CRIM DIGESTS: CRYSTAL

1.PP vs Salvador Sanchez

FACTS: On September 6, 2011 Salvador Sanchez
was arrested for violation of Section 5, Article II of
RA 9165 (Sale, Trading, Administration,
Dispensation, Delivery, Distribution and
Transportation of Dangerous Drugs and/or controlled
precursors and essential Chemicals) during a buy
bust operation lead by SPO2 Levi Sevilla. At around
4:30 at Talipapa Novaliches QC, an informant arrived
and told the officers stationed therein of someone
selling shabu. A pre-operational report was
submitted for the operation, then at 5:00 pm they
arrived at the edge of Lualhati St., Manotok Sbdv.
Baesa, QC and found Sanchez. Sevilla approached
him. Sevilla said that he needed shabu to lose
weight then paid a 100-peso marked money to
Sanchez in exchanges of 0.2 grams of crystalline
substance consisting of methylampetamine
hydrochloride (shabu). Sevilla, scratched his head as
a signal, then introduced himself as a police officer
and apprehended Sanchez along with SPO1 Brigido
An, PO3 Virgilio Bernardo, PO2 Manny Paulilis and
PO1 Cecil Collado, took the marked money and the
sachet of shabu- marking it with his initials LS and
SS.
The lower court ruled that Sanchez is guilty beyond
reasonable doubt. Upon appeal, on the contention
that the prosecution failed to establish that the
substance tested was the actual sachet taken from
Sanchez , also ruled in favor of the prosecution, in
consideration of Sevillas prior testaments and cases
handles as well as his lack of motive to present false
testimony.

unit(indicates type, time and general area of

operation, vehicles and firearms to be used, the
respective names of the poseur-buyer and members
of the buy bust
2. Photocopy of the marked money
3. Joint affidavit of entrapment signed by the
poseur-buyer
And upon arrest, the accused shall undergo physical
inventory (the list shall be signed by his
representative, councesl, member of media, DOJ or
any elected public official) and photograph of the
evidences seized in the presence of the accused.
The requirements cited above are due to the great
possibility of abuse among officers. The provision
regulates such operation through specific
procedures on seizure and custody. However, noncompliance is not necessarily fatal to the contention
of the prosecution as for as long as the non
compliance is under justifiable grounds and the
integrity and the evidentiary value of the seized
items are properly preserved.
b. The chain of custody was violated as, upon the
surrender of Sevilla of the items to the desk officer,
the information on how the item was endorsed to
the laboratory for testing cannot be stated in detail.
c. Acquitted. The prosecution failed to establish that
the evidence taken from the buy bust operation was
the same evidence that undergone examination in
the lab although the lab results proved that it was
one of the dangerous drugs prohibited.
2. Manuela Flores AKA Wella

FACTS: On July 28, 2009, an informant arrived at

Manila Police District and disclosed that a certain
alias Wella was selling illegal drugs at Basan St. cor.
a. Whether or not the police officers committed NonPalanca St. Quiapo Manila. PSI Harris Ebes then
Observance of the requirements under Sec 21 of RA
created a team to conduct the buy bust operation.
9165 and (b) violated chain of custody
ISSUE:

At 8:30 pm the team arrived at the place. A tomboy,

who was later identifies at Wella asked: Kukuha ba
kayo? to the poseur-buyer PO3 Rodelio Salvador
who then answered: Oo kukuha kami panggamit
HELD:
lang. Wella then gave Salvador one of the 6
a. Yes. Pursuant to Section 21 of RA 9165, in order to sachets of methylampethamine hydrochloride,
prove the legitimacy of the buy bust operation, the
Salvador paid, then removed his cap to signal the
following are required:
apprehension. The other sachets were seized and
labeled for identification of MS and MS1 to MS5 for
1. a pre-operation report bearing the unit
the others.
control number signed by the desk officer, police
chief and team leader of the drug enforcement
c. WON Sanchez is guilty of violation of Sec 5,
Article II of RA 9165

Wella was inventoried and the seized iotographed in

her presence at the precint. The sachets of shabu
were turned over to PO3 Elymar Garcia, the
investigator who then requested for laboratory
examination. The evidences tested positive for
shabu. Wella was then guilty of violation of Section
5, Article II of RA 9165 (Sale, Trading,
Administration, Dispensation, Delivery, Distribution
and Transportation of Dangerous Drugs and/or
controlled precursors and essential Chemicals) and
Section 11 (Possession of Dangerous Drug). Appeal
was denied in CA and now Wella is seeking acquittal
on the ground that the officers violated the chain of
custody.

ISSUE: the issue in this case is whether the

appellate court erred in affirming the petitioners
conviction.
HELD: No reversible error was committed by the
appellate court as well as the trial court in finding
the herein petitioners guilty as charged.
As obscenity is an unprotected speech which the
State has the right to regulate, the State in pursuing
its mandate to protect, as parens patriae, the public
from obscene, immoral and indecent materials must
justify the regulation or limitation.

One such regulation is Article 201 of the Revised

Penal Code. To be held liable, the prosecution must
prove that (a) the materials, publication, picture or
HELD: No. It is evident upon the facts that no
literature are obscene; and (b) the offender sold,
violation of chain of custody was made and every
exhibited, published or gave away such materials.13
step of transfer of the seized shabu was
documented and detailed as well as the compliance Necessarily, that the confiscated materials are
obscene must be proved.
for the requirement s under Section 21 of RA 9165.
There is no perfect definition of obscenity but the
latest word is that of Miller v. California which
3. Fernando and Estorinos VS CA
established basic guidelines, to wit: (a) whether to
FACTS: Acting on reports of sale and distribution of
the average person, applying contemporary
pornographic materials, officers of the Philippine
standards would find the work, taken as a whole,
National Police Criminal Investigation and Detection appeals to the prurient interest; (b) whether the
Group in the National Capital Region (PNP-CIDG
work depicts or describes, in a patently offensive
NCR) conducted police surveillance on the store
way, sexual conduct specifically defined by the
bearing the name of Gaudencio E. Fernando Music
applicable state law; and (c) whether the work,
Fair (Music Fair). Judge Perfecto Laguio of the
taken as a whole, lacks serious literary, artistic,
Regional Trial Court of Manila, issued Search Warrant political, or scientific value.
No. 99-1216 for violation of Article 201 of the
Obscenity is an issue proper for judicial
Revised Penal Code against petitioner Gaudencio E.
determination and should be treated on a case to
Fernando and a certain Warren Tingchuy.
case basis and on the judges sound discretion.
On the same day, police officers of the PNP-CIDG
NCR served the warrant on Rudy Estorninos, who,
4. VICENTE C. BUENAVISTA, JR vs JUDGE
according to the prosecution, introduced himself as
MARCELO G. GARCIA, Regional Trial Court,
Branch 51, Puerto Princesa, Palawan
the store attendant of Music Fair. The police
searched the premises and confiscated twenty-five
FACTS: On September 13, 1988, Vicente C.
(25) VHS tapes (among of which isKahit sa
Buenavista, Jr., father of an 11-year-old rape victim,
Pangarap Lang with Myra Manibog as actress who
Gail Buenavista, filed in this Court a verified
is naked) and ten (10) different magazines (Dalaga,
administrative complaint against respondent Judge
Penthouse, Swank, Erotic, Rave, Playhouse, Gallery, Marcelo G. Garcia, presiding judge of Branch 51,
QUI), which they deemed pornographic.
Regional Trial Court of Palawan, for gross ignorance
All appellants pled not guilty to the offenses
of the law and for knowingly issuing an unjust order
or judgment. In January 1987, Buenavista filed two
charged. They waived their right to present
complaints for rape in the Municipal Trial Court of
evidence. The RTC acquitted Tingchuy for lack of
Aborlan Palawan against Samuel M. Ledesma
evidence to prove his guilt, but convicted herein
Municipal Trial Judge Perfecto L. Pe, Jr.,
petitioners Fernando and Estorninos.
recommending no bail for the accused. Despite the
The CA affirmed the decision. The petitioners sought investigating judge's recommendation, Judge Garcia
for review in the SC on certiorari and assailed the CA on June 22, 1987, admitted the accused to bail and
decision.
directed that he be released from custody. Three
days laterGail Buenavista, was kidnapped by the
ISSUE: WON Wellas contention would prosper.

accused, then a criminal charge of kidnapping was

filed against him and a warrant for his arrest was
issued by MTCC Judge Fernando R. Gomez, Jr. of
Puerto Princess City, again recommending "NO
BAIL."it
ISSUE: WON Judge Garcia was guilty of gross
ignorance of the law and for knowingly issuing an
unjust order or judgment
HELD: Yes. Judge Marcelo Garcia is guilty of serious
misconduct and hereby orders his immediate
dismissal from the service with forfeiture of
retirement benefits, except the monetary value of
his accrued leaves for allowing bail on the ground
that the accused paid ample amount thereof where
the arrest was recommended without bail.
5. Hermoso Arriola v. People,
FACTS: Barangay Captain Hermoso Arriola and
Barangay Chief Tanod Melchor Radan of Dulangan,
Magdiwang, Romblon were charged as principal and
accessory respectively by the RTC of Romblon,
Romblon of Malversation of Public Property thru
Negligence or Abandonment (defined and penalized
under Article 217)
On the first week of May, 1996, in barangay
Dulangan the Barangay Captain and Chief Tanod of
Dulangan, Magdiwang, Romblon and have under
their custody and control approximately forty four
(44) pieces of illegally sawn lumbers of assorted
sizes and species, with an estimated value of
P17,611.20, which were confiscated by Philippine
National Police and DENR personnel. The lumber
were turned over to Brgy. Capt. Hermoso Arriola
which he acknowledged to have received the same
and stockpiled at the backyard of accused Chief
Tanod Melchor Radan's house, and through
abandonment or negligence, they permitted any
other person to take the public property wholly or
partially, to the damage and prejudice of the
government in the sum of P17,611.20.
ISSUE: WON HERMOSO ARRIOLA is GUILTY as
principal of the crime of Malversation of Public
Property Thru Negligence or Abandonment; WON
Chief Tanod Melchor Radan is guilty as accessory
HELD: Yes. They are guilty as principal and
accessory of the crime of Malversation of Public
Property Thru Negligence or Abandonment An
accountable officer under Article 217 is a public
officer who, by reason of his office is accountable for

public funds or property. Sec. 101 (1) of the

Government Auditing Code of the Philippines (PD
No. 1455) defines accountable officer to be every
officer of any government agency whose duties
permit or require the possession or custody of
government funds or property and who shall be
accountable therefor and for the safekeeping
thereof in conformity with law.
In the determination of who is an accountable
officer, it is the nature of the duties which he
performs and not the nomenclature or the relative
importance the position held which is the
controlling factor.
While demand is not an element of the crime of
malversation, it is a requisite for the application of
the presumption. Without this presumption, the
accused may still be proved guilty under Art. 217
based on direct evidence of malversation.
6. Palacios vs People

FACTS:Victor S. Venturanza (Venturanza) and Linda

Cadiao-Palacio was found guilty beyond reasonable
doubt of violation of Section 3(b), Republic Act (R.A.)
No. 3019 and are now seeking appeal.
Palacio

wasthe

mayor

of

the Municipality of Culasi, Province of Antique from

July

1998

to

June

2001

and

during

her

administration, there were infrastructure projects

that were initiated during the incumbency of her
predecessor,

then

Mayor

Aida

Alpas,

which

remained partially unpaid ( Janlagasi Diversion Dam,

San Luis Diversion Dam, Caridad-Bagacay Road, and
San Juan-Tumao Road which were contracted by L.S.
Gamotin Construction (L.S. Gamotin) with a total
project cost ofP2 million. For the said projects, the
municipality owed the contractor P791,047.00)
During trial, the prosecution presented its
sole witness the private complainant herself, Grace
M. Superficial (Superficial) For and on behalf of L.S.
Gamotin, she (Superficial) took charge of the
collection

of

the

unpaid

billings

of

the

municipality. On January 25, 1999, petitioner gave to

Neil Superficial, then an incumbent councilor and
the

husband

of

checks representing

private
the

final

complainant,
payment

for

three
the

construction projects. The following day, Venturanza petitioner as he was in charge of the security of the
picked up the check promised by Superficial as municipal buildings and personnel as well as the
payment for the 10% kickback.

adjoining offices; 4) that Venturanza received the

three LBP checks representing the full payment to

Petitioner denied Superficials allegations. She L.S. Gamotin and the LBP check bearing the amount
insisted that she only dealt with the owner of L.S. of P162,400.00; 5) that Venturanza went to San
Gamotin, Engr. Leobardo S.Gamotin (Engr. Gamotin), Jose, Antique on January 26, 1999 to deposit the
relative to the infrastructure projects; thus, she three checks and encashed the P162,400.00 check;
could have made the demand directly from him and 6) that Venturanza did not receive the above
not from Superficial.

amount

by

virtue

of

loan

agreement

with

Superficial because there was no evidence to prove

ISSUE: WON the petition lacks merit

it; 7) that Venturanza used the vehicle of the

municipality to encash the check in San Jose,

HELD: Yes . The petition lacks merit and is therefore Antique; and 8) that the amount of P15,000.00
denied. They are guilty on the following grounds:

initially

given

1) that the municipality had outstanding obligations theP162,400.00

to

Emmanuel

appearing

on

Palacios
the

and
check

with L.S. Gamotin for the construction of several corresponded to the 10% of the total project cost
public works that were completed in 1998; 2) that after

deducting

the

10%

petitioner was the person authorized to effect the Engineering Supervision Fee.
payment of said obligations which, in fact, she did;
3) that Venturanza was a trusted employee of

VAT

and P10,000.00