Title
People vs. Abdul Azis Y Sampaco a.k.a. Mohammad Macapundag Guimbor and Alibair Macadato Y Macadato
Case
G.R. No. 258873
Decision Date
Aug 30, 2023
Two accused convicted for illegal possession of 622.78 grams of shabu; warrantless arrest upheld, chain of custody deemed intact despite procedural lapses.

Case Digest (G.R. No. 258873)
Expanded Legal Reasoning Model

Facts:

  • Charges and Informations
    • Criminal Case No. C-97030 (People v. Abdul Azis y Sampaco a.k.a. “Major”)
      • Date/Place: June 15, 2016, Caloocan City
      • Offense: Unlawful possession of five knot-tied transparent plastic bags of methamphetamine hydrochloride (shabu) marked “AZIS/JA-1” to “AZIS/JA-5” with total net weight of 491.69 g, positive in laboratory test.
    • Criminal Case No. C-97031 (People v. Alibair Macadato y Macadato a.k.a. “Ongkay”)
      • Date/Place: June 15, 2016, Caloocan City
      • Offense: Unlawful possession of six heat-sealed sachets of shabu marked “MACADATO/CDL-1” to “MACADATO/CDL-6” with total net weight of 131.09 g, positive in laboratory test.
  • Arrest, Seizure, and Initial Procedures
    • Oplan Galugad Operation
      • Conducted by PO1 Jordan A. Alcova, PO1 Carlon Dave Lacson, and other operatives around 5 p.m. in Phase 12, Barangay 188, Tala.
      • PO1 Alcova observed from 1.5 m away Azis saying “eto pa yung tamok galing kay Patak,” handing Macadato a plastic bag of suspected shabu, which Macadato slid into his sling bag.
    • Apprehension and Marking of Evidence
      • Both accused were arrested in flagrante delicto.
      • PO1 Alcova marked Azis’s sling bag and five sachets; PO1 Lacson marked Macadato’s sling bag and six sachets.
  • Inventory, Photography, and Laboratory Examination
    • Place and Witnesses
      • Fearing a mob at the scene, officers moved to the police station for inventory and photography.
      • Only media representative Bernard Ariate attended; no elected official or DOJ representative responded (after office hours).
    • Chain of Custody Continuation
      • Investigator PO2 Jerome Pascual received the items, prepared inventory, and signed chain of custody forms.
      • Items and laboratory request were personally delivered to Forensic Chemist Lourdeliza G. Cejes at NPD Crime Laboratory (Valenzuela Satellite).
      • Cejes conducted qualitative tests: positive for methamphetamine hydrochloride; specimens sealed and deposited with Evidence Custodian.
  • Defense Version
    • Abdul Azis’s Testimony
      • Claimed frame-up: police unlawfully raided his home at ~11 a.m., destroyed property, seized a black sling bag containing no drugs, then later presented Macadato at station.
    • Witnesses for Macadato
      • Imam Jamal M. Sharief: witnessed Macadato’s arrest at ~8 a.m. from 100 m away, did not know reason for arrest.
      • Monacaya M. Macadato (sister): saw police raid near her travel agency, followed them to brother’s house, saw arrest, unaware of cause.
  • Procedural History
    • RTC, Branch 127, Caloocan City
      • July 8, 2016: Motions to consolidate granted; accused pleaded not guilty.
      • February 22, 2019: Trial court convicted both under RA 9165 Section 11; sentenced to life imprisonment and P 500,000 fine each; ordered drug forfeiture and destruction.
    • Court of Appeals
      • CA-G.R. CR-HC No. 12604: August 24, 2020 decision affirming RTC conviction.
    • Supreme Court
      • G.R. No. 258873: Petition for review denied; SC decision promulgated August 30, 2023.

Issues:

  • Whether the warrantless arrests and searches were lawful.
  • Whether the prosecution substantially complied with the chain of custody rule under RA 9165.
  • Whether the evidence of illegal possession was admissible.
  • Whether the defense of frame-up was sufficiently proven.
  • Whether the volume and handling of seized drugs negate planting or tampering.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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