Case Digest (G.R. No. 218805)
Facts:
In People of the Philippines v. Alvin Fatallo y Alecarte, G.R. No. 218805, decided November 7, 2018, the accused-appellant Alvin Fatallo was charged under Sections 5 and 15, Article II of R.A. 9165 for alleged sale and use of methamphetamine hydrochloride (“shabu”). On March 1, 2004 at around 9:00 p.m., a Butuan City police buy-bust team, acting on a confidential informant’s tip, purportedly witnessed Fatallo transact two sachets of shabu in exchange for eight marked P100 bills. After signaling the consummation of the sale, Fatallo was cornered upstairs in his house and arrested; the marked money was recovered from his pocket and the seized drugs were turned over for booking, inventory, photographing, and laboratory examination. Fatallo denied unlawful sale and illegal arrest, contending that no barangay official, media or DOJ representative was present at the inventory. The RTC of Butuan City found him guilty of illegal sale (Crim. Case No. 10471) and illegal use (Crim. Case NoCase Digest (G.R. No. 218805)
Facts:
- Parties and Charges
- Plaintiff-Appellee: People of the Philippines
- Accused-Appellant: Alvin Fatallo y Alecarte a.k.a. “Alvin Patallo y Alecarte”
- Informations (March 2, 2004)
- Criminal Case No. 10471 – Illegal sale of 0.0788 g methamphetamine hydrochloride (“shabu”) to a poseur-buyer for ₱800 marked money (Section 5, Article II, R.A. 9165)
- Criminal Case No. 10473 – Illegal use of shabu, confirmed positive after laboratory test (Section 15, Article II, R.A. 9165)
- Buy-Bust Operation (March 1, 2004)
- Operatives and confidential informant formed a buy-bust team under Police Inspector Excelso Lawzaga, Jr.
- Meeting place: Jean’s Store, T. Calo, Butuan City, at about 9:00 P.M.
- Observations by SPO1 Delos Santos and SPO1 Avila:
- Poseur-buyer and Fatallo exchanged items across well-lit street
- Poseur-buyer signaled consummation by removing his cap; then disappeared into darkness
- Arrest and seizure:
- Fatallo fled upstairs; was cornered, Mirandized, and arrested
- Marked money (8×P100 bills) seized and matched to pre-marked copies
- Two sachets of shabu recovered by SPO2 Fulveo Joloyohoy, marked A-1 and A-2, photographed, and inventoried at team office
- Specimens sent to crime laboratory; subsequent confirmatory tests
- Defense Version
- Denial of sale/use: claimed a warrantless raid at 7:00 P.M. by armed men
- Alleged absence of barangay officials/witnesses; confiscation of personal wallet (₱4,500)
- No marked money or shabu shown; corroborated by sister Elvie Fatallo Poson
- Procedural History
- RTC, Branch 4, Butuan City (March 1, 2012): convicted Fatallo of Sections 5 and 15, R.A. 9165; sentenced to life imprisonment plus ₱500,000 fine and compulsory rehabilitation
- Court of Appeals (April 30, 2015): affirmed RTC decision; held non-presentation of poseur-buyer not fatal; deviations from Section 21 were minor; chain of custody intact
- Supreme Court appeal (G.R. No. 218805; November 7, 2018): for review of compliance with Section 21 and chain of custody
Issues:
- Whether the buy-bust team complied with the mandatory requirements of Section 21, Article II of R.A. 9165 (inventory, photographing, presence of three witnesses immediately after seizure).
- Whether the chain of custody of the seized drugs was established without breaks.
- Whether the results of Fatallo’s drug test are admissible, given the legality of his arrest.
- Whether the presumption of regularity in official duties can overcome the presumption of innocence given the procedural lapses.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)