Case Digest (G.R. No. 154993)
Facts:
The appellant in this case is Jimmy Biyala Velasquez, who was charged with illegal possession of prohibited drugs under Criminal Case Nos. 17945-R and 17946-R in the Regional Trial Court (RTC), Branch 61, of Baguio City, Philippines. The sample case unfolded on June 11, 2000, during which the police executed a search warrant at Velasquez's residence at No. 144 Paraan St., Victoria Village, Quezon Hill, Baguio City. The morning of July 9, 2000, a tip-off was received regarding Velasquez selling shabu and marijuana. The authorities, after confirming the information through a buy-bust operation conducted by a confidential informant, secured a search warrant.
On July 13, 2000, police officers conducted the search and discovered 826.4 grams of dried marijuana leaves, along with 4.12 grams of shabu, and various paraphernalia in Velasquez's residence. The officers involved in the search included SPO1 Modesto Carrera, SPO1 Warren Lacangan, and other members of the 14th Regional
Case Digest (G.R. No. 154993)
Facts:
# Background and Charges
- Accused-appellant Jimmy Biyala Velasquez was charged with violations of Section 8, Article II (possession of marijuana) and Section 16, Article III (possession of shabu) of Republic Act No. 6425, the Dangerous Drugs Act of 1972, as amended.
- Criminal Case No. 17945-R: Accused of possessing 826.4 grams of dried marijuana leaves on or about June 11, 2000.
- Criminal Case No. 17946-R: Accused of possessing 4.12 grams of methamphetamine hydrochloride (shabu) on or about July 11, 2000.
# Prosecution’s Version
- On July 9, 2000, Manuel De Vera reported to the police that Velasquez was selling shabu and marijuana. De Vera was given P600 to buy drugs from Velasquez, which he did, confirming the report.
- A search warrant was issued on July 10, 2000, and executed on July 13, 2000, at Velasquez’s residence in Baguio City.
- During the search, police found:
- A brick of dried marijuana leaves (826.4 grams) in Velasquez’s bedroom.
- A heat-sealed plastic sachet containing shabu (4.12 grams) in Velasquez’s pocket.
- Drug paraphernalia, including rolling papers, aluminum foil, and a tooter.
- Barangay officials witnessed the search, and the seized items were submitted for forensic examination, which confirmed the substances were marijuana and shabu.
# Defense’s Version
- Velasquez denied the charges, claiming the drugs were planted by the police.
- He testified that the police forcibly entered his home, searched him, and found nothing, but later claimed to have found drugs in his bedroom.
- He alleged that the barangay officials arrived only after the search had begun.
# Trial Court Decision
- The Regional Trial Court (RTC) found Velasquez guilty beyond reasonable doubt in both cases.
- He was sentenced to:
- Criminal Case No. 17945-R: Reclusion perpetua and a fine of P500,000 for possession of marijuana.
- Criminal Case No. 17946-R: Six months of arresto mayor to two years and four months of prision correccional for possession of shabu.
# Appeal to the Court of Appeals
- The Court of Appeals affirmed the RTC’s decision, finding no merit in Velasquez’s claims of irregularities and inconsistencies in the prosecution’s evidence.
Issues:
- Whether there were irregularities in the execution of the search warrant.
- Whether the testimonies of the prosecution witnesses were credible despite alleged inconsistencies.
- Whether the prosecution proved Velasquez’s guilt beyond reasonable doubt.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Conclusion:
- The Supreme Court upheld Velasquez’s convictions and the penalties imposed by the lower courts.
- The appeal was dismissed for lack of merit.
- On July 9, 2000, Manuel De Vera reported to the police that Velasquez was selling shabu and marijuana. De Vera was given P600 to buy drugs from Velasquez, which he did, confirming the report.
- A search warrant was issued on July 10, 2000, and executed on July 13, 2000, at Velasquez’s residence in Baguio City.
- During the search, police found:
- A brick of dried marijuana leaves (826.4 grams) in Velasquez’s bedroom.
- A heat-sealed plastic sachet containing shabu (4.12 grams) in Velasquez’s pocket.
- Drug paraphernalia, including rolling papers, aluminum foil, and a tooter.
- Barangay officials witnessed the search, and the seized items were submitted for forensic examination, which confirmed the substances were marijuana and shabu.
# Defense’s Version
- Velasquez denied the charges, claiming the drugs were planted by the police.
- He testified that the police forcibly entered his home, searched him, and found nothing, but later claimed to have found drugs in his bedroom.
- He alleged that the barangay officials arrived only after the search had begun.
# Trial Court Decision
- The Regional Trial Court (RTC) found Velasquez guilty beyond reasonable doubt in both cases.
- He was sentenced to:
- Criminal Case No. 17945-R: Reclusion perpetua and a fine of P500,000 for possession of marijuana.
- Criminal Case No. 17946-R: Six months of arresto mayor to two years and four months of prision correccional for possession of shabu.
# Appeal to the Court of Appeals
- The Court of Appeals affirmed the RTC’s decision, finding no merit in Velasquez’s claims of irregularities and inconsistencies in the prosecution’s evidence.
Issues:
- Whether there were irregularities in the execution of the search warrant.
- Whether the testimonies of the prosecution witnesses were credible despite alleged inconsistencies.
- Whether the prosecution proved Velasquez’s guilt beyond reasonable doubt.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Conclusion:
- The Supreme Court upheld Velasquez’s convictions and the penalties imposed by the lower courts.
- The appeal was dismissed for lack of merit.
- The Regional Trial Court (RTC) found Velasquez guilty beyond reasonable doubt in both cases.
- He was sentenced to:
- Criminal Case No. 17945-R: Reclusion perpetua and a fine of P500,000 for possession of marijuana.
- Criminal Case No. 17946-R: Six months of arresto mayor to two years and four months of prision correccional for possession of shabu.