Case Digest (G.R. No. 228519)
Facts:
Xiuquin Shi, Pet., v. People of the Philippines, G.R. No. 228519, and People of the Philippines v. Sunxiao Xu alias William Chua, Wenxian Hong alias Andy Hong, and Xiuquin Shi alias Kim Sy, G.R. No. 231363, March 16, 2022, Supreme Court Third Division, Lazaro-Javier, J., writing for the Court.
Petitioners/appellants are Xiuquin Shi (also referred to as Kim Sy) and Sunxiao Xu (alias William Chua); Wenxian Hong (alias Andy Hong) was co-accused and convicted but did not pursue further appeal. They were charged by separate Informations dated April 20, 2010 with violations of Sections 5 and 11 of Republic Act No. 9165 (Comprehensive Dangerous Drugs Act of 2002): one count of sale (Crim. Case No. 10-0401) involving 496.73 grams, and one count of possession (Crim. Case No. 10-0400) involving fourteen packs totalling approximately 7,006.68 grams (combined 7,503.41 grams).
On April 18, 2010, a PNP poseur-buyer and backup operatives conducted a buy-bust at a 7-Eleven parking lot in Better Living, Parañaque. The poseur-buyer testified that Chua introduced the deal, led the buyer and confidential informant into a car in which Hong (front passenger) and Sy (rear seat) were present, Hong took a plastic bag from a black traveling bag on his lap and handed it to the poseur-buyer, and payment was given to Chua. When the team closed in, officers recovered the sold packet and, upon opening the front passenger door, discovered a black bag on Hong’s lap containing fourteen sealed sachets of white crystalline substance. The items were transported to Camp Bagong Diwa (about 1–2 km away) where they were marked, inventoried, photographed in the presence of two barangay kagawads (Padilla and Noble), and later brought to the PDEA Crime Laboratory; forensic tests yielded positive results for methamphetamine hydrochloride.
The accused denied the charges and offered a defense story that they were abducted, extorted for money, and framed. Chua and Sy testified to coercion and to demands for large sums; all three submitted judicial affidavits. At trial the prosecution offered testimony from arresting officers (SPO3 Corbe, SPO2 Alcancia, SPO1 Fuentes), photographs, inventory and laboratory reports; the parties stipulated to the proposed testimonies of several PDEA chemists and other custodial witnesses.
By Decision dated March 9, 2012, the Regional Trial Court convicted Chua and Hong of illegal sale (Sec. 5, RA 9165) and all three (Chua, Hong, Sy) of illegal possession (Sec. 11, RA 9165), sentencing them to life imprisonment and P3,000,000 fines; the RTC specifically acquitted Sy of the sale charge but convicted her for possession. The Court of Appeals, in a Decision dated June 6, 2016, ...(Subscriber-Only)
Issues:
- Did the prosecution prove beyond reasonable doubt the elements of illegal sale (Sec. 5, RA 9165) and illegal possession (Sec. 11, RA 9165) alleged against the accused?
- Was Xiuquin Shi constructively in possession (animus possidendi) of the seized drugs such that her conviction for illegal possession is sustainable?
- Did the prosecution maintain an unbroken chain of custody and substantially comply with Section 21, RA 9165, despite deviations (inventory/marking at Camp Bagong Diwa, absence of DOJ/media representatives)?
- Was the defense allegation of frame-up and extortion by the arresti...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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