April 2016 - Philippine Supreme Court Decisions/Resolutions
Philippine Supreme Court Jurisprudence
G.R. No. 206766, April 06, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. EDUARDO YEPES, Accused-Appellants.
THIRD DIVISION
G.R. No. 206766, April 06, 2016
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. EDUARDO YEPES, Accused-Appellants.
D E C I S I O N
PEREZ, J.:
Before us for review is the Decision1 of the Court of Appeals in CA-G.R. CEB CR HC No. 01007 dated 21 September 2012, which dismissed the appeal of accused-appellant Eduardo Yepes and affirmed with modification the Judgment2 of the Regional Trial Court (RTC), Branch 28 of Catbalogan City in Criminal Case Nos. 6125-6126 finding accused-appellant guilty beyond reasonable doubt of violation of Section 5, Article II of Republic Act (R.A.) No. 9165 or the Comprehensive Dangerous Drugs Act of 2002.
Accused-appellant was charged with violation of Section 5, Article II of R.A. No. 9165, to wit:
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That on or about the 29th day of July 2004, at about 6:20 o'clock in the evening, more or less, at vicinity of Purok 6, Barangay Guindapunan, Municipality of Catbalogan, Province of Samar, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, with deliberate intent to gain and without being authorized by law, did, then and there, wilfully, unlawfully and feloniously sell and hand over One (1) Heat sealed transparent plastic bag containing white crystalline substance called methylamphetaminc Hydrocholoride locally known as "shabu", a dangerous drug, having the following marking and net weight, to wit: "A-1-("JFI-1")-0.03 gram", as per Chemistry Report No. D-276-2004, to PO1 Ervin A. Ari