Case Digest (G.R. No. 237977)
Facts:
People of the Philippines v. Nomer Wisco y Failano, G.R. No. 237977, August 19, 2019, Supreme Court Third Division, Inting, J., writing for the Court.The prosecution (the People of the Philippines) charged accused-appellant Nomer Wisco y Failano with violation of Section 5, Article II of R.A. No. 9165 for allegedly selling two heat-sealed sachets of methamphetamine hydrochloride (shabu) on November 2, 2013 at about 10:00 P.M. in Brgy. 4, Poblacion, Pasuquin, Ilocos Norte. The Information, filed November 5, 2013, alleged that Wisco sold the sachets to a police poseur-buyer for P1,000.00. Wisco was arraigned November 18, 2013 and pleaded not guilty.
The prosecution’s version: following a tip from a confidential informant, a buy-bust operation was conducted. PO1 Alexon Rosal acted as poseur-buyer, with SPO1 Jonathan Caldito and PO3 Lumiowel Bulosan as part of the team. PO1 Rosal handed marked money; after receiving one small plastic sachet he executed the prearranged signal (removal of his cap). The accused fled but was pursued and intercepted by SPO1 Caldito; on frisking, Caldito recovered a second plastic sachet from the accused’s short pants. PO1 Rosal marked the sachet he purchased “AR” and the one recovered from Wisco “AR1” in the presence of Barangay Chairman Armando Aguinaldo and two barangay kagawads; an inventory and photographing were allegedly made. The specimens were submitted to the police crime laboratory where Forensic Chemist Arniely Ann Navarro tested them positive for methamphetamine hydrochloride weighing 0.0619 g (AR) and 0.1080 g (AR1).
The defense denied the sale, claiming Wisco had only gone out to buy food, was accosted by police who forcibly brought him to the station, and that the police later placed sachets in front of the patrol car and photographed them — i.e., a frame-up. Barangay Chairman Aguinaldo later testified that he did not witness the actual marking and taking of photographs and that no media or DOJ representative was present.
The Regional Trial Court (RTC), Branch 19, Bangui, Ilocos Norte, convicted Wisco on March 23, 2015 of illegal sale under Section 5, Article II, R.A. No. 9165, imposing life imprisonment and fine, and ordered forfeiture and destruction of the drugs. The RTC found the buy-bust valid, the elements of sale proven, the arrest valid, and the chain of custody established.
Wisco appealed to the Court of Appeals (CA) in CA-G.R. CR HC No. 07468. In a Dec...(Pro-only)
Issues:
- Was the prosecution able to prove beyond reasonable doubt that accused-appellant Nomer Wisco committed illegal sale of dangerous drugs under Section 5, Article II of R.A. No. 9165?
- Was the chain of custody of the seized alleged drugs properly established so that the seized items presented in court are demonstrably the same as tho...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)