Case Digest (G.R. No. 181249)
Facts:
People of the Philippines v. Baida Salak y Bangkulas, G.R. No. 181249, March 14, 2011, Supreme Court Third Division, Villarama, Jr., J., writing for the Court. The plaintiff-appellee is the People of the Philippines; the accused-appellant is Baida Salak y Bangkulas.On May 25, 2001 an Information charged appellant with unlawful sale of 305.4604 grams of methamphetamine hydrochloride (shabu) in violation of Section 15, Article III of R.A. No. 6425, as amended by R.A. No. 7659. Appellant pleaded not guilty. The NBI Special Task Force (STF) conducted surveillance after receiving information that a certain "Baida" was selling shabu at Litex Market. A buy‑bust operation was set up with Special Investigator Edgardo Kawada, Sr. as the poseur‑buyer; Kawada testified that he negotiated purchase of 300 grams for P180,000, met appellant and her companions, and received three heat‑sealed sachets which he marked "REM‑1," "REM‑2," and "REM‑3." Appellant was arrested, the sachets were turned over to the NBI Forensic Chemistry Division the following morning, and a May 24, 2001 certification reported the substance positive for methamphetamine hydrochloride.
The defense presented a contrary narrative: appellant said she merely accompanied acquaintances, was later forcibly taken by operatives, and alleged an extortion demand to secure her release. Appellant and witnesses claimed failure of the NBI to do a physical inventory and photograph as required by Dangerous Drugs Board Regulation No. 3, Series of 1979, as amended by Regulation No. 2, Series of 1990, and the prosecution did not produce the buy‑bust money at trial. The defense moved for a quantitative (purity) analysis; an August 1, 2001 certification (HPLC) indicated net weights of REM‑1 (114.5932 g), REM‑2 (97.0434 g), REM‑3 (93.8238 g), total 305.4604 g and average purity 87.99%.
On September 25, 2001 the trial court orally ordered provisional dismissal after prosecution witnesses failed to appear, but later recalled the dismissal at the same hearing when two NBI witnesses arrived. The Regional Trial Court (RTC), Branch 103, Quezon City, convicted appellant on February 18, 2002 of illegal sale and sentenced her to re...(Subscriber-Only)
Issues:
- Did the recall and continuation of trial after the trial court's oral order of provisional dismissal violate Baida Salak’s right to due process?
- Were the prosecution’s evidentiary lapses — noncompliance with Dangerous Drugs Board regulations on inventory/photography, failure to present buy‑bust money, and alleged breaks in the chain of custody — fatal to the prosecution and sufficient to create reasonable doubt as to guilt under ...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
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Doctrine:
- (Subscriber-Only)