Case Digest (G.R. No. 225213)
Facts:
People of the Philippines v. Ceasar Conlu y Benetua, G.R. No. 225213, October 03, 2018, Supreme Court Second Division, Carpio, J., writing for the Court. Appellant Ceasar Conlu y Benetua was charged in two informations for violations of Sections 5 and 11, Article II of Republic Act No. 9165 (the Comprehensive Dangerous Drugs Act of 2002) in Criminal Case Nos. 8615-69 and 8616-69. He was acquitted in Criminal Case No. 8615-69 (possession) but, after trial, the Regional Trial Court (RTC), Branch 69, Silay City, convicted him in Criminal Case No. 8616-69 for violation of Section 5 (sale) and sentenced him to life imprisonment and a fine; the RTC found the buy-bust operation to have been well planned, coordinated with PDEA, and sufficiently documented.The prosecution’s version, supported by nine witnesses (including P/Inspector Hernand Donado, PO2 Ian Libo-on, and PO2 Reynaldo Bernil), described a surveillance/test-buy that led to a buy-bust on April 18, 2012 in Villa Hergon, Barangay Rizal, Silay City. Marked money (P250) was given to a police asset (poseur-buyer) who allegedly approached appellant; the asset signaled consummation by a pre-arranged gesture and operatives who had been some distance away (initially ~50 meters, later ~7–10 meters) converged and arrested appellant. A small heat-sealed sachet (later testing positive for methamphetamine hydrochloride) was claimed to have been delivered by appellant to the poseur-buyer and thereafter handled by members of the buy-bust team; additional sachets were allegedly recovered only later at the police station.
The defense presented four witnesses, including appellant and his father, who described a forcible arrest, a body search conducted by barangay officials that allegedly yielded nothing at the scene (applauded by onlookers), and that later at the police station a search produced sachets. The poseur-buyer who allegedly consummated the sale was not presented at trial.
On October 14, 2013, the RTC convicted for sale (Crim. Case No. 8616-69) but acquitted for possession (Crim. Case No. 8615-69). The Court of Appeals, in CA-G.R. CR HC No. 01755, affirmed the RTC on September 30, 2015, finding the ...(Subscriber-Only)
Issues:
- Did the prosecution prove beyond reasonable doubt that an illegal sale under Section 5, Article II of RA 9165 occurred between appellant and the poseur-buyer?
- Was the chain of custody of the seized dangerous drug established such that the corpus delicti was properl...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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