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  • Cabitac - People v. Casacop

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    1) A buy-bust operation was conducted based on a tip that a man named Edong was selling shabu in Quezon Street. An undercover officer approached the appellant, was introduced as a buyer by an informant, and received a plastic sachet containing shabu in exchange for money. 2) The appellant was arrested and brought to the police station. A forensic chemist confirmed the seized items tested positive for methamphetamine hydrochloride or shabu. 3) Both the trial court and appellate court found the appellant guilty beyond reasonable doubt of violating the dangerous drugs act. The Supreme Court affirmed the conviction, finding that the elements of the crime were established and the chain of custody was proven.

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    1) A buy-bust operation was conducted based on a tip that a man named Edong was selling shabu in Quezon Street. An undercover officer approached the appellant, was introduced as a buyer by an informant, and received a plastic sachet containing shabu in exchange for money. 2) The appellant was arrested and brought to the police station. A forensic chemist confirmed the seized items tested positive for methamphetamine hydrochloride or shabu. 3) Both the trial court and appellate court found the appellant guilty beyond reasonable doubt of violating the dangerous drugs act. The Supreme Court affirmed the conviction, finding that the elements of the crime were established and the chain of custody was proven.

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    180 views1 page

    Cabitac - People v. Casacop

    Uploaded by

    Reino Cabitac
    1) A buy-bust operation was conducted based on a tip that a man named Edong was selling shabu in Quezon Street. An undercover officer approached the appellant, was introduced as a buyer by an informant, and received a plastic sachet containing shabu in exchange for money. 2) The appellant was arrested and brought to the police station. A forensic chemist confirmed the seized items tested positive for methamphetamine hydrochloride or shabu. 3) Both the trial court and appellate court found the appellant guilty beyond reasonable doubt of violating the dangerous drugs act. The Supreme Court affirmed the conviction, finding that the elements of the crime were established and the chain of custody was proven.

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    Cabitac, Juan Reino Jr. C.

    People v. Casacop, G.R. No. 210454, January 13, 2016


    Facts: Acting on a tip from an informant that a. certain Edong was selling shabu in Quezon Street,
    Barangay San Antonio, San Pedro, Laguna. SPO4 Dela Pena, Senior Police Officer of then
    formed a buy-bust team. Thereafter, the buy- bust team proceeded to the target area. POl Signap
    and the informant approached appellant's house. PO1 Signap was introduced to appellant by the
    informant as the buyer of shabu. He handed the marked money, consisting of three (3) P100.00
    bills, to appellant, who took a plastic sachet from his left pocket and gave it to him. PO1 Signap
    conducted a physical inventory of the seized items and correspondingly marked them in
    appellant's house.
    Appellant was brought to the police station. Thereat, SPO4 Dela Pena prepared a certificate of
    inventory. A request letter was sent to the Philippine National Police (PNP) Crime laboratory for
    the examination of the seized items. Forensic Chemist Donna Villa P. Huelgas issued Chemistry
    Report which confirmed the seized items as positive for methamphetamine hydrochloride or
    shabu.
    RTC finds the accused guilty beyond reasonable doubt of crime of violation of RA 9165. CA
    affirms in toto.
    Issue: W/N Chain of Custody of the object evidence was established.
    Ruling: For the successful prosecution of a case for illegal sale of shabu, the following elements
    must be proven:
    (1) the identity of the buyer and the seller, the object and the consideration; and
    (2) the delivery of the thing sold and the payment therefor.
    On the other hand, in prosecuting a case for illegal possession of dangerous drugs, the following
    elements must concur:
    (1) the accused is in possession of an item or object, which is identified as a prohibited
    drug;
    (2) such possession is not authorized by law; and
    (3) the accused freely and consciously possessed the drug.
    All the elements in the prosecution for illegal possession of dangerous drugs and paraphernalia
    were likewise established. Found in appellant's pocket after he was caught in flagrante were two
    (2) more plastic sachets containing shabu, an improvised glass tooter containing shabu residue
    and the rolled aluminum foil with shabu residue. Under Rule 126, Section 13, a person lawfully
    arrested may be searched for anything which may have been used or constitute proof in the
    commission of an offense without a warrant. There was no showing that appellant had legal
    authority to possess the shabu and its paraphernalia. Moreover, the fact that these contrabands
    were found in his physical possession shows that he freely and consciously possessed them.
    The decisions of the RTC and CA are affirmed, and the penalty is sustained of crime of illegal
    possession of shabu.

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