Case Summary (G.R. No. 80728)
Charge and Proceedings
Alcuizar was charged under the provisions of Republic Act No. 9165 for illegal possession of shabu, specifically outlined in Section 11, Article II of the Act. The Information stated that on June 15, 2003, in Barangay Awayan, Cebu, he possessed multiple packets of shabu totaling 0.52 grams and other paraphernalia. The case was adjudicated in two separate proceedings involving additional charges, with the current appeal focusing solely on Criminal Case No. CBU-66345 for illegal possession.
Trial and Prosecution's Evidence
During the trial, the sole witness for the prosecution, SPO1 Meliton Agadier, detailed events surrounding a buy-bust operation conducted on June 15, 2003. Following a purchase of shabu from Alcuizar, law enforcement officers executed a search warrant at his residence, recovering various items, including heat-sealed plastic packets believed to contain shabu. A receipt documenting the seized items was prepared in the presence of witnesses, and the items were subsequently forwarded for forensic examination, confirming the substance as methamphetamine.
Trial Court's Judgment
The Regional Trial Court acquitted Alcuizar of two charges related to the illegal sale of drugs and maintaining a drug den but found him guilty of illegal possession of shabu, imposing a sentence of life imprisonment and a monetary fine. The court based its conviction on the presumption of possession, as the drugs were found in Alcuizar's residence, dismissing his claims of denial and allegations of evidence tampering as unsubstantiated.
Appeals Raised
In his appeal, Alcuizar contended various errors committed by the trial court, including failure to prove the corpus delicti due to an unreliable chain of custody, violations of his constitutional rights against double jeopardy, lack of consideration of potentially exculpatory evidence, and insufficiency of the evidence to establish his guilt beyond a reasonable doubt.
Chain of Custody Issues
A central issue in the appeal concerned the integrity of the chain of custody for the evidence. The prosecution was required to demonstrate that the illegal drugs recovered were the same as those examined in court. The Court highlighted the importance of maintaining a precise chain of custody to prevent tampering. Key failures were identified, including delayed marking of the evidence and lack of sufficient witness corroboration regarding the inventory of seized items.
Importance of Compliance with Protocols
The Court noted that while certain procedural lapses in following the guidelines prescribed in Section 21 of Republic Act No. 9165 do not automatically invalidate the prosecution's case, the failure to comply raised significant doubts regarding the integrity of the corpus delicti. The lack of immediate marking at the scene of the arrest and the failure to provide a copy of the inventory receipt further compounded these doubts.
Testimony and Lack of Corroboration
The testimony from the barangay tanod who arrived late to the scene
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Case Background
- The case involves an appeal by Alberto Bacus Alcuizar against a decision from the Regional Trial Court (RTC), Branch 17 of Cebu City, affirming his conviction for illegal possession of dangerous drugs under Republic Act No. 9165.
- Alcuizar was initially charged with multiple offenses, including illegal sale, maintaining a drug den, illegal possession of dangerous drugs, and illegal possession of drug paraphernalia across several criminal cases.
- The current appeal pertains specifically to Criminal Case No. CBU-66345, which involves the illegal possession of shabu.
Charges and Incident Details
- The Information alleged that on June 15, 2003, Alcuizar was found in possession of various quantities of shabu (methamphetamine hydrochloride) without legal authority.
- The items confiscated included twenty-six heat-sealed plastic packets containing a total of 0.52 grams, a heat-sealed pack weighing 10.26 grams, two strips of tin foil with traces of white powder, and another heat-sealed packet with 0.02 grams.
Trial Proceedings
- Upon arraignment, Alcuizar pleaded not guilty. During the pre-trial, the defense did not dispute the authenticity of the forensic chemistry report.
- The prosecution's case relied on the testimony of SPO1 Meliton Agadier, who described the buy-bust operation that led to A