Case Digest (G.R. No. L-24434)
Facts:
Petitioner Lito Lopez was charged under Section 16, Article III of Republic Act No. 6425 for illegal possession of 0.0849 gram of methamphetamine hydrochloride (“shabu”), allegedly seized from his residence in Purok 1, Barangay Baranghawon, Tabaco, Albay, on 31 July 2000 at about 7:30 p.m., pursuant to a search warrant issued by Judge Arsenio Base. After arraignment, he pleaded not guilty.At trial, police officers testified to the seizure of several plastic packets and suspected shabu paraphernalia, execution of a seizure receipt, photography of the items, and submission of the specimen to the Legazpi City Crime Laboratory, where Forensic Chemist Police Superintendent Lorlie Arroyo reported the items as positive for shabu. Petitioner denied the search’s validity, claimed the seized drugs were planted and that he refused to sign the seizure receipt. The RTC convicted him on 23 May 2007, and the Court of Appeals affirmed on 31 March 2009, prompting this petition for review.
Issu
Case Digest (G.R. No. L-24434)
Facts:
- Nature of the petition and assailed rulings
- Petitioner Lito Lopez sought review on certiorari assailing the Decision of the Court of Appeals dated 31 March 2009 in CA-G.R. CR No. 30939.
- The Court of Appeals affirmed petitioner’s conviction by the Regional Trial Court (RTC), Branch 17, Tabaco City, in Criminal Case No. T-3476.
- The RTC found petitioner guilty beyond reasonable doubt of illegal possession of dangerous drugs.
- Information and charge under R.A. 6425
- Petitioner was charged with violation of Section 16, Article III of Republic Act No. 6425.
- The Information alleged that on or about 31 July 2000, at 7:30 p.m., at Purok 1, Brgy. Baranghawon, Municipality of Tabaco, Province of Albay, petitioner, with intent to possess and violate the law, willfully and unlawfully possessed and controlled 0.0849 gram of Methamphetamine Hydrochloride (*shabu*).
- The Information specified that the *shabu* was contained in four (4) small transparent packets, four (4) pieces of aluminum foil, and one (1) transparent plastic packet, both containing *shabu* residue.
- The Information further alleged lack of authority, license, or permit from the government or duly authorized representatives.
- Arraignment and plea
- Upon arraignment, petitioner pleaded not guilty.
- Prosecution’s evidence on the search and seizure
- Police leadership and search arrangement
- SPO4 Benito Bognalos served as team leader of the group implementing the search warrant.
- The search warrant was issued by Judge Arsenio Base of the Municipal Trial Court of Tabaco, Albay for petitioner’s house.
- The search team members were SPO3 Domingo Borigas, PO3 Carlos Desuasido, and PO3 Ferdinand Telado.
- Another group—SPO1 Venancio Rolda, PO3 Cesar Templonuevo, and SPO2 Melchor Codornes—secured the perimeter area.
- SPO4 Bognalos contacted barangay officials to ask for assistance.
- Execution of the search and petitioner’s compliance
- At around 7:30 p.m. of 31 July 2000, the search team, together with three (3) barangay officials, went to petitioner’s house and presented the search warrant.
- Petitioner eventually relented to the conduct of the search.
- Items seized and locations found
- PO3 Desuasido seized a folded piece of paper containing:
- four (4) 14 x 12 inch transparent plastic packets of white powder,
- two (2) 2 x 1-1/2 inch plastic sachets containing white powder,
- a crystal-like stone measuring 2 inches in contoured diameter concealed in the kitchen.
- SPO3 Borigas found in the bathroom:
- two (2) 2 x 1-1/2 inch plastic sachets containing white powder.
- PO3 Telado seized:
- one (1) 14 x 12 inch plastic packet containing suspected *shabu* residue inside the master’s bedroom,
- one (1) 1 x 1-1/2 inch plastic sachet containing suspected *shabu* residue,
- four (4) aluminum rolls,
- a partly burned piece of paper at one end.
- Barangay Captain Angeles Brutas witnessed the policemen’s search in petitioner’s kitchen and saw recovery of the plastic sachets containing suspected *shabu*.
- Barangay Kagawad Leticia Bongon saw the policemen find outside the house a white, round, hard object described as “tawas-like” in the kitchen and aluminum foils allegedly used as *shabu* paraphernalia.
- Documentation of seizure and handling after search
- After the search, the seized items were photographed.
- A seizure receipt, properly acknowledged by petitioner, was issued.
- Petitioner was brought to the police station.
- The seized plastic sachets were brought by the Chief of Police to the Legazpi City Crime Laboratory for examination.
- Forensic examination and identification of the drugs
- The Forensic Chemist, Police Superintendent Lorlie Arroyo, testified and issued Chemistry Report No. D-111-2000.
- She found that the seized plastic sachets were positive for methamphetamine hydrochloride (*shabu*).
- Defense evidence on alleged irregularities during the search
- Petitioner’s account of the search
- Petitioner testified that at exactly 7:30 p.m. on 31 July 2000, more than ten (10) policemen barged into his house.
- He asked their purpose and was told they had a search warrant.
- Petitioner claimed he could not properly see the search warrant because Butch Gonzales pushed him aside.
- He stated that while policemen searched different parts of the house, he was made to sit in the living room by PO3 Desuasido.
- From where he sat, petitioner said he could not see the kitchen or bedroom where plastic sachets were allegedly recovered.
- He claimed he was asked to sign a seizure receipt but refused.
- After the search, petitioner was taken into custody and brought to the police station.
- Corroborating defense testimony
- Salvacion Posadas, petitioner’s former common-law partner, testified inside petitioner’s house during the search.
- She corroborated petitioner that they could not witness the search because they were made to sit in the living room.
- She claimed barangay officials did not accompany the policemen in the search inside the kitchen and bedroom.
- Trial court disposition
- On 23 May 2007, the RTC convicted petitioner of illegal possession of *shabu* under Section 16, Article III of R.A. 6425.
- The RTC dispositive portion sentenced petitioner under the Indeterminate Sentence Law, imposing:
- a minimum penalty of from four (4) months and one (1) day of arresto mayor in its medium period, and
- a maximum penalty of to three (3) years of prision correccional in its medium pe...(Subscriber-Only)
Issues:
- Chain of custody and corpus delicti
- Whether the prosecution proved beyond reasonable doubt the identity and integrity of the corpus delicti by establishing every link in the chain of custody of the seized *shabu*.
- Whether the alleged seized drugs were properly marked immediately upon confiscation and in the presence of the accused, as required for maintaining integrity.
- Marking and evidentiary links
- Whether the testimonies showed that markings were actually made on the seized items and, if so, when and by whom.
- Whether the prosecution’s evidence sufficiently established who had custody and control of the seized items during transit, after laboratory examination, and prior to presentation in court.
- Identification of the seized items in court
- Whether the seized items presented in court were identified with certainty as the same items allegedly seized from petitioner.
- Whether inconsistenc...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)