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14 People v Bocadi
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People v BOCADI
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17 People vs Ale Criminal Due 04.Fraud

Audiobooks 145 Scra 50 Process Crimina… Default &
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prosecution+ It ruled that the prosecution #as a$le to prove the
fact that $oth accused #ere caught in flagrante delicto in a valid
$u&%$ust operation+ It noted that the defense of denial offered $&
the accused cannot overturn the presu"ption of regularit& in the
perfor"ance of official duties accorded to the apprehending
officers+ A conspirac& #as also found+
1A: Affir"ed decision in toto+
#ss&e'
6+ 8hether the trial courts erred in upholding the e7istence and
validit& of the $u& $ust operation conducted $& the @!I>
14. People v Rodolfo Bocadi and Alberto Baticolon
Facts
4:30 in the afternoon (Special Investigator) Arnaldo Fineza and
Miguel Dungog of the @!I received info fro" an infor"ant that
there #ould $e an open%sale of Sha$u in !aranga& 'ooc and a
tea" #as for"ed after verif&ing infor"ation and Fineza posed
as the $u&er to handle the "arHed "one& #hile ID*A #as
infor"ed of the "atter+ Fineza along #ith t#o infor"ants #ere
"et $& four "en as the& reached the locus cri"inis in !aranga&
'ooc and t#o of the" #ere identified as !aticolon+ !ocadi later
on, allegedl&, offered the" sha$u+ -hus the transaction #ent on
and the "arHed "one& #as paid+

?+ 8hether the trial courts erred in ruling that conspirac& to sell
illegal drugs #as esta$lished $& the prosecution>
3+ 8hether the trial courts erred in convicting !aticolon of the
cri"e charged despite the fact that his guilt #as not proven
$e&ond reasona$le dou$t>
(eld'
-he group i""ediatel& arrested !ocadi and during this ti"e the
other suspects, including !aticolon, #ere pro"pted to scatter
and escape+ SI Fineza and one of the infor"ants pursued and
caught up #ith !aticolon #ho ran inside a near$& house+
!aticolon #as apprehended and dragged $acH to the locus
criminis+ SI Fineza infor"ed the accused of the nature of their
arrest and of their constitutional rights+ SI Fineza then pre%
"arHed the sachet of suspected shabu+

6+ %O. B!) B!$" WA$ VAL#D. In the prosecution of a case of
illegal sale of dangerous drugs, it is necessar& that the
prosecution is a$le to esta$lish the follo#ing essential ele"ents:
(6) the identit& of the $u&er and the seller, the o$@ect of the sale
and the consideration< and (?) the deliver& of the thing sold and
its pa&"ent+ 8hat is "aterial is the proof that the transaction or
sale actuall& tooH place, coupled #ith the presentation in court of
the corpus delicti as evidence+ -he deliver& of the illicit drug to
the poseur%$u&er and the receipt $& the seller of the "arHed
"one& successfull& consu""ate the $u&%$ust transaction+
-he evidence for the prosecution clearl& esta$lished all these
ele"ents+ -he prosecution proved that a valid $u&%$ust
operation #as conducted #ith SI Fineza as the $u&er and
!aticolon, in connivance #ith !ocadi, as the sellers of the
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shabu+ 'iHe#ise, the prosecution presented in evidence the
plastic sachet containing shabu as the o$@ect of the sale and
proved Scribd
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that I300+00 #as received as consideration thereof+
Finall&, the deliver& of the shabu sold and its pa&"ent #ere
½
clearl& testified to $& the prosecution #itnesses+
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?+ @P+ -a*5* IS 1P@SII5A1;+ It #as clearl& esta$lished $&
the Direct *7a"ination conducted to the person of the herein
defendants+
3+ @P+ -a* Z@!5PT*@ 1aAI@ PF 1ZS-PD; 8AS
SZFFI1I*@- -P *S-A!'ISa -aIS+ 8 e have previousl& ruled
that as long as the state can sho# $& record or testi"on& that
the integrit& of the evidence has not $een co"pro"ised $&
accounting for the continuous #herea$outs of the o$@ect
evidence at least $et#een the ti"e it ca"e into the possession
of the police officers until it #as tested in the la$orator&, then the
prosecution can "aintain that it #as a$le to prove the guilt of the
accused $e&ond reasona$le dou$t
D#$PO$#"#VE POR"#O%'
W(EREFORE, the instant appeal is DE%#ED+ -he Decision
dated ?B Ma& ?00B of the 1ourt of Appeals in 1A%S+5+ 15%a1
@o+ 00C0B AFF#R*#%+ the 2oint 2udg"ent of the 5egional -rial
1ourt finding 5odolfo !ocadi & Apatan and Al$erto, !aticolon &
5a"irez +!#L") $e&ond reasona$le dou$t of selling shabu in
violation of Section =, Article II of 5epu$lic Act @o+ B6d=,
other#ise Hno#n as the E1o"prehensive Dangerous Drugs Act
of ?00?,E sentencing the" to each suffer the penalt& of life
i"prison"ent and ordering the" to each pa& a fine of Five
aundred -housand Iesos (I=00,000+00) is here$& AFF#R*ED+
SI Fineza then ph&sicall& searched !ocadi and discovered fro"
hi" another sachet of suspected shabu+ -his #as also pre%
"arHed $& SI Fineza+ SI Fineza also recovered the "arHed
"one& fro" !aticolon after a search #as "ade on the latter.s
person+
Su$se/uentl&, the suspects, as #ell as the seized and
recovered ite"s, #ere $rought to the @!I Pffice #here these
#ere photographed and inventoried+ -he inventor& #as
prepared, signed and #itnessed $& SH&1a$le "edia "an
2uancho Sallarde, Barangay 'ooc Taga#ad 5ogelio -alavera,
Agent Dungog and ID*A representative SIP6 Manuel
Sanchez+
-he seized ite"s #ere then $rought to the @egros Priental I@I
Irovincial 1ri"e 'a$orator& for la$orator& e7a"ination+ -ests
results revealed that the contents of the t#o confiscated sachets
&ielded positive for "etha"pheta"ine h&drochloride or "ore
co""onl& Hno#n as shabu+ -he urine sa"ples fro" the t#o
accused also confir"ed the presence of shabu.
Version of the Defense
!oth accused denied the allegations against the"+ Alleging that
!aticolon #as "erel& resting in his house #hen he heard
so"eone call out his na"e+ 8hen !aticolon responded, a "an
$& the na"e of 8alter Adarna (8alter) $arged inside his house
and &anHed hi" out+ 8alter is allegedl& a Hno#n police asset
#ith #ho" !aticolon had a previous altercation+ 8hile outside,
8alter punched !aticolon on the sto"ach and told the latter that
he can finall& e7act his revenge+ -hereafter, 8alter $odil&
searched !aticolon and tooH his #allet+ !aticolon #as thereafter
handcuffed and $rought to the @!I office together #ith co%
accused !ocadi+ !aticolon testified that !ocadi ca"e into the
picture onl& #hen the latter #as asHed $& 8alter to pinpoint his
house+ !aticolon.s version #as corro$orated $& defense #itness
Ma&%Ma& Artus, a neigh$or of !aticolon #ho allegedl& sa# the
entire incident+
LOWER @O!R" DE@#$#O%$
5-1: 9SZI'-;< FI@* =00T< 'IF* IMI5ISP@M*@-< !asis: Illegal
Sale of Sha$u (for $oth)< !ocadi #as also found guilt& of illegal
possession<
-he trial court held that the ele"ents of illegal sale of drugs
#ere clearl& esta$lished through the evidence presented $& the

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