Case Digest (G.R. No. 233480)
Facts:
People of the Philippines v. Melanie B. Mercader, G.R. No. 233480, June 20, 2018, the Supreme Court Second Division, Perlas‑Bernabe, J., writing for the Court. The plaintiff‑appellee was the People of the Philippines; the accused‑appellant was Melanie B. Mercader.On September 8, 2003 two Informations were filed in the Regional Trial Court (RTC) charging Mercader with Illegal Sale (Section 5, Article II, RA 9165) and Illegal Possession (Section 11, Article II, RA 9165) of methamphetamine hydrochloride ("shabu"). The prosecution alleged a buy‑bust operation: a confidential informant introduced PO1 Christopher Anos as a buyer, Anos handed marked money, Mercader purportedly delivered one sachet which Anos marked and used as the buy‑bust evidence, and a subsequent frisk allegedly produced two additional sachets. The seized items were turned over for laboratory examination and tested positive for methamphetamine hydrochloride.
Mercader denied the charges, alleging a later arrest, no drugs found on her, and extortion at the police station. At trial the police testified about marking and seizure; PO1 Anos admitted there was no inventory or police blotter entry at the place of arrest, while PO2 Edwin Dano claimed an inventory and photographs existed though these documents were not offered in evidence. The RTC, in a Decision dated October 3, 2015, found Mercader guilty beyond reasonable doubt of both crimes, sentencing her to life imprisonment plus fines for the sale and to a prison term plus fine for possession.
Mercader appealed to the Court of Appeals (CA). In a Decision dated March 17, 2017, the...(Pro-only)
Issues:
- Did the prosecution prove a justifiable ground for its non‑compliance with Section 21, Article II of RA 9165 (physical inventory, photography, and presence of required witnesses) and thereby preserve the integrity and evidentiary value of the seized items?
- If not, did the prosecution nevertheless prove beyond reasonable doubt the elements of Illegal Sale (Sec. 5, Art. II, RA 9165) and Illegal Possession (Sec. 11, Art. II, RA 9165...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)