Case Digest (G.R. No. 247522)
Facts:
People of the Philippines v. Zoraida Mariano a.k.a. Nora, G.R. No. 247522, February 28, 2022, Supreme Court Second Division, Hernando, J., writing for the Court (with Perlas‑Bernabe, S.A.J., Zalameda, Rosario, and Marquez, JJ., concurring).The prosecution charged Zoraida Mariano (Nora) with Illegal Sale and Illegal Possession of Dangerous Drugs under Sections 5 and 11, Article II of Republic Act No. 9165 based on a buy‑bust operation on August 6, 2011. A confidential informant (CI) alerted Police Officer (PO3) Lendro Tutor of suspected drug activity in front of NCCC Supermarket, Davao City. A buy‑bust team was formed with PO3 Tutor as the poseur‑buyer; he was given a marked P1,000 bill. A Certificate of Coordination was prepared prior to the operation.
According to the prosecution, the CI identified Nora and a co‑accused; the CI introduced PO3 Tutor as the buyer; after payment of the marked money the co‑accused delivered an elongated transparent sachet, and PO3 Tutor signaled the back‑up team. On arrest and body search, PO3 Tutor purportedly recovered from Nora one big sachet (1.0923 g), forty elongated sachets (3.5437 g), and cash P10,150.00. The seized items were placed in evidence pouches, marked at the police station, inventoried on August 8, 2011 before witnesses (including a DOJ representative and a media person), and submitted to the PNP Crime Laboratory; Forensic Chemist PSI April Fabian tested the specimens positive for methamphetamine hydrochloride (Chemistry Report No. D‑128‑11). Two Informations were filed: Criminal Case No. 70,390‑11 (Illegal Sale — one sachet, 0.1569 g) and Criminal Case No. 70,389‑11 (Illegal Possession — total 4.6360 g).
Nora pleaded not guilty and testified she had been shopping and was unlawfully arrested; she denied possession and claimed a negative drug test two days after arrest. The Regional Trial Court (RTC), Branch 13, Davao City, found Nora guilty in its March 21, 2017 decision, upholding the buy‑bust operation and finding the chain of custody sufficiently established despite the delay in inventory; it sentenced her accordingly and ordered disposition of the drugs per law. Nora appealed.
The Court of Appeals ...(Subscriber-Only)
Issues:
- Did the prosecution prove beyond reasonable doubt the elements of Illegal Sale and Illegal Possession of dangerous drugs alleged against Nora?
- Did the prosecution establish an unbroken chain of custody and compliance with Section 21 of R.A. 9165 (and its IRR) so as to preserve the identity and i...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
- (Subscriber-Only)