SC acquits, orders release of woman convicted of 'selling' shabu, 'possession' of firearm, ammo.

The Supreme Court (SC) has ruled that the procedural infractions which affect the legitimacy of buy-bust operations on illegal drugs conducted by law enforcers also compromise the evidentiary value of other items like firearm and ammunition allegedly seized during the same operations.

With its ruling, the SC acquitted a Sta. Barbara, Pangasinan resident who was convicted by the trial court of possession and sale of dangerous drugs and illegal possession of firearm and ammunition which were seized by the police during a buy-bust operation that did not follow the procedures laid down by the law in the custody of the seized prohibited drugs.

Acquitted and ordered released from the Correctional Institution for Women in Mandaluyong City, "unless being held for some other lawful cause," was Gilda Buscaino Corpuz, alias "Gigi," of Barangay Maningding in Sta. Barbara town.

The SC ruling released last March 15 modified the July 28, 2020 decision handed down by the Court of Appeals (CA) which reversed the trial court on Corpuz's conviction on sale and possession of illegal drugs but affirmed the guilty verdict on possession of firearm and ammunition.

It upheld the CA on Corpuz's acquittal on illegal drugs cases but reversed the appellate court on her conviction for illegal possession of firearm and ammunition.

Records showed that Corpuz was arrested by the police on June 19, 2014 for allegedly selling .28 gram of shabu to an undercover policeman. After the sale, Corpuz reportedly ran inside her house when the buyer introduced himself as a policeman.

The policemen pursued her and inside her room the law enforcers said they found two sachets of shabu and a caliber .22 firearm and live ammunition. The policemen said Corpuz did not have a license to own and possess a firearm.

On Nov. 28, 2017, the regional trial court (RTC) found Corpuz guilty of violations of Republic Act No. 9165, the Comprehensive Dangerous Drugs Act of 2002, and RA 10591, the Comprehensive Law on Firearms and Ammunition of 2013.

She appealed to the CA which modified the RTC's decision. The CA ruled that the policemen committed procedural lapses that compromised the integrity and evidentiary value of the seized illegal drugs.

On violation of RA 10591, the CA said Corpuz failed to substantiate her allegation that the seized firearm and ammunition were placed on top of her bed by the arresting policemen.

Corpuz elevated the CA decision before the SC which affirmed the CA's findings that...