G.R. No. 198270 - Morillo vs. People

On January 4, 2007, petitioner Anisah Impal Sangca filed a petition for a writ of habeas corpus, seeking the release of Lovely Impal Adam, who was detained for an alleged violation of Section 5, Article II of Republic Act No. 9165 (the Dangerous Drugs Act of 2002).
The central allegation was that Adam had been engaged in illegal drug trafficking activities, based on prior intelligence received by law enforcement.

In the first week of July 2006, the Philippine Drug Enforcement Agency (PDEA), Regional Office VII, received intelligence that indicated Adam was involved in illegal drug trafficking in Cebu City and its neighboring areas.
Acting on this information, Police Chief Inspector Josefino Ligan, along with PDEA VII Asst. Regional Director for Administration/Operation and other operatives (FO1 Rayford A. Yap and PO2 Dindo M. Tuliao), planned an entrapment operation.
A pre-operation briefing was conducted wherein responsibilities were delineated:

Yap was assigned to receive the drug (shabu) and confirm its identity.
Tuliao was designated as the backup and the arresting officer.
The team prepared a Pre-Operation Report and coordinated with the Tactical Operation Center of the Cebu City Police Office for support.

A pre-arranged signal was set in case the transaction was consummated: Yap would miscall team members to alert them.

On July 7, 2006, at approximately 2:00 P.M., Yap and Tuliao initiated contact with an informant to verify the credibility of the intelligence.
Later on the same day, around 9:30 P.M., the team proceeded to Fuente OsmeAa, Cebu City.

Yap and the informant went to Pizza Hut while Tuliao and other team members maintained surveillance from a parking area.
Upon arrival, they encountered respondent Lovely Adam y Impal, who was already present.
The informant introduced Yap to respondent as a former customer.

During a brief conversation in Pizza Hut, Yap inquired if respondent had the item (shabu); she confirmed that it was in her car at the parking area.
Respondent pressed for the whereabouts of the money, to which Yap replied that payment would be given once the item was received.
Respondent then led Yap to her car where she took out one medium-sized, heat-sealed transparent plastic sachet containing a white crystalline substance believed to be shabu from her Toyota Fortuner (plate number YCX 965).
Upon verifying the substance as shabu, Yap triggered the pre-arranged signal by miscalling team members and then identified himself as a PDEA operative, leading to the arrest of the respondent.
Tuliao assisted in apprehending the suspect, and both the cellular phone and the vehicle were seized as evidence.

The seized sachet of drug, marked “LA” dated 07-07-06 and weighing 50.27 grams, tested positive for Methamphetamine Hydrochloride (shabu) at the PNP Crime Laboratory.
In the police blotter and accompanying records, there was a conflicting report mentioning the recovery of "3 bundles of boodle money" and an interchange of facts involving another individual (Roberto Rubi), suggesting errors or confusion in the recording of evidence.

Respondent denied involvement in drug trafficking, claiming she was engaged in the trading of ready-to-wear clothing.
She stated that on July 7, 2006, at approximately 10:00 P.M., she was at Pizza Hut with her four children and domestic helpers ("yayas"), attending to a business matter involving a friend (Ana) who owed her money.
According to her account, while leaving Pizza Hut, she experienced a vehicle obstructing her path. Subsequently, men (posing as PDEA elements) boarded her car, demanded her green bag (allegedly containing items exchanged in a separate transaction involving Ana and a woman named Rose), and arrested her under the pretext of drug trafficking.
The narrative included intertwined accounts of another suspect, Ryan Rubi, whose arrest and subsequent conversation with respondent further complicated the factual matrix.

The inquest prosecutor recommended dismissing the case; however, the City Prosecutor of Cebu City overruled this recommendation.
Criminal Case No. CBU-77562 was filed before the Regional Trial Court of Cebu City, Branch 58 charging respondent with violation of Section 5, Article II of R.A. No. 9165.
On reviewing the case, then-Secretary of the Department of Justice, Raul M. Gonzalez, found no probable cause against respondent:

A thorough scrutiny revealed that no payment (buy-bust money) was ever made or alleged in the affidavits of the arresting officers.
The absence of any mention of buy-bust money in the Pre-Operation Report or the certificate of inventory was highlighted.

Subsequent motions, including PDEA’s motion for reconsideration, were denied by the Justice Secretary.
Judge Gabriel T. Ingles, presiding over the case at RTC Branch 58, subsequently granted the motion to withdraw the information on January 26, 2007, and ordered respondent’s immediate release unless another valid ground for continued detention was established.

Whether the alleged buy-bust operation satisfied the essential elements of a drug trafficking offense under R.A. No. 9165, particularly the requirement of establishing the “delivery of the thing sold and the payment therefor.”
Whether the absence of clear evidence regarding the payment (buy-bust money) undermined the credibility of the charge against respondent.

The impact of discrepancies in the affidavits (specifically the lack of mention of buy-bust money) and conflicting entries in the police blotter records.
Whether the inadvertent interchange of facts related to another individual (Roberto Rubi) in the records affected the integrity of the evidence against respondent.

Whether the release of respondent, pursuant to the RTC’s order on January 26, 2007, rendered the petition for habeas corpus moot.
The implications of the petitioner’s claim in light of the respondent’s current state of liberty.