Title
Source: Supreme Court
People vs. Jao y Calonia
Case
G.R. No. 225634
Decision Date
Jun 7, 2017
Accused-appellants charged under RA 9165 for illegal delivery and possession of shabu during a buy-bust operation; Jao convicted, Catigtig’s case dismissed due to death pending appeal.

Case Digest (G.R. No. 225634)
Expanded Legal Reasoning Model

Facts:

  • Background of the Case
    • Accused-appellants: Allan Jao y Calonia (Jao) and Rogelio Catigtig y Cobio (Catigtig).
    • Charges: Violations of Sections 5 and 11, Article II of Republic Act No. 9165 (Comprehensive Dangerous Drugs Act of 2002), which penalize illegal delivery and illegal possession of dangerous drugs.
  • The Charged Criminal Cases
    • CRIMINAL CASE NO. 19189
      • Charge against Jao for illegal delivery of a plastic sachet containing 0.01 gram of methamphetamine hydrochloride (“shabu”) at about 6:00 o’clock in the evening on June 2, 2008 at Barangay Maslog, Sibulan, Negros Oriental.
      • The delivery was made to an informant and occurred “in flagrante delicto” during a planned law enforcement buy-bust operation.
    • CRIMINAL CASE NO. 19190
      • Charge against Jao for illegal possession of six plastic sachets containing shabu with a total weight of 0.06 gram, discovered upon a search incidental to his arrest.
      • The evidence was obtained during the same operation as in Case No. 19189.
    • CRIMINAL CASE NO. 19187
      • Charge against Catigtig for illegal delivery of ten plastic sachets containing shabu at about 8:00 o’clock in the evening on June 2, 2008.
      • The delivery occurred during a subsequent buy-bust operation at the same location.
    • CRIMINAL CASE NO. 19188
      • Charge against Catigtig for illegal possession of one plastic sachet containing shabu, along with three hand-rolled tinfoil and two empty transparent sachets, discovered after his arrest.
      • These items were seized during the incident in Barangay Maslog, Sibulan.
  • Details of the Buy-Bust Operation
    • Planning and Execution
      • The operation was initiated after an informant notified the police that Jao was selling shabu.
      • Four police officers checked in at Room 6 of the Four Queens Motel, Barangay Maslog, Sibulan, around 5:45 in the afternoon.
      • The informant, acting as a poseur-buyer, contacted Jao to order shabu worth P800.00.
    • Arrest and Seizure Process
      • Jao delivered a plastic sachet containing shabu to the informant, which triggered the pre-arranged signal for the police to proceed with the arrest.
      • Upon arrest, a search of Jao led to the discovery of six additional plastic sachets containing shabu.
      • Special Investigator Marlon Manzanaris took custody of the seized items and marked them before transferring them, following the proper chain of custody to the NBI and subsequently to the Forensic Chemist for qualitative examination.
      • A second portion of the operation involved Catigtig, who was ordered via text message by Jao to deliver ten plastic sachets of shabu later that evening.
      • At around 7:30 PM, police members re-entered the motel room, confirmed the transaction with Catigtig, and arrested him, additionally discovering another sachet of shabu on him.
  • Testimonies and Defense Claims
    • Prosecution’s Account
      • Detailed the orchestration of the buy-bust operation.
      • Emphasized the adherence to procedural protocols, including the chain of custody of the seized items, conducted by SI Manzanaris, SPO2 Germodo, and other law enforcement personnel.
    • Accused-Appellants’ Defense
      • Jao denied involvement by alleging that he was at work and only became involved after being coerced by armed individuals.
      • Jao also contended that he did not originate the call to Catigtig, as he claimed one of the officers was responsible for contacting him.
      • Catigtig similarly denied the charges, stating that he only joined the meeting at the motel upon an invitation from Jao to meet a woman and that he was victimized by police conduct, which included being forcibly dragged into the room.
  • Trial Court and Appellate Proceedings
    • RTC Judgment (Joint Judgment dated August 25, 2011)
      • Found both accused-appellants guilty beyond reasonable doubt of their respective crimes.
      • Sentenced Jao to life imprisonment plus a fine of P500,000.00 (for illegal delivery) and imprisonment ranging from 12 years and 1 day to 14 years plus a fine of P400,000.00 (for illegal possession).
      • Upheld the validity of the arrest, search, and the chain of custody of the seized items.
    • Court of Appeals Decision (October 28, 2015)
      • Affirmed the RTC’s decision in toto for both accused-appellants.
      • Reiterated that the police conducted legitimate buy-bust operations and subsequent searches were valid and did not disrupt the chain of custody.
      • Noted that subsequent developments included the death of Catigtig (as confirmed by a letter from the Bureau of Corrections dated February 9, 2016).

Issues:

  • Determination of Guilt Beyond Reasonable Doubt
    • Whether the evidence sufficiently proved the elements of illegal delivery against Jao, specifically, that he knowingly delivered a dangerous drug not authorized by law.
    • Whether the evidence established Jao’s illegal possession of dangerous drugs, including compliance with the chain of custody requirements.
  • Applicability of the Death Doctrine
    • Whether the death of accused-appellant Catigtig, occurring while his appeal was pending, warrants the dismissal and termination of criminal prosecution against him.
    • The extent to which Catigtig’s death affects both his criminal and any potential civil liabilities arising from the conviction.
  • Integrity of the Chain of Custody
    • Whether the chain of custody maintained from the point of seizure to the forensic examination was sufficiently preserved to ensure the evidentiary value of the seized drugs.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)
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