Case Digest (G.R. No. 181040)
Facts:
People of the Philippines v. Raymond Fabian y Nicolas and Allan Macalong y Buccat, G.R. No. 181040, March 15, 2010, the Supreme Court First Division, Villarama, Jr., J., writing for the Court. The People of the Philippines (plaintiff-appellee) prosecuted accused-appellants Raymond Fabian y Nicolas (accused in Criminal Case No. 2004-2961-D-MK) and Allan Macalong y Buccat (accused in Criminal Case No. 2004-2962-D-MK) for violations of Sections 5 and 11, Article II of Republic Act No. 9165 (Comprehensive Dangerous Drugs Act of 2002).On August 16, 2004 in Marikina City a police anti-illegal drugs team conducted surveillance following a citizen tip. PO1 Roberto Muega, PO2 Christopher Anos (poseur-buyer), and other officers observed Fabian hand a small transparent plastic sachet containing a white crystalline substance to Macalong near an FX taxi. PO1 Muega introduced himself and arrested both men; the sachet was recovered from Macalong’s hand, marked “ABM-RM POSS 8/16/04,” and kept under PO1 Muega’s custody until submission to the PNP Crime Laboratory. Forensic Chemical Officer PO1 Jennifer G. Tantoy tested the specimen (Chemistry Report No. D-367-04) and found it positive for methamphetamine hydrochloride (shabu).
Both accused pleaded not guilty at arraignment on November 17, 2004 and raised defenses of denial and alleged frame-up; Fabian testified he had been seized by men in civilian clothes while cleaning the taxi, and Macalong claimed he was accosted while riding a tricycle and only met Fabian later at the precinct. After trial, the Regional Trial Court (RTC), Branch 192, Marikina City, in a May 29, 2006 decision convicted Fabian for delivery under Section 5 and Macalong for possession under Section 11(2)(3) of RA 9165, imposing life imprisonment and fines for Fabian and an indeterminate sentence of 12 years & 1 day to 13 years plus fine for Macalong.
The Court of Appeals (CA) in CA-G.R. CR.-H.C...(Pro-only)
Issues:
- Whether Raymond Fabian was proven guilty beyond reasonable doubt of violation of Section 5, Article II of R.A. 9165 for delivering 0.06 gram of shabu.
- Whether Allan Macalong was proven guilty beyond reasonable doubt of violation of Section 11, paragraph 2(3), Article II of R.A. 9165 for possess...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)