Case Digest (G.R. No. 70451)
Facts:
The case at hand involves the People of the Philippines as the plaintiff-appellee and Ferdinand Buniag y Mercadera as the accused-appellant (G.R. No. 217661), with the decision being rendered on June 26, 2019. This case originated from an incident that occurred on August 9, 2008, at approximately 7:30 P.M. on Olape Street, Zone 2 Bayabas, Cagayan de Oro City, where Buniag was accused of violating Section 5, Article II of Republic Act No. 9165, also known as the Comprehensive Dangerous Drugs Act of 2002. The information filed against him alleged that he unlawfully sold and delivered illegal drugs.
According to the prosecution's account, at around 4:00 P.M. that day, Police Drug Enforcement Agent IO1 Rubylyn S. Alfaro, accompanied by a confidential informant, arranged to purchase Php 5,000 worth of marijuana from Buniag. A buy-bust operation was organized, with Alfaro designated as the poseur-buyer. The operation unfolded as Buniag arrived with a black traveling bag containi
...Case Digest (G.R. No. 70451)
Facts:
People of the Philippines charged Ferdinand Buniag y Mercadera with violating Section 5, Article II of R.A. 9165 for allegedly selling marijuana during a buy-bust on August 9, 2008 in Olape St., Zone 2, Bayabas, Cagayan de Oro City. The RTC convicted him, but found only an attempt to sell and also held him liable for delivery, while ruling that the chain of custody was adequately established.On appeal, the Court of Appeals affirmed but modified the conviction to violation of Section 26(b), Article II of R.A. 9165, holding that the case involved an aborted sale and that noncompliance with Section 21 was not fatal.
Issues:
- Whether the CA erred in finding Buniag guilty beyond reasonable doubt for violation of Section 26(b), Article II of R.A. 9165.
- Whether the prosecution proved the corpus delicti for attempted illegal sale given alleged breaches of Section 21, Article II of R.A. 9165 and defects in the buy-bust handling of the seized drugs.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)