Case Digest (G.R. No. 172953)
Facts:
Junie Mallillin y Lopez v. People of the Philippines, G.R. No. 172953, April 30, 2008, Supreme Court Second Division, Tinga, J., writing for the Court. In this Rule 45 petition for review on certiorari, petitioner Junie Mallillin y Lopez challenged the Court of Appeals decision affirming his conviction for illegal possession of methamphetamine hydrochloride under R.A. No. 9165.On 4 February 2003 a five-man police team, headed by P/Insp. Catalino Bolanos, executed a search warrant at petitioner’s residence in Barangay Tugos, Sorsogon City. The search—conducted in the presence of barangay kagawad Delfin Licup, petitioner, petitioner’s wife Sheila, and petitioner’s mother Norma—allegedly produced two plastic sachets of shabu and five empty sachets with residue. Petitioner was charged under Section 11, Article II of R.A. No. 9165 for possession of shabu (aggregate weight alleged 0.0743 gram plus residue).
At trial the prosecution presented Bolanos, PO3 Roberto Esternon and forensic chemist Supt. Lorlie Arroyo. Bolanos testified that he observed the search from about a meter away and that Esternon found the two filled sachets under a pillow; Esternon testified he conducted the bedroom search, received the items from petitioner, recorded and marked them with SPO2 Gallinera, and brought them to the police station and later the laboratory. Arroyo testified the tested exhibits were positive for methamphetamine hydrochloride and that a Mrs. Ofelia Garcia received the items at the laboratory.
The defense denied petitioner’s presence during the critical moments of the search and emphasized procedural irregularities. Petitioner and three household witnesses (his wife Sheila, his mother Norma, and barangay kagawad Licup) testified that petitioner was sent out to buy cigarettes while a lady officer searched Sheila; petitioner returned and was summoned back to the bedroom where Esternon allegedly produced the sachets. Licup likewise testified Esternon was alone in the bedroom when he later announced finding two filled sachets.
On 20 June 2004 the Regional Trial Court (RTC), Branch 52, convicted petitioner and sentenced him to twelve years and one day to twenty years imprisonment and a P300,000 fine, finding prima facie animus possidendi from discovery of shabu in his house. The Court of Appeals, in CA-G.R. No. 28915, affirmed with modification (indeterminate sentence of 12 to 17 years) on 27 January 2006 and denied reconsideration on 30 May 2006. Petitioner filed the present petition under Rule 45, arguing the prosecution failed to prove identity and continuity of custody of the seized items and that police conduct was irregular.
In its Comment the Office of the Solicitor General urged deference to...(Pro-only)
Issues:
- Was the prosecution able to prove beyond reasonable doubt the identity and continuity of custody (chain of custody) of the seized sachets offered in evidence?
- Did the procedural irregularities in the execution of the search warrant and post-seizure handling of the items defeat the presumption of regularity and warrant...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
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Doctrine:
- (Pro-only)