Case Digest (G.R. No. 187070)
Facts:
People of the Philippines v. Rolando Tamayo y Tena, G.R. No. 187070, February 24, 2010, the Supreme Court First Division, Villarama, Jr., J., writing for the Court. The plaintiff-appellee is the People of the Philippines; the accused-appellant is Rolando Tamayo y Tena.On May 17, 2003, a confidential informant alerted Police Station 4 (Novaliches, Quezon City) that a person called "Ronnie" was selling marijuana on Pilarin Street, Barangay Gulod, Novaliches. A buy-bust team was organized: PO3 Andres Nelson Sy acted as the poseur-buyer, while PO2 Cesar C. Collado, Police Superintendent Noli Wong and another officer served as back-up. PO3 Sy marked a P100 bill with his initials "ANS" to be used as buy-bust money and, accompanied by the confidential informant, proceeded to the target area at about 7:00 p.m.
PO3 Sy and the informant entered the appellant's house after an introduction; PO3 Sy told the appellant he wanted to buy marijuana. The appellant retrieved a multicolored bag from the stairs, placed it on a table and handed PO3 Sy a small "tea bag" containing what turned out to be dried marijuana in exchange for the marked P100. Immediately after the exchange, PO3 Sy identified himself as a police officer and arrested the appellant; the confidential informant leaving the house signaled consummation of the sale to the back-up team. PO2 Collado recovered the bag and observed dried marijuana leaves; officers seized eight plastic sachets of marijuana fruiting tops from the appellant and recovered the marked money. The parties stipulated that the crime laboratory's forensic chemical examination yielded a positive result for marijuana.
The appellant pleaded not guilty, testified in his own defense and denied selling or possessing marijuana. He claimed that police entered his home, pointed a gun at him, forcibly removed him and took him to Police Station 4, asserting he was framed and denying knowledge of the seized items. The trial court (RTC, Quezon City, Branch 103) found the prosecution witnesses—particularly the poseur-buyer PO3 Sy—credible, found the elements of illegal sale and illegal possession proven beyond reasonable doubt, and on December 27, 2005 convicted the appellant of violating Sections 5 and 11 of Republic Act No. 9165 and sentenced him to life imprisonment and a P500,000 fine in each of Criminal Case Nos. Q-03-117407 and Q-03-117408. The trial court ordered the drugs transmitted to PDEA through DDB for disposition.
The appellant appealed to the Court of Appeals (CA-G.R. CR-H.C. No. 01850), which, in a Decision dated April 21, 2008 (pen. Arevalo-Zenarosa, J.), affirmed the RTC. The appellant then brought the present appeal to the Supreme Court; th...(Pro-only)
Issues:
- Was the appellant proven guilty beyond reasonable doubt of illegal sale and illegal possession in violation of Sections 5 and 11 of Republic Act No. ...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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