Case Digest (G.R. No. 193670)
Facts:
People of the Philippines v. Venerando Dela Cruz y Sebastian, G.R. No. 193670, December 03, 2014, Supreme Court Second Division, Del Castillo, J., writing for the Court. The plaintiff-appellee is the People of the Philippines and the accused-appellant is Venerando Dela Cruz y Sebastian.On July 25, 2003, police asset Warren Ebio received information about a possible purchase of shabu and arranged by telephone to meet the alleged seller in front of the barangay hall of Lerma, Naga City. A buy-bust team composed of SPO1 Ruben Antonio, SPO1 Cornelio Morano, PO3 Raul Bongon and SPO3 Julio Tuason coordinated the operation with the Philippine Drug Enforcement Agency; Ebio acted as poseur-buyer and was given three P500 bills as buy-bust money while PO3 Bongon was tasked to apprehend the seller after the transaction.
At the meeting Ebio handed marked money to a man recognized by the buy-bust team; the man produced two transparent sachets containing a white crystalline substance and handed them to Ebio. Ebio signaled consummation by removing his hat. The police then arrested the man, recovered the marked money and an additional sachet, and PO3 Bongon marked the three sachets RSB-1, RSB-2 and RSB-3 before turning them over to SPO1 Antonio, who submitted them to the Philippine National Police Crime Laboratory. Forensic Chemist Josephine Macura Clemen tested the specimens and found them positive for methamphetamine hydrochloride (shabu).
An Information charged appellant with violation of Section 5, Article II of Republic Act No. 9165 for selling two sachets of shabu weighing a total of 0.8418 gram for P1,500 to the poseur-buyer. Appellant denied the charges, asserting he was framed: he maintained he was riding his motorcycle near Panganiban Bridge and was accosted and detained by police who later filed the case against him.
The Regional Trial Court of Naga City, Branch 28, rendered judgment on March 15, 2005 convicting appellant of illegal sale of dangerous drugs and sentencing him to life ...(Subscriber-Only)
Issues:
- Was the chain of custody adequately established despite the prosecution's failure to specify the exact place where the three sachets were marked?
- Did the prosecution need to prove a prior agreement between appellant and the poseur-buyer as to the quantity of shabu to sustain a conviction for illegal sale?
- Did appellant's claim of being framed create reason...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
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Doctrine:
- (Subscriber-Only)