Case Summary (G.R. No. 258316)
Background of the Case
Norberto Verdadero y Pimentel was charged with two separate counts under Sections 5 and 11, Article II of RA No. 9165. The first charge involved the sale of a small quantity of methamphetamine hydrochloride, or shabu, and the second involved possession of multiple sachets of the same substance without legal authority.
Procedural History
Following his arraignment, where he pleaded "not guilty," the case proceeded to trial. The prosecution presented evidence detailing a controlled buy-bust operation, while the defense set forth a claim of innocence alleging coercion and fabrication of evidence by law enforcement.
Prosecution's Account
On September 27, 2017, a police informant reported Verdadero's alleged drug activities, prompting a buy-bust operation. Senior Inspector Melchor T. Pereja formed a police team to effect the buy-bust. At approximately 12:45 PM, Verdadero allegedly sold a sachet of shabu to the police officer posing as a buyer. During the arrest, additional sachets and marked money were recovered from Verdadero. In accordance with procedure, the seized evidence was marked and inventoried in the presence of witnesses.
Defense's Account
Verdadero's defense claimed he was at a piggery during the time of the alleged sale and argued that he was coerced into admitting ownership of the drugs by police officers who had taken him into custody. The defense contended that the evidence against him was fabricated, and they sought to establish reasonable doubt regarding his guilt.
Ruling of the Regional Trial Court (RTC)
The RTC found Verdadero guilty of both charges. It held that the prosecution had established the elements of illegal sale and possession of dangerous drugs beyond reasonable doubt. The court placed significant weight on the testimony of the arresting officer and found the presence of the physical evidence to be compelling.
Ruling of the Court of Appeals (CA)
Upon appeal, the CA affirmed the RTC's decision, reiterating that the prosecution had effectively proven its case and that the chain of custody of the evidence was intact. The CA held that the defenses presented by Verdadero were insufficient to overcome the presumption of regularity in the performance of police duties.
Supreme Court's Review
The Supreme Court examined the findings and confirmed the need for meticulous adherence to the established protocols concerning the chain of custody of evidence, particularly the requirements under Section 21 of RA 9165. The court highlighted that immediate marking of the seized items in the presence of the accused is essential to m
...continue readingCase Syllabus (G.R. No. 258316)
Case Overview
- The case involves an appeal filed by Norberto Verdadero y Pimentel against the Decision of the Court of Appeals (CA) which affirmed his conviction for violating the Comprehensive Dangerous Drugs Act of 2002 (RA 9165).
- The original ruling from the Regional Trial Court (RTC) found Pimentel guilty of illegal sale and possession of methamphetamine hydrochloride (shabu) in two separate criminal cases.
Background of the Case
- The accused-appellant was charged with violating Sections 5 and 11, Article II of RA 9165 in Criminal Case Nos. 4970-2017-P and 4971-2017-P.
- The charges stemmed from an incident on September 27, 2017, in Barangay Ganduz, Pantabangan, Nueva Ecija where Pimentel was allegedly involved in the sale and possession of shabu.
Prosecution's Version
- A confidential informant reported Pimentel's illegal drug activities to the Pantabangan Police Station, prompting the formation of a buy-bust operation.
- The buy-bust team, led by Police Senior Inspector Melchor T. Pereja, conducted the operation, wherein PO2 Sison acted as the poseur-buyer.
- The transaction was executed in which Pimentel allegedly sold a sachet of shabu to PO2 Sison in exchange for marked money.
- Following the transaction, the police arrested Pimentel and recovered the marked money along with six additional sachets of shabu from his posse