People of the Philippines, Plaintiff-Appellee, v.

Accordingly, accused appellant Romy Lim y Miranda

Romy Lim Y Miranda, Accused-Appellant, G.R No. is acquitted on reasonable doubt and ordered
231989, September 4, 2018 immediately released from detention, unless he is
being lawfully held for another cause.
PONENTE: PERALTA, J.
RATIO:
FACTS:
It must be alleged and proved that the presence of the
Based on a report of a confidential informant (CI) that 3 witnesses to the physical inventory and photograph
a certain “Romy” has been engaged in the sale of of the illegal drug seized was not obtained due to
prohibited drugs in Zone 7, Cabina, Bonbon, CDO, IO1 reason/s such as: (1) their attendance was impossible
Orellan and his teammates were directed by the because the place of arrest was a remote area; (2) their
Regional Director to gather for a buy-bust operation. safety during the inventory and photograph of the
During the briefing, IO2 Orcales, IO1 Orellan, and IO1 seized drugs was threatened by an immediate
Carin were assigned as the team leader, the arresting retaliatory action of the accused or any person(s) acting
officer, and the poseur-buyer, respectively. for and in their behalf; (3) the elected official
themselves were involved in the punishable acts
When the team arrived in the target area at around sought to be apprehended; (4) earnest efforts to secure
10:00 PM, IO1 Carin and the C1 alighted from the the presence of a DOJ or media representative and an
vehicle near the house of “Romy”, while IO1 Orellan elected public official within the period required under
and the other team members positioned themselves in Art. 125 of the RPC prove futile through no fault of the
the area to observe. Upon reaching the house, IO1 arresting officers; (5) time constraints and urgency of
Carin and the C1 encountered Gorres who invited the anti-drug operations, which often rely on tips of
them inside, Lim was sitting on the sofa watching TV. confidential assets, prevented the low enforcers from
When the C1 introduced IO1 Carin as a buyer, Lim obtaining the presence of the required witnesses even
nodded and told Gorres to get one inside the bedroom. before the offenders could escape
Gorres handed a small medicine box to Lim, who then
took 1 sachet of shabu and gave it to IO1 Carin, who in
turn paid him with the ₱500 buy-bust money. After
examining the sachet, IO1 Carin made a signal and the
team immediately rushed to Lim’s house. IO1 Orellan
declared that they were PDEA agent and informed Lim
and Gorres of their arrest for selling dangerous drug.
Thereafter, IO1 Orellan conducted a body search on
both of them. The team brought Lim and Gorres to the
PDEA Regional Office, with IO1 Orellan in possession
of the seized items. Likewise, he made the Inventory
Receipt of the confiscated items, however, it was not
assigned by Lim and Gorres. There also no signature
of an elected public official and the representatives of
the DOJ and the media as witnesses.

The RTC handed a guilty verdict on Lim for illegal

possession and sale of shabu and acquitted Gorres for
lack of sufficient evidence linking him as a conspirator.
CA affirmed the RTC’s decision.

ISSUE:

Whether or not Romy Lim is guilty of violating R.A.

9165

RULING: