Case Summary (G.R. No. 69986)
Charges and Allegations
On August 11, 2003, details emerged that led to two Informations being filed against the appellant. The first, under Criminal Case No. 03-2917, charged her with the illegal sale of methylamphetamine hydrochloride (shabu), specifically alleging that on August 9, 2003, she sold 0.03 grams of shabu for P100 without the necessary authorization. The second charge, under Criminal Case No. 04-1407, accused her of illegal drug use, stating that she tested positive for shabu after her arrest on the same date.
Arraignment and Pre-Trial
Upon arraignment, the appellant pleaded not guilty to both charges. The subsequent pre-trial phase culminated in a trial where the prosecution presented evidence detailing the buy-bust operation conducted by the Chief of the Drug Enforcement Unit of the Makati Philippine National Police, who coordinated with a confidential informant.
Buy-Bust Operation Details
During the operation, the buy-bust team comprised several officers. On August 9, 2003, they positioned themselves strategically near Barangay La Paz, Makati City. The operation commenced when the informant introduced PO2 Barrameda, assigned as the poseur-buyer, to the appellant. Following the exchange of marked money for a plastic sachet containing shabu, the police officers executed the arrest based on the pre-arranged signal from Barrameda.
Evidence Presentation and Appellant's Defense
Subsequently, the seized plastic sachet was tested at the PNP Crime Laboratory, confirming it contained shabu. The appellant, however, denied selling the drug, asserting she was wrongfully arrested and had not been involved in any drug transactions.
Regional Trial Court Ruling
On April 5, 2006, the RTC convicted the appellant for the sale of shabu in Criminal Case No. 03-2917, sentencing her to life imprisonment and a fine of P500,000. Nonetheless, she was acquitted in Criminal Case No. 04-1407 due to insufficient evidence.
Appeal to the Court of Appeals
The appellant's conviction was upheld by the Court of Appeals on August 25, 2010, dismissing her appeal. The CA noted that the positive identification of the appellant by police officers and the corroborating testimony of others in the buy-bust operation were strong evidences against her claims of a wrongful arrest and inadequate verification of her identity.
Legal Considerations on Arrest and Evidence
The Court examined the legality of the appellant's warrantless arrest and the related chain of custody for the seized drug. It clarified that the arrest was lawful as it occurred in flagrante delicto—during the commission of the offense. The Court emphasized that the appellant failed to object to the alleged illegality of her arrest before entering her plea
...continue readingCase Syllabus (G.R. No. 69986)
Case Background
- On August 11, 2003, two Informations were filed against Gloria Nepomuceno y Pedraza for violations of Republic Act No. 9165, specifically:
- Criminal Case No. 03-2917 for the illegal sale of Methylamphetamine Hydrochloride (shabu).
- Criminal Case No. 04-1407 for the illegal use of dangerous drugs.
- The charges specified that on August 9, 2003, in Makati City, the accused sold and used shabu without authorization.
- During arraignment, the appellant pleaded not guilty to both charges.
Prosecution's Case
- The prosecution presented a buy-bust operation orchestrated by the Drug Enforcement Unit (DEU) of the Philippine National Police (PNP).
- A confidential informant (CI) reported that the appellant was selling shabu, leading to the formation of a buy-bust team.
- Police officers were briefed and provided with marked money for the operation.
- On the day of the operation, the team positioned themselves strategically near the appellant's location.
- The CI introduced the poseur-buyer, PO2 Vicente Barrameda, to the appellant, who then sold him shabu in exchange for P100.00.
- After the transaction, the police apprehended the appellant and recovered the buy-bust money and the plastic sachet containing shabu.
- The seized item was sent for laboratory examination, which confirmed it contained shabu.
Defense's Argument
- The appellan