Case Digest (G.R. No. 242831)
Facts:
People of the Philippines v. Victor Alcira y Madriaga also known as Buddha, G.R. No. 242831, June 22, 2022, Supreme Court Second Division, Lopez, J., writing for the Court. The plaintiff-appellee is the People of the Philippines; the accused-appellant is Victor Alcira y Madriaga (also "accused-appellant"); Merlen Caberos y Geronimo was separately charged but acquitted below.On June 17, 2015 a confidential informant told Senior Police Officer 1 Emil Norella Janairo (SPO1 Janairo) that Alcira and cohorts were using and selling illegal drugs and possessed an unlicensed firearm; PSI Marlon Calonge organized a buy-bust team with Janairo as the poseur-buyer and other officers as back-up. Before departure the team prepared pre-operation and coordination reports, recorded the serial numbers of three P100 bills, and the informant accompanied them to the target area in Barangay Turbina, Calamba City.
At the scene the informant introduced SPO1 Janairo to Alcira; Janairo offered P300 and Alcira allegedly handed a plastic sachet containing white crystalline substance in exchange for money. Janairo immediately identified himself as a police officer, ordered Alcira down, observed a gun at Alcira’s back, handcuffed him and recovered a .38 revolver with five live rounds; Janairo also recovered two other sachets from Alcira and three sachets from Caberos. The seized items were marked (e.g., “PNP-BB,” “VA-1,” “VA-2,” “MC-1”–“MC-3”), inventoried at the place of arrest with witnesses present (including a press member and a barangay official), and turned over to the crime laboratory for testing.
Forensic chemist Police Chief Inspector Donna Villa P. Huelgas examined the six sachets submitted and issued Chemistry Report No. D-1543-15: specimens A–F tested POSITIVE for methamphetamine hydrochloride (shabu) with listed weights. Alcira was charged in three Informations with illegal sale (0.03 g), illegal possession (0.10 g) of shabu under Sections 5 and 11, Article II of R.A. No. 9165 (as amended by R.A. No. 10640), and illegal possession of a firearm under Section 28(a) in relation to par. (e) of R.A. No. 10591. Caberos was charged separately for possession (0.23 g) but the RTC acquitted her and her case was not elevated.
At trial Alcira testified he was inside his house when police entered, that he knew one officer but had never seen SPO1 Janairo prior to the operation, and he denied the charges. On February 16, 2017 the Regional Trial Court, Branch 37, Calamba City ...(Subscriber-Only)
Issues:
- Did the courts a quo gravely err in convicting accused-appellant despite his claim that the buy-bust operation was fabricated?
- Did the courts a quo gravely err in convicting accused-appellant despite alleged material irregularities in the buy-bust operation and the alleged inconsistency/incredibility of SPO1 Janairo’s testimony?
- Did the courts a quo gravely err in convicting accused-appellant despite the alleged illegality of the search on his person and property?
- Should the allegedly seized items be treated as fruits of the poisonous tree?
- Did the courts a quo gravely err in convicting accused-appellant despite the prosecution’s alleged failure to establish the chain of custody of the seized items?
- Did the prosecution fail to establish the elements of the charged offenses?
- Did the ...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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