G.R. No. 182347 - PEOPLE OF THE PHILIPPINES, VS. EMILIO RIVERA Y CABLANG ALIAS `BOY,' ACCUSED-. D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE , premises considered, judgment is hereby rendered finding accused Emilio Rivera y Cablang @ Boy guilty beyond reasonable doubt of the crime charged against him in this case. Pursuant to Section 5, Art. II, RA 9165, he is hereby sentenced to Life Imprisonment and to pay a fine of P500,000.00, and to pay the costs. The shabu subject of this case is forfeited in favor of the government to be disposed of under rules governing the same. OIC-Branch Clerk of Court Enriqueta A. Marquez is hereby enjoined to immediately turn the same over to the proper authority for final disposition. On 25 May 2004, accused-appellant filed a Notice of Appeal [14] to the Court of Appeals, claiming that the prosecution failed to overthrow the presumption of innocence on the ground that the trial court not only relied heavily on the testimony of a lone witness but also failed to follow the required procedure in the custody and disposition of confiscated dangerous drugs. The case was docketed as CA-G.R. CR-H.C. No. 02175. On 27 November 2007, the Court of Appeals affirmed the decision of the RTC, viz. : WHEREFORE, premises considered, the Decision of the Regional Trial Court of Malabon City, Branch 72, in Criminal Case No. 27778-MN, dated April 2, 2004, promulgated on May 17, 2004, finding accused-appellant guilty beyond reasonable doubt of violating Sec. 5, Art. II of Republic Act No. 9165 (Comprehensive Dangerous Drugs Act of 2002), as amended, sentencing him to suffer the penalty of life imprisonment and ordering him to pay a fine of Five Hundred Thousand (P500,000.00) Pesos is hereby AFFIRMED and UPHELD. [15] Accused-appellant elevated the case to this Court via Notice of Appeal. [16] In its Resolution [17] dated 16 June 2008, this Court resolved to notify the parties that they may file their respective supplemental briefs, if they so desire, within thirty (30) days from notice. To avoid repeating previous arguments, the defense and the prosecution adopted their respective appellant's [18] and appellee's briefs, [19] instead of filing supplemental briefs. The defense raises a singular issue - THE COURT A QUO GRAVELY ERRED IN CONVICTING THE ACCUSED-APPELLANT OF THE CRIME CHARGED DESPITE THE FAILURE OF THE PROSECUTION TO OVERTHROW THE PRESUMPTION OF INNOCENCE IN HIS FAVOR. [20] The defense focused on several factors to cast doubt on the allegations against accused. First, in convicting the accused, the trial court heavily relied on the testimony of the lone prosecution witness, PO2 Allan Llantino, who claimed he had companions at that time but none of them corroborated his version. Second, the police officers failed to follow the procedure outlined in paragraph 1, Section 21 [21] of Republic Act No. 9165 on the seizure and custody of the suspected dangerous drugs as nothing in the records would show that immediately after the seizure, the police officers conducted a physical inventory and photographed the same. Thus, the defense contends there is a gap in the ch