Case Digest (G.R. No. 247323)
Facts:
People of the Philippines v. Michael Gregorio Yutig, G.R. No. 247323, October 06, 2021, Supreme Court Second Division, Inting, J., writing for the Court.Accused-appellant Michael Gregorio Yutig was charged in two separate Informations with Illegal Sale (Criminal Case No. 1908-15) and Illegal Possession (Criminal Case No. 1909-15) of dangerous drugs in violation of Sections 5 and 11, Article II of Republic Act No. 9165 (Comprehensive Dangerous Drugs Act of 2002). The sale charge alleged that on October 11, 2015 Yutig sold one sachet of shabu (0.0905 g) to PO2 Leo Michael T. Sapalicio (a poseur-buyer); the possession charge alleged that two sachets totaling 0.0880 g were found in his possession. Yutig pleaded not guilty and trial ensued.
The prosecution's version was that a confidential informant led a buy-bust team composed of PO2 Sapalicio (poseur-buyer), PO2 Rolly Conat (backup) and others; after the marked money was handed over, Sapalicio signaled completion and the team arrested Yutig, frisked him, and recovered the marked bill and sachets (one surrendered at sale, two found in his pocket). The items were marked (LMS1, LMS2, LMS3), inventoried in the presence of Barangay Captain Florentino Maquilan III and a media representative, photographed, and delivered to the PNP Crime Laboratory where Forensic Chemist P/I Jade Ryan Pelayre Bajade found them positive for methamphetamine hydrochloride.
Yutig denied the charges, claiming the policemen stopped and searched him without warrant, that the sachets were placed before him by an unidentified person, and that he did not possess the drugs. At trial the parties stipulated to certain chain-of-custody facts—delivery to and receipt by the Crime Laboratory—leading the RTC to dispense with the testimony of PO3 Cubillan.
Branch 32, Regional Trial Court (RTC), Lupon, Davao Oriental (Presiding Judge Emilio G. Dayanghirang III) found Yutig guilty in its May 26, 2017 Judgment: life imprisonment and P500,000 fine for Illegal Sale; 12 years and 1 day to 14 years and 8 months and P300,000 fine for Illegal Possession. The Court of Appeals (CA) in CA‑G.R. CR‑HC No. 01701‑MIN (Decision penned by Associate Justice Loida S. Posadas‑Kahulugan, with Justices Tita Marilyn Payoyo‑Villordon and Evalyn M. Arellano‑Morales concurring) affirmed the RTC in its February 19, 2019 Decision, explicitly findin...(Subscriber-Only)
Issues:
- Procedural: Whether the failure of the Information to allege the consideration for the alleged sale renders the Illegal Sale charge insufficient.
- Substantive: Whether accused-appellant is guilty beyond reasonable doubt of Illegal Sale and Illegal Possession of Dangerous Drugs, given the evidence an...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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