Case Digest (G.R. No. 93728)
Facts:
- Francisco Abbu and Michael Herrera were charged with violating Section 4, Article II of Republic Act No. 6425 (Dangerous Drugs Act).
- Incident occurred on September 22, 1988, at around 3:30 PM at the corner of Montalban and Burgos Streets in Cagayan de Oro City.
- Abbu and Herrera were accused of conspiring to sell a tea bag of dried marijuana leaves to a NARCOM poseur buyer for a marked ten-peso bill.
- The police team, led by Sgt. Claro Unson, conducted a "buy-bust" operation and witnessed the transaction.
- Abbu and Herrera escaped; police secured the marijuana tea bag, which tested positive for marijuana, but did not recover the marked money.
- At trial, Herrera presented an alibi, claiming he was attending classes in Marawi City; Abbu did not testify and adopted Herrera's evidence.
- The Regional Trial Court of Misamis Oriental convicted Abbu and acquitted Herrera.
- Abbu appealed, arguing the prosecution's failure to present the marked money and the poseur buyer, along with the delay in submitting the marijuana tea bag for examination, undermined the case against him.
- Abbu also claimed a denial of due process due to his inability to testify because of illness.
Issue:
- (Unlock)
Ruling:
- The court ruled that the presentation of the marked money is not indispensable in drug cases.
- The court held that the failure to present the poseur buyer did not affect the prosecution's case.
- The court found that the delay in submitting the marijuana tea bag for examination did not undermine the integrity of the evidence.
- The court affirmed the validity of the entrapment operation.
- The court concluded that Abbu was not denied his right to due process.
- The court modified the penalty imposed on Abbu, reducing it from life imprisonment and a fine of P20,...(Unlock)
Ratio:
- The Dangerous Drugs Act punishes the delivery of prohibited drugs, and the consideration for the transaction is immaterial.
- The presence of conspiracy between Abbu and Herrera was established through their concerted actions during the "buy-bust" operation.
- The testimony of the poseur buyer is not indispensable if the arresting officer...continue reading
Case Digest (G.R. No. 93728)
Facts:
In the case of "People vs. Abbu," Francisco Abbu and Michael Herrera were charged with violating Section 4, Article II of Republic Act No. 6425, also known as the Dangerous Drugs Act. The incident occurred on September 22, 1988, at around 3:30 PM at the corner of Montalban and Burgos Streets in Cagayan de Oro City. Abbu and Herrera were accused of conspiring to sell a tea bag of dried marijuana leaves to a NARCOM poseur buyer in exchange for a marked ten-peso bill. The police team, led by Sgt. Claro Unson, conducted a "buy-bust" operation and witnessed the transaction. However, Abbu and Herrera managed to escape, and the police were unable to recover the marked money but secured the marijuana tea bag, which tested positive for marijuana. At trial, Herrera presented an alibi, claiming he was attending classes in Marawi City, while Abbu did not testify and adopted Herrera's evidence. The Regional Trial Court of Misamis Oriental convicted Abbu and acquitted Herrera. Abbu appealed, arguing that the prosecution's failure to present the marked money and the poseur buyer, along with the delay in submitting the marijuana tea bag for examination, undermined the case against him. He also claimed a denial of due process due to his inability to testify because of illness.
Issue:
- Is the presentation of the marked money indispensable to substantiate the sale in drug cases?
- Is the failure to present the poseur buyer a fatal flaw in the prosecution's case?
- Does the delay in submitting the marijuana tea bag for examination affect the integrity of the evidence?
- Was the entrapment ope...