Case Digest (G.R. No. 231133)
Facts:
PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, charged MARVIN MADRONA OTICO, ACCUSED-APPELLANT, with illegal sale of dangerous drug under RA 9165, alleging that on April 22, 2011 in Barangay Looc, Oslob, Cebu he sold a heat-sealed sachet of shabu to a civilian poseur-buyer for PHP 500.00; Otico was convicted by the RTC and the Court of Appeals affirmed. Otico appealed to the Supreme Court contesting the sufficiency and credibility of the prosecution evidence and alleged non-compliance with statutory inventory and chain-of-custody requirements.Issues:
- Did the prosecution prove beyond reasonable doubt that the illegal sale occurred as charged under RA 9165?
- Did the police’s non‑compliance with Section 21, Article II of RA 9165 and related rules vitiate the evidentiary value of the seized drug?
Ruling:
The Court reversed the CA and RTC and ACQUITTED MARVIN MADRONA OTICO for failure of the prosecution to prove guilt beyond reasonable doubt, ordering his immediate release un Case Digest (G.R. No. 231133)
Facts:
- Parties and procedural posture
- People of the Philippines as Plaintiff-Appellee and Marvin Madrona Otico a.k.a. "Pare" as Accused-Appellant.
- Accused appealed under Section 13, Rule 124, Rules of Criminal Procedure from a Decision of the Court of Appeals, which affirmed the conviction by the Regional Trial Court, Branch 62, Oslob, Cebu, Criminal Case No. OS-11-680.
- The Information charged violation of Section 5, Article II of Republic Act No. 9165 for illegal sale of dangerous drug alleging that on April 22, 2011 at about 10:30 a.m., at Barangay Looc, Oslob, Cebu, accused sold one heat-sealed transparent plastic pack of white crystalline substance weighing 0.02 gram to a PNP agent acting as poseur-buyer for the sum of Five Hundred Pesos (P500.00), that tested positive for methamphetamine hydrochloride.
- Accused pleaded not guilty at arraignment.
- Prosecution version of events
- Surveillance on April 21, 2011 established that accused was engaged in sale of shabu in Barangay Looc, Oslob.
- Police conducted briefing; PO3 Nelson Saquibal designated team leader, a civilian poseur-buyer was assigned, and PO1 Alan Villasurda was immediate back-up.
- The poseur-buyer received one marked Five Hundred Peso bill (serial number QD628746) marked with accused's initials "MO"; coordination with PDEA yielded a coordination control number; pre-operation report and coordination form were prepared and faxed to PDEA.
- On April 22, 2011, the poseur-buyer proceeded ahead to the target area while PO3 Saquibal and PO1 Villasurda followed by motorcycles; they arrived about 10:10 a.m. and concealed themselves about ten (10) meters from the poseur-buyer.
- At about 10:30 a.m., accused approached the poseur-buyer, the poseur-buyer allegedly handed the marked money to accused and received a plastic sachet in return, then executed the pre-arranged signal by scratching his head.
- PO3 Saquibal arrested accused, announced constitutional rights, and officers recovered the buy-bust money and a cellphone from accused.
- The team proceeded to PNP Oslob Police Station where PO1 Villasurda conducted inventory in the presence of Municipal Councilor Guillermo Zamora while PO2 Nelson Mendaros photographed the items; seized sachet was marked "MMO-1" and marked money "MMO-2."
- PO1 Villasurda delivered the specimen and laboratory request to PNP Crime Laboratory; P/S Insp. Ryan Ace Mabilen Sala conducted qualitative examination and issued Chemistry Report No. D-466-2011 with positive result for methamphetamine hydrochloride; report described specimen as containing 0.02 gram white crystalline substance.
- PO3 Saquibal and PO1 Villasurda executed a Joint Affidavit of Apprehension dated April 25, 2011.
- Defense version of events
- Accused testified that at about ...(Subscriber-Only)
Issues:
- Primary legal issue
- Whether the Court of Appeals erred in affirming the conviction of Marvin Madrona Otico for violation of Section 5, A...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
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