Case Digest (G.R. No. 182398)
Facts:
In People of the Philippines vs. Minnie Tumulak y Cuenca @ Mitch, the appellant was charged by information dated August 14, 2002 with one count of illegal sale of dangerous drugs under Section 5 of R.A. No. 9165. The incident arose on July 31, 2002 in Manila during a buy‐bust operation conducted by the NBI’s Narcotics Division. Special Investigator Arthur R. Oliveros acted as a poseur‐buyer after a confidential informant arranged the transaction. Mitch allegedly sold or offered for sale thirty yellow ecstasy tablets (“TP” marking) at a price of P60,000. During the sting, she showed SI Oliveros one tablet for inspection and demanded payment before delivering the remaining twenty-nine tablets. As Mitch proceeded to the restroom, she was arrested by NBI agents, who recovered all thirty tablets in three sachets. At the RTC, Branch 16, Manila, Mitch testified she was lured by a friend and framed by NBI operatives. The trial court discredited her defense, found the buy‐bust valid, andCase Digest (G.R. No. 182398)
Facts:
- Charge and Information
- On August 14, 2002, Minnie Tumulak y Cuenca (“Mitch”) was charged with illegal sale of dangerous drugs under Section 5, R.A. No. 9165.
- The information alleged that on July 31, 2002 in Manila, Mitch sold 30 yellow tablets of ecstasy (totaling 7.4448 grams of MDMA) to a poseur-buyer, SI Arthur R. Oliveros, for ₱60,000.00.
- Prosecution’s Version (Buy-Bust Operation)
- Pursuant to a confidential informant’s tip, an NBI buy-bust team organized a sting. SI Oliveros met Mitch and the informant at Starbucks Coffee, showed pre-marked money, and was instructed to follow Mitch to Café Adriatico.
- At Café Adriatico, Mitch delivered one ecstasy tablet as sample, demanded the ₱60,000.00 before handing over the remaining 29 tablets, then went to the restroom. SI Oliveros and backup SI Ronald C. Abulencia identified themselves as NBI agents, arrested Mitch, and recovered all 30 tablets and the marked money.
- Defense Version (Frame-Up Claim)
- Mitch testified she worked at Infinity KTV Club when a friend “Sarah” called her to Café Adriatico; upon arrival, Mitch found Sarah upset and went to the restroom.
- Before entering the restroom, two men showed NBI IDs, dragged her out and arrested her; Mitch denied any drug transaction.
- Trial and Appellate Proceedings
- RTC, Branch 16, Manila (January 29, 2009) convicted Mitch of illegal sale, citing valid buy-bust operation, positive agent testimonies, and physical evidence; sentenced her to life imprisonment and ₱1,000,000.00 fine.
- CA (July 30, 2012) affirmed, holding that delivery of one sample tablet sufficed for consummation and that chain of custody lapses did not impair admissibility.
Issues:
- Whether the crime of illegal sale of dangerous drugs was consummated despite delivery of only one sample tablet.
- Whether lapses in compliance with Section 21, R.A. No. 9165 on marking, inventory and photographing the seized drugs rendered the evidence inadmissible.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)