Case Digest (G.R. No. 201363)
Facts:
People of the Philippines v. Nazareno Villareal y Lualhati, G.R. No. 201363, March 18, 2013, Supreme Court Second Division, Perlas-Bernabe, J., writing for the Court. The case is a criminal appeal arising from appellant Nazareno Villareal y Lualhati's conviction for illegal possession of dangerous drugs under RA 9165.On December 25, 2006 at about 11:30 a.m., PO3 Renato de Leon, while driving his motorcycle along 5th Avenue in Caloocan City, observed appellant from a distance of about eight to ten meters allegedly holding and scrutinizing a plastic sachet containing a white crystalline substance. PO3 de Leon approached, alighted from his motorcycle, and — according to his testimony — apprehended appellant after the latter attempted to flee; a tricycle driver assisted in the apprehension. The officer confiscated the sachet, brought appellant to the 9th Avenue Police Station, marked the evidence "RZL/NV 12-25-06," and turned both appellant and the marked item over to investigator PO2 Randulfo Hipolito.
PO2 Hipolito executed an acknowledgment receipt, prepared a letter-request for laboratory examination, and personally delivered the seized item to the PNP Crime Laboratory, where Police Senior Inspector Albert Arturo received it. The forensic examination disclosed 0.03 gram of a white crystalline substance that tested positive for methylamphetamine hydrochloride (shabu). An Information charged appellant with violating Section 11 of RA 9165 (illegal possession of dangerous drugs). Appellant pleaded not guilty and, at trial, denied the prosecution's version, alleging instead that PO3 de Leon stopped and frisked him, took his money, detained and maimed him with other detainees and police officers, and coerced answers by firing a gun near his ear; he claimed the police fabricated the drug possession charge. He said he underwent inquest proceedings the following day.
The Regional Trial Court (RTC), Branch 123, Caloocan City, after trial, found the prosecution proved the elements of illegal possession, credited PO3 de Leon’s testimony, applied the plain view doctrine, found the defense uncorroborated, and convicted appellant, sentencing him to 12 years and 1 day to 14 years and 8 months imprisonment and to pay a P300,000 fine. The Court of Appeals (CA), in CA-G.R. CR No. 31320, affirmed the RTC decision...(Pro-only)
Issues:
- Did the Court of Appeals err in affirming the RTC's conviction of Nazareno Villareal y Lualhati for illegal possession of dangerous dr...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
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Doctrine:
- (Pro-only)