Case Digest (G.R. No. 212202)
Facts:
People of the Philippines v. Darren Oliveros y Corporal, G.R. No. 212202, July 30, 2019, First Division, Bersamin, C.J., writing for the Court.The prosecution charged Darren Oliveros with violating Section 5 of R.A. No. 9165 for allegedly selling 0.02 gram of methamphetamine hydrochloride (shabu) to PO1 Renen Malonzo on November 30, 2007 in Caloocan City. At arraignment Oliveros pleaded not guilty.
The prosecution's case was built on the testimony of PO1 Malonzo (the poseur-buyer), SPO2 Wilfredo Quillan (backup), and the forensic chemist Sr. Insp. Stella Ebuen. Malonzo testified that, after a confidential informant's tip and a pre-operation briefing, he acted as the buyer, used marked buy-bust money (a PhP200 bill, serial BT-049085, marked “RM”), received a heat-sealed sachet which he marked “DOC 11/30/07,” and turned the specimen over for laboratory examination. Ebuen issued Physical Sciences Report No. D-415-07 diagnosing the specimen as methamphetamine hydrochloride. Quillan corroborated parts of Malonzo’s account but admitted he did not personally see the handing over of the sachet.
Oliveros denied the charge, claiming he and companions were seized at a billiard hall by uniformed policemen, taken to the station, extorted for money, and that no contraband was recovered from him; his denial went uncorroborated.
The Regional Trial Court (RTC), Branch 127, Caloocan City, convicted Oliveros on December 13, 2010, finding the prosecution proved all elements and that the chain of custody remained intact, sentencing him to life ...(Subscriber-Only)
Issues:
- Did the prosecution preserve the required chain of custody under Section 21 of R.A. No. 9165, its IRR, and implementing regulations so as to sustain the conviction for illegal sale of danger...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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