Case Digest (G.R. No. 147230)
Facts:
- The case involves the People of the Philippines (appellee) against Reynaldo Remerata y Remoquillo (appellant) and Gloria Ochoa y Remerata (at large).
- Events occurred on April 10, 1999, in San Pedro, Laguna, following a tip about illegal shabu sales.
- The Philippine National Police, Narcotics Command, organized a buy-bust operation based on the informant's information regarding a sale of 200 grams of shabu.
- Police Senior Inspector Nolasco Cortez led the operation, with PO1 Aldrin Agravante as the poseur-buyer.
- A briefcase containing a mix of genuine and fake money was prepared for the operation.
- At around 8:30 PM, the police team arrived at the target area on San Vicente Street.
- Agravante and the informant approached the accused, confirming the presence of money.
- Ochoa left to retrieve the drugs and returned with two plastic bags containing shabu.
- A commotion ensued, leading to Ochoa's escape and Reynaldo's arrest.
- Laboratory tests confirmed the substance was methamphetamine hydrochloride.
- An Information was filed on July 30, 1999, against both accused for violating the Dangerous Drugs Act of 1972.
- Reynaldo pleaded not guilty, claiming he was merely buying cigarettes when apprehended.
- The trial court found him guilty, sentencing him to reclusion perpetua and a fine of P500,000.00.
Issue:
- (Unlock)
Ruling:
- The Supreme Court affirmed the Regional Trial Court's decision, finding Reynaldo Remerata guilty beyond reasonable doubt of violating Article III, Section 15 of Republic Act No. 6425, as amended....(Unlock)
Ratio:
- The Court highlighted that police officers' testimonies in buy-bust operations are generally given full faith and credit due to the presumption of regularity in their duties.
- This presumption can only be overturned by clear and convincing evidence of improper conduct, which the appellant did not provide.
- The Court addresse...continue reading
Case Digest (G.R. No. 147230)
Facts:
The case involves the People of the Philippines as the appellee against Reynaldo Remerata y Remoquillo, also known as aReya, who is the appellant, and Gloria Ochoa y Remerata, who remains at large. The events transpired on April 10, 1999, in San Pedro, Laguna, where the Philippine National Police, Narcotics Command, received a tip from a confidential informant regarding the illegal sale of shabu (methamphetamine hydrochloride) by the appellant and his sister. The informant indicated that they were preparing to sell 200 grams of shabu to a prospective buyer from Manila. Acting on this information, Police Senior Inspector Nolasco Cortez organized a buy-bust operation, designating PO1 Aldrin Agravante as the poseur-buyer. The police team prepared a briefcase containing a mix of genuine and fake money for the operation.
At approximately 8:30 PM, the police team arrived at the target area on San Vicente Street. Agravante and the informant approached the accused, who were introduced as Reynaldo Remerata and Gloria Ochoa. After confirming the presence of money, Ochoa left to retrieve the drugs. Upon her return, she handed over two plastic bags containing shabu to Agravante, who then signaled the police team. A commotion ensued, during which Ochoa managed to escape, while the police apprehended Reynaldo. A subsequent laboratory examination confirmed that the substance in the plastic bags was indeed methamphetamine hydrochloride. On July 30, 1999,...