Case Digest (G.R. No. 228958)
Facts:
People of the Philippines v. Eutiquio Baer @ "Tikyo," G.R. No. 228958, August 14, 2019, Supreme Court Second Division, Caguioa, J., writing for the Court.The People of the Philippines (plaintiff-appellee) charged accused-appellant Eutiquio Baer with two offenses under Republic Act No. 9165: illegal possession of dangerous drugs (Section 11, Article II) in Criminal Case No. H-1176, and illegal sale of dangerous drugs (Section 5, Article II) in Criminal Case No. H-1177. The Informations alleged that on December 3, 2002 the police recovered multiple heat-sealed sachets and decks of methamphetamine hydrochloride ("shabu") from a locked steel box found in Baer's rented stall in the public market of Bato, Leyte, and that a poseur buyer purchased a sachet from Baer.
At arraignment Baer pleaded not guilty and was detained at Hilongos Sub-Provincial Jail. The prosecution's case included testimony of PANU officers who executed a search warrant at Baer’s rented stall, an inventory and marking of seized items at the municipal building, and Chemistry Report No. D-476-2002 from the PNP Crime Laboratory confirming the seized specimens tested positive for methamphetamine hydrochloride. Barangay officials witnessed the operation and signed the inventory; the prosecution did not present media or DOJ representatives, nor photographs of the inventory.
Baer and defense witnesses testified that the locked steel box was brought to his stall by one Virgilio "Ondo" Notarte, that Baer initially refused to accept custody but later brought it inside to prevent loss, and that Baer did not own the box, did not have the key, and had no knowledge of its contents. On cross-examination prosecution witnesses admitted the key used to open the box came from the authorities and that Baer was outside the stall during the search.
Branch 18, Regional Trial Court (RTC) of Hilongos, Leyte, by Decision dated January 12, 2009 convicted Baer of illegal possession under Section 11, Article II of RA 9165, sentencing him to life imprisonment and fines, but acquitted him of the illegal sale charge for failure of proof. Baer appealed to the Court of Appeals (CA).
In CA-G.R. CEB-CR. HC No. 01343 the Court of Appeals, in an August 31, 2016 Decision, affirmed the RTC conviction, reas...(Subscriber-Only)
Issues:
- Did the RTC and the Court of Appeals err in convicting accused-appellant Eutiquio Baer of illegal possession of dangerous drugs under Section 11, Article II of R...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)