Case Digest (G.R. No. 227868) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
In People of the Philippines vs. Ely Policarpio y Natividad alias “Dagul” (G.R. No. 227868, January 20, 2021), accused-appellant Ely Policarpio y Natividad was indicted before the Regional Trial Court (RTC), Branch 35, Santiago City, Isabela, for three offenses: (1) violation of Section 261(q), Batas Pambansa Blg. 881 (COMELEC Gun Ban) in Criminal Case No. 35-5585 for possession of a .45 caliber pistol without COMELEC authority during the election period; (2) violation of Sections 11 and 12, Article II, Republic Act No. 9165 (Comprehensive Dangerous Drugs Act of 2002) in Criminal Case Nos. 35-5586 and 35-5587, respectively, for unlawful possession of 21.07 grams of shabu and possession of drug paraphernalia. On April 12, 2007, PDEA agents executed Search Warrant No. 0085 at Policarpio’s residence at No. 29, Purok 4, Barangay Malvar, Santiago City, seizing nine heat-sealed sachets of white crystalline substance, eleven deposit slips, cash amounting to ₱17,700.00, drug paraphernal Case Digest (G.R. No. 227868) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Indictment and Charges
- Accused-appellant Ely Policarpio y Natividad was charged with:
- Violation of Section 261(q), Batas Pambansa Blg. 881 (COMELEC Gun Ban) – possession of a .45 caliber pistol during election period without COMELEC authority (RTC Crim. Case No. 35-5585).
- Violation of Sections 11 and 12, Article II, Republic Act No. 9165 (Comprehensive Dangerous Drugs Act of 2002) – unlawful possession of 21.07 g methamphetamine hydrochloride (“shabu”) (Crim. Case No. 35-5586) and possession of drug paraphernalia (Crim. Case No. 35-5587).
- Accused pleaded not guilty; pre-trial terminated; cases jointly tried on the merits.
- Search, Seizure and Forfeiture of Evidence
- On April 12, 2007 at about 12 noon, PDEA agents executed Search Warrant No. 0085 at Policarpio’s house in Purok 4, Barangay Malvar, Santiago City. They seized:
- Nine heat-sealed sachets of white crystalline substance (suspected shabu).
- Eleven deposit slips and cash amounting to ₱17,700.00 inside a blue clutch bag.
- Drug paraphernalia found between a dura box and the room wall.
- One .45 caliber Colt pistol, magazine and live ammunitions beneath a bed cushion.
- Seized items were marked by IO3 Dexter Asayco (“DBA”) and Agent Seymoure Sanchez (“SDS”) in the presence of the accused, barangay officials and media. Accused signed confiscation receipts; items turned over to Chief Investigator Natividad.
- Forensic Examination and Lower Court Proceedings
- Forensic Chemist Roda Agcaoili tested and positively identified the nine sachets as methamphetamine hydrochloride (Chemistry Report No. D-20-2007).
- RTC Branch 35, Santiago City convicted Policarpio of all three charges (life imprisonment + ₱400,000 fine for shabu; 6 months & 1 day + ₱10,000 fine for paraphernalia; 1 year for gun ban).
- On appeal, the CA (CA-G.R. CR-HC No. 06648) affirmed drug convictions but acquitted for the gun ban. Supreme Court initially adopted CA ruling (April 5, 2017 Resolution), modifying penalty for paraphernalia. Policarpio filed motion for reconsideration.
Issues:
- Validity and Particularity of Search Warrant
- Whether Search Warrant No. 0085 sufficiently described the place to be searched and the items to be seized.
- Compliance with Section 21, RA 9165 (Chain of Custody)
- Whether the physical inventory and photographing of seized drugs and paraphernalia complied with the presence requirement of: the accused (or representative), media representative, DOJ representative and an elected public official.
- Proof of Corpus Delicti and Continuity of Evidence
- Whether non-compliance with Section 21, RA 9165 invalidated the chain of custody and failed to establish the corpus delicti of the drug offenses beyond reasonable doubt.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)