G.R. No. 242273 - PEOPLE OF THE PHILIPPINES, VS. NICO MAZO Y YBAÑEZ AND JOEY DOMDOMA Y ABLETES, ACCUSED-.R E S O L U T I O N - Supreme Court E-Library

Ruling

Accordingly, PO1 Amante gave the buy-bust money to Joey who handed it to Joy. [5] Thereafter, Nico retrieved from his left pocket three plastic sachets containing white crystalline substance. Nico picked one sachet and uttered, " Joey, bigay mo 'to kay pare ko ."' Joey got the sachet (later marked with "NICO"), and handed it to PO1 Amante. At that moment, PO1 Amante scratched his cheek which served as the pre-arranged signal that the transaction has been consummated. [6] The rest of the team rushed in and arrested Nico, Joey and Joy. After frisking the suspects, PO1 Amante recovered from Nico two plastic sachets containing white crystalline substance (later marked with "NICO-1" and "NICO-2"), while PO1 Limjap found from Joy the buy-bust money. The police officers proceeded to the barangay hall where they conducted an inventory and photograph of the seized items in the presence of Barangay Kagawad Christopher Cabo. [7] After investigation, the suspects were identified as Nico Mazo y Ibanez @ "Nico," Joey Domdoma y Abletes @"Joey," and Mary Joy Garcia y Vitug @ "Joy." [8] Afterwards, PO1 Amante personally delivered the confiscated items to PCI Ofelia Lirio Vallejo of the Southern Police District Crime Laboratory Office for examination. [9] The examination of the substance yielded positive results for methamphetamine hydrochloride. [10] Nico, Joey and Joy were then charged with violations of Sections (Sec.) 5 and 11, Article II of Republic Act (RA) No. 9165 [11] before the Regional Trial Court (RTC), to wit: [Criminal Case No. R-MKT-17-00179-CR for illegal sale of dangerous drugs against Nico, Joey and Joy] On the 13 th day of January 2017, in the city of Makati, the [ sic ] Philippines, accused, mutually helping and confederating with one another, not being lawfully authorized to possess or otherwise use any dangerous drug and without the corresponding license or prescription, did then and there willfully, unlawfully and feloniously sell, distribute and transport zero point twelve (0.12) gram of Methamphetamine Hydrochloride, a dangerous drug, in consideration of the amount of Php500. CONTRARY TO LAW. [12] [Criminal Case No. R-MKT-17-00180-CR for illegal possession of dangerous drugs against Nico] On the 13 th day of January 2017, in the city of Makati, the [ sic ] Philippines. accused, mutually helping and confederating with one another, not being lawfully authorized to possess or otherwise use any dangerous drug and without the corresponding license or prescription, did then and there willfully, unlawfully and feloniously have in their possession, direct custody and control three (3) small heat-sealed plastic transparent sachets containing a total of zero point twenty-two (0.22) gram of Methamphetamine Hydrochloride, a dangerous drug. CONTRARY TO LAW. [13] Nico, Joey and Joy denied the accusations. Nico claimed that he was with Joy sleeping inside their house when several men barged in and brought them to the police station. [14] On the other han