Case Digest (G.R. No. 21327)
Facts:
People of the Philippines v. Manuel Lim Ching, G.R. No. 223556, October 09, 2017, the Supreme Court Second Division, Perlas-Bernabe, J., writing for the Court.The criminal case arose from four Informations filed before the Regional Trial Court (RTC), Branch 19, Catarman, Northern Samar, charging Manuel Lim Ching with violations of Sections 11, 12, 5 and 6, Article II of Republic Act No. 9165. The accusatory pleadings alleged, respectively, illegal possession of shabu (Crim. Case No. C-3522), illegal possession of drug paraphernalia (C-3523), illegal sale of shabu (C-3533), and maintenance of a drug den (C-3524).
The prosecution's factual narrative was that after surveillance and a prior test-buy, Police Superintendent Isaias B. Tonog organized a buy-bust team on June 29, 2003. PO1 Mauro Ubaldo Lim acted as the poseur-buyer and purchased sachets of suspected shabu from Ching using marked money. Immediately after the hand-to-hand transaction the team arrested Ching at his residence. A search of the premises allegedly produced multiple sachets of shabu (found in a chicken cage, on wooden frames inside the house, and in a pail outside) and numerous paraphernalia recovered in an adjacent makeshift structure. The sachets were marked “MLC-1” through “MLC-9,” receipts for property seized were executed and witnessed by barangay officials, and the items were turned over to PDEA and the PNP Regional Crime Laboratory on July 9, 2003. Forensic testing by P/Sr. Insp. Benjamin Cruto confirmed that eight of the nine marked sachets tested positive for methamphetamine hydrochloride.
Ching pleaded not guilty and testified that police and barangay officials entered his house, appeared to plant evidence, that he was brought to the police station by pedicab, and that P/Supt. Tonog bore him a personal grudge. At trial the RTC, in a Decision dated June 17, 2013, found Ching guilty in C-3522 (possession), C-3523 (possession of paraphernalia) and C-3533 (sale) and acquitted him in C-3524 (maintenance of a drug den); it imposed the statutory penalties and fines. Ching appealed to the Court of Appeals (CA).
In a Decision dated June 30, 2015, the CA in CA-G.R. CR-HC No. 01724 affirmed the RTC convictions, finding that the elemen...(Subscriber-Only)
Issues:
- Did the prosecution’s non-compliance with Section 21, Article II of RA 9165 and its IRR (chain of custody requirements) leave unjustified gaps that undermine the integrity and admissibility of the seized drugs and paraphernalia?
- If so, did the prosecution nevertheless prove beyond reasonable doubt the elements of illegal possession (Section 11), illegal possession of paraphernalia (Section 12), and illegal sale (Section 5), ...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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