Case Digest (G.R. No. L-15633)
Facts:
On March 21, 2004, in Mandaue City, Alex Escaran y Tariman was charged in two Informations dated March 23, 2004 for illegal sale of shabu (two packets, total weight 0.06 gram) under Section 5, Article II of RA 9165, and illegal possession of shabu (four packets, combined weight 0.08 gram) under Section 11, Article II of RA 9165. At trial, the prosecution relied on a buy-bust operation where the two sold packets were marked “Alex-1” and “Alex-2,” and four additional packets recovered during frisking were marked “AET-1” to “AET-4,” with chemistry reports later yielding positive results for methylamphetamine hydrochloride.The RTC convicted Escaran, finding the elements of the offenses proven and that official duties were regularly performed, and imposed penalties including fines. The Court of Appeals affirmed with modification on the fines. Escaran appealed, insisting on acquittal due to evidentiary and custody-related lapses.
Issues:
- Whether the Court of Appeals erred in sustai
Case Digest (G.R. No. L-15633)
Facts:
- Overview of the appeal
- Accused-appellant Alex Escaran y Tariman (Escaran) filed an ordinary appeal assailing the Decision dated August 30, 2013 of the Court of Appeals, Twentieth Division, Cebu City (CA) in CA-G.R. CEB CR-HC No. 01275.
- The Court of Appeals decision affirmed with modification the Joint Judgment dated October 18, 2010 of the Regional Trial Court (RTC), Branch 28, 7th Judicial Region, Mandaue City in Criminal Case Nos. DU-11130 and DU-11131.
- The RTC found Escaran guilty beyond reasonable doubt of violations of Sections 5 and 11, Article II of Republic Act (RA) No. 9165.
- Escaran sought reversal of the CA’s ruling.
- Informations and charges filed
- Two separate Informations, both dated March 23, 2004, charged Escaran with illegal sale and illegal possession of dangerous drugs under Sections 5 and 11, Article II of RA 9165, respectively.
- Criminal Case No. DU-11130 (Section 5 – Illegal Sale): Escaran was alleged to have, on or about March 21, 2004 in Mandaue City and within the court’s jurisdiction, sold, delivered, and gave away two packets containing “shabu” (methylamphetamine hydrochloride) with a total weight of 0.06 gram, without authorization by law.
- Criminal Case No. DU-11131 (Section 11 – Illegal Possession): Escaran was alleged to have, on or about March 21, 2004 in Mandaue City and within the court’s jurisdiction, possessed, with unlawful intent and without authority of law, four heat-sealed transparent plastic packets of white crystalline substance weighing 0.08 gram combined, yielding positive laboratory results for methylamphetamine hydrochloride.
- Arraignment and pre-trial stipulations
- Upon arraignment, Escaran pleaded not guilty to both charges.
- During pre-trial, the court dispensed with the testimony of Police Senior Inspector, Forensic Chemical Officer Mutchit G. Salinas (PSI Salinas) after the parties stipulated as to:
- The complaining policemen were members of the Mandaue Police Office assigned to the Drug Enforcement Unit (DEU).
- Escaran was arrested on March 21, 2004 at about 9:20 in the evening at Ibabao, Mandaue City.
- The existence of Chemistry Reports D-523-2004 and D-552-2004 and PSI Salinas’s expertise.
- The Pre-Operation Report referred to March 21, 2004, 2000H–2200H (8:00 to 10:00 in the evening).
- Prosecution evidence: the buy-bust operation
- The prosecution presented PO1 Roque Verano, Jr. (PO1 Verano) and PO1 Bimon Montebon (PO1 Montebon).
- The Court of Appeals summarized their testimonies as follows:
- Around 7:00 in the evening of March 21, 2004, the confidential agent of the DEU made a phone call to Police Chief Inspector Juanito Enguerra (PCI Enguerra) informing him that Escaran was selling shabu at Sitio Sapa-Sapa, Ibabao, Mandaue City.
- PCI Enguerra conducted surveillance with PO1 Montebon and PO1 Verano with their informant; they ascertained the accuracy of the information.
- After their return to the police station, PCI Enguerra briefed the confidential agent, PO1 Montebon, PO1 Verano, and SPO4 Tumakay; the team planned a buy-bust operation.
- PO1 Verano was designated as the poseur-buyer and was given two pre-marked P100.00 bills furnished by SPO1 Enriquez, who signed the upper left portion of the bills.
- Around 9:00 in the evening, on board Mobile 9, the team proceeded to the designated area with the confidential agent.
- About twenty minutes after arrival, Escaran met them, asked if PO1 Verano would be interested to buy shabu, and PO1 Verano answered affirmatively.
- PO1 Verano told Escaran he would buy worth P200.00; Escaran handed PO1 Verano two packs of shabu.
- After that, PO1 Verano and PO1 Montebon introduced themselves as policemen and arrested Escaran.
- Escaran was appraised of constitutional rights; when frisked by PO1 Montebon, an additional four packs of shabu were recovered from the right front pocket of Escaran’s trousers.
- At the station, the two packs from the sale were marked “Alex-1” and “Alex-2.”
- The four packs obtained from the search were marked “AET-1” to “AET-4.”
- The contraband were brought to the PNP Crime Laboratory for examination; PSI Salinas’s Chemistry Reports yielded positive results for shabu.
- Defense evidence: denial and narration of alleged planting
- Escaran denied the charges and narrated events:
- At around 5:00 in the afternoon of March 21, 2004, co-worker Arman told him to wait near his house so they could go together to work.
- They were to report at 9:30 in the evening at the back portion of Sitio Sapa-Sapa.
- After waiting, he saw four persons approach and ask where they could buy shabu.
- Escaran replied that he did not sell shabu and directed them away; he watched them head to a store.
- One returned and asked him to accompany them because they were unfamiliar with the place; Escaran declined.
- Another person returned and again Escaran declined; the person became infuriated and retorted: “Why will you not accompany us? We are just requesting you to accompany us.”
- Escaran recognized Montebon, who introduced himself as a policeman and told Escaran to accompany them to where they could buy shabu; Escaran again refused because he was waiting for companions.
- Montebon warned that Escaran might regret it.
- The four people then ordered Escaran to stand up; when Escaran asked why, they retorted he was hard-headed.
- Escaran claimed one person drew a gun, aimed at him, and said: “If you only had accompanied us, this [would] not have happened to you.”
- Escaran was dragged and ordered to board the vehicle.
- At the command office, he was asked to point to the house of a certain Dennis; he denied knowing any Dennis.
- Escaran stated he w...(Subscriber-Only)
Issues:
- Whether the CA erred in sustaining Escaran’s conviction for violation of Sections 5 and 11, Artic...(Subscriber-Only)
Ruling:
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Ratio:
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