People of the Phils vs Almeida, 418 SCRA 254
Criminal Case Digest:
Digested Cases
Criminal Case No. 1234-SPL
On July 1, 1999, in
the Municipality of San Pedro, Province of Laguna, Philippines, said accused,
without first securing license/permit from the proper authority, have in his
possession, custody and control the following items:
(1) ammunitions for .38 caliber gun (8 pieces)
(2) ammunitions for .45 caliber gun (3 pieces)
(3) ammunitions for .38 caliber gun (3 pieces)
(4) ammunitions for .22 caliber gun (5 pieces)
Criminal Case No. 1235-SPL
On July 1, 1999, in
the Municipality of San Pedro, Province of Laguna, Philippines, the accused
willfully, unlawfully and feloniously sell, pass and deliver to a poseur-buyer
in exchange for P4,500.00 bills methamphetamine hydrochloride “shabu” in
one (1) heat-sealed transparent plastic bag weighing 4.810 grams.
The Prosecution’s Evidence
Responding officers of the PNP
namely: SPO4 Carlito Candelaria (Carlito), SPO4 Teofilo Royena (Teofilo), PO3 Ricardo Umayan (Ricardo), PO3 Victor
Vivero (Vivero) and SPO4 Bonifacio Deroca (Deroca), conducted a buy-bust
operation against appellant, who was reportedly peddling shabu.
Accompanying them was a civilian asset who was to act as the poseur-buyer and
was given P4,500 for that purpose. The selling of “shabu” took place
outside the steel gate of the residence of Vanessa Padua (Vanessa), a live-in
partner of the accused – appellant where the latter is staying. The operation
did victory and evidences were presented and confirmed positive through
laboratory tests.
The Defense’s Evidence
On the evening of
July 1, 1999, said appellant was visiting his girlfriend, Vanessa, at her house
on 34 V. Veragra St., Cuyab, San Pedro, Laguna.
Indeed, those above mentioned Police Men searched the area of the
appellant. To this incident, the appellant filed a complaint against the
Teofilo and Ricardo before the NAPOLCOM and the Office of the Ombudsman for the
“illegal search” and taking the appellant’s money amounting to P130,000.
Held:
The
paragraph to wit:
IN VIEW THEREOF, the court finds that
the prosecution has duly established the guilt of accused beyond reasonable
doubt of the crimes of a Violation of a) Section 16, Article III of RA 6425, as
amended, in Criminal Case No. 1233, b) PD 1866, as amended, in Criminal Case
No. 123[4], and c) Section 15, Article III of RA 6425, as amended, in Criminal
Case No. 1235 without having been permitted by law.
WHEREFORE judgment
is hereby rendered sentencing accused Rolando Almeida y Calvin @ Tata Rolly as
follows:
In Criminal Case No. 1233
1. to suffer the penalty of reclusion
perpetua;
2. pay a fine of P500,000; and
3. to pay costs of suit.
In Criminal Case No. 1234
1. to suffer an indeterminate penalty of
imprisonment of from four (4) years, two (2) months and one (1) day of prision
correctional as minimum to six (6) years of prision correctional as maximum;
and
2. to pay costs of suit.
In Criminal Case No. 1235
1. to suffer an indeterminate penalty of
imprisonment of from six (6) months of arresto mayor as minimum to four (4)
years of prision correctional as maximum; and
2. to pay costs of suit.
A ruling was made to review the appellant’s conviction of illegal
selling of dangerous drugs and the court finds it not compelling to sentence
the appellant for the three (3) charges for the reason of the failure of the
officer to present the evidence as the product of the according to the
appellant as an illegal search and with regards to the ammunitions, the
statement was made and showed that those ammunitions were laid in the floor and
the court finds it that the said ammunitions are not to be considered as
possession of the appellant. As for the charges of selling dangerous drugs, the
police also failed to present the evidence of the marked selling. The court
held reversed and set aside criminal cases nos.: Criminal Cases Nos. 1234-SPL
and 1235-SPL and thereby, held the appellant acquitted. However, conviction of
case no. 1233 is affirmed.
Statement
to wit:
WHEREFORE,
the assailed decision of the Regional Trial Court of San Pedro, Laguna, Branch
31, in Criminal Cases Nos. 1234-SPL and 1235-SPL, is hereby REVERSED and SET ASIDE and appellant,
