Case Digest (G.R. No. 234821)
Facts:
On October 1, 2012, an Information was filed against Bobby Pacnisen y Bumacas alleging that on September 18, 2012 at Brgy. Urbiztondo, San Juan, La Union he sold two bricks of marijuana to a PDEA poseur-buyer for PHP 6,000; he pleaded not guilty and went to trial. The Regional Trial Court, Branch 66, City of San Fernando, La Union convicted him on March 30, 2016; the Court of Appeals affirmed on June 21, 2017, and the accused appealed to the Supreme Court, which rendered judgment on November 7, 2018.Issues:
- Did the prosecution prove beyond reasonable doubt that the alleged buy‑bust transaction took place and that the corpus delicti existed?
- Did the prosecution comply with Section 21 of RA 9165 and preserve the chain of custody of the seized drugs, or justify any non‑compliance?
Ruling:
The appeal was dismissed and the Court adopted the Court of Appeals' findings, affirming the conviction of the accused for violation of Section 5, Article II of RA 9165, with the penalty of Case Digest (G.R. No. 234821)
Facts:
- Parties and case caption
- People of the Philippines as Plaintiff-Appellee and Bobby Pacnisen y Bumacas as Accused-Appellant in G.R. No. 234821, decision dated November 07, 2018.
- Criminal Information filed October 1, 2012, charging accused with violation of Republic Act No. 9165 (Section 5, Article II) for allegedly selling two bricks of marijuana on September 18, 2012, in Brgy. Urbiztondo, San Juan, La Union for P6,000.00.
- Particulars of the Information and seized items
- The Information alleged sale to a PDEA poseur-buyer, Agent Efren E. Esmin, of two bricks of marijuana with individual net weights of 1,857.16 grams and 852.19 grams, total 2,709.35 grams; consideration alleged was P6,000.00 composed of one genuine P1,000.00 bill and marked boodle money.
- Prosecution's version of events and evidence
- Confidential informant reported to PDEA on September 18, 2012 that accused sold marijuana and arranged a P6,000.00 transaction; Agents Dexter Asayco and Efren Esmin verified the name and formed a buy-bust team.
- Buy-bust team composition: Agent Asayco (team leader), Agent Esmin (poseur-buyer), Agent Suminigay Mirindato (immediate back-up), and Agents Marlon Apolog, Seymoure Sanchez, and Ramos (regular back-up).
- Agent Esmin prepared buy-bust money containing one genuine P1,000.00 bill and five marked boodle bills; buy-bust team proceeded to agreed vacant lot between Pentecostal Missionary Church and Ozoteo Building, Brgy. Urbiztondo.
- Confidential informant introduced Agent Esmin to accused; Agent Esmin handed buy-bust money to accused who gave a plastic bag with two packaged bricks; accused cut a portion to show contents; Agent Esmin signaled by wiping sweat; arrest followed.
- Arrest procedure: team introduced themselves as PDEA agents; Agent Mirindato informed accused of constitutional rights and placed handcuffs; Agent Esmin conducted body search and inventory in presence of buy-bust team, Brgy. Captain Erickson N. Valdriz, and DXNL anchor Dominador Dacanay; photographs taken by Agent Asayco.
- Seized items and request for laboratory examination were personally delivered by Agent Esmin to forensic chemist Lei-Yen Valdez; Chemistry Report No. PDEAROI-DDO12-0025 (dated September 18, 2012) tested positive for marijuana.
- Defense version of events
- Accused claimed alibi: he went to Balaoan to buy food and assist former live-in partner Maida, met a woman named Liza at San Juan Costa Villa Resort cross...(Subscriber-Only)
Issues:
- Primary issues presented for resolution
- Whether the RTC and the Court of Appeals erred in convicting the accused-appellant for violation of Section 5, Article II of Republic Act No. 9165.
- Whether the prosecution proved that a legitimate buy-bust operation took place and established the identity of buyer, seller, object, and consideration of the sale.
- Issues concerning procedural compliance and evidentiary integrity
- Whether the prosecution complied with Section 21, Republic Act No. 9165 and Section 21(a), Article II of the Implementing Rules and Regulations, particularly the requirement that physical inventory and photographing be conducted in the presence of an elected publi...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)