PEOPLE v. ARCE

People of the Philippines Vs. Adalton Arce y Camargo

G.R. No. 217979

February 22, 2017

FACTS:

Accused-appellant Adalton Arce y Camargo was charged in two separate Informations, 1) Criminal Case No. 2010-20075. That on or about the 5th day of August 2010, in the City of Dumaguete, Philippines, and within the jurisdiction of this Honorable Court, the said accused not being then authorized by law, did then and there willfully, unlawfully, and feloniously sell to a poseur buyer one (1) matchbox of dried marijuana leaves, stalks and seeds containing a net weight of 4.24 grams, a dangerous drug. Contrary to Sec. 5, Art. II of R.A. 9165, and 2) Criminal Case No. 2010-20076, That on or about the 5th of August 2010, in the City of Dumaguete, Philippines, and within the jurisdiction of this Honorable Court, the said accused not being then authorized by law, did then and there willfully, unlawfully, and feloniously possess seven (7) matchboxes of dried marijuana, leaves, stalks and seeds containing a total weight of 29.36 grams, a dangerous drug.

That the accused has been found positive for the use of methamphetamine, a dangerous drug, as reflected in Chemistry Report No. CDT-057-10. Contrary to Sec. 11, Art. II of R.A. 9165.

When arraigned, accused-appellant pleaded not guilty to both charges.

The facts according to the prosecution were summarized by the CA as follows: The facts as established by the prosecution show that around 10:00 o’clock in the morning of 5 August 2010, SPO2 Dario Paquera received a phone call that a certain Adalton Arce, appellant herein, was engaged in the illegal sale of marijuana under the “Daang Taytayan” (old bridge) at Purok Mansanitas, Canday-ong, Dumaguete City. Acting on the tip-off, SPO2 Paquera called PO1 Roderick Maquinta, PO2 John Mark Buquiran, and other policemen to a short briefing for the conduct of a buy-bust operation. During the briefing, PO1 Maquinta was tasked to act as the poseur-buyer, while PO2 Buquiran was to assist PO1 Maquinta in arresting the suspect. SPO2 Paquera then gave PO1 Maquinta a one (1) hundred peso bill to buy marijuana from the suspect. After the briefing, PO1 Maquinta, PO2 Buquiran, and other police officers, together with the members of the Barangay Intelligence Network, proceeded to Daang Taytayan at Purok Mansanitas, Canday-ong. Upon reaching the target area at around 4:00 o’clock in the afternoon, the police officers immediately spotted appellant Arce at Daang Taytayan. PO1 Maquinta and PO2 Buquiran then went down the bridge to approach appellant. As PO1 Maquinta and PO2 Buquiran got closer, appellant met them and asked if they wanted to buy marijuana. PO1 Maquinta answered “Yes.” Appellant then asked how much they were going to buy, to which PO1 Maquinta replied, “One hundred pesos.”

Upon receiving the P100 bill marked money, appellant took one (1) matchbox and gave it to PO1 Maquinta. After verifying that the contents of the matchbox were dried marijuana leaves, stalks, and seeds, PO1 Maquinta held appellant’s hands, introduced himself as a police officer, and placed appellant under arrest. Appellant resisted, resulting to a scuffle between him and PO1 Maquinta. With PO2 Buquiran’s help, PO1 Maquinta eventually restrained appellant.

After placing appellant under arrest, PO1 Maquinta conducted a body search, and found seven (7) more matchboxes containing marijuana. PO1 Maquinta also recovered the P100 marked bill and money of different denominations totaling to an amount of P435.00. PO1 Maquinta then marked the first matchbox, the subject of the buy-bust operation, with “ACA-BB 08/05/10”, while the seven other matchboxes recovered from the body search, with “ACA-P1 08/05/10” to “ACA-P7 08/051/10”. As PO2 Jonathan Abucayon was making inventory of all the confiscated items in the presence of representatives of the media, the Department of Justice [DOJ], the Philippine Drug Enforcement Agency [PDEA], and an elected barangay official, PO1 Maquinta took several photographs of the evidence.

PO2 Abucayon later prepared a Certificate of Inventory which was signed by PO1 Maquinta and PO2 Buquiran, together with media representative Reysan Elloran, DOJ representative Chilius Benlot, PDEA Special Investigator 2 Ivy Claire Oledan, and Barangay Kagawad Ronnie Pasunting. Afterwards, appellant was brought to the Dumaguete City Police Station for investigation. At the police station, PO1 Maquinta prepared a Memorandum Request for Laboratory Examination and Drug Test on appellant, signed by Police Chief Inspector Errol Texon Garchitorena, Jr. Appellant was later brought to Philippine National Police (PNP) Crime Laboratory in Dumaguete City, together with the seized specimens, for laboratory examination. The recovered evidence brought by PO1 Maquinta was personally received by Forensic Chemist Police Inspector (PCI) Josephine Suico Llena. Urine samples were also collected from appellant.

At the crime laboratory, Forensic Chemist PCI Llena re-marked the matchbox marked “ACA-BB 08/05/10” as specimen “A”, while other matchboxes respectively marked “ACA-P1 08/05/10” to “ACA-P7 08/05/10” were re-marked as specimens “B” to “H”. The laboratory examination report showed that the seized leaves, stalks, and seeds yielded positive for marijuana, a dangerous drug. Appellant was further found positive for the use of methamphetamine hydrochloride or shabu, also a dangerous [drug]. Meanwhile, the defense interposed the following facts:

In defense, appellant denied having sold and possessed marijuana. He denied having used shabu. According to appellant, he was sitting and drinking at the dike of Daang Taytayan at Purok Mansanitas at around 3:00 o’clock in the afternoon of 05 August 2010, when PO1 Maquinta and an “asset” arrested him and, without any provocation, started beating him. Done with the maltreatment, these two persons brought him to the upper portion of the dike, where a neighbor Damang Poblacion who was handcuffed was sitting down along with SPO2 Paquera. Five (5) minutes later, the policemen brought out several matchboxes containing marijuana. Afterwards, he was subjected to a body search, and his money amounting to more than P400 was confiscated. He was then brought to the police station, along with Damang Poblacion. He later learned that Damang Poblacion was released for reasons unknown to him. The trial court found the accused guilty beyond reasonable doubt of violating Sections 5 and 11, Article II of R.A. 9165. Accused-appellant tiled an appeal before the CA alleging that the trial court erred (1) in giving credence to the incredible and inconsistent testimonies of the prosecution witnesses; and (2) in convicting him of the crimes charged despite the failure of the prosecution to prove his guilt beyond reasonable doubt.

The CA, however, affirmed the ruling of the lower court

ISSUE :

Whether or not the accused-appellant is guilty beyond reasonalbe doubt of violating Sections 5 and 11, Article II of Republic Act No. (R.A.) 9165, otherwise known as the “Comprehensive Dangerous Drugs Act of 2002.” 

HELD : 

 The Court DENIED the Appeal. . The assailed Decision dated 21 November 2014 issued by the Twentieth Division of the Court of Appeals Cebu City in CA-G.R. CR-H.C. No. 01583 is AFFIRMED with a minor modification: accused-appellant in Criminal Case No. 2010-20075 is held GUILTY beyond reasonable doubt of the offense of illegal sale of 4.24 grams of marijuana.