G.R. No. 181318 - People vs. Agojo y Luna

Appellant German Agojo y Luna was charged on October 14, 1999 with violation of Section 15, Article III of R.A. No. 6425 for the illegal sale of four plastic bags of methamphetamine hydrochloride (“shabu”) weighing 206.32 grams on August 27, 1999 at about 11:30 p.m. at Poblacion, Tanauan, Batangas.
In a separate information, appellant was charged with violation of P.D. No. 1866, as amended by R.A. No. 8294, for possession of an unlicensed .45 caliber pistol with one magazine and seven live rounds, seized at the same time and place.

Appellant pleaded not guilty. The prosecution’s case was based on a buy-bust operation organized by Police Chief Inspector Ablang, using civilian informant Rodolfo Alonzo as poseur-buyer. Alonzo arranged to buy 200 grams of shabu from appellant for ₱70,000, half in cash and half on credit.
On August 27, 1999, Alonzo signaled completion of the sale by removing his cap after receiving from appellant a VHS box containing four plastic sachets of crystalline substance. The buy-bust team, witnessing the signal, approached and arrested appellant as he exited the hospital emergency room. They recovered ₱10,000 of the marked money from him, seized his .45 pistol with seven bullets, and took possession of the suspected shabu.
PNP chemist Lorna Tria examined the sachets and confirmed the presence of 206.32 grams of methamphetamine hydrochloride.
Appellant’s defense was denial and frame-up. He testified he was at Mercado Hospital to settle his wife’s bills, his car was sideswiped, and police later arrested him and allegedly planted evidence, confiscating ₱6,000, a wristwatch, and a necklace.

On November 11, 2002, the RTC of Tanauan, Batangas convicted appellant for illegal sale of shabu and sentenced him to death plus a ₱500,000 fine; he was acquitted of the firearm charge for lack of evidence.
Under R.A. No. 9346, the death penalty was later abolished. The case was automatically elevated to the Supreme Court but was transferred to the Court of Appeals (CA) for intermediate review.
On March 30, 2007, the CA affirmed the conviction with modification: it imposed reclusion perpetua instead of death, finding no aggravating circumstances. Appellant’s motion for new trial and claims of frame-up were denied.

Whether the prosecution proved appellant’s guilt beyond reasonable doubt for illegal sale of shabu, in light of appellant’s denial and alleged frame-up.
Whether the testimony of the informant and buy-bust team was clear, credible, and adequately corroborated.

Whether the warrantless arrest complied with Rule 113, Section 5(b) of the Rules of Court.
Whether discrepancies in the serial numbers of marked money and partial recovery of the buy-bust money undermined the prosecution’s case.
Whether the chain of custody over the seized shabu was properly preserved from seizure to laboratory examination and identification in court.