Case Digest (G.R. No. 207993)
Facts:
People of the Philippines v. Gerardo Enumerable y De Villa, G.R. No. 207993, January 21, 2015, the Supreme Court Second Division, Carpio, J., writing for the Court.
The case arose from an Information dated 27 August 2004 charging Gerardo Enumerable y De Villa (appellant) with violation of Section 5 of Republic Act No. 9165 for allegedly selling 9.88 grams of methamphetamine hydrochloride (shabu) contained in three plastic sachets on 27 May 2004 at the Petron Gasoline Station, B. Morada Ave., Lipa City. The prosecution’s theory was a buy-bust operation: a police asset posed as a buyer, used marked P500 bills and boodle money to simulate about P24,000, and, after the exchange, the asset and arresting officers recovered the marked money and three sachets placed in a black plastic box. The arresting officer, PO3 Edwalberto Villas, marked the specimens EMV 1 to EMV 3 and took custody of them; he later turned them over for laboratory examination.
At trial the prosecution presented PO3 Edwalberto Villas and Police Inspector Danilo Balmes; appellant waived presentation of defense evidence and pleaded not guilty. The Batangas Provincial Crime Laboratory indorsed the specimens to the Regional Crime Laboratory (Camp Vicente Lim/Calamba) — the prosecution’s papers indicate delivery activity between 3–4 June 2004, creating an apparent gap from the date of arrest (27 May 2004) to the date of receipt by the Regional Crime Laboratory (4 June 2004). Forensic Chemist Police Inspector Donna Villa P. Huelgas prepared Chemistry Report No. D-566-04, which tested positive for methamphetamine hydrochloride; appellant admitted the authenticity of the chemistry report at pre-trial but qualified that the specimens were not taken or bought from him.
The Regional Trial Court, Branch 12, Lipa City (Judge Danilo S. Sandoval) rendered a decision dated 15 February 2011 convicting appellant of illegal sale of dangerous drugs, imposing life imprisonment and a P500,000 fine, and ordering destruction of the seized shabu. The trial court denied appellant’s motion for leave to file a demurrer. On 31 January 2013 the Court of Appeals (CA-G.R. CR HC No. 04948; penned by Associate Justice Michael P. Elbinias, with Associate Justices Isaias P. Dicdican and Nina G. Antonio‑Valenzuela concurring) affirmed the trial court, finding that any lapses (such as delay in marking or in conducting physical inventory an...(Subscriber-Only)
Issues:
- Did the prosecution sufficiently establish the identity and integrity (unbroken chain of custody) of the confiscated illegal drug, the corpus delicti of the offense c...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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