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People vs. Otico [SEPARATE CONCURRING, OPINION PERALTA, J.]

PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, V. MARVIN MADRONA OTICO, ACCUSED-APPELLANT.

G.R. No. 231133 | 2018-06-06

SEPARATE CONCURRING OPINION
 
PERALTA, J.:
 
I concur with the ponencia in acquitting accused-appellant Marvin Madrona Otico of the charge of illegal sale of dangerous drugs, or violation of Section 5, Article II of Republic Act No. 9165 (R.A. No. 9165),[1] respectively. I agree that the prosecution failed to prove appellant's guilt beyond reasonable doubt, because the "eyewitness" accounts of the two police officers, who were admittedly ten (10) meters away from the place where the civilian agent/poseur-buyer and the appellant traded the 0.02 gram of suspected shabu and the P500.00 buy-bust money,...