Case Digest (G.R. No. 172603)
Facts:
In Michael TaAamor y Acibo v. People of the Philippines (G.R. No. 228132, March 11, 2020), petitioner Michael TaAamor was charged under an Information dated February 25, 2014 in Dumaguete City, Negros Oriental, with the illegal sale of three sachets of methamphetamine hydrochloride, weighing approximately 0.61 gram, in violation of Section 5, Article II of Republic Act No. 9165 (the Comprehensive Dangerous Drugs Act of 2002), as amended. His co-accused, Junfil PiAero, escaped during the buy‐bust operation, leaving TaAamor to be the sole respondent before the Regional Trial Court (RTC) of Dumaguete City, Branch 30. At trial, the prosecution presented testimony and laboratory reports to prove a valid buy‐bust operation, inventory and preserving of evidence, and positive chemical tests on both the exhibits and petitioner’s urine sample. TaAamor, however, denied involvement, claiming he was forcibly taken from an eatery earlier in the day, that no buy‐bust transpired, and that polic...Case Digest (G.R. No. 172603)
Facts:
- Charge and Pre-Trial
- Informant tipped off police in January 2014 about Michael TaAamor (petitioner) and co-accused Junfil PiAero as illegal drug dealers.
- An Information (Crim. Case No. 2014-22151, RTC Dumaguete, Branch 30) was filed alleging that on February 25, 2014 in Barangay Tinago, Dumaguete City, petitioner and PiAero in conspiracy sold three heat-sealed sachets of “shabu” (0.61 g methamphetamine hydrochloride) to a poseur-buyer, violating Sec. 5, Art. II of RA 9165.
- PiAero escaped during the buy-bust; petitioner was the only accused arraigned. He pleaded not guilty, and trial ensued.
- Prosecution Evidence
- Surveillance and Test-Buy
- PO2 Buenaflor and PO1 Briones, under instructions from the Provincial Anti-Illegal Drugs SOTG, conducted surveillance and a test-buy to confirm identities and drug dealings of petitioner and PiAero.
- A buy-bust operation was set for 6:00 PM on February 25, 2014, with PO2 Buenaflor as poseur-buyer carrying a marked P500 bill.
- Buy-Bust Operation and Arrest
- At the target site, PO2 Buenaflor signaled the deal; PiAero handed three sachets of white crystalline substance to the poseur-buyer but instructed petitioner to collect the money.
- Upon petitioner’s receipt of the marked money, officers effected arrest; PiAero slipped away; marked money was recovered from petitioner.
- Inventory and Laboratory Examination
- The three sachets were marked, sealed in a brown envelope, and taken to Dumaguete City Police Station where an inventory was conducted before petitioner, Barangay Kagawad Canete, a DOJ representative, and a media practitioner.
- Chemistry Report No. D-069-14 by PCI Llena at the Negros Oriental Provincial Crime Laboratory confirmed the substance as methamphetamine hydrochloride; petitioner’s urine also tested positive.
- Defense Evidence
- Petitioner’s Testimony
- Claimed no buy-bust occurred; alleged forcible abduction at around 10:00 AM of February 25, 2014 from LL Eatery by unidentified men who brought him to an unmarked vehicle.
- Alleged a warrantless search yielded only personal items (cellphone, battery, P500), then he was shown three sachets and pressured to admit ownership; detained, interrogated, and later taken to police station where he saw pieces of paper placed under his P500 bill and the sachets planted.
- Corroborating Witnesses
- Eleno TaAamor (petitioner’s father) testified he searched for his son in police stations and was told he was not there; only found him around 8:00 PM at Dumaguete City Police Station.
- Elias Laturnas testified he witnessed petitioner’s forcible removal from LL Eatery in February 2014.
Issues:
- Whether the lower courts erred in convicting petitioner for illegal sale of shabu under Sec. 5, Art. II of RA 9165, considering alleged lapses in the chain of custody and inventory requirements.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)