[G.R. No. 184807 : November 23, 2011]
PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. GREGG C. BUENAVENTURA, ACCUSED-APPELLANT.
D E C I S I O N
LEONARDO-DE CASTRO, J.:
For Our review is the Decision1 dated March 10, 2008 of the Court of Appeals in CA-G.R. CR.-H.C. No. 00902, which affirmed in toto the Decision2 dated January 21, 2005 of Branch 70 of the Regional Trial Court (RTC) of Pasig City in Criminal Case No. 12772-D, finding accused-appellant Gregg C. Buenaventura guilty beyond reasonable doubt of violation of Section 5, Article II of Republic Act No. 9165, otherwise known as the Comprehensive Dangerous Drugs Act of 2002. Accused-appellant was sentenced to life imprisonment and ordered to pay a fine of P500,000.00.
The criminal Information against accused-appellant reads:
When arraigned on October 28, 2003, accused-appellant pleaded not guilty to the charge against him.4 During the pre-trial conference held on February 11, 2004, the parties stipulated only as to the genuineness and due execution, as well as to the truthfulness of the contents, of the chemistry report. The said report stated that when tested, the plastic sachet containing crystalline substance was positive for methamphetamine hydrochloride.5 Trial then ensued.
The RTC summarized the evidence of the parties as follows:
The criminal Information against accused-appellant reads:
On or about August 5, 2003 in Pasig City, and within the jurisdiction of this Honorable Court, the accused, not being lawfully authorized by law, did then and there willfully, unlawfully, and feloniously sell, deliver and give away to PO1 Michael Espares, a police poseur-buyer, one (1) heat-sealed transparent plastic sachet containing three (3) centigrams (0.03 gram) of white crystalline substance, which was found positive to the test for Methylamphetamine Hydrochloride, a dangerous drug, in violation of the said law.3
When arraigned on October 28, 2003, accused-appellant pleaded not guilty to the charge against him.4 During the pre-trial conference held on February 11, 2004, the parties stipulated only as to the genuineness and due execution, as well as to the truthfulness of the contents, of the chemistry report. The said report stated that when tested, the plastic sachet containing crystalline substance was positive for methamphetamine hydrochloride.5 Trial then ensued.
The RTC summarized the evidence of the parties as follows:
Apart from Forensic Chemist P/INSP. ISIDRO CARINO, whose testimony was the subject of stipulation of facts between the prosecution and the defense, as contained in the Pre-Trial Order, above reproduced, the prosecution presented two (2) other witnesses, namely: PO1 MICHAEL ESPARES and PO3 EDILBERTO SANCHEZ both of the Station Drug Enforcement Unit (SDEU) of the Pasig Police Station, a compendium of whose testimonies follows:
On August 5, 2003, at about 5:30 in the afternoon, a confidential informant arrived in their office at the Pasig Police Station to report the rampant selling of illegal drugs by one, alias Gregg,
