Case Digest (G.R. No. 187047)
Facts:
People of the Philippines v. Manuel Cruz y Cruz, G.R. No. 187047, June 15, 2011, Supreme Court First Division, Perez, J., writing for the Court.The accused-appellant, Manuel Cruz y Cruz, was charged in two Informations dated 24 February 2005 with violations of Section 5, Article II (sale) and Section 11, Article II (possession) of Republic Act No. 9165 (Comprehensive Dangerous Drugs Act of 2002), respectively docketed as Criminal Case No. 05-0254 and Criminal Case No. 05-0255. The sale information alleged delivery of 1.53 grams of methamphetamine hydrochloride (shabu); the possession information alleged possession of 1.42 grams. Upon arraignment he pleaded not guilty and the cases proceeded to trial.
The prosecution presented members of the DAID‑SOT Southern Police District as witnesses, principally Police Officer 2 Nemesio Gallano (the poseur‑buyer) and PO2 Darwin Boiser (immediate back‑up). The operatives received a tip from a male informant identifying an alias “Maning” as a drug pusher in Sitio de Asis, Barangay San Martin de Porres, Parañaque City. After verification, the team planned a buy‑bust: Gallano was given P2,000 in four P500 bills (marked "JG") as buy money, the prearranged signal was a missed call, and the male informant introduced Gallano to the target.
On 23 February 2005 at about 5:45 p.m., Gallano allegedly handed the marked money to the target in exchange for a plastic sachet containing a white crystalline substance; Gallano then gave the prearranged missed call and the buy‑bust team effected an arrest. A second sachet was recovered from the arrestee. The seized sachets were marked “NG‑1‑230205” and “NG‑2‑230205” and later tested at the PNP Crime Laboratory; Chemistry Report No. D‑143‑05 showed the substances were methamphetamine hydrochloride.
At trial appellant testified denying the charges, claiming he was at home, was arrested by men in civilian clothes who identified themselves as policemen, and that the drugs had been planted in retaliation for his refusal to pay extortion money; he also noted the marked money was not shown to have been blottered. The defense called no other witnesses.
The Regional Trial Court, Branch 259, Parañaque City, found appellant guilty beyond reasonable doubt of illegal sale (Sec. 5, Art. II, RA 9165) and sentenced him to life imprisonment and ...(Pro-only)
Issues:
- Was appellant’s warrantless arrest (and the attendant search/seizure in the buy‑bust) lawful?
- Did the prosecution prove beyond reasonable doubt that appellant committed the crime of illegal sale under Section 5, Article ...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)