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Irst Division

This document summarizes a court case from the Supreme Court of the Philippines regarding Rosemarie Magundayao who was found guilty of illegal drug possession and sale. The prosecution presented evidence from two police officers, PO3 Danilo Arago and PO2 Rey Memoracion, describing a controlled drug buy where PO2 Memoracion purchased shabu from Magundayao after being tipped off by a confidential informant. Both officers testified that PO2 Memoracion exchanged money for a small plastic sachet containing shabu from Magundayao. When arrested, Magundayao was found with another plastic sachet of shabu and the buy money. The defense presented the testimony of Magundayao herself. The trial court and appellate court both found

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Lexa L. Dotyal
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80 views3 pages

Irst Division

This document summarizes a court case from the Supreme Court of the Philippines regarding Rosemarie Magundayao who was found guilty of illegal drug possession and sale. The prosecution presented evidence from two police officers, PO3 Danilo Arago and PO2 Rey Memoracion, describing a controlled drug buy where PO2 Memoracion purchased shabu from Magundayao after being tipped off by a confidential informant. Both officers testified that PO2 Memoracion exchanged money for a small plastic sachet containing shabu from Magundayao. When arrested, Magundayao was found with another plastic sachet of shabu and the buy money. The defense presented the testimony of Magundayao herself. The trial court and appellate court both found

Uploaded by

Lexa L. Dotyal
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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IRST DIVISION

[G.R. No. 188132 : February 29, 2012]

PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. ROSEMARIE


MAGUNDAYAO Y ALEJANDRO ALIAS “ROSE,” ACCUSED-APPELLANT.

DECISION

LEONARDO-DE CASTRO, J.:

For review of the Court is the Decision [1] of the Court of Appeals dated December 19,
2008 in CA-G.R. CR. No. 02899, which affirmed the Joint Decision [2] dated June 27,
2007 of the Regional Trial Court (RTC) of Pasig City, Branch 267, in Criminal Case Nos.
14061-D and 14062-D.  In the said cases, accused-appellant Rosemarie Magundayao y
Alejandro alias Rose was found guilty of the crimes of illegal sale and possession of
methamphetamine hydrochloride, more popularly known as shabu, under Sections 5
and 11, Article II of Republic Act No. 9165, otherwise known as the Comprehensive
Dangerous Drugs Act of 2002. cralaw

On April 18, 2005, two separate informations were filed against the accused-appellant
for violations of the provisions of Republic Act No. 9165.

In Criminal Case No. 14061-D, the accused-appellant allegedly violated the first
paragraph of Section 5,[3] Article II of Republic Act No. 9165 in the following manner:

That on or about the 14th day of April, 2005, in the City of Taguig, Philippines, and
within the jurisdiction of this Honorable Court, the above-named accused, not being
authorized by law to sell any dangerous drug, did then and there willfully, unlawfully
and knowingly sell, deliver and give away to a poseur-buyer PO1 Rey B. Memoracion
0.08 gram of white crystalline substance contained in one (1) heat-sealed transparent
sachet, which substance was found positive to the test for “Methylamphetamine
hydrochloride”, a dangerous drug, in violation of the above-cited law. [4]

The accusatory portion of the second information pertaining to Criminal Case No.
14062-D for violation of Section 11,[5] Article II of the same law, states:

That on or about the 14th day of April, 2005, in the City of Taguig, Philippines, and
within the jurisdiction of this Honorable Court, the above-named accused, not being
authorized by law to possess or otherwise use any dangerous drug, did then and there
willfully, unlawfully and knowingly have in her possession, custody and control 0.10
gram of white crystalline substance contained in one (1) heat-sealed transparent
sachet, which substance was found positive to the test for “Methylamphetamine
hydrochloride” or commonly known as “shabu”, a dangerous drug, in violation of the
above-cited law.[6]

Upon her arraignment on May 23, 2005, the accused-appellant entered pleas of “not
guilty” to each of the charges. [7]

Thereafter, joint trial of the cases ensued.[8]


The prosecution called to the witnesses stand: (1) Police Officer III (PO3) Danilo B.
Arago and (2) Police Officer II (PO2) Rey B. Memoracion, both members of the Station
Anti-Illegal Drugs Special Operation Task Force (SAID-SOTF) of the Taguig City Police
Station.  On the other hand, the defense presented the lone testimony of accused-
appellant Rosemarie Magundayao y Alejandro.

PO3 Danilo B. Arago testified that on April 14, 2005, at around 5:30 p.m., he was at
the office of the SAID-SOTF when a reliable informant (pinagkakatiwalaang
impormante) came in and gave information about a certain alias Rose who was
peddling illegal drugs, particularly shabu, along M. L. Quezon Street, at the corner of
Paso Street, Bagumbayan,[9] Taguig City.[10]  PO3 Arago said that the information was
relayed to the leader of his team, Police Chief Inspector (P/Chief Insp.) Romeo Paat,
who conducted a briefing with the informant.  The members of the team present were
P/Chief Insp. Paat, PO3 Antonio Reyes, PO2 Memoracion[11] and PO3 Arago himself.  A
buy-bust operation was planned whereby PO2 Memoracion was designated as the
poseur-buyer and he was to act as the back-up.  He saw P/Chief Insp. Paat give the
buy-bust money to PO2 Memoracion, consisting of two pieces of P100 bills, and the
latter signed the initials “RBM” on the upper right hand of the bills.  The team also
faxed a pre-coordination report to the Philippine Drug Enforcement Agency (PDEA). [12]

PO3 Arago related that the team then proceeded to the subject area and arrived there
at 8:30 p.m.  They parked their vehicle along M. L. Quezon Street, around a hundred
meters from Paso Street.  PO2 Memoracion and the informant alighted and walked to
Paso Street.  The pre-arranged signal was for PO2 Memoracion to remove his bull cap. 
When he saw PO2 Memoracion talking to the accused-appellant, PO3 Arago went out of
the car and walked towards them.  He situated himself at about 15 meters away from
PO2 Memoracion and the accused-appellant.  He saw them talking and, after a while,
PO2 Memoracion handed something to the accused-appellant, who in turn took
something from her short pants and handed it to PO2 Memoracion.  The latter then
removed his bull cap.[13]

PO3 Arago stated that he thereafter ran to the place where PO2 Memoracion was
standing.  The latter already effected the arrest of the accused-appellant and ordered
her to empty the contents of her right front pocket.  They saw another plastic sachet,
which they believed contained shabu, and the buy-bust money.  PO2 Memoracion told
him to place the accused-appellant in handcuffs and the former marked the evidence
obtained.  PO3 Arago said that he was able to see the object of the buy-bust in the
custody of PO2 Memoracion, which was a small plastic sachet containing white
crystalline substance suspected as shabu.  He was beside PO2 Memoracion while the
latter was marking the evidence.  The marking “RAM-1” was placed at the plastic sachet
subject of the buy-bust and the marking “RAM-2” was placed at the other plastic sachet
that was also confiscated from the accused-appellant.  PO3 Arago stated that he saw
PO2 Memoracion take custody of the two plastic sachets and brought the same to the
police station.  They then turned over the plastic sachets to the crime laboratory.  After
the accused-appellant was arrested, she was brought to the police station. [14]

PO2 Memoracion provided a similar picture of the events that allegedly transpired in the
afternoon of April 14, 2005.  He testified that, at that time, an informant indeed came
to their office and told them about a female individual who was selling illegal drugs at
Bagumbayan corner Paso Street, Taguig City.  The informant talked to P/Chief Insp.
Paat a

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