Ibp-elibrary

Assailed in this petition for review on certiorari[1] is the Decision[2] dated March 28, 2017 of the Court of Appeals (CA) in CA-G.R. CR No. 37912 which affirmed in toto the Decision[3] dated May 4, 2015 of the Regional Trial Court (RTC), Branch 263, Marikina City, finding petitioner Jesus Edangalino y Dionisio guilty of violation of Section 11, Ar... ticle II of Republic Act (R.A.) No. 9165, otherwise known as the Comprehensive Dangerous Drugs Act of 2002. Also assailed is the Resolution[4] dated October 11, 2017 of the CA which denied reconsideration thereof. In an Information[5] dated September 12, 2011, petitioner was charged with violation of Section 11, Article II of R.A. No. 9165, the accusatory portion of which reads: That on or about the 8th day of September 2011, in the City of Marikina, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, without being authorized by law to possess or otherwise use any dangerous drugs, did then and there willfully, unlawfully and knowingly have in his possession, direct custody and control 0.02 [gram] of Methamphetamine Hydrochloride (shabu), a dangerous drug, in violation of the above-cited law.[6] During his arraignment on September 29, 2011, petitioner, duly assisted by his counsel de oficio, pleaded not guilty to the charge.[7] Pre-trial and trial thereafter ensued. The facts of the case as stated by the CA, thus: The antecedent facts as narrated by the Office of the Solicitor General (OSG) are as follows: On September 7,2011, around 11:00 in the evening, an informant arrived at the office of the District Anti-Illegal Drugs Special Operation Task Group (DAID-SOTG) of the Eastern Police District located at Meralco Avenue, Pasig City, and reported that a certain "Amboy" of Barangay Malanday, Marikina City was engaged in illegal drug trade activities. Acting on the said report, P/Supt. Elmer R. Cereno (P/Supt. Cereno) immediately informed (sic) a team to conduct a buy-bust operation against "Amboy". The members of the team were ...Read More