Case Summary (G.R. No. 159418-19)
Charges and Initial Proceedings
On August 8, 1994, an Information was filed against both accused for the unlawful transport and delivery of approximately 40,768 grams of marijuana. They were arraigned on October 10, 1994, and entered separate pleas of not guilty. The trial commenced, during which the prosecution presented several witnesses who recounted their involvement in a buy-bust operation leading to the respondents' arrest.
Buy-Bust Operation and Arrest
Maj. Nilo Anso led the arresting team, having received information about illegal drug sales at Cash and Carry Supermarket. Conducting surveillance and a sting operation, they observed the respondents and apprehended Kimura after he allegedly handed a package of marijuana to an accomplice. Kizaki fled the scene in a separate vehicle but was arrested two days later while dining with friends.
Defense Strategies
The defense for both respondents relied on alibi and denial. Kimura testified he was in Kizaki’s home prior to the incident, while Kizaki claimed he was at his residence with witnesses at the time of the alleged drug transaction. Despite their individual defenses, both claimed to have never been in possession of marijuana on the night in question.
Lower Court's Findings
On June 27, 1997, the Regional Trial Court of Makati City found both respondents guilty beyond reasonable doubt, sentencing them to reclusion perpetua and a fine of P500,000 each. The court emphasized the weakness of the defense of alibi and denial in light of the positive identification made by the prosecution's witnesses.
Key Issues on Appeal
The appellants contested the trial court's disregard for their defense, arguing that the prosecution failed to convincingly establish their guilt beyond reasonable doubt. They also raised issues concerning the legality of Kizaki's arrest and questioned the integrity of the chain of custody of the seized marijuana.
Chain of Custody and Evidence Issues
The prosecution’s failure to comply with procedural standards for drug evidence handling was highlighted. Crucially, none of the arresting officers marked the seized marijuana packages at the time of confiscation, leading to reasonable doubt about the identity of the evidence presented in court.
Decision and Rationale
Ultimately, the appellate court ruled in favor of the respondents, reversing the trial court's
...continue readingCase Syllabus (G.R. No. 159418-19)
Case Overview
- The case involves appellants Tomohisa Kimura and Akira Kizaki, who appeal the decision of the Regional Trial Court (Branch 66) in Makati City, which found them guilty of violating Section 4, Article II of Republic Act No. 6425, as amended by R.A. No. 7659, also known as the Dangerous Drugs Act of 1972.
- The trial court sentenced each appellant to reclusion perpetua and a fine of P500,000.00.
- The prosecution alleges that the appellants conspired to transport and deliver approximately 40,768 grams of Indian hemp (marijuana) on June 27, 1994.
Background of the Case
- An Information was filed against the appellants on August 8, 1994, detailing their involvement in drug trafficking activities.
- Upon their arraignment on October 10, 1994, both accused pleaded not guilty, leading to a trial.
Prosecution Evidence
- Prosecution witnesses included various officers from the Narcotics Command (NARCOM), who testified about the surveillance and subsequent buy-bust operation conducted at the Cash and Carry Supermarket.
- Major Nilo Anso received a tip about drug sales occurring at the supermarket and organized a team to conduct surveillance.
- A buy-bust operation was initiated where PO3 Cadoy acted as a poseur-buyer, using marked money to purchase drugs from the suspects.
- After the purchase, the police operatives arrested Koichi Kishi and observed the arrival of Kimura and Kizaki in a white Nissan Sentra.
- The police arrested Kimura after observing him transfer a package of marijuana to another individual, while Kizaki fled the scene.
Arrest and Evidence Collection
- Following the arrest of Kimura, the police inspected the Sentra and foun