Professional Documents
Culture Documents
PEOPLE
199403
OF
THE
PHILIPPINES,
G.R.
No.
Appellee,
Present:
CARPIO, J.,
Chairperson,
BRION,
- versus -
PEREZ,
SERENO, and
REYES, JJ.
GOMER S. CLIMACO,
Promulgated:
Appellant.
x--------------------------------------------------------------x
DECISION
CARPIO, J.:
The Case
Prosecutions Version
Gomer asked for the money and PO1 Ignacio gave it to him, SPO3
Samson and the rest of the team immediately moved in to effect the
arrest of the suspect. Since he was caught in the act, Gomer did not
resist anymore. The team likewise showed Gomer his warrant of
arrest. PO1 Ignacio saw SPO3 Samson frisk and ask Gomer to empty
his pockets. SPO3 Samson was able to recover another plastic sachet,
which was inserted between Gomers fingers. The plastic sachet,
which was the product of the buy-bust, and the one recovered from
Gomer were turned over to SPO4 Teofilo Royena, who turned them over
to the Office of the Special Operation Group located at Brgy. Tubigan,
Bian, Laguna. The plastic sachet product of the buy-bust was marked
TR-B, which means Teofilo Royena and the letter B means
Bust. While the plastic sachet recovered from Gomer was marked
TR-R, which means Teofilo Royena and the letter R means
Recovered. PO1 Ignacio identified the accused Gomer Climaco in
open court. He likewise identified his sworn statement. During the
cross-examination, PO1 Ignacio admitted that he learned of the warrant
of arrest on 7 September 2004 only. It was SPO4 Valverde who
instructed PO Ignacio to conduct surveillance operation against Gomer,
who was engaged in rampant selling of shabu. [5]
Defenses Version
SO ORDERED.[8]
The RTC found that the elements for the crimes of illegal
sale and illegal possession of shabu were sufficiently established
by the prosecution.[9] The RTC held that Climacos defense of
frame-up is viewed with disfavor as it can be easily concocted.
[10]
The RTC gave full faith and credit to the testimony of PO1
Ignacio, and declared the police officers who participated in the
buy-bust operation were properly performing their duties because
they were not inspired by any improper motive. [11]
The Issue
The sole issue in this case is whether the guilt of Climaco for
the crimes of illegal sale and illegal possession of shabu, a
dangerous drug, was proven beyond reasonable doubt.
Q:
When SPO4 Almeida handed over the items to SPO4
Teofilo
Royena, what if any did SPO4 Royena do with the items?
A:
Q:
A:
Q:
A:
the
Q:
B,
you
Im showing to you a plastic sachet with the markings TRplease go over this and tell if this is the same item which
confiscated from the accused?
A:
PROS. CASANO: Your Honor, the brown envelope which contains the
plastic sachet has already been marked as Exhibit C, the plastic
sachet as Exhibit C-1 and the markings TR-B as Exhibit C-2
(Continuing).
xxxx
Q:
A:
Q:
How sure are you that the items marked by SPO4 Teofilo
Royena
TR-R was the same item taken by SPO3 Samson from
the accused?
A:
Because there was a difference between the two plastic
sachets, the
items recovered by SPO3 Samson was a little bit
bigger, maam.
Q:
Im showing to you a bigger plastic sachet with the markings
TR- R, are you referring to this?
A:
Yes, maam.[23]
xxxx
SPECIMEN SUBMITTED:
A One (1) heat-sealed transparent plastic sachet, with markings
GSC1, containing 0.35 gram of white crystalline substance and
placed in a staple-sealed transparent plastic bag. (Allegedly bought by
the Police Poseur-Buyer)
In addition, in the Index of Exhibits submitted by the Officerin-Charge of the RTC, Exhibit C-1 was described as a plastic
sachet with white crystalline substance with markings GSC-1
while Exhibit C-2 was described as a plastic sachet with white
crystalline substance with markings GSC-2, [25] contrary to the
testimony of PO1 Ignacio and the declaration of Prosecutor
Casano that the specimens submitted to the court carried the
markings TR-B and TR-R.
xxxx
The plastic sachet product of the buy-bust was marked TR-B, which
means Teofilo Royena and the letter B means Bust. While the
plastic sachet recovered from Gomer was marked TR-R, which means
Teofilo Royena and the letter R means Recovered. [27] (Emphasis
supplied)
SO ORDERED.
ANTONIO T. CARPIO
Senior Associate Justice
WE CONCUR:
ARTURO D. BRION
Associate Justice
MARIA LOURDES P. A.
SERENO
Associate
Justice
Associate
Justice
BIENVENIDO L. REYES
Associate
Justice
CERTIFICATION
I certify that the conclusions in the above Decision had
been reached in consultation before the case was assigned to the
writer of the opinion of the Courts Division.
ANTONIO T. CARPIO
Senior Associate Justice
(Per Section 12, R.A.
296,
The Judiciary Act of 1948, as
amended)
[1]
CA rollo, p. 54.
[2]
Rollo, p. 14.
[3]
Id. at 16.
[4]
[5]
Id. at 47-48.
[6]
Id. at 12.
[7]
Id. at 48-49.
[8]
Id. at 54.
[9]
[10]
Id. at 52.
[11]
Id. at 53.
[12]
Rollo, p. 14.
[13]
Id. at 12-13.
[14]
Id. at 11.
[15]
[16]
Records, p. 16.
[17]
People v. Roble, G.R. No. 192188, 11 April 2011, 647 SCRA 593, 603.
[18]
Id.
[19]
People v. Alcuizar, G.R. No. 189980, 6 April 2011, 647 SCRA 431, 445.
[20]
Id. at 437.
[21]
Guidelines of the Custody and Disposition of Seized Dangerous Drugs, Controlled Precursors
Essential Chemicals and Laboratory Equipment.
and
[22]
[23]
[24]
Records, p. 16.
[25]
CA rollo, p. 12.
[26]
Records, p. 25.
[27]
[28]