Case Digest (G.R. No. 192183)
Facts:
This case involves accused-appellant Donato C. Hernandez who was charged with Illegal Sale and Illegal Possession of Dangerous Drugs under Sections 5 and 11, Article II of Republic Act No. 9165 (Dangerous Drugs Act of 2002). The charges stemmed from an incident on September 16, 2017, in Barangay Turbina, Calamba City, Laguna, where Donato allegedly sold approximately 0.12 gram of methamphetamine hydrochloride ("shabu") to a poseur-buyer and was found to be in possession of about 11.69 grams of the same illegal substance.
The prosecution's case proceeded after a buy-bust operation initiated from a tip by a confidential informant. Police Officer 1 Jhon Kevin P. Villarino acted as the poseur-buyer during the operation, with Police Officer 2 Ken Fereliz Elauria as his back-up. The marked P500 buy-bust money was handed to Donato, who invited the police inside his house and sold him a sachet of shabu. Upon arrest, a black pouch containing four more sachets of shabu was
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Case Digest (G.R. No. 192183)
Facts:
- Charges and Arraignment
- Accused-appellant Donato C. Hernandez y Cedron (Donato) was charged with Illegal Sale and Illegal Possession of Dangerous Drugs under Sections 5 and 11, Article II of RA 9165 (Dangerous Drugs Act of 2002) in two Informations dated September 19, 2017.
- The charges stemmed from a buy-bust operation conducted on September 16, 2017, in Barangay Turbina, Calamba City, Laguna. Donato allegedly sold approximately 0.12 gram of methamphetamine hydrochloride ("shabu") and was found in possession of 11.69 grams of the same substance.
- Donato pleaded not guilty during arraignment.
- Prosecution's Version
- The police, led by PO1 Jhon Kevin P. Villarino, formed a buy-bust team after receiving information from a confidential informant about Donato's involvement in selling drugs.
- PO1 Villarino acted as the poseur-buyer, preparing marked money for the transaction, and coordinated with the Philippine Drug Enforcement Agency.
- During the buy-bust operation, Donato sold one heat-sealed sachet of suspected shabu to PO1 Villarino inside his house. Upon arrest, four additional sachets were found in a black pouch on the table.
- An inventory and marking of the seized items were immediately done in the presence of a media representative and barangay chairman.
- The seized drugs and evidence were turned over to the crime laboratory. The forensic chemist, PCI Donna Villa P. Huelgas, tested the substances and confirmed they were methamphetamine hydrochloride, as stipulated in court.
- Defense's Version
- Donato denied the charges, claiming the police framed him. He stated that armed men, identifying as police officers, barged into his house, searched his belongings, and planted the drugs in his possession.
- He alleged that the drugs were planted and that he had no knowledge of them.
- Judgments Below
- The Regional Trial Court (RTC), Branch 36, Calamba City, Laguna, found Donato guilty beyond reasonable doubt of illegal sale and possession of dangerous drugs, sentencing him to life imprisonment and a fine of Php500,000.00 for each case.
- The Court of Appeals (CA), in its September 30, 2020 Decision, affirmed the RTC's judgment.
Issues:
- Whether or not the prosecution proved Donato’s guilt beyond reasonable doubt for violations of Sections 5 and 11, Article II of RA 9165.
- Whether the chain of custody of the seized drugs was properly established and preserved.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)