Title
People vs. Canete y Ferdez
Case
G.R. No. 242018
Decision Date
Jul 3, 2019
Accused acquitted due to procedural lapses in drug seizure handling, failing to preserve evidence integrity under RA 9165, creating reasonable doubt.
A

Case Digest (G.R. No. 242018)

Facts:

The case People of the Philippines v. Lyndon Canete y Fernandez and Peterlou Pimentel y Bendebel, G.R. No. 242018, July 03, 2019, Supreme Court Second Division, Caguioa, J., writing for the Court. An Information charged both accused-appellants with violation of Section 5, Article II of Republic Act No. 9165 for allegedly selling a heat-sealed sachet of shabu to an undercover PDEA agent on January 17, 2012 in Tukuran, Zamboanga del Sur. The accused pleaded not guilty and stood trial.

The prosecution’s account was that a PDEA buy-bust team acting on a confidential informant designated Agent Rolly Calangi as poseur-buyer and gave him P300. The team positioned itself near a billiard hall; the confidential informant introduced Agent Calangi to Pimentel who handed the money to Canete; Canete went across the road and returned with cigarette foil containing a sachet later identified as shabu. Agent Calangi placed the foil and sachet in his pocket, reunited with the buy-bust team, and later marked and inventoried the seized items at the team’s service vehicle and subsequently at the Provincial Intelligence Branch Office (Camp Abelon) where media, an elected official, and a DOJ representative witnessed the inventory and signed copies. Laboratory analysis tested the specimen positive for methamphetamine hydrochloride.

The defense presented a contrary narrative: both accused claimed they were seized by armed persons, brought against their will to a vehicle and later to Camp Abelon, subjected to searches and forced to sign documents; they denied selling drugs and asserted the buy-bust team had effectively abducted them. The Information did not specify the exact weight of the seized substance.

The Regional Trial Court (RTC), Branch 20, Pagadian City, rendered judgment on March 31, 2017 finding the accused guilty beyond reasonable doubt and sentencing them to life imprisonment and a P500,000 fine; the RTC acknowledged procedural lapses in evidence handling but nonetheless found the chain of custody intact and credited the police testimony. The Court of Appeals (CA), in CA-G.R. CR-HC No. 01688-MIN, affirmed the RTC on April 24, 2018, holding the inventory and photographing lapses excusable under the circumstances and finding the required witnesses were present at the inventory. The accused filed an appeal to the Supreme C...(Subscriber-Only)

Issues:

  • Whether the accused-appellants are guilty beyond reasonable doubt for the crime charged, considering the procedural deviations from Section 21 of RA 9165 and it...(Subscriber-Only)

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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