Case Digest (G.R. No. L-62243)
Facts:
In People of the Philippines v. Zoraida Mariano a.k.a. Nora (G.R. No. 247522, February 28, 2022), the accused-appellant, Zoraida Mariano (hereafter Nora), was charged with Illegal Sale (Section 5) and Illegal Possession (Section 11) of Dangerous Drugs under Republic Act No. 9165. On August 6, 2011, at around 11:30 a.m., a confidential informant notified Police Officer 3 Lendro Tutor of Nora’s alleged drug activities in front of NCCC Supermarket, Magsaysay Avenue, Davao City. A buy-bust team was formed, and Tutor, acting as poseur buyer, was given ₱1,000.00 marked money. Upon the informant’s signal, Tutor allegedly transacted with Nora and a co-accused, exchanging the marked bill for a transparent sachet of suspected shabu. The backup team immediately arrested Nora, recovered from her person one large sachet (1.0923 g) and forty smaller sachets (3.5437 g) of shabu, and seized ₱10,150.00 cash. An inventory was conducted on August 8, 2011, and the specimens were delivered to the PNCase Digest (G.R. No. L-62243)
Facts:
- Operative Facts
- On August 6, 2011, a confidential informant (CI) alerted PO3 Lendro Tutor of Nora’s alleged sale of shabu in front of NCCC Supermarket, Davao City.
- A buy-bust team was formed: PO3 Tutor as poseur-buyer with a marked ₱1,000 bill; PO2 Arubio and PO1 Acierto as back-up.
- The CI identified Nora; Tutor signaled after the marked money-sachet exchange; Nora and co-accused were arrested.
- Search of Nora recovered one large sachet (1.0923 g) and forty smaller sachets (3.5437 g total), plus ₱10,150 in cash.
- Inventory, Laboratory Examination and Procedural History
- Inventory and photographs conducted on August 8, 2011 in presence of Nora, a media representative, Barangay and DOJ officials.
- Seized items submitted to PNP Crime Lab; PSI Fabian’s Chemistry Report No. D-128-11 confirmed methamphetamine hydrochloride.
- Two Informations filed: Criminal Case No. 70,390-11 (Illegal Sale of 0.1569 g) and No. 70,389-11 (Illegal Possession of 4.6360 g). Nora pleaded not guilty and testified to an alibi; her drug test was negative.
- RTC (March 21, 2017) convicted Nora of both charges; CA (August 16, 2018) affirmed with penalty modification. Nora appealed to the Supreme Court.
Issues:
- Whether the prosecution proved the elements of Illegal Sale of Dangerous Drugs beyond reasonable doubt.
- Whether the prosecution proved the elements of Illegal Possession of Dangerous Drugs beyond reasonable doubt.
- Whether the chain of custody and the requirements of Section 21, Article II, RA 9165 (and its IRR) were observed to preserve the identity and integrity of the seized drugs.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)