Title
People vs. Belocura y Perez
Case
G.R. No. 173474
Decision Date
Aug 29, 2012
Police officer acquitted of drug possession due to broken chain of custody, physical impossibility, and unlawful warrantless search; guilt not proven beyond reasonable doubt.
A

Case Digest (G.R. No. 211281)

Facts:

  • Antecedents and Proceedings
    • On March 22, 1999, PSSg. Reynaldo Belocura y Perez, a police officer, was charged under Section 8, Republic Act No. 6425 (as amended by RA 7659) for possession of 1,789.823 g of marijuana.
    • The Regional Trial Court (RTC) of Manila convicted him on April 22, 2003, sentencing him to reclusion perpetua and a ₱500,000 fine; the Court of Appeals (CA) affirmed on January 23, 2006; he appealed to the Supreme Court.
  • Seizure and Laboratory Examination
    • Acting on an anonymous tip, Chief Insp. Ferdinand Divina led a team that intercepted Belocura’s owner-type jeep with a spurious plate (SBM-510). PO2 Eraldo Santos recovered a red-white plastic bag under the driver’s seat containing two newspaper-wrapped bricks of marijuana weighing 830.532 g and 959.291 g.
    • The items were turned over to the Western Police District’s General Assignment Section and, on March 23, 1999, received by Forensic Chemist Insp. Arlene Valdez Coronel, who conducted three qualitative tests confirming the substance as marijuana.
  • Defense Version
    • Belocura denied any knowledge or possession of the marijuana bricks, claiming he was unlawfully arrested and handcuffed before reaching his jeep; he insisted the bricks could not fit under the seat without tearing the wrapping.
    • He testified that he first saw the alleged marijuana only when presented in court and attributed the charges to enmity with a superior officer.

Issues:

  • Whether the trial court gravely erred in convicting Belocura despite the alleged physical impossibility of concealing the marijuana under the driver’s seat.
  • Whether inconsistent and contradictory statements of prosecution witnesses vitiated the evidence.
  • Whether the seizure of marijuana without a search warrant rendered the evidence inadmissible.
  • Whether the prosecution failed to prove Belocura’s guilt beyond reasonable doubt.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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