Case Digest (G.R. No. 218402)
Facts:
The case involved PEOPLE OF THE PHILIPPINES as Plaintiff-Appellee and RAMIL GALICIA Y CHAVEZ as Accused-Appellant, arrested in the Mapayapa Compound on February 10, 2006 and charged under Republic Act No. 9165 with maintenance of a drug den (Section 6), possession of dangerous drugs (Section 11), possession of paraphernalia (Section 12), and use of dangerous drugs (Section 15). The RTC of Pasig City convicted appellant on all counts on December 19, 2007; the Court of Appeals affirmed on March 22, 2013; appellant appealed to the Supreme Court (G.R. No. 218402, February 14, 2018).
Issues:
- Was the prosecution able to prove beyond reasonable doubt that appellant maintained a drug den in violation of Section 6, Article II, RA 9165?
- Did Section 15, Article II, RA 9165 on use of dangerous drugs apply independently where the accused was found in possession of drugs under Section 11?
- Did the prosecution establish appellant’s illegal possession of dangerous drugs and drug paraphernalia and preserve the evidentiary integrity of the seized items?
Ruling:
The appeal was partly meritorious. The Supreme Court ACQUITTED appellant of violation of Section 6, Article II, RA 9165 for insufficiency of evidence and DISMISSED the charge under Section 15, Article II, RA 9165. The Court AFFIRMED appellant’s convictions for illegal possession of dangerous drugs under Section 11 and possession of paraphernalia under Section 12 as upheld by the CA, with the CA decision otherwise affirmed as modified.
Ratio:
The Court found that the prosecution did not prove that Target No. 8 was a place where dangerous drugs were sold or used, a necessary element of Section 6, and relied on items (driver’s license, photograph) not admitted in evidence; conjecture cannot substitute proof beyond reasonable doubt and the presumption of innocence thus prevailed. The Court held that Section 15 is inapplicable where the accused is found possessing the quantity of drugs covered by Section 11, so the use charge was absorbed by the possession charge. The Court also found an unbroken chain of custody for the seized sachets and paraphernalia, the items tested positive for methamphetamine hydrochloride, and the arresting officers’ testimony sufficiently identified and accounted for the seized items consistent with People v. Padua.
Doctrine:
- The prosecution must prove both that the place is a *den, dive or resort* and that the accused maintains it to convict under Section 6, RA 9165.
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