Case Summary (G.R. No. 177741)
Applicable Law
The relevant statute governing the offenses is Republic Act No. 9165 or the Comprehensive Dangerous Drugs Act of 2002. Specifically, Section 5 pertains to the illegal sale of dangerous drugs, while Section 11 addresses the illegal possession of such drugs.
Procedural History
Initially, Edgar Bolo was charged with two separate cases: Criminal Case No. C-74987 for the illegal sale and Criminal Case No. C-74988 for illegal possession of shabu. Following an order from the Regional Trial Court (RTC) on January 23, 2007, the cases were consolidated for joint trial. The RTC found Bolo guilty beyond a reasonable doubt, sentencing him to life imprisonment and a fine for sale, and a lengthy imprisonment and fine for possession.
Facts of the Case
The evidence submitted by the prosecution indicated that a buy-bust operation was conducted by police officers on April 1, 2006, based on information from a confidential informant. During the operation, Police Officer 1 (PO1) Rolly Jones Montefrio acted as the poseur buyer and successfully purchased shabu from Bolo. Upon the completion of the transaction, police officers immediately arrested Bolo, seizing the buy-bust money and additional sachets containing shabu that were found in his possession.
Defense and Prosecution's Arguments
Bolo's defense primarily relied on claims of denial and being framed by the police. He recounted being at a graduation celebration where police officers appeared and later detained him without just cause. The defense also questioned the proper custody and handling of the seized drugs, suggesting that the procedures outlined in the law were not followed.
Conversely, the prosecution maintained that the operation was conducted lawfully, evidencing the chain of custody through testimonies from the arresting officers and the forensic chemist who confirmed the contents of the seized items as shabu.
Court of Appeals Decision
Upon appeal, the Court of Appeals upheld the RTC's decision, affirming that there was no break in the chain of custody of the confiscated drugs. The appellate court found that the testimonies provided sufficiently established the elements of both charges and that the prosec
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Case Background
- This case involves an appeal by the accused-appellant Edgar Bolo y Franco, challenging the Decision dated April 28, 2011, of the Court of Appeals which upheld the Regional Trial Court (RTC) of Caloocan City's earlier decision.
- The RTC found the accused guilty beyond reasonable doubt for the illegal sale and illegal possession of shabu (Methamphetamine Hydrochloride) under Sections 5 and 11, Article II of Republic Act No. 9165, the Comprehensive Dangerous Drugs Act of 2002.
Charges and Information
- Criminal Case No. C-74987: Accused-appellant was charged with selling shabu on April 1, 2006, without legal authorization. The prosecution presented evidence that he sold 0.21 grams of shabu to a police officer acting as a poseur buyer.
- Criminal Case No. C-74988: The accused was charged with illegal possession of shabu, having in his custody and control three additional sachets weighing 0.19 grams, 0.22 grams, and 0.20 grams, respectively.
Proceedings and Evidence
- The two cases were handled separately but were consolidated for trial after being ordered by the court.
- The prosecution's narrative included the formation of a buy-bust operation by the Caloocan City Police, prompted by a tip about illegal drug activities.
- The police officers involved testified about the buy-bust operation, detailing how the accused was apprehended and the evidence collected.
Defense Testimony
- The accused-appellant presented a defense of denial and alleged frame-up, claiming he was at a graduation celebr