G.R. No. 105376-77 - People vs. Martinez

PEOPLE OF THE PHILIPPINES, Plaintiff/Appellee, vs. ALEXANDER MARTINEZ alias ABELARDO MARTINEZ y MONTESOR, Accused/Appellant.
On November 22, 1989 accused-appellant was charged in two informations: violation of Section 4, Article II of Republic Act 6425 (Dangerous Drugs Act) in Criminal Case No. 9618; and violation of Section 1 of Presidential Decree No. 1866 (illegal possession of firearms) in Criminal Case No. 9626.

Criminal Case No. 9618 alleged that on or about November 6, 1989 in Zamboanga City accused sold to one Edgar Pelin one deck of methamphetamine hydrochloride ("shabu"). (Information quoted in record.)
Criminal Case No. 9626 alleged that on or about November 6, 1989 accused had in his possession one .38 caliber "paltik" revolver with Serial No. 50284 and eight rounds of live .38 ammunition without license. (Information quoted in record.)
Accused pleaded not guilty at arraignment. The parties agreed to a joint trial on the merits.

On October 27, 1989 NBI Agent Bienvenido Salvo received information that accused sold shabu at his residence at the Bureau of Air Transportation (BAT) Compound, Baliwasan Moret, Zamboanga City.
Agent Salvo directed confidential informer Edgar Pelin to purchase P200.00 worth of shabu. Pelin succeeded and the sample was sent to the NBI chemist in Cebu who determined it to be shabu.
Agent Salvo planned a buy-bust operation for November 6, 1989. He obtained a search warrant (Exhibit "C"). A raid party of four teams was formed. Pelin served as poseur-buyer. The search team was headed by Agent Salvo with Captain Isniraji Maruji and other NBI personnel.

The group arrived at the BAT Compound around 2:00 p.m. on November 6, 1989. Salvo allegedly gave Pelin P200 in marked money for the purchase.
Pelin knocked at accused's house, was admitted by a guard, gave the marked money to accused, and received a "deck" of shabu wrapped in aluminum foil (Exhibit "J", with submarkings Exhibits "J-1" to "J-2").
Pelin signaled; the search team entered. The NBI custodian marked the aluminum wrapper with the initials "AMM".
Agent Salvo presented a copy of the search warrant and the search team conducted a search of the premises.
Recovered during the search were drug paraphernalia, only P100.00 of the marked money, and a .38 caliber "paltik" revolver (Exhibit "F") with serial number 50248 containing five live ammunition, found inside a pillowcase in accused's bedroom. Three-page inventory (Exhibits "D" to "D-8") and photographs (Exhibits "E" to "E-6") were made; the inventory was signed by accused and a copy furnished him.
Pelin executed an affidavit (Exhibits "A" to "A-3"). Agent Salvo and Captain Maruji executed a joint affidavit (Exhibit "B"). The NBI custodian submitted the seized deck to NBI Chemist Cesar Cagalawan who performed a Marquis test in Zamboanga and a Thin Layer Chromatography at Cebu. Chemistry Report No. 89-DD-4411 (Exhibits "K" to "K-3") confirmed metamphetamine hydrochloride.

Defense witnesses included accused, his wife Dolores Cabatuan Martinez, Angelina Martinez, and Bonifacio Leyte.
Accused testified that on November 6, 1989 he was at home, fell asleep about 1:20 p.m., and was awakened by two persons kicking him whom he identified as Salvo and Pelin.
Accused denied selling shabu and denied owning the .38 revolver. He alleged he was forced to sign the inventory at the NBI under threat. Other defense witnesses corroborated generally his account.

The trial court found accused guilty beyond reasonable doubt of violation of Section 4, Article II of Republic Act 6425 (Criminal Case No. 9618) and of illegal possession of firearm under P.D. No. 1866 (Criminal Case No. 9626).
The trial court's dispositive: in Criminal Case No. 9618 accused was sentenced to life imprisonment and to pay a fine of Twenty Thousand Pesos (P20,000.00); in Criminal Case No. 9626 accused was sentenced to imprisonment from seventeen to twenty years and to pay costs. The trial court acquitted Dolores Cabatuan Martinez in Criminal Case No. 9618.

In Criminal Case No. 9618 accused argued failure of prosecution to prove beyond reasonable doubt: (a) the poseur-buyer did not identify Exhibit "J" as the shabu he purchased; (b) the marked money was excluded by the trial court and not identified by the poseur-buyer; ...(Subscriber-Only)

Whether the prosecution proved beyond reasonable doubt that accused sold the seized shabu to the poseur-buyer.
Whether the failure of the poseur-buyer to identify Exhibit "J" and the non-presentation or exclusion of marked money fatally undermined the prosecution's case.
Whether items seized under a search warrant issued in the name "Alexander Martinez" are inadmissible against accused who asserts his true name is "Abelardo Martinez".

Sufficiency of evidence in Criminal Case No. 9626 for illegal possession of firearm

Whether the prosecution proved beyond reasonable doubt that accused possessed the revolver and ammunition.
Whether variances in testimony concerning the revolver and ammunitions and the exclusion of certain exhibits (e.g., gray purse Exhibit "H-6") preclude conviction.
Whether the firearm and ammunitions, allegedly found in accused's room, might have been planted, n...(Subscriber-Only)