G.R. NO. 199403
Appellee: People of the Philippines
Appellant: Gomer Climaco
A criminal case was charged against Climaco for illegal sale and illegal possession of methamphetamine hydrochloride (shabu), a dangerous drug. It was pressed against him for violating Sections 5 and 11 of Comprehensive Dangerous Drugs Act of 2002. And the said case was filed at RTC San Pedro, Laguna branch.
According to the prosecution, PO1 Igancio, along with some of the members of the Laguna Special Operation Team, was tasked to become a poseur – buyer in the buy bust operation held at the house of the appellant. Before the commencement of the planned fake transaction, they were armed with 500 pesos as boodle money and a warrant of arrest by Judge Paño. Upon PO1 Ignacio’s signal, they rapidly arrested Climaco. He was then asked to also empty his pockets. Another sachet was recovered. They marked the busted sachet as TR – B (Teofilo Royena, “Bust”) and another as TR – R (Teofilo Royena, “Recovered”). After which, they directed the said articles to the Office of the Special Operation Group in Laguna. The following were submitted to the court: 1)Written Request for Laboratory Examination, 2)The Chemistry Report and 3)The two marked sachets (GSC – 1) and (GSC – 2).
On the other hand, according to the defense, the aforementioned story never happened. Climaco himself, his wife, Christina and his neighbor, Michael denied the allegations. Climaco insisted that he did not know these abovementioned police officers and he being in the list of the top 20 illegal drug pushers. There were 4 unidentified armed men who went and barged in their house in Bagong Silang, arrested and carried the appellant to a van. At the police station, Climaco was charged a case for selling and delivering shabu and he immediately denied. He did not file a case against the police officers.
Whether or not the guilt of Climaco for the crimes of illegal sale and illegal possession of...
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