Case Digest (G.R. No. 219852)
Facts:
People of the Philippines v. Dave Claudel y Lucas, G.R. No. 219852, April 03, 2019, Supreme Court Second Division, Caguioa, J., writing for the Court.
The prosecution charged Dave Claudel y Lucas (accused-appellant) with violation of Section 5, Article II of Republic Act No. 9165 (sale of methamphetamine hydrochloride) by Information alleging that on February 26, 2009 he sold one heat-sealed plastic sachet containing methamphetamine hydrochloride weighing 0.04 gram in Muntinlupa City. Dave pleaded not guilty.
At trial the prosecution presented PO2 Rondivar Hernaez (poseur-buyer) and PO1 Bob Yangson (immediate back-up). Their testimony described a planned buy-bust on the evening of February 26, 2009: a pre-operational and coordination sheet were prepared and faxed to the Philippine Drug Enforcement Agency (PDEA), a Certificate of Coordination was obtained, and Hernaez was given PHP500 marked with his initials as buy-bust money. According to the police, Hernaez—wearing a disguise and accompanied by an asset—allegedly consummated the sale with Dave, signaled by lighting a cigarette, after which the back-up arrested Dave and the item was taken into custody, marked with “DC” at the police station, inventoried in the presence of a DAPCO representative, and later tested positive for methamphetamine hydrochloride.
The defense called Dave, his sister Ligaya Santos, and Emmerlyn Arellano. They testified that on the evening in question Dave was fetching water near his sister’s store when several armed men, two of whom were identified as PO1 Yangson and PO2 Hernaez, forcibly took him to the police station, threatened and struck him, and demanded money for his release. Ligaya said police later showed her a sachet they intended to use as evidence. Dave denied the seized item was recovered from him.
The Regional Trial Court (Branch 204, Muntinlupa City) found Dave guilty in a Decision dated October 31, 2012 (Criminal Case No. 09-149), sentenced him to life imprisonment and a fine of P500,000, and ordered transmission of the drug to PDEA. Dave appealed to the Court of Appeals (CA-G.R. CR-HC No. 05973). The Court of Appeals, Twelfth Division, in a Decision dated October 22, 2014, affirmed the RTC judgm...(Subscriber-Only)
Issues:
- Was the accused’s guilt for violating Section 5, Article II of RA 9165 proven beyond reasonable doubt?...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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