Case Digest (G.R. No. 241324)
Facts:
- Marivic Cohayco y Revil, also known as "Kakang," was charged with illegal sale of dangerous drugs under Republic Act No. 9165.
- The incident occurred on March 19, 2014, during a buy-bust operation by the Philippine Drug Enforcement Agency (PDEA) in a known drug activity area.
- PDEA operatives recovered one large sachet containing ten smaller sachets of a white crystalline substance, later confirmed as methamphetamine hydrochloride (shabu).
- Following her arrest, the seized items were marked, inventoried, and photographed at the PDEA Satellite Office in the presence of barangay officials and media.
- Cohayco denied the charges, claiming she was searching for her son and was forcibly taken by two men on a motorcycle.
- She asserted that nothing was found on her during the police station search and was unaware of the document signed by a barangay official.
- The Regional Trial Court (RTC) found her guilty on July 27, 2016, sentencing her to life imprisonment and a fine of P500,000.
- Cohayco appealed to the Court of Appeals (CA), which affirmed her conviction on April 24, 2018.
Issue:
- (Unlock)
Ruling:
- The Supreme Court granted the appeal, reversed the CA's decision, and acquitted Marivic Cohayco y Revil of the charges.
- The Court determined that the prosecution failed to establis...(Unlock)
Ratio:
- The Supreme Court highlighted that establishing the identity of the drug with moral certainty is essential in cases of illegal sale and possession of dangerous drugs.
- The integrity of evidence must be maintained through a proper chain of custody, which includes immediate marking, inventory, and photography of seized items in the presence of the accused and required witnesses.
- The absence of a DOJ representative during th...continue reading
Case Digest (G.R. No. 241324)
Facts:
The case involves Marivic Cohayco y Revil, also known as "Kakang," who was charged with the illegal sale of dangerous drugs under Republic Act No. 9165, known as the Comprehensive Dangerous Drugs Act of 2002. The events leading to the case unfolded on the evening of March 19, 2014, when operatives from the Philippine Drug Enforcement Agency (PDEA) Region X conducted a buy-bust operation against Cohayco in a location notorious for drug activity. During this operation, the PDEA operatives successfully recovered one large sachet containing ten smaller sachets of a white crystalline substance, which later tested positive for methamphetamine hydrochloride, commonly known as shabu. Following her arrest, the seized items were marked, inventoried, and photographed at the PDEA Satellite Office in the presence of barangay officials and media representatives. Cohayco, however, denied the charges, claiming she was merely searching for her son when she was forcibly taken by two men on a motorcycle. She asserted that nothing was found on her person during the search at the police station, and she was unaware of the document signed by a barangay official. The Regional Trial Court (RTC) of Oroquieta City, Branch 12, found her guilty beyond reasonable doubt in a decision dated July 27, 2016, sentencing her to life imprisonment and a fine of P500,000. Cohayco appealed the decision to ...