Case Digest (G.R. No. 241034)
Facts:
On November 22, 1989, Alexander Martinez, also known as Abelardo Martinez y Montesor, was charged in the Regional Trial Court of Zamboanga City with two criminal cases: (1) violation of Section 4, Article II of Republic Act No. 6425, which is known as the Dangerous Drugs Act (Criminal Case No. 9618), and (2) violation of Section 1 of Presidential Decree No. 1866 for illegal possession of firearms (Criminal Case No. 9626). The information for Criminal Case No. 9618 alleged that on or around November 6, 1989, in Zamboanga City, Martinez unlawfully sold methamphetamine hydrochloride (commonly known as “shabu”) to one Edgar Pelin y Fernandez, who posed as a buyer, without any legal authorization. In the second case, he was accused of unlawfully possessing a .38 caliber revolver and eight rounds of live ammunition without proper licenses or permits. Martinez, represented by counsel, pleaded not guilty to both charges. The two cases were jointly tried, revealing that the National Bur
Case Digest (G.R. No. 241034)
Facts:
- Overview of Charges and Proceedings
- The accused, Alexander Martinez, alias Abelardo Martinez y Montesor, was charged on November 22, 1989.
- Two separate offenses were involved:
- Violation of Section 4, Article II of Republic Act 6425 (Dangerous Drugs Act) for allegedly selling shabu (metamphetamine hydrochloride).
- Violation of Section 1 of Presidential Decree No. 1866 for illegal possession of a firearm.
- The cases were filed as Criminal Case No. 9618 (drug charge) and Criminal Case No. 9626 (firearm possession).
- Operation and Transaction Details
- Preparatory Developments
- On October 27, 1989, after receiving information of the accused’s engagement in drug selling at his residence within the Bureau of Air Transportation (BAT) Compound, NBI Agent Bienvenido Salvo directed confidential informant Edgar Pelin to conduct a test purchase.
- Pelin purchased shabu for P200.00 from the accused, with the substance subsequently sent for laboratory testing.
- The "Buy-Bust" Operation on November 6, 1989
- Following the initial transaction, a coordinated "buy-bust" operation was planned with the assistance of the Zamboanga City Police.
- The operation involved four separate teams. One search team, headed by Agent Salvo, executed the purchase and later secured the premises.
- Edgar Pelin, acting as the poseur-buyer, reaffirmed his role by entering the accused’s house, handing over the money, and receiving a “deck” of shabu wrapped in aluminum foil as evidence.
- During the operation, the search team, after presenting a copy of the search warrant, recovered various evidentiary items, including drug paraphernalia and, notably, a .38 caliber “paltik” revolver found in the accused’s bedroom along with live rounds.
- Laboratory Evidence and Forensic Findings
- The seized drug specimen was sent immediately for analysis.
- NBI Chemist Cesar Cagalawan conducted a preliminary examination (using the Marquis Test) and a Thin Layer Chromatography in Cebu, conclusively determining the substance to be metamphetamine hydrochloride (shabu).
- The findings were documented in Chemistry Report No. 89-DD-4411 and labeled as Exhibits “K” to “K-3.”
- Testimonies and Conflicting Versions
- Prosecution’s Account
- Edgar Pelin testified that he recognized the accused as the person who handed him the shabu after receiving P200.00.
- The testimonies of Agent Salvo and Captain Isniraji Maruji corroborated the procedural details of the buy-bust operation, including the issuance of a search warrant.
- Additional law enforcement witnesses verified the immediate submission of the drug specimen to the NBI chemist and the seizure of the firearm incident to a valid search.
- Defense’s Account
- The accused, along with witnesses including his wife Dolores Martinez, contended that on November 6, 1989, he was at home watching television and was awoken by law enforcement.
- He denied selling shabu to Pelin and claimed the firearm was never in his possession.
- The defense also alleged that he was forced to sign the inventory under duress at the NBI Office, further contesting the identification of evidentiary items.
- Discrepancies Noted
- Questions arose regarding the identification of the marked money used to facilitate the buy-bust transaction, with only a partial amount (P100.00) recovered.
- Variances were noted between the firearm and ammunition reportedly found by Captain Maruji and those presented during trial.
- The accused’s claim regarding his proper name—asserting his true name is Abelardo Martinez rather than Alexander Martinez as stated in the search warrant—was also advanced by the defense.
- Trial Court’s Decision
- In Criminal Case No. 9618 (drug case), the accused was found guilty beyond reasonable doubt of selling one deck of shabu.
- The initial sentence was life imprisonment, with a fine of P20,000.00 imposed.
- In Criminal Case No. 9626 (firearm case), the accused was convicted of illegal possession of a firearm, with an imprisonment sentence ranging from 17 to 20 years.
- The court acquitted Dolores Cabatuan Martinez in the drug case due to insufficiency of evidence against her.
- Appellant’s Assignment of Errors on Appeal
- The accused contended that:
- The prosecution failed to prove the sale of shabu beyond reasonable doubt because the evidence linking the drug and the use of marked money was defective.
- The evidence related to the firearm and ammunition was tainted by inconsistencies concerning its presentation and description.
- The discrepancy in the accused’s name (Alexander Martinez versus Abelardo Martinez) rendered the evidence seized by the search warrant inadmissible.
- The appellate arguments focused on alleged failures in the prosecution’s presentation and the supposed procedural irregularities.
Issues:
- Whether the prosecution failed to demonstrate beyond reasonable doubt that the accused sold shabu.
- Whether the evidence presented—including the transaction details from Edgar Pelin’s testimony and the laboratory confirmation—was sufficient to establish the sale of shabu.
- Whether the alleged shortcomings in identifying the marked money impacted the establishment of the drug sale.
- Whether the prosecution’s evidence adequately proved the illegal possession of a firearm by the accused.
- Whether the discrepancies in the description and actual presentation of the firearm and ammunition affected the integrity of the prosecution’s case.
- Whether the recovery of the firearm during a lawful search search and seizure incident sufficed for conviction.
- Whether the discrepancy in the accused’s name (being recorded as Alexander Martinez in the search warrant versus his claim of being Abelardo Martinez) affected due process and the admissibility of the seized evidence.
- Whether the misidentification or variance in names undermined the positive identification provided by the poseur-buyer and other witnesses.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)