Case Digest (G.R. No. 48143)
Facts:
People of the Philippines v. Oscar D. Fabian, G.R. No. 83329, December 10, 1991, the Supreme Court First Division, Feliciano, J., writing for the Court. The plaintiff-appellee is the People of the Philippines; the accused-appellant is Oscar D. Fabian (alias "Boy Pena"). Fabian was charged with selling and delivering methylamphetamine crystals ("shabu") in violation of Article III, Section 15 of Republic Act No. 6425, as amended.On 11 March 1987 an unnamed informant told P/Pfc. Jose S. Basco of the 13th Narcotics Regional Unit that Fabian was selling shabu in Barangay Pulang-Lupa, Las Piñas. A "buy-bust" team composed of P/Pfc. Basco (team leader), P/Pfc. Lolita O. Bugarin and Patrolman Rolando Geronimo (poseur-buyer) executed the operation at about 4:30 p.m. Geronimo, introduced to Fabian by the informant as a prospective buyer, asked whether Fabian had shabu; Fabian allegedly produced an aluminum-foil packet and tossed it to Geronimo. Geronimo examined the packet, gave the prearranged signal, and officers closed in and searched Fabian, recovering a second tin-foil packet from his right-front pants pocket. Basco took custody of both packets.
Fabian was informed of his constitutional rights and asked to sign an on-the-spot receipt; he signed. He was taken to the 13th Narcotics Command Headquarters at Camp Crame and referred to Patrolman Wenceslao Leano Jr. for investigation. At 12:45 a.m. on 12 March 1987 Leano took custody of the two foil packets (taped to a sheet of bond paper as Exhibit "B"), the signed receipt (Exhibit "E"), the joint affidavit of arrest (Exhibit "F"), and Fabian’s person; a request for chemical analysis was sent to the Philippine Constabulary Crime Laboratory the same morning. Forensic Chemist Lina C. Sarmiento later reported the specimens as white crystals, giving weights of 28.9 mg and 2.1 mg for the two exhibits.
At trial Fabian testified to a different account: that officers (including Geronimo) returned to his house, forced entry, ransacked the premises, seized personal items, and arrested him; he alleged extortion (a demand for P4,000) and later transfer to Las Piñas jail. Fabian also pointed to the discrepancy between the lab weights and the "approximate 1/8 gram" description (125 mg) noted in evidence to suggest possible substitution of the seized packets. The trial court found Patrolman Geronimo’s testimony credible, convicted Fabian on 14 March 19...(Subscriber-Only)
Issues:
- Did the prosecution sufficiently authenticate the seized tin-foil packets (chain of custody) so as to admit them and support conviction?
- Was the prosecution’s evidence sufficient to prove appellant’s guilt beyond reasonable doubt for violation of Article III, Section 15 of R.A. No. 6425?
- Was Exhibit "B" (the sheet mounting the foil packets and bearing appellant’s signature and descriptions) admissible despite the contention that appellant was not advised of his constitutional rights before signing?
- Did the trial court err in failing...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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