Case Summary (G.R. No. 229675)
Background of the Case
G.R. No. 229675 involves an appeal by John Orcullo y Susa challenging his conviction under Section 5, Article II of RA 9165, which criminalizes the illegal sale of dangerous drugs. The appeal followed the RTC's ruling that affirmed the evidence presented by the prosecution and found Orcullo guilty of selling Methamphetamine Hydrochloride (shabu) during a buy-bust operation conducted on October 29, 2010.
Overview of the Prosecution’s Evidence
In the proceedings, the prosecution presented testimonies from law enforcement officers involved in the buy-bust operation. According to the evidence, law enforcement received a tip regarding drug activities in Quezon City. A poseur-buyer engaged Orcullo, who allegedly sold him shabu in a deal worth P125,000. The officers testified that after the exchange, they arrested Orcullo and recovered the buy-bust money.
Key Aspects of the Prosecution
- IO1 Jake Million and IO1 Joanna Betorin testified regarding the setup and execution of the operation, including the roles of the informant and their procedures during and after the arrest.
- Although the evidence was collected in the presence of a barangay kagawad, it was noted that representatives from the media and the Department of Justice were absent during the inventory, which raised questions about compliance with the law governing evidence management.
The Defense's Argument
Orcullo presented a defense claiming unlawful arrest and coercion, asserting that he was at home working on a personal project when law enforcement officers invaded his premises. He denied the charges, contending that police officers forced him to confess and did not follow proper procedures in handling evidence.
Ruling of the Regional Trial Court
The RTC found Orcullo guilty, asserting that the prosecution had met its burden of proof, despite some lapses in procedural adherence regarding evidence handling. The court underscored the overall credibility of law enforcement and the integrity of the evidence chain. Orcullo was sentenced to life imprisonment and a fine of Php 500,000.
Ruling of the Court of Appeals
The Court of Appeals affirmed the RTC's ruling, finding the elements of the crime established. The CA noted the practical difficulties faced by law enforcement during the raid and justified procedural delays, concluding that while there were some deviations from protocol, the integrity of the seized items was not compromised.
Grounds for the Appeal
The Public Attorney's Office, representing Orcullo, appealed on two primary grounds: 1) that the buy-bust operation was invalid, and 2) that the prosecution failed to preserve the evidence chain of custody. They argued that the apparent breaks in the chain compromised the validity of the evidence presented.
Supreme Court's Assessment and Decision
The Supreme Court noted significant procedural failures in the management of the evidence, particularly the absence of necessary witnesses as stipulated by RA 9165 during the inventory process. The Court expressed concern regarding the failure to establish a clear custody chain for the seized items and
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The Case
- G.R. No. 229675 is an appeal challenging the Decision dated 9 February 2016 by the Court of Appeals (CA) in CA-G.R. CR-HC No. 07174.
- The CA upheld the Decision dated 2 October 2014 of the Regional Trial Court (RTC) of Quezon City, Branch 82, in Criminal Case No. Q-10-167303.
- John Orcullo y Susa (appellant) was convicted of violating Section 5, Article II of Republic Act No. 9165 (RA 9165).
The Facts
- The RTC summarized that John Susa Orcullo was charged with violating Section 5, Article II of RA 9165.
- The Information indicated that on 29 October 2010, in Quezon City, Orcullo allegedly sold and distributed five plastic sachets containing Methamphetamine Hydrochloride (shabu) without lawful authority.
- The total weight of the seized drugs was approximately 4.5402 grams, 4.4722 grams, 4.4134 grams, 4.4243 grams, and 4.3959 grams, respectively.
- Orcullo filed a Petition for Bail on 09 November 2010, which was denied on 27 February 2012.
- Upon arraignment on 01 December 2010, Orcullo, assisted by counsel, entered a plea of not guilty.
The Evidence for the Prosecution
Testimony of IO1 Jake Million
- Testified about receiving a report on alleged drug trade activities on 29 October 2010.
- The informant negotiated a deal for 25 grams of shabu worth P125,000.00.
- IO1 Betorin was designated as the poseur-buyer; they prepared a Pre-Operation Report and coordinated with the local police.
- The buy-bust operation occurred around 2:00 p.m., where Orcullo was arrested after delivering the shabu.
- The buy-bust money was recovered from Orcullo, and photographs