Republic of the
SUPREME COURT
THIRD DIVISION
|
PEOPLE
OF THE Plaintiff-Appellee, -
versus - MANUEL RESURRECCION, Accused-Appellant. |
|
G.R. No. 186380 Present: CARPIO, J., Chairperson, CHICO-NAZARIO, VELASCO,
JR., NACHURA,
and PERALTA,
JJ. Promulgated: October
12, 2009 |
x-----------------------------------------------------------------------------------------x
D E C I S I O N
VELASCO, JR., J.:
This
is an appeal from the August 8, 2008 Decision of the Court of Appeals (CA) in
CA-G.R. CR-H.C. No. 02399 entitled People
of the Philippines v. Manuel Resurreccion, which affirmed the August 5, 2002 Decision of the Regional Trial
Court (RTC), Branch 119 in Pasay City in Criminal Case No. 00-1225 for violation
of Section 15, Article III of Republic Act No. (RA) 6425, as amended by RA
7659. Accused-appellant Manuel Resurreccion was sentenced to reclusion perpetua.
The Facts
An Information
charged accused-appellant as follows:
That on or about the 13th day of July 2000, in Pasay City, Metro Manila, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, Manuel Resurreccion, without authority of law, did then and there willfully, unlawfully and feloniously sell and deliver to another 992.9835 grams of Methamphetamine Hydrochloride (shabu), a regulated drug.
Contrary to law.[1]
During
his arraignment, accused-appellant gave a not guilty plea.
The Prosecution’s Version of Facts
At the trial, the prosecution
presented the following witnesses: Forensic Chemist Felicisima Francisco and National
Bureau of Investigation (NBI) Special Task Force members Atty. Reynaldo
Esmeralda, Special (SA) Agent Romeo J. Vallejo, and Special Investigator (SI) Eric
Isidoro.
According
to Atty. Esmeralda, an informant went to the NBI Special Task Force office on
During
cross-examination, Atty. Esmeralda stated that their computer records also
revealed that accused-appellant was convicted in one case by the RTC, for which
he was presently serving sentence.[3]
SA
Vallejo gave details as to his role as poseur-buyer and likewise corroborated
Atty. Esmeralda’s testimony. He testified that he and the informant waited for
accused-appellant to arrive while the rest of the buy-bust team hid within the
vicinity. Accused-appellant arrived around
During
his rebuttal examination, SA Vallejo said that accused-appellant’s claim of
extortion on the part of the buy-bust team was incredible. He said the amount of PhP 300,000 mentioned
by accused-appellant as the buy-bust team’s asking price was unbelievable
considering that the street value of a kilo of shabu is PhP 1,500,000.[5]
SI
Isidoro, a member of the back-up team, was likewise presented by the
prosecution. On the witness stand he
said that after the buy-bust operation, SA Vallejo gave him the green plastic
bag. He, in turn, marked the plastic bag and its contents and personally
brought the shabu to the Forensic
Chemistry Division.[6]
NBI
Forensic Chemist Francisco stated that she received the specimen, a plastic
bag, from SA Vallejo at her office. It was pre-marked and accompanied by a
Disposition Form. The contents of the 10 plastic sachets inside the plastic bag
were tested positive for methamphetamine hydrochloride or shabu after a series of examinations. She likewise subjected accused-appellant
to examination and found traces of ultra-violet fluorescent powder on his
hands.[7]
Version of the Defense
The
defense offered the testimonies of accused-appellant, his housemaid, Corazon
Meliton (Meliton), and Barangay
Captain Dominador Costales.
Accused-appellant
claimed that on the morning of July 13, 2000, he bought food for his invalid
friend, Vilma Vivas. He proceeded to her house on foot, accompanied by his
house maid, Meliton. At her house, they handed her the food they bought. Accused-appellant
and Vivas started talking. Suddenly, three men barged in around
Meliton,
who had been accused-appellant’s housemaid for three years, testified that
while they were at Vivas’ house, three men arrived and arrested accused-appellant.
One of the men ordered Meliton to go out. She then saw accused-appellant being
hit by a gun on his right side. He was also frisked and his wallet taken from
him. She immediately left the place
since she was scared and wanted to inform accused-appellant’s wife of what had
happened.[9]
Costales
was last to testify for the defense. He
was the Barangay Captain of the area
where the buy-bust operation took place. He confirmed that Vivas walked with a
limp and said that he would see her in the area. He testified that Vivas has
since left her house and that he received a letter from accused-appellant
seeking his assistance.[10]
The Ruling of the Trial Court
The
RTC pronounced accused-appellant guilty of the crime charged. It found that the
prosecution was able to establish all the elements in the sale of illegal
drugs. The dispositive portion of the
RTC Decision[11] reads:
WHEREFORE, finding the guilt of the accused MANUEL [RESURRECCION] y ALBERTO beyond reasonable doubt of violation of Section 15, Article III, Republic Act 6425, as amended by Republic Act 7659, said accused is hereby sentenced to reclusion perpetua and to pay a fine of One Million Pesos (P1,000,000.00).
SO ORDERED.
The Ruling of the Appellate Court
On appeal, accused-appellant faulted the trial court for
disregarding his defense of denial. He pointed to inconsistencies in the
testimonies of the prosecution witnesses. The CA, however, affirmed the
Decision of the RTC.[12] It
agreed with the trial court in holding that the inconsistencies cited by
accused-appellant were trivial and did not affect the integrity of the
prosecution’s evidence as a whole. The appellate court also observed that
accused-appellant failed to prove his claim that the evidence against him was
manufactured and that the police tried to extort money from him.
On September 2, 2008, accused-appellant filed his Notice of
Appeal from the appellate court’s Decision.
On March 30, 2009, this Court directed the parties to submit
supplemental briefs if they so desired. The parties manifested that they were
submitting the case for decision based on the records already submitted to the
Court.
The Issues
I
WHETHER THE COURT OF APPEALS ERRED IN FINDING ACCUSED-APPELLANT GUILTY BEYOND REASONABLE DOUBT OF VIOLATION OF SECTION 15, ARTICLE III OF RA 6425.
II
WHETHER THE COURT OF APPEALS GRAVELY ERRED IN NOT GIVING WEIGHT AND CREDENCE TO ACCUSED-APPELLANT’S DEFENSE OF DENIAL.
The Ruling of this Court
Accused-appellant
maintains that certain flaws in SA Vallejo and the other witnesses’ testimonies
were overlooked.
Another
claim made in this appeal is that the first link in the chain of custody was
not established by the prosecution. Accused-appellant points to the failure of
the buy-bust team to immediately mark the seized drugs as a cause to doubt the
identity of the shabu allegedly
confiscated from him.
The
Office of the Solicitor General (OSG), on the other hand, counters
accused-appellant’s arguments by saying that the alleged inconsistencies
referred to are too trivial to merit consideration. On the issue of chain of
custody, the OSG argues that accused-appellant’s contention is speculative and
without basis. The OSG likewise reasons that it is of no moment that the
confiscated drugs were marked at the NBI office.
We
affirm accused-appellant’s conviction.
Inconsistencies in Testimonial Evidence
Inconsistencies referring to who the
informant talked to at the NBI office, how many informants there were, and how
many vehicles were used, are not material. These matters were not necessary to
establish the elements of the crimes committed.[13]
The inconsistencies do not detract from the elements of the offense of illegal
sale of drugs, which the prosecution adequately established.[14]
Thus,
the trial court observed:
While this Court notes some discrepancy in the testimony of SA Vallejo and SI Isidoro as to the identity of the informant, wherein the former claimed that he [talked] to only a male informant while the former saw SA Vallejo talking with a male and a female [informant], this is trivial and does not impair the essential integrity of the prosecution’s evidence as a whole. SI Isidoro even explained that he was busy with other work in the office and just saw SA Vallejo conversing with the informants and his participation in this operation commenced when he was called in for a briefing. [15]
In
fact, it may well be pointed out that it was accused-appellant’s witness, Meliton,
who substantially contradicted the evidence presented by accused-appellant. She stated under oath that upon
accused-appellant’s arrest, she immediately left the place out of fear and to
inform the wife of accused-appellant of the arrest. Yet accused-appellant
testified that he was boarded into a van with
Meliton and a few others. We find this contradiction substantial as Meliton’s
testimony could have otherwise backed up accused-appellant’s alibi.
What
is more, the allegation of material inconsistencies involves a question of fact
which generally cannot be raised. We will not disturb the findings of the trial
court in assessing the credibility of the witnesses, unless some facts or
circumstances of weight and influence have been overlooked or the significance
of which has been misinterpreted by the trial court.[16] This
is so because of the judicial experience that trial courts have; they are in a
better position to decide the question, having heard the witnesses themselves
and observed their deportment and manner of testifying during the trial. They can, thus, more easily detect whether a
witness is telling the truth or not.[17]
All the more do we apply this rule when the trial courts’ findings are
sustained by the appellate court.[18]
Chain of Custody Requirements
Jurisprudence
tells us that the failure to immediately mark seized drugs will not
automatically impair the integrity of chain of custody.
The
failure to strictly comply with Sec. 21(1), Art. II of RA 9165 does not necessarily render an accused’s arrest illegal
or the items seized or confiscated from him inadmissible. What is of
utmost importance is the preservation of the integrity and the
evidentiary value of the seized items, as these would be utilized in
the determination of the guilt or innocence of the accused.[19]
As
we held in People v. Cortez,[20] testimony
about a perfect chain is not always the standard because it is almost always
impossible to obtain an unbroken chain. Cognizant of this fact, the Implementing
Rules and Regulations of RA 9165 on the handling and disposition of seized
dangerous drugs provides as follows:
SECTION 21. Custody and Disposition of Confiscated, Seized and/or Surrendered Dangerous Drugs, Plant Sources of Dangerous Drugs, Controlled Precursors and Essential Chemicals, Instruments/Paraphernalia and/or Laboratory Equipment. – The PDEA shall take charge and have custody of all dangerous drugs, plant sources of dangerous drugs, controlled precursors and essential chemicals, as well as instruments/paraphernalia and/or laboratory equipment so confiscated, seized and/or surrendered, for proper disposition in the following manner:
(a) The apprehending officer/team having initial custody and control of the drugs shall, immediately after seizure and confiscation, physically inventory and photograph the same in the presence of the accused or the person/s from whom such items were confiscated and/or seized, or his/her representative or counsel, a representative from the media and the Department of Justice (DOJ), and any elected public official who shall be required to sign the copies of the inventory and be given a copy thereof; Provided, that the physical inventory and photograph shall be conducted at the place where the search warrant is served; or at the nearest police station or at the nearest office of the apprehending officer/team, whichever is practicable, in case of warrantless seizures; Provided, further, that non-compliance with these requirements under justifiable grounds, as long as the integrity and evidentiary value of the seized items are properly preserved by the apprehending officer/team, shall not render void and invalid such seizures of and custody over said items x x x. (Emphasis supplied.)
Accused-appellant
broaches the view that SA Isidoro’s failure to mark the confiscated shabu immediately after seizure creates
a reasonable doubt as to the drug’s identity. People v. Sanchez,[21]
however, explains that RA 9165 does not specify a time frame for “immediate
marking,” or where said marking should be done:
What Section 21 of
R.A. No. 9165 and its implementing rule do not expressly specify is the matter
of “marking” of the seized items in warrantless seizures to ensure that the
evidence seized upon apprehension is the same evidence subjected to inventory
and photography when these activities are undertaken at the police station
rather than at the place of arrest.
Consistency with the “chain
of custody” rule requires that the “marking” of the
seized items – to truly
ensure that they
are the same items that enter the chain and are eventually
the ones offered in evidence – should be done (1) in the presence of the apprehended violator (2) immediately upon confiscation.
To
be able to create a first link in the chain of custody, then, what is required
is that the marking be made in the presence of the accused and upon immediate
confiscation. “Immediate confiscation” has no exact definition. Thus, in People v. Gum-Oyen,[22]
testimony that included the marking of the seized items at the police station
and in the presence of the accused was sufficient in showing compliance with
the rules on chain of custody. Marking upon immediate confiscation contemplates
even marking at the nearest police station or office of the apprehending
team.
It
is clear then that the prosecution was able to provide all the facts necessary
to establish adherence to the chain of custody rule. First, SA Vallejo, upon consummation of the transaction with
accused-appellant, handed the sachets of shabu
to SI Isidoro; second, SI Isidoro marked the sachets at their
headquarters; third, SI Isidoro then personally brought the
specimens to Forensic Chemist Felicisima Francisco, who found the items
positive for shabu; and fourth, the same specimens were
presented during trial as Exhibit “C.”
Moreover,
the presumption of regularity works against accused-appellant. The integrity of
the evidence is presumed to be preserved unless there is a showing of bad
faith, ill will, or proof that the evidence has been tampered with. Accused-appellant in this case has the burden
to show that the evidence was tampered or meddled with to overcome a presumption
of regularity in the handling of exhibits by public officers and a presumption
that public officers properly discharge their duties.[23] Having
failed to discharge this burden, his conviction must be affirmed.
Penalty Imposed
The
penalty prescribed under Sec. 15, Article III of RA 6425, as amended by RA
7659, for unauthorized sale of 200 grams or more of shabu or methamphetamine hydrochloride, is reclusion perpetua to death and a fine ranging from PhP 500,000 to PhP
10 million.[24]
Accused-appellant
was found guilty of selling 992.9835 grams of shabu. We, thus, affirm the RTC and CA’s imposition of reclusion perpetua and a fine of PhP
1,000,000.
WHEREFORE, the appeal is DENIED. The CA Decision in CA-G.R. CR-H.C.
No. 02399 finding accused-appellant Manuel Resurreccion guilty of violation of
Sec. 15, Art. III of RA 6425, as amended, is AFFIRMED.
SO
ORDERED.
PRESBITERO
J. VELASCO, JR.
Associate Justice
WE
CONCUR:
ANTONIO T.
CARPIO
Associate Justice
Chairperson
MINITA V.
Associate Justice
Associate Justice
DIOSDADO M.
PERALTA
Associate Justice
A T T E S T
A T I O N
I attest that the conclusions in the
above Decision had been reached in consultation before the case was assigned to
the writer of the opinion of the Court’s Division.
ANTONIO T. CARPIO
Associate Justice
Chairperson
C E R T I F I
C A T I O N
Pursuant to Section 13, Article VIII of the
Constitution, and the Division Chairperson’s Attestation, I certify that the
conclusions in the above Decision had been reached in consultation before the
case was assigned to the writer of the opinion of the Court’s Division.
LEONARDO A. QUISUMBING
Acting Chief Justice
[12]
[14] People v. Encila, G.R. No. 182419, February 10, 2009: When what is involved is a prosecution for illegal sale of regulated or prohibited drugs, conviction can be had if the following elements are present: (1) the identity of the buyer and the seller, the object, and the consideration; and (2) the delivery of the thing sold and the payment therefor. What is material is the proof that the transaction or sale actually took place, coupled with the presentation in court of the corpus delicti of the crime. The delivery of the contraband to the poseur-buyer and the receipt of the marked money consummate the buy-bust transaction between the entrapment officers and the accused.