Case Summary (G.R. No. 171578)
Charges and Accusations
Buenaventura was charged under two Informations: the first for selling a brick of marijuana weighing 879.488 grams for P2,400.00 to a poseur buyer, Police Inspector Roberto Palisoc Jr., and the second for possessing nine bricks of marijuana totaling 7,877.858 grams. The alleged offenses occurred on April 13, 2002, within the jurisdiction of the Regional Trial Court (RTC) of Mandaluyong.
Prosecution's Evidence
The prosecution established that law enforcement received a report about Buenaventura selling marijuana. Following a surveillance operation, they executed a buy-bust operation in which the appellant was identified as the seller. The operation culminated in Buenaventura’s arrest, during which police found the drugs in his possession. Laboratory tests confirmed the presence of marijuana in the seized items.
Defense's Version
In his defense, Buenaventura contended that he was wrongfully arrested without just cause. He claimed that while conversing with others on the street, he was approached by police who asked for his identity; after confirming it, he was handcuffed and taken to his house. The police then allegedly entered his home without a warrant and later planted the drugs.
Trial Court's Decision
On June 10, 2004, the RTC found Buenaventura guilty of both charges. The court emphasized the credibility of the prosecution witnesses over the appellant's testimony, thus affirming the buy-bust operation's legitimacy and the absence of ill motive from the police officers involved in the arrest.
Appeal to the Court of Appeals
Buenaventura appealed to the Court of Appeals, raising several issues concerning the validity of his arrest and the jurisdiction of the police officers who arrested him without a warrant. He argued that the arrest and subsequent search were unlawful under Philippine law.
Ruling of the Court of Appeals
On November 22, 2005, the appellate court upheld the RTC's decision, stating that Buenoaventura had waived his objections to the validity of the arrest by submitting himself to the court's jurisdiction. The court affirmed the legality of the warrantless arrest under Rule 113, Section 5 of the Rules of Court, which allows for such an action when a person commits an offense in the officer's presence.
Discussion of Evidence and Legal Standards
The appellate court confirmed that the essential elements of the crimes charged were established. The prosecution demonstrated that the accused knowingly sold and possessed marijuana, and the court found the testimonies of law enforcement officials credible and persuasive. The jury’s ruling was that the buy-bust operation was carried out lawfully.
Appellant's Claims on Non-Compliance with the Law
Buenaventura contended that the police did not adhere to specifics mandated by R.A. 9165 regarding the inventory and photography of seized items. However, as the buy-bust operation occurred before R.A. 9165 came into effect, these provisions were deemed inapplicable.
Findings on Arrest and Search
The validity of the warrantless arrest was affirmed due to the officers witnessing
...continue readingCase Syllabus (G.R. No. 171578)
Overview of the Case
- The appellant, Herminio Buenaventura y Recto, was charged with two counts before the Regional Trial Court (RTC) of Mandaluyong under Republic Act No. 6425, also known as the Dangerous Drugs Act.
- The charges included violation of Section 4 for the illegal sale of marijuana and Section 8 for illegal possession of marijuana.
- The events occurred on April 13, 2002, in Mandaluyong City, wherein Buenaventura was accused of selling and possessing marijuana without lawful authority.
Charges and Allegations
First Information (Sale of Prohibited Drug):
- Date: April 13, 2002
- Location: Mandaluyong City
- Accusation: Selling one brick of marijuana weighing 879.488 grams for P2,400 to P/INSP. Roberto Palisoc, Jr., acting as a poseur buyer.
Second Information (Possession of Prohibited Drug):
- Date: April 13, 2002
- Location: Mandaluyong City
- Accusation: Possessing nine bricks of marijuana totaling 7,877.858 grams without lawful authority.
Prosecution's Evidence
- The prosecution presented evidence indicating a buy-bust operation initiated following a tip-off about Buenaventura's drug activities.
- The operation involved:
- Surveillance conducted by police officers who confirmed Buenaventura's identity and activities.
- Preparation of marked money amounting to P2,400 for the transaction.
- The buy-bust operation commenced with P/Insp. Palisoc approaching Buenaventura, whereupon he facilitated the sale of the drug.
- Upon arrest, police officers conducted a search of Buenaventura's residence, recovering a black bag containing nine bricks of marijuana.
Laboratory Findings
- Forensic examination confirmed that the seized bricks contained marijuana.
- The total weight of the marijuana recovered