G.R. No. 192188 - PEOPLE OF THE PHILIPPINES, VS. ANDREW ROBLE, ACCUSED-.D E C I S I O N - Supreme Court E-Library

Ruling

Accordingly, a warrant of arrest was issued on April 21, 2003 [6] and Roble was arrested on June 17, 2003. On the same date, Roble, through his counsel, filed a Motion for Reinvestigation [7] of the case. In the said motion, Roble intimated that when the case was filed against him, he was in the province of Leyte and, thus, was not able to refute the allegations against him. In an Order dated June 20, 2003, the RTC granted the motion. [8] After reinvestigation, City Prosecutor Suralta, however, did not find any reason to withdraw the said information [9] and it was given due course by the RTC. [10] As a result, Roble filed a Motion for Reconsideration of the Reinvestigation Report before the Office of the City Prosecutor, which was subsequently denied on January 19, 2004. [11] On February 4, 2004, Roble was arraigned and pleaded "not guilty" to the offense charged. [12] During the trial, the prosecution presented witnesses Police Officer 2 Castor Laurel (PO2 Laurel) and Medical Technologist Jude Daniel Mendoza (Medical Technologist Mendoza). On the other hand, the defense presented accused Roble as its sole witness. The Prosecution's Version of Facts On March 12, 2003, at around 5:30 p.m., PO3 Matias Casas (PO3 Casas) received information through a telephone call regarding the illegal drug activities of a certain "Jojo" Roble in Looc, Danao City. [13] Coordination was then made with the Special Operations Group (SOG) and a buy-bust team was formed composed of PO3 Casas, PO2 Laurel, the SOG and the mayor of Danao City, Mayor Ramonito Durano (Mayor Durano). [14] A briefing was conducted where several pieces of marked 100-peso bills were handed to the poseur-buyer, Abner Banzon Cuizon (Cuizon), by PO3 Casas. [15] At 6:30 p.m., the team proceeded to the reported area. PO3 Casas, PO2 Laurel and Cuizon were aboard a tricycle while the rest of the team were with Mayor Durano. [16] The tricycle was parked on the side of a road where Cuizon alighted and walked to a nearby store, leaving PO3 Casas and PO2 Laurel inside the tricycle. At this time, the tricycle was parked seven (7) meters away from the said store while the group of Mayor Durano was about thirty (30) meters away. [17] PO2 Laurel saw Cuizon approach a person and hand him money in exchange for plastic sachets. Upon seeing Cuizon scratch his head, which was the pre-arranged signal, the policemen approached to arrest "Jojo" but he was able to flee from the scene. [18] PO3 Casas and PO2 Laurel signaled the rest of the team for assistance but all of them could not locate "Jojo." Meanwhile, Cuizon gave the sachets to PO3 Casas when they approached to arrest "Jojo." PO3 Casas, in turn, gave them to the investigator, Senior Police Officer 3 Edgar Awe (SPO3 Awe). Thereafter, a request for laboratory examination was made and submitted to the Philippine National Police Crime Laboratory in Camp Sotero Cabahug, Gorordo Avenue, Cebu City. [19] After examination, Medical Technologist Mendoza issued Chemistry