Case Digest (G.R. No. 256242)
Facts:
People of the Philippines v. Mark Anthony Paguinto y Waniwan, G.R. No. 256242, January 18, 2023, the Supreme Court Second Division, Lopez, M., J., writing for the Court.The case arose from two informations filed in the Regional Trial Court (RTC), Branch 156, Marikina City: Criminal Case No. 2014-4420-D-MK for illegal sale of dangerous drugs and Criminal Case No. 2014-4421-D-MK for illegal possession of dangerous drugs. The accused was charged with selling a plastic sachet containing 1.10 grams of methamphetamine hydrochloride to Police Officer 2 Ronel P. Agsawa (the poseur-buyer) and, upon arrest, having in his possession one larger sachet containing three smaller sachets of a white crystalline substance later tested positive for methamphetamine hydrochloride. The buy-bust operation, marking of seized items, inventories, photographs, and witnesses (including elected local officials and a media representative) were described at trial.
At trial, the prosecution presented PO2 Agsawa as the poseur-buyer and other police officers and the forensic examiner, Police Chief Inspector Margarita Libres, who conducted the laboratory examinations and later submitted the specimens to court. The accused denied the charges and testified to an alternative account: that armed men accosted and beat him and alleged that a police officer demanded money. His common-law wife corroborated parts of his story.
On May 9, 2017, the RTC convicted Mark Anthony of both offenses: (a) illegal sale under Section 5, Article II of Republic Act No. 9165 (RA 9165) and sentenced him to life imprisonment and a P500,000 fine; and (b) illegal possession under Section 11, Article II of RA 9165 and sentenced him to an indeterminate term of 12 years and 1 day to 14 years and a fine of P300,000, with the trial court ordering the penalties to be served simultaneously.
Mark Anthony appealed to the Court of Appeals in CA-G.R. CR-HC No. 09860, arguing mainly (1) the prosecution failed to present the confidential informant who introduced the poseur-buyer and (2) there was a break in the chain of custody because the forensic chemist purportedly did not recognize the name of PO2 Agsawa. The Office of the Solicitor General defended the convictions and the integrity of the chain of custody, citing the stamp markings and documentary entries showing delivery by PO2 Agsawa to PC/Insp. Libres.
On October 14, 2020, the Court of Appeals denied the appeal and affirmed the RTC’s conviction but modified the judgment by deleting the directive that the two penalties be served simultaneously. The People then sought furt...(Subscriber-Only)
Issues:
- Whether the non-presentation of the confidential informant at trial requires acquittal.
- Whether the prosecution established an unbroken *chain of custody* for the seized drugs.
- Whether the Information’s failure to allege the *quantity or weight* of the seized drugs vitiates the conviction or a...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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