Case Digest (G.R. No. 224588)
Facts:
People of the Philippines v. Rodel Belmonte y Saa, G.R. No. 224588, July 04, 2018, Supreme Court Third Division, Martires, J., writing for the Court. The plaintiff-appellee is the People of the Philippines; the accused-appellant is Rodel Belmonte y Saa. He was charged in two informations before the Regional Trial Court (RTC), Branch 25, Misamis Oriental, for violation of R.A. No. 9165: Criminal Case No. 2010-713 (possession under Sec. 11, Art. II) and Criminal Case No. 2010-714 (sale under Sec. 5, Art. II). He pleaded not guilty and elected to testify in his own defense.On July 3, 2010, a confidential informant purportedly assisted a buy-bust operation by police officers including SPO1 Gilbert Sabellina, PO1 Linard Carna, PO2 Jonrey Satur, and station commander Gilbert Mejares Rollen. The prosecution’s version was that the informant bought one heat-sealed sachet of white crystalline substance from accused for P500; a frisk allegedly produced two sealed sachets in the accused’s right pocket and four sachets with traces in his left pocket. Carna testified he marked the sachets at the station with his initials (“LBC” markings), Rolllen signed laboratory requests and urine test requests, and the items were delivered to the PNP crime laboratory where a chemistry report (Exh. “C”) gave positive qualitative results for methamphetamine hydrochloride.
The defense maintained that police entered the cousin’s house where the accused was waiting, then later produced sachets they claimed to have found in his house, demanded P30,000 for release, and ultimately brought him and the sachets to the station and then to the laboratory. The police record showed the buy-bust operation was entered in the station blotter; the prosecution did not present photographs or a formal inventory taken at the scene or at the station.
The RTC found the police witnesses credible, convicted accused in both cases, and sentenced him (Crim. Case No. 2010-713: 12 years and one day to 13 years, fine P300,000; Crim. Case No. 2010-714: life imprisonment and fine P500,000). The accused appealed to the Court of Appeals (CA) which, in CA-G.R. CR HC No. 01147-MIN, affirmed the RTC but modified the penalty in Crim. Case No. 2010-714 to reclusion perpetua in its entire duration and full extent. The accused elevated th...(Subscriber-Only)
Issues:
- Was the guilt of accused-appellant Rodel Belmonte y Saa proven beyond reasonable doubt? ...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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