Custodial investigation and during the interrogation

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custodial investigation and during the interrogation, he was not informed of his right to counsel. The trial court found the petitioner guilty in its Decision dated April 27, 2005, the dispositive portion of which follows: WHEREFORE, finding the accused guilty beyond reasonable doubt of the crimes of Possession of 3.865 grams of Marijuana and 0.327 gram of [methamphetamine] hydrochloride (shabu), accused is hereby sentenced to suffer the indeterminate penalties of Twelve (12) years & one day, as minimum, to Fourteen years, as maximum, and to pay a fine of Three Hundred Thousand Pesos. SO ORDERED. [9] On appeal, the CA affirmed the conviction with modifications, the dispositive portion of its Decision dated August 31, 2007 reads as follows: WHEREFORE, the Decision of the Regional Trial Court of Capas, Tarlac, Branch 66
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2/14/20, 2 : 19 PM [ G.R. No. 181861, October 17, 2011 ] Page 4 of 18 in Criminal Cases No. 1811-1812, finding accused-appellant Raul David y Erese, GUILTY beyond reasonable doubt of violation of Section 11, Article II of R.A. 9165 is hereby AFFIRMED with the following MODIFICATIONS: 1) In Criminal Case No. 1811 for illegal possession of marijuana, he is sentenced to suffer the penalty of Twelve (12) Years and One (1) day, as minimum, to Fourteen (14) Years, as maximum, and to pay a fine of THREE HUNDRED THOUSAND PESOS (P300,000.00); 2) In Criminal Case No. 1812 for illegal possession of shabu, he is sentenced to suffer the penalty of Twelve (12) Years and One (1) day, as minimum, to Fourteen (14) Years, as maximum, and to pay a fine of THREE HUNDRED THOUSAND PESOS (P300,000.00). Costs de oficio . SO ORDERED. [10] The CA, in its Resolution [11] dated February 20, 2008, denied appellant's Motion for Reconsideration, [12] hence, the present petition where the appellant presented the following issues: GROUND FOR THE ALLOWANCE OF THE PETITION THE COURT OF APPEALS GRAVELY ERRED IN AFFIRMING WITH MODIFICATION THE PETITIONER'S CONVICTION. THE ASSAILED DECISION IS NOT IN ACCORDANCE WITH LAW AND APPLICABLE JURISPRUDENCE, AND IF NOT CORRECTED, IT WILL CAUSE GRAVE INJUSTICE AND [IRREPARABLE] INJURY TO HEREIN PETITIONER. ISSUES PRESENTED FOR RESOLUTION I WHETHER THE COURT OF APPEALS ERRED IN GIVING CREDENCE TO THE TESTIMONIES OF THE PROSECUTION WITNESSES. II
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2/14/20, 2 : 19 PM [ G.R. No. 181861, October 17, 2011 ] Page 5 of 18 WHETHER THE COURT OF APPEALS ERRED IN CONVICTING THE PETITIONER DESPITE THE FAILURE OF THE PROSECUTION TO PROVE THAT THE DANGEROUS DRUGS SUBMITTED FOR LABORATORY EXAMINATION AND PRESENTED AS EVIDENCE BEFORE THE TRIAL COURT WERE THE SAME ONES ALLEGEDLY SEIZED. III WHETHER THE COURT OF APPEALS ERRED IN MODIFYING THE DECISION OF THE TRIAL COURT WHICH FOUND THE PETITIONER GUILTY OF A SINGLE CHARGE OF VIOLATION OF SECTION 11, ARTICLE II OF REPUBLIC ACT NO. 9165.
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  • Fall '19
  • Supreme Court of the United States, Appellate court, Illegal drug trade, petitioner

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