Case Digest (G.R. No. 114261) Core Legal Reasoning Model
Facts:
The case revolves around Berly Fabro y Azucena (Appellant) and her common-law husband, Donald Pilay y Calag, alongside their co-accused Irene Martin. The charges stem from an event that occurred on April 7, 1993, in Baguio City, Philippines, where the appellant was accused of selling one kilogram of dried marijuana leaves without the authority of law, in violation of Republic Act No. 6425, as amended. The prosecution's case unfolded after a report was made by concerned individuals, Gloria and Emma Borce, to Chief Inspector Allyn Evasco, indicating that a couple living in Quirino Hill was involved in the sale of marijuana. Acting on this tip, Chief Inspector Evasco organized a buy-bust operation that included several police officers designated to apprehend the suspects. During the operation, poseur-buyer PO2 Ellonito Apduhan approached the appellant, who negotiated the sale price of the marijuana. After the transaction, the buy-bust team moved in, apprehending the appellant
Case Digest (G.R. No. 114261) Expanded Legal Reasoning Model
Facts:
1. Background and Charge:
- Appellant Berly Fabro y Azucena, along with her common-law husband Donald Pilay y Calag and Irene Martin, was charged with violating Section 21(b) of Article IV, in relation to Section 4 of Article II of Republic Act No. 6425 (Dangerous Drugs Act of 1972), as amended. The charge stemmed from an alleged sale of one (1) kilo of dried marijuana leaves to a poseur-buyer, PO2 Ellonito Apduhan, on April 7, 1993, in Baguio City.
2. Prosecution's Version:
- On April 7, 1993, two informants, Gloria and Emma Borce, reported to Chief Inspector Allyn Evasco that a couple in Quirino Hill, Baguio City, was selling marijuana. A buy-bust operation was organized, with SPO2 Ellonito Apduhan as the poseur-buyer. The team proceeded to Quirino Hill, where Apduhan, accompanied by the informants, met appellant. Appellant negotiated the sale of one kilo of marijuana for P600.00. After agreeing on the price, appellant fetched Irene Martin, who handed over the marijuana to Apduhan. Upon confirming the substance was marijuana, Apduhan signaled the arrest team. Irene Martin fled, but appellant and Donald Pilay were arrested. The marijuana was later confirmed to be positive for marijuana by forensic chemists.
3. Defense's Version:
- Appellant denied selling marijuana, claiming that Gloria and Emma Borce were the ones carrying the marijuana when the police arrived. She testified that she was cooking at home when the informants approached her, asking for her services as a beautician. She claimed that the police arrested her without justification. Donald Pilay also denied involvement, stating he was drinking with neighbors when he was arrested.
4. Trial Court Decision:
- The trial court found appellant guilty beyond reasonable doubt of violating Section 4 of Article II of Republic Act No. 6425 (sale and/or delivery of marijuana) and sentenced her to life imprisonment and a fine of P20,000.00. Donald Pilay was acquitted due to insufficient evidence, while Irene Martin remained at large.
Issues:
- Whether the prosecution proved appellant's guilt beyond reasonable doubt.
- Whether the weight of the confiscated marijuana was accurately recorded.
- Whether the failure to present the marked money used in the buy-bust operation affected the prosecution's case.
- Whether appellant's contention that Irene Martin was the real culprit absolves her of liability.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)