Case Digest (G.R. No. 142420)
Facts:
In Robert Plan, Jr. y Beloncio @ “Jun” and Mark Oliver Enolva y Dictado @ “Mark” v. People, G.R. No. 247589 decided on August 24, 2020 under the 1987 Constitution, petitioners Plan and Enolva were separately charged before the Regional Trial Court (RTC) of Quezon City with Possession of Dangerous Drugs During Parties, Social Gatherings or Meetings in violation of Section 13, Article II of Republic Act No. 9165. On March 31, 2017, PNP officers executing Oplan Galugad at a residence in Brgy. Kaunlaran, Quezon City, observed five men playing cara y cruz and arrested them for illegal gambling under PD 1602. A frisk by PO1 Stanley de Guzman yielded from both petitioners single plastic sachets marked “SDG/RP 3/31/17” and “SDG/ME 3/31/17,” later tested positive for 6.10 g and 0.71 g of methamphetamine hydrochloride (“shabu”). The seized items were inventoried and photographed on site in the presence of Barangay Kagawad Nenita Dordas and three media representatives, then brought to theCase Digest (G.R. No. 142420)
Facts:
- Arrest and Seizure
- On March 31, 2017, PNP Station 7, Cubao, Quezon City, conducted Oplan Galugad at 33 1st Palanas St., Brgy. Kaunlaran, QC, after a tip about persons playing cara y cruz with wagers allegedly including illegal drugs. Five male persons, including petitioners Robert Plan, Jr. (“Jun”) and Mark Oliver Enolva (“Mark”), were arrested for violation of PD 1602 (Illegal Gambling).
- PO1 Stanley de Guzman frisked the arrested persons and recovered from each petitioner one plastic sachet containing white crystalline substance (later identified as shabu) and two cellphones with alleged drug-related messages.
- Inventory and Laboratory Examination
- The seized items were marked “SDG/RP 3/31/17” (Plan) and “SDG/ME 3/31/17” (Enolva), inventoried, and photographed at the arrest site in the presence of Barangay Kagawad Nenita Dordas and media representatives Earlo Bringas (Net 25), Jopel Pelenio (DWIZ), and Bam Alegre (GMA 7).
- The plastic sachets were sent to the crime laboratory, where Chemistry Report No. D-565-17 (April 1, 2017) confirmed 6.10 grams and 0.71 gram, respectively, of methamphetamine hydrochloride (shabu).
- Lower Courts’ Decisions
- Regional Trial Court (Dec. 27, 2017) convicted both petitioners under Section 13, Article II of RA 9165 (possession during social gathering) and sentenced Plan to 20 years and 1 day imprisonment plus ₱400,000 fine, and Enolva to 12 years and 1 day plus ₱300,000 fine.
- Court of Appeals (Dec. 12, 2018) affirmed with modification: found petitioners guilty under Section 11, Article II of RA 9165 (illegal possession), applied the Indeterminate Sentence Law (ISL) to Enolva, and imposed corresponding penalties; denial of reconsideration May 24, 2019.
- Petition to the Supreme Court
- Petitioners sought review on certiorari of the CA’s Decision and Resolution, arguing misapplication of law on qualification of Section 13 and irregularities in chain of custody.
- The Supreme Court denied the petition’s relief but modified the conviction to Section 13, Article II of RA 9165, imposed life imprisonment and ₱500,000 fine each, and barred parole.
Issues:
- Whether the prosecution proved beyond reasonable doubt the elements of Illegal Possession of Dangerous Drugs under RA 9165.
- Whether the chain of custody rule under Section 21, Article II of RA 9165 (as amended by RA 10640) was duly complied with, preserving the integrity of the seized shabu.
- Whether possession “in the proximate company of at least two (2) persons” qualifies under Section 13, Article II of RA 9165 for the maximum penalties, irrespective of intent to use the drugs.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)