THE PEOPLE OF THE PHILIPPINES vs GERARDO ORTEZA, G.R. No.

173051 July 31, 2007

FACTS: A team comprised of police officers was formed to conduct a buy-bust operation at Block 9, San Nicolas, Tarlac City on 19 November 2002 to apprehend suspected drug peddlers. The suspects have previously been under a week-long surveillance after the police officers received reports about their illegal activities. The team with its back-up arrived at the place at around nine oclock in the evening of said date. The appointed poseur-buyer SPO1 Ramos, together with the informant, approached the two (2) suspects Leng Leng and Buboy while the back-up team positioned itself nearby. SPO1 Ramos purchased one (1) sachet of shabu for One Hundred Pesos (P100.00) from Buboy. Then, SPO1 Ramos gave the pre-arranged signal. Immediately, the rest of the team rushed to the scene and placed the two (2) suspects under arrest. After a body search, the marked money was recovered from Buboy and another sachet of shabu was confiscated from Leng Leng. Thereafter, the suspects were brought to Camp Macabulos where Buboy identified himself as Gerardo Orteza. ISSUE: Whether or not the accused is guilty of the crime of Violation of Section 5, Article II of Republic Act 9165? RULING: All told, the totality of the evidence presented in the instant case did not support appellants conviction for violation of Section 5, Article II, R.A. No. 9165, since the prosecution failed to prove beyond reasonable doubt all the elements of the offense. Accordingly, the presumption of innocence should prevail and the exoneration of appellant declared as a matter of right. Appellant GERARDO ORTEZA y ORTEZA is ACQUITTED of the crime charged on the ground of reasonable doubt. THE PEOPLE OF THE PHILIPPINES vs SALVADOR SANTOS, JR. y SALVADOR G.R. No. 175593 October 17, 2007 FACTS: Tougan, who was assigned at the Intelligence Section of the San Mateo, Rizal Police Station, together with SPO1 Arellano and PO2 Pontilla received information from their civilian informant, at around 9:50 p.m. on 28 August 2002, that a certain Badong Santos was selling illegal drugs. The police officers right away planned the arrest of herein appellant and they agreed that Tougan would act as a poseur-buyer. Together with the civilian informant, they headed to appellants residence. There, Arellano and Pontilla positioned themselves more or less ten (10) meters away from the house where they could observe the impending transaction without being noticed. Appellant opened the gate and upon seeing the civilian informant uttered, Pare. The civilian informant replied, Pare, kukuha kami ng panggamit. Tougan handed appellant the marked money worth P200.00 which bore Tougans initials, JLT. After taking the money, appellant went back inside the house and returned with a plastic sachet of shabu. Tougan got hold of the plastic sachet of shabu, held appellants hand and introduced himself as a policeman. Tougan then directed appellant to empty his pockets of their contents. Tougan recovered the two (2) one hundred peso bills used as marked money and twelve (12) plastic sachets of shabu contained inside a white box. The police officers thereafter brought appellant to the police station. ISSUE: Whether or not accused is guilty with illegal sale and possession of shabu in violation of Sections 5 and 11, Article II of Republic Act No. 9165? RULING: Concededly, the evidence of the defense is weak and uncorroborated. This, however, cannot be used to advance the cause of the prosecution as the evidence for the prosecution must stand or fall on its own weight and cannot be allowed to draw strength from the weakness of the defense. Accused is acquitted.