G.R. No. 238117 - PEOPLE OF THE PHILIPPINES, VS. EDWIN ALCONDE Y MADLA AND JULIUS QUERQUELA* Y REBACA, ACCUSED-.D E C I S I O N - Supreme Court E-Library

Ruling

Accordingly, a buy-bust operation was conducted, and the team proceeded to the said area. [7] When accused-appellants arrived, PO3 Agravante immediately handed over the P1,000.00 worth of marked money to Querquela; in exchange, Alconde gave the two (2) sachets containing a total of 0.1903 gram of shabu to PO3 Agravante. [8] Shortly thereafter, PO3 Agravante executed the pre-arranged signal, prompting Senior Police Officer 1 Rey Abecia to rush towards the scene and restrain Alconde. Meanwhile, PO3 Agravante frisked Querquela and recovered from him the marked money. He likewise performed a body search on Alconde, from whom he recovered one (1) sachet containing 1.2347 grams of marijuana fruit tops. [9] Subsequently, the seized items were photographed only in the presence of accused-appellants. [10] Not long after, accused-appellants were brought to the police station where the requisite marking and inventory were conducted by PO3 Agravante in the presence of accused-appellants and Barangay Captain Vivian Malingin (Brgy. Capt. Malingin). [11] The seized items were then delivered to the PNP Crime Laboratory in Puerto, Cagayan de Oro City wherein upon examination, tested positive for the presence of methamphetamine hydrochloride or shabu and marijuana, both dangerous drugs. [12] In his defense, Querquela denied the allegations against him, claiming that at around 9:00 o'clock in the evening of August 9, 2015, three (3) unidentified persons suddenly flagged him down and accosted him while he was on his way to the habal-habal terminal. Subsequently, the said men, who later on identified themselves as police officers, instructed him to bring them to his hut where Alconde was being interrogated. Afterwards, accused-appellants were brought to the Puerto Police Station. [13] For his part, Alconde averred that at the time of the incident, he was simply sleeping in the hut of Querquela when an unknown person kicked the door open, pointed a gun at him, tied his hands with a rope, and brought him outside the hut. Thereafter, accused-appellants were brought to the police station, where Alconde was directed to hold one (1) small sachet of marijuana while a police officer took pictures of the same. [14] In a Decision [15] dated November 10, 2016, the RTC found accused-appellants guilty beyond reasonable doubt of the crimes charged: (a) in Crim. Case No. CR-DRG-2015-414 for the crime of Illegal Possession of Dangerous Drugs, Alconde was sentenced to suffer the penalty of imprisonment for a period of twelve (12) years and one (1) day, as minimum, to twenty (20) years, as maximum, and ordered to pay a fine of P300,000.00; and (b) in Crim. Case No. CR-DRG-2015-415 for the crime of Illegal Sale of Dangerous Drugs, accused-appellants were sentenced to suffer the penalty of life imprisonment and ordered to pay the amount of P500,000.00 each as fine. [16] The RTC found the elements of the crimes of Illegal Possession and Illegal Sale of Dangerous Drugs to be present, as t