Case Digest (G.R. No. 228890)
Facts:
People of the Philippines v. Basher Tomawis y Ali, G.R. No. 228890, April 18, 2018, Supreme Court Second Division, Caguioa, J., writing for the Court.The People of the Philippines (plaintiff-appellee) prosecuted Basher Tomawis y Ali (accused-appellant) for violation of Section 5 of Republic Act No. 9165 (sale of dangerous drugs) based on an alleged buy‑bust on August 21, 2008 at Starmall–Metropolis, Alabang. The Information charged that Tomawis sold methamphetamine hydrochloride ("shabu") weighing 12.74 grams to a poseur-buyer, later identified as PDEA IO1 Mabel Alejandro.
At arraignment Tomawis pleaded not guilty. At pretrial the parties stipulated as to the accused’s identity and the forensic chemist’s qualifications, that the tested sample was positive for methamphetamine hydrochloride weighing 12.7402 grams, and that IO1 Alejandro delivered the sample to the laboratory. The prosecution presented PDEA agents IO1 Alejandro and IO1 Beltran Lacap, Jr., and two barangay councilors—Jonathan Burce and Melinda Gaffud. The defense offered Tomawis’s testimony recounting forcible abduction by men, beating, and coercion into a vehicle, denial of selling drugs, a negative urine test, and corroboration by his mother.
The Regional Trial Court (RTC), Branch 204, Muntinlupa City, convicted Tomawis on January 29, 2014, giving full credence to the PDEA witnesses, holding the chain of custody preserved, and accepting the inventory at Brgy. Pinyahan as justified because of the commotion at the mall. The Court of Appeals (CA) affirmed in a Decision dated June 6, 2016 in CA‑G.R. CR‑H.C. No. 06662, finding the elements of sale proven and the chain of custody sufficiently established, invoking the presumption of regularity in official acts.
Tomawis appealed to the Supreme Court under Section 13(c), Rule 124 of the Revised Rules on Criminal Procedure. The Supreme Court reviewed the records, focused on compliance with Section 21, Article II of RA 9165 (and its IRR) as it existed in 2008, and considered alleged procedural lapses: inventory and photographing not done at place of arrest, absence of DOJ/media/elected official...(Subscriber-Only)
Issues:
- Whether the prosecution proved beyond reasonable doubt Tomawis’s guilt for violation of Section 5 of RA 9165, specifically by complying with the mandatory requirements of Section 21, Article II of RA 9165 and establishing an unbroken ch...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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