CASE DIGEST: People of the Philippines v. Romy Miranda

 

People of the Philippines, Plaintiff-Appellee, v. Romy Lim Y Miranda, Accused-Appellant, G.R No. 231989, September 4, 2018

PONENTE: PERALTA, J.

FACTS:                                 

Based on a report of a confidential informant (CI) that a certain “Romy” has been engaged in the sale of prohibited drugs in Zone 7, Cabina, Bonbon, CDO, IO1 Orellan and his teammates were directed by the Regional Director to gather for a buy-bust operation. During the briefing, IO2 Orcales, IO1 Orellan, and IO1 Carin were assigned as the team leader, the arresting officer, and the poseur-buyer, respectively.

When the team arrived in the target area at around 10:00 PM, IO1 Carin and the C1 alighted from the vehicle near the house of “Romy”, while IO1 Orellan and the other team members positioned themselves in the area to observe. Upon reaching the house, IO1 Carin and the C1 encountered Gorres who invited them inside, Lim was sitting on the sofa watching TV. When the C1 introduced IO1 Carin as a buyer, Lim nodded and told Gorres to get one inside the bedroom. Gorres handed a small medicine box to Lim, who then took 1 sachet of shabu and gave it to IO1 Carin, who in turn paid him with the ₱500 buy-bust money. After examining the sachet, IO1 Carin made a signal and the team immediately rushed to Lim’s house. IO1 Orellan declared that they were PDEA agent and informed Lim and Gorres of their arrest for selling dangerous drug. Thereafter, IO1 Orellan conducted a body search on both of them. The team brought Lim and Gorres to the PDEA Regional Office, with IO1 Orellan in possession of the seized items. Likewise, he made the Inventory Receipt of the confiscated items, however, it was not assigned by Lim and Gorres. There also no signature of an elected public official and the representatives of the DOJ and the media as witnesses.

The RTC handed a guilty verdict on Lim for illegal possession and sale of shabu and acquitted Gorres for lack of sufficient evidence linking him as a conspirator. CA affirmed the RTC’s decision.

ISSUE:

Whether or not Romy Lim is guilty of violating R.A. 9165

RULING:

Accordingly, accused appellant Romy Lim y Miranda is acquitted on reasonable doubt and ordered immediately released from detention, unless he is being lawfully held for another cause.

RATIO:

It must be alleged and proved that the presence of the 3 witnesses to the physical inventory and photograph of the illegal drug seized was not obtained due to reason/s such as: (1) their attendance was impossible because the place of arrest was a remote area; (2) their safety during the inventory and photograph of the seized drugs was threatened by an immediate retaliatory action of the accused or any person(s) acting for and in their behalf; (3) the elected official themselves were involved in the punishable acts sought to be apprehended; (4) earnest efforts to secure the presence of a DOJ or media representative and an elected public official within the period required under Art. 125 of the RPC prove futile through no fault of the arresting officers; (5) time constraints and urgency of the anti-drug operations, which often rely on tips of confidential assets, prevented the low enforcers from obtaining the presence of the required witnesses even before the offenders could escape.