Case Digest (G.R. No. 228890) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
On April 18, 2018, the Supreme Court rendered its decision in People of the Philippines v. Basher Tomawis y Ali (G.R. No. 228890) involving the alleged sale of 12.7402 grams of methamphetamine hydrochloride (“shabu”) on August 21, 2008 at around 6:30 P.M. in the food court of Starmall Alabang, Muntinlupa City. Accused-appellant Basher Tomawis y Ali was charged under Section 5, Article II of Republic Act No. 9165 before the Regional Trial Court (RTC) of Muntinlupa City (Crim. Case No. 08-636) for unlawfully selling shabu to a Philippine Drug Enforcement Agency (PDEA) agent acting as a poseur-buyer. Following his arrest amid a commotion that prevented on-the-spot marking and photographing of the seized sachet, PDEA agents brought Tomawis and the evidence to Barangay Pinyahan, Quezon City, where two barangay councilors witnessed an inventory; the item was thereafter submitted to the PDEA forensic laboratory, which confirmed its identity and weight. Tomawis pleaded not guilty, asser... Case Digest (G.R. No. 228890) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Background and charge
- On August 21, 2008 at around 6:30 P.M., PDEA agents conducted a buy-bust operation in the food court of Starmall-Metropolis, Alabang, Muntinlupa City, based on a confidential informant’s tip against “alias Salim,” later identified as Basher Tomawis y Ali.
- Tomawis was accused in an Information of willfully, unlawfully, and feloniously selling 12.74 grams of methamphetamine hydrochloride (“shabu”) to PDEA poseur‐buyer IO1 Mabel Alejandro.
- Pre-trial stipulations
- Identity of the accused and jurisdiction of the RTC.
- Qualification of the forensic chemist.
- Sample positive for methylamphetamine hydrochloride, weighing 12.7402 grams.
- Sample delivered by IO1 Mabel Alejandro to the crime laboratory.
- Prosecution evidence
- IO1 Mabel Alejandro testified to the planning and execution of the buy-bust, marking of money, delivery of signal, exchange of money for shabu, ensuing commotion at the mall, removal to Barangay Pinyahan for inventory and photographing in the presence of barangay officials.
- IO1 Beltran Lacap, Jr. corroborated Alejandro’s account of the operation, arrest, and relocation to the barangay hall.
- Barangay Kagawads Jonathan Burce and Melinda Gaffud testified they witnessed the inventory of the seized item on a table at the barangay hall, and that the accused affirmed the items were recovered from him.
- Defense evidence
- Tomawis testified to being forcibly taken by armed men, assaulted, robbed of P13,500, brought to various locations including PDEA office and barangay hall, and coerced to identify planted drugs as his.
- His mother corroborated the abduction, assault, and wrongful framing.
Issues:
- Main issue
- Whether the prosecution proved beyond reasonable doubt that Tomawis violated Section 5, Article II of RA 9165 by selling methamphetamine hydrochloride.
- Procedural issues
- Whether the buy-bust team complied with the mandatory inventory and photographing requirements under Section 21 of RA 9165 and its IRR (immediate inventory “immediately after seizure and confiscation”; presence of accused, DOJ rep, media rep, elected official; proper place).
- Whether the chain of custody of the seized drugs was duly established without gaps or inconsistencies.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)