Case Digest (G.R. No. 173051)
Facts:
The People of the Philippines v. Gerardo Orteza, G.R. No. 173051 (formerly G.R. No. 161678), July 31, 2007, Supreme Court Second Division, Tinga, J., writing for the Court.Gerardo Orteza (appellant) was charged by Information dated 20 November 2002 with illegal sale of methamphetamine hydrochloride (shabu) in violation of Section 5, Article II of Republic Act No. 9165 before the Regional Trial Court (RTC) of Tarlac City, Branch 64. The Information alleged that on 19 November 2002 at about 9:00 p.m. in Tarlac City appellant sold .063 gram of shabu to a poseur-buyer, SPO1 Rodolfo Ramos, for ₱100.00.
At trial the prosecution adopted a Joint Affidavit of Arrest executed by PO2 Allan J. Lagasca, PO3 Daniel I. Lingsay, SPO1 Rodolfo L. Ramos, and SPO4 Pascual M. Delos Reyes; Delos Reyes and Lagasca testified in court and confirmed their statements. The Joint Affidavit described a buy-bust operation after a week-long surveillance: the poseur-buyer allegedly purchased one sachet of shabu from a suspect named “Buboy,” gave a pre-arranged signal, and the back-up team effected arrests; the marked money was recovered from “Buboy” and another sachet recovered from a second suspect, “Leng Leng.” At the station “Buboy” identified himself as Gerardo Orteza. Engr. Marcene Agala of the Regional Crime Laboratory later tested two sachets and reported they were positive for methamphetamine hydrochloride.
Orteza testified as sole defense witness, denied selling shabu, denied speaking to the poseur-buyer, and denied knowing “Leng Leng.” The RTC rendered a Decision dated 4 April 2002 finding appellant guilty and imposing a sentence described in the decision (the trial court’s disposition contained irregularities in its penalty statement). The judgment was elevated for automatic review. Pursuant to this Court’s ruling in People v. Efren Mateo, the case was transferred to the Court of Appeals.
In CA-G.R. CR No. 01813 the Court of Appeals, by Decision dated 28 February 2006 (penalty modified), affirmed the RTC’s conviction and sentenced Orteza to life imprisonment and a fine of ₱500,000.00. The Court of Appeals found the elements of illegal sale proven by (1) eyewitness testimony of buy-bust team members, (2) positive laboratory results on the seized crystalline substance, and (3) recovery of marked money from appellant after body search. The CA acknowledged that the poseur-buyer was not presented but held that the testimony of the two policemen sufficed.
Orteza elevated the case to this Court. He argued that the prosecution failed to prove beyond reasonable doubt the sale, po...(Subscriber-Only)
Issues:
- Did the prosecution prove beyond reasonable doubt all elements of the crime of illegal sale of a dangerous drug under Section 5, Article II of R.A. No. 9165?
- Do the prosecution’s procedural lapses—failure to comply with inventory/marking procedures and non‑presentation of the poseur‑buyer—together with the lack of in‑court face‑to‑face identification and the unexplained non‑prosecution of the co‑suspect, create ...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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