Case Summary (G.R. No. 225219)
Charges Against the Accused
Rico de Asis y Balquin faced multiple charges related to illegal drug activities, specifically:
- Illegal Sale of Dangerous Drugs: Under Section 5, Article II of Republic Act No. 9165.
- Illegal Possession of Dangerous Drugs: Under Section 11, Article II of the same act, involving four sachets of methamphetamine hydrochloride or "shabu".
- Possession of Drug Paraphernalia: Under Section 12, Article II of Republic Act No. 9165, which includes items used for consuming dangerous drugs.
Arrest and Prosecution's Version
The prosecution's account details a buy-bust operation conducted on June 1, 2011, after receiving information from a civilian informant. Agent Gacus, posing as a buyer, purchased shabu from Balquin. Upon executing the operation, the team arrested Balquin after he sold the drug in exchange for marked money. The subsequent search of Balquin's residence uncovered several sachets of shabu and drug paraphernalia, corroborating the illegal activities.
Defense's Version
In his defense, Balquin asserted that PDEA agents entered his home without a warrant and claimed he had been coerced into confessing knowledge of the drugs. He alleged that the drugs and money were planted after the agents assaulted him. The defense contended that the prosecution had failed to establish the credibility of its operations and the integrity of the evidence presented.
Ruling of the Regional Trial Court
On April 15, 2014, the Regional Trial Court (RTC) convicted Balquin of illegal sale and possession of dangerous drugs but acquitted him of the charge related to drug paraphernalia due to lack of evidence showing his possession of such items. The RTC underscored the prosecution's ability to demonstrate the elements of both crimes beyond a reasonable doubt—specifically, identifying the seller, the buyer, and the illegal substance sold—while addressing the compliance with the chain of custody required in drug-related cases.
Ruling of the Court of Appeals
The Court of Appeals affirmed the RTC's decision on April 21, 2016, with modifications to the penalties imposed. It upheld the findings of guilt for illegal sale and possession of dangerous drugs, concluding that the appellate record indicated full compliance with the legal requirements for the chain of custody of drug evidence
...continue readingCase Syllabus (G.R. No. 225219)
Background of the Case
- The appeal arises from the April 21, 2016 Decision of the Court of Appeals (CA) in CA-GR. CR-HC No. 01293-MIN.
- The CA affirmed with modifications the April 15, 2014 Judgment of the Regional Trial Court (RTC) of Cagayan de Oro City, Branch 25.
- Rico de Asis y Balquin (appellant) was found guilty of illegal sale and illegal possession of dangerous drugs, violating Sections 5 and 11 of Article II of Republic Act (RA) No. 9165.
Factual Antecedents
- Appellant was charged in three separate Informations for:
- Illegal sale of dangerous drugs (Criminal Case No. 2011-497).
- Illegal possession of dangerous drugs (Criminal Case No. 2011-498).
- Possession of drug paraphernalia (Criminal Case No. 2011-499).
- The illegal sale involved the sale of 0.05 grams of methamphetamine hydrochloride (shabu) for Php 500.00 during a buy-bust operation.
- The illegal possession charge involved four sachets of shabu weighing 0.03 grams, 0.04 grams, 0.02 grams, and 0.05 grams found on the appellant during the arrest.
- The possession of drug paraphernalia included improvised items used for smoking shabu.
Version of the Prosecution
- The PDEA conducted a buy-bust operation based on information from a civilian informant, leading to the arrest of the appellant.
- During the operation:
- Agents identified the appellant and executed the transaction under controlled condit