G.R. No. 180508 - People of The Philippines v. Antonio v. Antonio Ramos y Viray - September 2009 - Philipppine Supreme Court Decisions

8/27/2020 G.R. No. 180508 - People of the Philippines v. Antonio v.
onio v. Antonio Ramos y Viray : September 2009 - Philipppine Supreme Court Decisions
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September 2009 Decisions > G.R. No. 180508 - People
ChanRobles of the Philippines v. Antonio v. Antonio Ramos y Viray :
Professional
Review, Inc.
G.R. No. 180508 - People of the Philippines v. Antonio v.

Antonio Ramos y Viray
SECOND DIVISION
ChanRobles On-Line [G.R. NO. 180508 : September 4, 2009]

Bar Review
PEOPLE OF THE PHILIPPINES, Appellee, v.
ANTONIO RAMOS Y VIRAY, Appellant.
DECISION
CARPIO MORALES, J.:
Assailed by way of appeal is the August 7, 2007
Decision 1 of the Court of Appeals in CA-G.R. CR.-H.C.

https://www.chanrobles.com/cralaw/2009septemberdecisions.php?id=1057 1/29
8/27/2020 G.R. No. 180508 - People of the Philippines v. Antonio v. Antonio Ramos y Viray : September 2009 - Philipppine Supreme Court Decisions
No. 02241 which affirmed the March 24, 2006 Decision

of Branch 135 of the Regional Trial Court (RTC) of Makati
City in Criminal Case Nos. 05-1712 to 05-1713
convicting Antonio Ramos y Viray alias Dinol (appellant)
for violating Sections 5 and 11, Article II of Republic Act
(R.A.) No. 9165 (the Comprehensive Dangerous Drugs
Act of 2002) - selling 0.01 gram and possessing 0.05
gram of shabu, respectively.
The inculpatory portions of the two separate

Informations both dated September 14, 2005 indicting
appellant read:
Crim. Case No. 051712
ChanRobles CPA That on or about the 13th day of September 2005, in the
Review Online City of Makati Philippines and a place within the
jurisdiction of this Honorable Court, the above-named
accused, not being lawfully authorized to possess any
dangerous drug and without the corresponding license or
prescription did then and there willfully, unlawfully and
feloniously sell, distribute and transport zero point zero
one (0.01) gram of Methylamphetamine Hydrochloride
which is a dangerous drug in consideration of the
amount of two hundred (Php 200.00) pesos. 2

(Underscoring supplied) cralawlibrary
Crim. Case No. 051713
That on or about the 13th day of September 2005, in the

City of Makati Philippines, a place within the jurisdiction
ChanRobles Special of this Honorable Court, the above-named accused, not
Lecture Series being lawfully authorized to possess any dangerous drug
and without the corresponding license or prescription,
did then and there willfully, unlawfully and feloniously
have in his possession ZERO POINT ZERO FIVE (0.05)
grams of Methylamphetamine Hydrochloride which is a
dangerous drug. 3 (Underscoring supplied) cralawlibrary
At the pre-trial conference, the defense admitted, among

other things, the execution and authenticity of the
Physical Science Reports, thus dispensing with the
testimony of the Forensic Chemist. 4
Based on the documentary evidence and collective
testimonies of its two witnesses, Noel Pulido (Pulido), 5

an operative of the Makati Anti Drug Abuse Council
(MADAC), and PO2 Ronnie Aseboque (PO2 Aseboque), 6

a member of the Makati City Police Station Anti-Illegal
Drugs Special Operations Task Force (SAID-SOTF), the
prosecution established the following version:
On September 10, 2005, Pulido, together with other

operatives of the MADAC, conducted a surveillance
operation on the activities of appellant whose name
appeared in the Drug Watch List of Barangay Pitogo,
Makati City where he was observed to be selling shabu
to tricycle drivers at the tricycle terminal along Pitogo
St., Guadalupe Nuevo, Makati City.
The positive result of surveillance operation led the

Makati City Police SAID-SOTF to form a buy-bust team
which PO3 Esterio Ruiz (PO3 Ruiz) headed, with Pulido
and PO2 Aseboque as members. PO2 Aseboque, who
was designated as the poseur-buyer, was given a one
hundred peso bill bearing Serial No. EF951982, and two
fifty peso bills bearing Serial Nos. GT851008 and
FQ688087. The bills were pre-marked with PO2
Aseboque's initials "REA" on the lower left hand corner
thereof. It was agreed that PO2 Aseboque's removal of a
towel which was to be draped over his shoulder would
signal that the buy-bust transaction was consummated.
The buy-bust team coordinated with the Philippine Drug

Enforcement Agency (PDEA) which gave it operation
Control Number NOC 1309-05-13. 7
At around 6:35 p.m. of September 13, 2005, the buy-

bust team, together with its "asset," repaired to a billiard
hall along Camino de la Fe St., Barangay Guadalupe
Nuevo where Pulido positioned himself across the street
Atty. Nicodemes Upon receipt of the three sachets and tin case on
Tolentino September 13, 2005 at 7:35 p.m., Police Senior
Inspector Sharon Lontoc Fabros, Forensic Chemical
A.C. No. 5955 - Officer of the Southern Police District Crime Laboratory
John Christen S. Office conducted a laboratory examination thereof which
Hegna v. Atty. Goering disclosed the following findings, as recorded in Physical
G.C. Paderanga Science Report No. D-219-05S. 11
SPECIMEN SUBMITTED:
A.C. No. 7297 -
Imdelda Bides-Ulaso
A - One (1) small tin case with markings
v. Atty. Edita Noe-
"REA 3" having three (3) heat-sealed
Lacsamana
transparent plastic sachets, containing white
crystalline substance with the following
A.C. No. 7435 -
markings and recorded net weights:
Rey C. Sarmiento, et
al. v. Atty. Edelson G. A-1 ("REA") = 0.01 gram
Oliva
A-2 ("REA-1") = 0.03 gram
A.C. No. 7547 - A-3 ("REA-2") = 0.02 gram

Gregory U. chan v.
xxx
NLRC Commissioner
Romeo L. Go, et al. F I N D I N G S:
Qualitative examination conducted on the above-stated

A.C. No. 7910 -
specimens A-1 through A-3 gave POSITIVE result to
Wen Ming W. Chen
tests for the presence of Methylamphetamine
a.k.a. Domingo Tan v.
hydrochloride, a dangerous drug. x x x
Atty. F.D. Nicolas B.
Pichay C O N C L U S I O N:
A.M. No. 01-1-04- Specimens A-1 through A-3 contain Methylamphetamine
SC-PHILJA - Re: hydrochloride, a dangerous drug. (Underlining supplied)
Further clarifying and

Denying the accusation, appellant 12 gave the following
strengthening the
version:
organization strcture
and administrative At around 6:45 p.m. of September 13, 2005, while he
set-up of the was walking along Camino Dela Fe Street, Guadalupe
Philippine Judicial Nuevo heading towards his mother's house, he was
Academy suddenly grabbed from behind by five unidentified
persons who poked a gun at him. Upon inquiring what
SPONSORED SEARCHES as the other members of the team positioned themselves

nearby.
dummies law
courtAs the "asset" spotted appellant who was standing in

dates
front of the billiard hall, he, together with PO2 Aseboque,
condominiumapproached
managementhim and introduced PO2 Aseboque as a
buyer. Appellant thereupon asked how much to which he
condominium pasig
(PO2 Aseboque) replied "Dalawang daan lang pare."
condominium unitat once brought out a small yellow-colored tin

Appellant
case from which he took out one small heat-sealed
SPONSORED SEARCHES
transparent plastic sachet containing a white crystalline
condominiumsubstance
management
which he handed to PO2 Aseboque who in
turn handed him the marked one hundred and two fifty
condominium unit
peso bills. At that instant, PO2 Aseboque executed the
pre-arranged signal, drawing the other team members to
executive condominium
rush to the scene.
manila condominium
PO2 Aseboque then handcuffed appellant as he
introduced himself as a police officer, and recovered from
philippines condominium
his right front pocket 8 the yellow tin case which yielded
SPONSORED SEARCHES two other plastic sachets also containing white crystalline
condominiumsubstances.
management In the presence of appellant, he marked his
initials "REA" on the plastic sachet subject of the sale,
executive condominium
"REA 1" and "REA 2" on the two sachets retrieved from
the tin case, and "REA 3" on the small yellow tin case.
manila condominium
With the seized items, appellant was brought for
philippines condominium
investigation to the Makati City Police SAID-SOTF where
P/Supt. Marietto Valerio prepared a memorandum dated
appellate law cases
September 13, 2005 9 addressed to the Chief of the
Chemistry Section of the Philippine National Police (PNP)
Crime Laboratory in Makati City requesting for a
laboratory examination of the substances contained in
September-2009
the three plastic sachets to determine the presence of
Jurisprudence
shabu. Pulido and PO2 Aseboque later executed a Joint
Affidavit of Arrest 10 dated September 14, 2005
A.C. No. 6672 - recounting the details of the buy-bust operation leading
Pedro L. Linsangan v. to appellant's arrest.
A.M. No. 06-3-07- his violation was, he was told that they were looking for
SC - Request for the someone named "Danny." He denied knowing any such
approval of the individual, however. He was then handcuffed, forced into
revised qualification a Revo vehicle parked nearby, and brought to the police
standard for the chief station.
of MISO
At the police station, someone took out a small plastic
sachet and a yellow tin can from a drawer, as another
A.M. No. 2009-04-
said "Sige tuluyan niyo na siya, ito na ebidensiya natin."
SC - Complaint of
Atty. Wilhelmina D. In fine, appellant denied the accusation and claimed that
Geronga againts Mr. the evidence against him was "planted."
Ross C. Romero,
driver, shuttle bus no. Cherry Clasara, 13 a friend of appellant's sister,
5 for reckless driving corroborated appellant's account of the circumstances

under which he was accosted.
A.M. No. CTA-05-2

By Decision 14 of March 24, 2006, the trial court found
- Office of the Court
appellant guilty of both illegal sale and illegal possession
Administrator v.
of Methylamphetamine Hydrochloride or shabu,
Concepcion G.
disposing as follows:
Espineda, etc.
WHEREFORE, it appearing that the guilt of the accused

A.M. No. MTJ-06- ANTONIO RAMOS Y VIRAY was proven beyond
1623 Formerly OCA reasonable doubt for violation of Sections 5 and 11,
IPI No. 04-1635-MTJ, Article II of R.A. 9165, as principal, with no mitigating or
A.M. NO. MTJ-06-1624 aggravating circumstances, accused is hereby
Formerly OCA IPI No. sentenced:
04-1636-MTJ, A.M.
1. In Criminal Case No. 05-1712, to suffer life
NO. MTJ-06-1625
imprisonment, and to pay a fine of Five
Formerly OCA IPI No.
Hundred Thousand Pesos [P500,000.00];
04-1630-MTJ, A.M.
NO. MTJ-06-1627 2. In Criminal Case No. 05-1713, to suffer
Formerly OCA IPI No. imprisonment for an indeterminate term of
04-1661-MTJ, A.M. twelve [12] years and one [1] day, as
NO. P-09-2693 minimum, to fourteen [14] years and eight
Formerly OCA IPI [8] months, as maximum, and to pay a fine
of Three Hundred Thousand Pesos
A.M. No. P-05-2046 [P300,000.00]; and cralawlibrary
Formerly No. 05-6-

159-MCTC - Office of 3. To pay the costs.
the Court Let the zero point zero one [0.01] gram, and the total of
Administrator v. Clerk zero point zero five [0.05] gram of Methylamphetamine
of Court Fe P. Ganzan, Hydrochloride be turned over to the PDEA for proper
MCTC, Jasaan, disposition.
Misamis Oriental
SO ORDERED. 15 (Underscoring supplied) cralawlibrary
A.M. No. P-06-2264

On appeal, the Court of Appeals, by Decision of August
Formerly OCA I.P.I
7, 2007, affirmed the trial court's decision, it holding
Nos. 05-2136-P and
that, contrary to appellant's claim, the policemen had
05-2137-P - Atty. Lelu
duly complied with the procedure laid down in Section 21
P. Contreras v.
(1), Article II of R.A. No. 9165 as evidenced by the
Teresita O. Monge,
testimony of PO2 Aseboque that an inventory of the
Clerk IV, Rigional Trial
seized items had been conducted; and that the failure of
Court - Office of the
the law enforcers to strictly comply with the said
Clerk of Court, Iriga
provision, not being fatal, did not render appellant's
City
arrest illegal nor the evidence against him
inadmissible. 16
A.M. No. P-07-2332
Formerly OCA I.P.I No. In brushing aside his defense of frame-up, the appellate
07-2511-P - Dr. court noted that appellant failed to adduce evidence on
Salome U. Jorge v. the possible motive of the police officers to falsely
Carlos P. Diaz, Deputy charge him.
Sheriff, RTC, Branch
20, Tacurong, Sultan Hence, the present appeal.
Kudarat
The appeal is impressed with merit.
A.M. No. P-08-2433 While the trial court's findings of fact are entitled to
Formerly OCA IPI No. great weight and are not generally disturbed on appeal,
07-2667-P - Judge especially where the appellate court is in complete

Jenny Lind Aldecia- accord therewith as in the present case, where facts of
Delorino v. Marilyn De weight and substance have been overlooked,

Castro Remigio- misapprehended or misapplied, such findings may be
Versosa, Clerk III, disturbed. 17

Regional Trial Court,
On the issue of whether the law enforcement officers had
Branch 137, Makati
observed the procedure laid down in Section 21 (1),
City
Article II of R.A. No. 9165 - a requirement essential to
preserving the integrity of the corpus delicti in these
A.M. No. P-08-2570
Formerly A.M. OCA IPI
No. 07-2547-P - cases, the Court rules in the negative. On that score
Leticia Sales v. Arnel alone, appellant's acquittal is in order.
Jose A. Rubio, Sheriff
A buy-bust operation is a form of entrapment employed
IV, RTC, OCC, Naga
by peace officers to apprehend prohibited drug law
City
violators in the act of committing a drug-related offense.
Because of the built-in dangers of abuse that the
A.M. No. P-09-2685
operation entails, it is governed by specific procedures
OCA-IPI No. 08-2839-
on the seizure and custody of drugs, separately from the
P - P/Supt. Rene
general law procedures geared to ensure that the rights
Macaling Orbe v.
of people under criminal investigation and of the accused
Marcos U. Digandang,
facing a criminal charge are safeguarded. 18 People v.
Process Server,
Regional Trial Court, Tan 19 mirrors these dangers and thus exhorts courts to
Branch 14, Cotabato be extra vigilant in trying drug cases:
City
[B]y the very nature of anti-narcotic operations, the
need for entrapment procedures, the use of shady
A.M. No. RTJ-01-
characters as informants, the ease with which sticks of
1650 Formerly OCA
marijuana or grams of heroin can be planted in the
IPI No. 01-1195-RTJ -
pockets or hands of unsuspecting provincial hicks, and
Margie Corpus Macias
the secrecy that inevitably shrouds all drug deals, the
v. Mariano v. Mariano
possibility of abuse is great. Thus, the courts have been
Joaquin S. Macias,
exhorted to be extra vigilant in trying drug cases lest an
Presiding Judge,
innocent person is made to suffer the unusually severe
Branh 28, Regional
penalties for drug offenses. (Underscoring supplied) cralawlibrary
Trial Court, Liloy,

Zamboanga del Norte The records indicate that the buy-bust team did not
follow the outlined procedure on the inventory and
A.M. No. RTJ-07- photographing of the seized drugs, despite its mandatory
2089 Formerly OCA character as indicated by the use of the word "shall."
I.P.I. No. 07-2659-RTJ This is patent from PO2 Aseboque's testimony on cross-
and A.M. NO. RTJ- examination by the defense, viz:
0921-99 Formerly
OCA I.P.I. No. 07- ATTY. RONALD TAN:
2698-RTJ- Land Bank

Q: What did you do when you recovered
of the Philippines v.
those items, what did you do to those items? cralawred
Judge Ernesto P.
Pagayatan PO2 RONNIE ASEBOQUE:
G.R. No. 132826 - A: I put markings on those items on top of

Rolando Saa v. the hood of the Revo, sir.
Integrated Bar of the
Q: Did you make an inventory of those items
Philippines,
that were recovered?
Commissoion on Bar
cralawred
Discipline, Board of
A: Our team leader made the inventory of the
Governors, Pasig City
items that were recovered sir.
and Atty. Freddie A.
Venida Q: Did your team leader make an inventory
report for those items recovered? cralawred
G.R. NOS. 140743

A: I do not know if he was able to make an
& 140745 and G.R.
inventory report.
NOS. 141451-52 -
City Government of Q: You are aware of the provision of RA 9165,
Tagaytay v. Hon. am I correct? cralawred
Eleuterio F. Guerrero,
etc. et al. A: Yes, sir.
Q: Are you aware that there is a particular

G.R. No. 146534 -
provision that after a buy-bust operation and
Spouses Hu Chuan Hai
you were able to recover illegal drugs from
and Leonica Lim Hu v.
that person subject of your buy-bust, you are
Spouses Renato Unico
mandated to take photographs of those items
and Maria Aurora J.
that you took in the presence of the barangay
Unico
official and presence of the accused? cralawred
G.R. NOS. 147026-

A: Yes, sir.
27 - Carolina R. Javier
v. Sandiganbayan, et Q: Did you do that, did you comply with that
al. requirement in these cases? cralawred
A: We have the camera but I do not know if

G.R. No. 148444 -
they were able to comply with that, sir.
Associated Bank (now
United Overseas Bank Q: You have no knowledge? cralawred
[Phils.]) v. Spouses
Rafael and Monaliza A: I have no knowledge, sir. 20 (Emphasis and
Pronstroller/Spouses underscoring supplied) cralawlibrary
Eduardo and Ma. Pilar

Vaca (Intervenors) Parenthetically, the prosecution did not present team
leader PO3 Ruiz to enlighten whether he accomplished
G.R. No. 149588 - an inventory report of the seized items. And it bears
Francisco R. Llamas, noting that PO2 Aseboque did not even know if a
et al. v. The Honorable photograph of the items allegedly seized was taken.
Court of Appeals, et
Appellant's contention that the apprehending policemen
al.
were remiss in complying with the statutory
requirements is thus well-taken.
G.R. No. 150664 -
Ï‚Î·Î±Ã±rÎ¿blÎµÅ¡ Î½Î¹râ€ Ï…Î±l lÎ±Ï‰ lÎ¹brÎ±rÃ¿
Vicente Dacanay, in
The Court is of course mindful of its pronouncement in
his capacity as
People v. Pringas 21 that:
administrator of the
Testate Estate of Non-compliance by the apprehending/buy-bust team
Tereso D. Fernandez v. with Section 21 is not fatal as long as there is justifiable
Hon. Raphael Prastora ground therefor, and as long as the integrity and the
Sr., etc., et al. evidentiary value of the confiscated/seized items, are
properly preserved by the apprehending officer/team. Its
G.R. No. 151969 - non-compliance will not render an accused's arrest illegal
Valle Verde Country or the items seized/confiscated from him inadmissible.
Club, Inc., et al. v. What is of utmost importance is the preservation of the
Victor Africa integrity and the evidentiary value of the seized items,
as the same would be utilized in the determination of the
G.R. No. 152101 - guilt or innocence of the accused. (Citation omitted,
Emcor, Incorporated v. underscoring and emphasis supplied)
Ma. Lourdes D. Sienes
As earlier discussed, however, the prosecution had not
substantiated PO2 Aseboque's claim that team leader
G.R. No. 152614 -
PO3 Ruiz had made an inventory of the seized items, as
Salvador A. Fernandez
he in fact, confessed not knowing whether said team
v. Cristina D. Amagna
leader had made an investigation report.
G.R. No. 154720 - In fine, the failure of the police officers to comply with
Juan Balbuena and the procedure in the custody of seized drugs puts to
Teodulfo Retuya v.
doubt their origins, 22 and negates any presumption of
Leona Aparicio Sabay,
regularity accorded to acts undertaken by police officers
et al.
in the pursuit of their official duties. 23 Appellant's
acquittal is thus in order.
G.R. No. 156164 -
Sps. Leonardo and WHEREFORE, the assailed decision of the Court of
Milagros Chua v. Hon. Appeals is REVERSED and SET ASIDE. For failure of the
Jacinto G. Ang, et al. prosecution to prove his guilt beyond reasonable doubt,
G.R. No. 157901 - appellant, Antonio Ramos y Viray, is ACQUITTED of the

Orix Metro Leasing crimes charged.
and Finance
Let a copy of this Decision be furnished the Director of
Corporation v. M/V
the Bureau of Corrections, Muntinlupa City who is
"PILAR-I" and Spouses
ORDERED to cause the immediate release of appellant,
Ernesto Dy and
unless he is being lawfully held for another cause, and to
Lourdes Dy
inform this Court of action taken thereon within ten (10)
days from notice.
G.R. No. 157952 -
Jowett K. Golango v. SO ORDERED.
Jone B. Fung
LUCAS P. BERSAMIN*
G.R. No. 158630 Associate Justice
and G.R. No. 162047 -
Endnotes:
Joyce Y. Lim,
represented by her
* Additional member vice Justice Mariano C.
attorney-in-fact
Bernardo M. Nicolas Del Castillo, who took no part due to prior
participation in the Court of Appeals.
G.R. No. 159116 -
1 Penned by Associate Justice Romeo F.
Sps. Nestor and
Barza, with the concurrence of Associate
Felicidad Dadizon v.
Justices Mariano C. Del Castillo (now an
Hon. Court of Appeals
Associate Justice of this Court) and
and Sps. Dominador
Arcangelita M. Romilla-Lontok; CA rollo, pp.
and Elsa Mocorro
66-76.
G.R. No. 159710 - 2 Records, p. 2.

Carmen A. Blas v.
Spouses Eduardo and 3 Id. at 4.
Salud Galapon
4 Vide Pre-Trial Order, id. at 36.
G.R. No. 161902 -

5 TSN. November 7, 2005, pp. 3-16.
Edgar Mercado v.
People of the 6 TSN, February 1, 2006, pp. 2-21.
Philippines
7 Vide Certificate of Coordination, Exhibit "E,"
G.R. No. 162104 - records, p. 76.
R Transport
Corporation v. 8 The records do not specify whether the

Eduardo Pante pocket was a shirt or pant pocket.
9 Exhibits "B," records, p. 71.

G.R. No. 163270 -
Eduardo M. Tomada,
10 Exhibits "A" to "A-1," id. at 69-70.
Sr. v. RFM
Corporation-Bakery 11 Exhibit "C," id. at 73.
Flour Division, et al.
12 TSN, February 3, 2006, pp. 6-19.
G.R. No. 164104 -
13 TSN, March 1, 2006, pp. 2-11.
Philippine National
Bank v. Gregorio B.
14 Rendered by Judge Francisco B. Ibay;
Maraya, Jr. and
records, pp. 89-93.
Wenefrida Maraya
15 Id. at 93.
G.R. No. 164205 -
16 Id. at 72-73.
Oldarico S. Trave o, et
al. v. Bobongon
17 Malillin v. People, G.R. No. 172953, April
Banana Growers
30, 2008, 553 SCRA 619, 631.
Multi-Purpose
Cooperative, et al. 18 People v. Sanchez, G.R. No. 175832,
October 15, 2008, 569 SCRA 194, 208.
G.R. No. 164435 -
Victoria S. Jarillo v. 19 401 Phil. 259, 273 (2000), citing People v.
People of the Gireng, 311 Phil. 12 (1995) and People v.
Philippines Pagaura, 334 Phil. 683 (1997).
20 TSN, February 1, 2006, pp. 21-22.

G.R. No. 164549 -
Philippine National
21 G.R. No. 175928, August 31, 2007, 531
Bank v. Spouses
SCRA 828, 842-843 citing People v. Sta.
Agustin and Pilar
Maria, G.R. No. 171019, February 23, 2007,
Rocamora
516 SCRA 621.
G.R. No. 164815 - 22 Vide People v. Orteza, G.R. No. 173051,

Sr. Inspector Jerry July 31, 2007, 528 SCRA 750, 758.
Valeroso v. Court of
23 Vide People v. Santos, Jr., G.R. No.
Appeals and People of
the Philippines 175593, October 17, 2007, 536 SCRA 489,
505.
G.R. No. 165141 -

Peregina Mistica v.
Republic of the
Philippines
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Emma Ver Reyes and
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G.R. No. 166857 -

D.M. Wenceslao &
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People of the
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Manggagawa ng UST
(SM-UST)
G.R. No. 170072 -

Joaquin P. Obieta v.
Edward Cheok
G.R. No. 170342 -

Allan Dizon v. People
of the Philippines
G.R. No. 170482 -

Manila Electric
Company v. Aguida
Vda. De Santiago
G.R. No. 171018 -

People of the
Philippines v. Elly
Naelga
G.R. No. 171260 -

Amparo Robles
Cabreza v. Ceferino S.
Cabreza Jr., et al.
G.R .No. 171491 -

Dr. Castor C. De Jesus
v. Rafel D. Guerrero
III, Cesario R.
Pagdilao and Fortuna
B. Aquino
G.R. No. 171681 -

Kei Marie and Bianca
Angelica both
surnamed Abrera,
minors, represented
by their parents
Evelyn C. Abrera, et
al. v. Hon. Romeo F.
Barza, in his capacity
as Presiding Judge of
Regional Trial Court,
Branch 61, Makati City
and College Assu
G.R. No. 171984 -

Bandila Maritime
Services, Inc. and/or
Tokomaru Kaiun Co.,
Ltd. v. Rolando
Dubduban
G.R. No. 172217 -

Spouses Lydia Flores-
Cruz, et al. v. Spouses
Leonardo and
Iluminada Goli-Cruz,
et al.
G.R. No. 172447 &

G.R. No. 179404 -
Iglesia Evangelisca
Metodista En Las Islas
Filipinas (IEMELIF),
Inc. v. Nataniel B.
Juane/Nataniel B.
Juane v. Iglesia
Evangelisca Metodista
En Las Islas Filipinas
(IEMELIF), Inc.
G.R. No. 174116 -

Eastern Shipping
Lines, Inc. v.
Prudential Guarantee
and Assurance, Inc.
G.R. No. 175064 -

Province of Camarines
Sur, represented by
Governor Luis
Raymund F.
Villafuerte, Jr. v. Hon.
Court of Appeals and
City of Naga,
represented by Mayor
Jesse M. Robredo
G.R. No. 175172 -

Cresencia Achevara,
Alfredo Achevara and
Benigno Valdez v.
Elvira Ramos, John
Arnel Ramos and
Kristine Camille
Ramos
G.R. No. 175528 -

PO3 Benito Sombilon,
Jr. v. People of the
Philippines
G.R. No. 175490 -

Ileana Dr. Macalino v.
Bank of the Philippines
Islands
G.R. No. 176014 -

Alice Vitangcol and
Norberto Vitangcol v.
New Vista Properties,
Inc., et al.
G.R. No. 176040 -

Casa Cebuana
Incoporada, et al. v.
Ireneo P. Leuterio
G.R. No. 176364 -

Juanito R. Rimando v.
Commission on
Elections and Norma
O. Magno
G.R. No. 176546 -

Felicitas P. Ong v. The
People of the
Philippines
G.R. No. 176700 -

Romero
Montederamos v. Tri-
Union International
Corporation
G.R. No. 177056 -

The Office of the
Solicitor General v.
Ayala Land
Incorporated, et al.
G.R. No. 177066 -

Joselito Musni Puno
(as heir of the late
Carlos Puno) v. Puno
Enterprises, Inc.,
represented by Jesusa
Puno
G.R. No. 177456 -

Bank of the Philippine
Isalands v. Domingo
R. Dando
G.R. No. 177531 -

Civil Service
Commission v. Fatima
A. Macud
G.R. No. 177705 -

Kimberly-Clark
Philippines, Inc. v.
Nora Dimayuga, et al.
G.R. No. 177753 -

People of the
Philippines v.
Benjamin Ocampo
G.R. No. 177836 -

Edwino A. Torres
(deceased),
represented and
substitute by Alfonso
P. Torres III, et al.
G.R. NOS. 177857-

58, G.R. NO. 178193
and G.R. NO. 180705
- Philippine Coconut
Producers Federation,
Inc. (COCOFED),
Manuel V. Del Rosario,
Domingo P. Espina, et
al. v. Republic of the
Philippines
G.R. No. 178034,

G.R. No. 178117 and
G.R. NOS. 186984-85
- Andrew Jame
Mcburne v. Eulalio
Ganzon, et al.
G.R. No. 178485 -

People of the
Philippines v. Mariano
Sapigao, Jr.
G.R. No. 178529 -

Equitable PCI Bank,
Inc (now known as
Banco De Oro-EPCI,
Inc.) v. Heirs of
Antonio C. Tiu, et al.
G.R. No. 178543 -

People of the
Philippines v. Aristo
Villanueva
G.R. No. 178933 -

Recardo S. Silverio, Jr.
v. Court of Appeals
and Nelia S. Silverio-
Dee
G.R. No. 179103

and G.R. NO. 180209
- National Power
Corporation v. Premier
Shipping Lines, Inc.
G.R. No. 179213 -

People of the
Philippines v. Nicolas
Gutierrez y Licunan
G.R. No. 179313 -

Makil U. Pundaodaya
v. Commission on
Elections, et al.
G.R. No. 179319 -

Eugene C. Firaza v.
People of the
Philippines
G.R. No. 179475 -

People of the
Philippines v. Daniel
Sibunga y Agtoca
G.R. No. 179502 -

Progressive Trade &
Service Enterprises v.
Maria Milagrosa
Antonio
G.R. No. 179583 -

Jimmy L. Barnes
a.k.a. James Barnes v.
Teresita C. Reyes, et
al.
G.R. No. 179799 -

Zenaida R. Gregorio v.
Court of Appeals, et
al.
G.R. No. 179862 -

Land Bank of the
Philippines v. Heirs of
Asuncion Anonuevo
Vda. Santos, et al.
G.R. No. 179944 -

People of the
Philippines v. Antonio
Ortiz, et al.
G.R. No. 179985 -

Pdilon L. Martinez v.
B&B Fish Broker
and/or Norberto M.
Lucinario
G.R. No. 180274 -

Virgilio C. Crystal and
Glynna F. Cystal v.
Bank of the Philippines
Islands
G.R. No. 180453 -

Republic of the
Philippines v. Dante C.
Abril, represented by
his Attorney-in-fact,
Manuel C. Blaco, Jr.
G.R. No. 180478-

79 - The Heritage
Hotel of Manila v.
National Labor
Relations Commission,
Rufino C. Ra on II,
and Ismael C. Villa
G.R. No. 180508 -

People of the
Philippines v. Antonio
v. Antonio Ramos y
Viray
G.R. No. 180693 -

Bonifacio Dolera y
Tejada v. People of the
Philippines
G.R. No. 180863 -

Angelita Valdez v.
Republic of the
Philippines
G.R. NOS. 180880-

81 and G.R. NOS.
180896-97 - Keppel
Cebu Shipyard, Inc. v.
Pioneer Insurance and
Surety Corporation
G.R. No. 180888 -

Rolando Placido and
Edgardo Caragay v.
National Labor
Relations Commission
and Philippine Long

Distance Telephone
Company,
Incorporated
G.R. No. 180992 -

Elmer Diamante y
Sioson, et al. v. People
of the Philippines
G.R. No. 181081 -

People of the
Philippines v. Roldan
Arcosiba alias "Entoy"
G.R. No. 181300 -

Malayan Insurance
Co., Inc. v. Jardine
Davies Transport
Services, Inc. and
Asian Terminals, Inc.
G.R. No. 181303 -

Carmen Danao
Malana, et al. v.
Benigno Tappa, et al.
G.R. No. 181503 -

Bio Quest Marketing
Inc. and/or Jose L. Co
v. Edmund Rey
G.R. No. 181613 -

Rosalinda A. Penera v.
Commission on
Elections and Edgar T.
Andanar
G.R. No. 181629 -

People of the
Philippines v. Elizardo
Cabiles alias "SARDO"
G.R. NOS. 181999

& G.R. No. 182001-04
and G.R. NOS.
182020-24 - Ofelia
Caunan v. People of
the Philippines, et al.
G.R. No. 182185 -

Joaquin Ga, Jr., et al.
v. Spouses Antonio
Tabungan, et al.
G.R. No. 182320 -

Tacloban Far East
Marketing
Corporation, et al. v.
The Court of Appeals,
et al.
G.R. No. 183088 -

People of the
Philippines v. Donato
Capco y Sabadlab
G.R. No. 183141 -

Edgardo H. Catindig v.
People of the
Philippines, et al.
G.R. No. 183142 -

Rosita A. Montanez v.
Provincial Agrarian
Reform Adjudicator
(PARAD), et al.
G.R. No. 183387 -

Simeon M. Valdez v.
Financiera Manila Inc.
G.R. No. 183457 -

People of the
Philippines v. Roel
Arbalate, et al.
G.R. No. 183546 -

Wilson A. Go v. Harry
A. Go
G.R. No. 183646 -

Great Southern
Maritime Services
Corp., et al. v. Leonila
Surigao, et al.
G.R. No. 183656 -

Gilbert Zalameda v.
People of the
Philippines
G.R. No. 183802 -

Alexander Tam Wong
v. Catherine Factor-
Koyoma
G.R. No. 183965 -

Joanie Surposa Uy v.
Jose Ngo Chua
G.R. No. 184037 -

Antonio Lopez y Dela
Cruz v. People of the
Philippines
G.R. No. 184225 -

Spouses Rogelio F.
Lopez and Teotima G.
Lopez v. Samuel R.
Espinosa and Angelita
S. Espinosa
G.R. No. 184252 -

China Banking
Corporation v. Sps.
Wenceslao & Marcelina
Martir
G.R. No. 184268 -

Ernesto Batalla v.
Commission on
Elections and teodoro
Bataller
G.R. No. 184285 -

Rodolfo "Rudy"
Canlas, et al. v.
Iluminada Tubil
G.R. No. 184735 -

Miriam B. Elleccion
vda. De Lecciones v.
National Labor
Relations Commission,
et al.
G.R. No. 184958 -

People of the
Philippines v. Anthony
C. Domingo and Gerry
Domingo
G.R. No. 185001 -

Ronnie H. Lumayna,
et al. v. Commission
on Audit
G.R. No. 185203 -

People of the
Philippines v. Domingo
Araojo
G.R. No. 186138 -

People of the
Philippines v. Loreto
Daria y Cruz
G.R. No. 186497 -

People of the
Philippines v.
Hasanaddin Guira y
Bansil
G.R. No. 187043 -

People of the
Philippines v. Lorenzo
Oliva y Rosela
G.R. No. 187156 -

People of the
Philippines v. Melody
Gutierrez y Lauriada
G.R. No. 187503 -

People of the
Philippines v. Tecson
Lim y Chua and
Maximo Flores y
Viterbo
G.R. No. 188456 -

Harry L. Roque, et al.
v. Commission on
Election, et al.
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September 2009 - Philippine Supreme Court Decisions/Resolutions

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Philippine Supreme Court Jurisprudence > Year 2009 >

G.R. No. 180508 - People of the Philippines v. Antonio v.

ChanRobles On-Line [G.R. NO. 180508 : September 4, 2009]

CARPIO MORALES, J.:

Assailed by way of appeal is the August 7, 2007

Decision 1 of the Court of Appeals in CA-G.R. CR.-H.C.

No. 02241 which affirmed the March 24, 2006 Decision

The inculpatory portions of the two separate

Crim. Case No. 051712

amount of two hundred (Php 200.00) pesos. 2

Crim. Case No. 051713

That on or about the 13th day of September 2005, in the

dangerous drug. 3 (Underscoring supplied) cralawlibrary

At the pre-trial conference, the defense admitted, among

Physical Science Reports, thus dispensing with the

testimony of the Forensic Chemist. 4

Based on the documentary evidence and collective

testimonies of its two witnesses, Noel Pulido (Pulido), 5

(MADAC), and PO2 Ronnie Aseboque (PO2 Aseboque), 6

On September 10, 2005, Pulido, together with other

The positive result of surveillance operation led the

The buy-bust team coordinated with the Philippine Drug

Control Number NOC 1309-05-13. 7

At around 6:35 p.m. of September 13, 2005, the buy-

A.C. No. 7547 - A-3 ("REA-2") = 0.02 gram

Qualitative examination conducted on the above-stated

A.M. No. 01-1-04- Specimens A-1 through A-3 contain Methylamphetamine

SC-PHILJA - Re: hydrochloride, a dangerous drug. (Underlining supplied)

Further clarifying and

SPONSORED SEARCHES as the other members of the team positioned themselves

courtAs the "asset" spotted appellant who was standing in

condominium unitat once brought out a small yellow-colored tin

Affidavit of Arrest 10 dated September 14, 2005

Pedro L. Linsangan v. to appellant's arrest.

5 for reckless driving corroborated appellant's account of the circumstances

A.M. No. CTA-05-2

WHEREFORE, it appearing that the guilt of the accused

Formerly No. 05-6-

A.M. No. P-06-2264

07-2667-P - Judge especially where the appellate court is in complete

Delorino v. Marilyn De weight and substance have been overlooked,

Versosa, Clerk III, disturbed. 17

Trial Court, Liloy,

2698-RTJ- Land Bank

G.R. No. 132826 - A: I put markings on those items on top of

G.R. NOS. 140743

Q: Are you aware that there is a particular

G.R. NOS. 147026-

al. requirement in these cases? cralawred

A: We have the camera but I do not know if

Eduardo and Ma. Pilar

G.R. No. 157901 - appellant, Antonio Ramos y Viray, is ACQUITTED of the

G.R. No. 159710 - 2 Records, p. 2.

G.R. No. 161902 -

Corporation v. 8 The records do not specify whether the

9 Exhibits "B," records, p. 71.

20 TSN, February 1, 2006, pp. 21-22.

G.R. No. 164815 - 22 Vide People v. Orteza, G.R. No. 173051,

G.R. No. 165141 -