Case Summary (G.R. No. 114261)
Charges and Court Proceedings
The appellant, along with Donald Pilay and Irene Martin, was accused of violating Section 21(b) of Article IV in relation to Section 4, Article II of Republic Act No. 6425, as amended. The charge pertained to the unauthorized sale and/or delivery of marijuana, specifically one kilo of dried marijuana leaves, on April 7, 1993. The prosecution argued that the three conspired to sell the prohibited drug to an undercover police officer, leading to the arrest of the appellant and her co-accused.
Prosecution's Case Overview
The case initiated when two informants reported to Chief Inspector Evasco that a couple in Quirino Hill, Baguio City, was selling marijuana. Subsequently, a buy-bust operation was organized, during which the poseur-buyer, PO2 Apduhan, was given P600 to purchase marijuana. Upon arrival at the location, Apduhan was introduced to the appellant as a buyer. The appellant negotiated a price of P600 and later produced a package with marijuana, which was handed over to Apduhan. A signal prompted law enforcement to execute the arrest; while Irene Martin attempted to flee, the appellant and Donald Pilay were apprehended.
Defense's Argument
The defense contended that the appellant did not engage in the sale of marijuana and claimed that the two informants, Gloria and Emma, were the ones carrying the illegal substance. Appellant asserted she was at home cooking and denied interacting with the individuals during the supposed drug transaction. The defense pointed out discrepancies in the weight of the marijuana, with a forensic chemist indicating it weighed only 99.5 grams during a later examination, contrary to the prosecution's claim of one kilo.
Trial Court's Decision
On January 4, 1994, the trial court found Berly Fabro guilty of selling marijuana and sentenced her to life imprisonment and a fine of P20,000. The court ordered the confiscated marijuana to be forfeited to the state for destruction. Donald Pilay was acquitted due to insufficient evidence proving his guilt, while Irene Martin remained at large with an alias warrant issued for her arrest.
Appeal and Rationale
In her appeal, the appellant maintained that her guilt was not proven beyond a reasonable doubt and invoked three main arguments: the discrepancy in the weight of the seized marijuana, the absence of the marked money used in the transaction, and the allegation that Irene Martin was the real perpetrator. The court found these grounds unpersuasive. The weight of evidence substantiated that the marijuana indeed weighed one kilogram at the time of seizure, significantly supported by forensic reports. Furthermore, while the marked money was not recovered, it was established that its absence did not undermine the prosecution’s case since t
...continue readingCase Syllabus (G.R. No. 114261)
Case Overview
- Court: Supreme Court of the Philippines
- Date: February 10, 2000
- G.R. No.: 114261
- Participants:
- Plaintiff-Appellee: People of the Philippines
- Accused-Appellant: Berly Fabro y Azucena
- Co-accused: Donald Pilay y Calag and Irene Martin (the latter remains at large)
Charges and Legal Basis
- Charge: Violation of Section 21 (b) Article IV, in relation to Section 4, Article II of Republic Act No. 6425 (the Dangerous Drugs Act).
- Details of Charge: The accused conspired and aided one another in the sale and delivery of one (1) kilo of dried marijuana leaves to a poseur-buyer, PO2 Ellonito Apduhan, on April 7, 1993, in Baguio City.
Background Facts
- Initial Report: At approximately 5:00 PM on April 7, 1993, Chief Inspector Allyn Evasco received information from two informants, Gloria and Emma Borce, regarding a couple selling marijuana in Quirino Hill, Baguio City.
- Buy-Bust Operation: Following the report, a buy-bust operation was organized involving two police teams. PO2 Ellonito Apduhan was designated as the poseur-buyer with P600.00 given as purchase money.
- Execution of Operation: The operation commenced at around 5:45 PM. Appellant met the poseur-buyer and negotiated the price for marijuana, ultimately agreeing to sell one kilo for P600.00.
Transaction Details
- Meeting with the Accused: Appellant led the poseur-buyer to a house behind hers to retrieve the contraband, returning with another accused, Irene Martin.
- Exchange of Money and Marijuana: The poseur-buyer received the marijuana after handing over the marked money, leading to the immediate arrest of Berly Fabro and Donald Pilay, while Irene Martin fled.
Evidence and Prosecution Case
- Confiscated Item: The