Republic of the
Supreme Court
THIRD DIVISION
|
THE
PEOPLE OF THE Plaintiff-Appellee, - versus - JUAN MENDOZA y VICENTE,
Accused-Appellant. |
|
G.R.
No. 186387 Present: VELASCO, JR., J.,
Chairperson, PERALTA,
ABAD, SERENO,* JJ.
Promulgated: August 31, 2011 |
x
----------------------------------------------------------------------------------------
x
D E C I S I O N
MENDOZA, J.:
This is an appeal assailing the
Version of the
Prosecution
The evidence for the
prosecution shows that Senior Police Officer 4 Edelfonso Sison (SPO4 Sison)
received information from a long-serving unidentified informant of the Baguio
City Police Offices (BCPO) Drug Enforcement Section (DES) that
the accused contacted him and offered to sell shabu worth P1,000.00
to any interested buyer. The accused then
suggested that they meet at the stairs of the Cresencia Barangay Hall along
After interviewing the informant, Police Senior
Inspector Myles Pascual (PSI Pascual) decided to conduct a buy-bust
operation to entrap the accused. PSI
Pascual made arrangements for the informant, the accused, and the poseur buyer
officer to meet on
In coordination with the Philippine Drug
Enforcement Agency (PDEA), the entrapment team proceeded to the area at
Twenty minutes later, the accused arrived and
approached the informant. The latter introduced PO2 Antolin as the buyer. After
the accused asked if the buyer had the money, PO2 Antolin handed over P1,000.00. The accused then gave him two (2) sachets
containing white crystalline substance. PO2 Antolin raised his right hand, the
pre-arranged signal, signifying to the other team members that the transaction
had been consummated. The team rushed to assist PO2 Antolin, who arrested the
accused and recovered the buy-bust-money. PO2 Antolin frisked the accused and recovered
five (5) more small transparent sachets with white crystalline substance from
the pants pocket of the accused. He turned over the same to the team leader,
SPO4 Sison.
SPO4 Sison informed the
accused in Tagalog the reason why he was being arrested and apprised him of his
constitutional rights. The accused merely nodded but otherwise kept silent.[3] The buy-bust team then took the accused to the
BCPO, where PO2 Antolin identified him as Juan Mendoza, alias Ampi.
In a preliminary test,
the white crystalline substance recovered from the accused tested positive for
the presence of Methamphetamine Hydrochloride or shabu, a dangerous
drug.[4] The case
records state that after the conduct of such preliminary test, the items
confiscated from the accused were turned over to the Philippine National Police
(PNP) Crime Laboratory Service at Camp Bado Dangwa, La Trinidad, Benguet
for further analysis and disposition.[5]
A confirmatory test conducted on the same day by
Police Inspector and Forensic Chemical Officer Cecile Akiangan Bullong yielded
the same result.[6]
Version of the Accused
The accused alleges
that in the afternoon of
SPO4 Sison showed him a
photograph and demanded information about the person in the photo. When he
insisted that he did not know who it was, SPO4 Sison invited him to the
BCPO-DES. As he could not decline, he
went along with him.
At the DES, the police again asked him if he knew
the person in the photo and a certain Gary Chua, but he replied in the
negative. He was also questioned whether he knew someone who was selling drugs,
and he again replied in the negative. He
told the police that since his release from prison, he no longer dabbled in the
drug trade, as he already had a family. When he told SPO4 Sison that he did not
know anyone who was selling drugs, SPO4 Sison got angry.
After an hour, he was informed that he would be
subjected to a drug test. Again, unable to refuse, he was subjected to a drug
test at the BCPO Station 7 laboratory, in front of the DES. He was then brought
to the Baguio General Hospital (BGH) for a medical examination, and later
back to the police station.
During the interrogation at the police office, he
did not have a counsel present.[7] SPO4 Sison did not inform him that he was
being arrested for the possession of the 5 heat-sealed plastic sachets
containing shabu.[8]
Ruling of the Regional Trial Court
In its Decision dated
WHEREFORE, in Criminal Case No.
24384-R, judgment is rendered finding the accused GUILTY beyond any reasonable
doubt and he is hereby sentenced to suffer Life Imprisonment and to pay a fine
of ₱500,000.00 and in
Criminal Case No. 24385-R, judgment is rendered finding the accused GUILTY
beyond any reasonable doubt and he is hereby sentenced to suffer an
indeterminate sentence of Twelve (12) Years and One (1) Day to Fourteen (14)
Years, and to pay the costs.
SO ORDERED.[9]
Ruling of the Court of Appeals
In its Decision[10] dated
WHEREFORE, premises considered,
the appeal is DENIED for lack of merit. The
Decision dated 06 February 2007 of the Regional Trial Court of Baguio City,
Branch 61 finding the accused-appellant JUAN MENDOZA Y VICENTE guilty beyond
reasonable doubt for violations of Sections 5 and 11, Article II of Republic Act
No. 9165 in Criminal Case Nos. 24384-R and 24385-R and sentencing him to suffer
the penalty of life imprisonment and to pay a fine of ₱500,00[0].00, and the
indeterminate penalty of twelve (12) years and one (1) day to fourteen (14)
years, respectively, is AFFIRMED with MODIFICATION in that said
accused-appellant is hereby ordered to pay a fine of ₱300,000.00 in Criminal
Case No. 24385-R.
SO ORDERED.[11]
ASSIGNMENT OF ERRORS
In his Supplemental
Brief for the Accused-Appellant,[12] the
accused submits that the court a quo erred:
In not finding that the procedures for
the custody and disposition of confiscated dangerous drugs in Section 21 of
R.A. No. 9165 were not complied with, rendering the evidence compromised.
In
convicting the accused-appellant notwithstanding the fact that his guilt was
not established beyond reasonable doubt.[13]
Ruling of the Court
The Court finds the
arguments of the accused bereft of merit.
In crimes involving the sale of illegal drugs,
two essential elements must be satisfied: (1) identities of the buyer, the
seller, the object, and the consideration; and (2) the delivery of the thing
sold and the payment for it.[14]
In the prosecution for illegal possession of dangerous
drugs, on the other hand, it must be shown that: (1) the accused is in
possession of an item or an object identified to be a prohibited or a regulated
drug; (2) such possession is not authorized by law; and (3) the accused freely
and consciously possessed the said drug.[15] In this case, all these elements were satisfactorily
proven by the prosecution beyond reasonable doubt through testimonial,
documentary and object evidence presented during the trial. PO2 Antolin, the
designated poseur-buyer, testified as to the circumstances surrounding the
apprehension of the accused, and the seizure and marking of the illegal drugs
recovered from the accused. [16] Then, SPO4 Sison corroborated PO2 Antolins testimony and confirmed that all
the confiscated items recovered from the accused were turned over to him as
team leader.[17]
The
accused also argues that the procedure in the custody and disposition of the
dangerous drugs was not observed. The
Court finds, however, that the compliance with the chain of custody rule was
sufficiently established in this case.
In the
chain of custody in a buy-bust situation, the
following links must be established: first,
the seizure and marking, if practicable, of the illegal drug recovered from the
accused by the apprehending officer; second,
the turnover of the illegal drug seized by the apprehending officer to the
investigating officer; third, the
turnover by the investigating officer of the illegal drug to the forensic
chemist for laboratory examination; and fourth,
the turnover and submission of the marked illegal drug seized from the forensic
chemist to the court.[18]
Regarding the turnover by the investigating officer of the illegal drug to the
forensic chemist for laboratory examination, the parties admitted the
following facts during pre-trial:
1.
The fact that
the forensic chemist examined the drugs and prepared the report thereon but qualified that it did not come from the accused;
2.
Medico-legal Report;
3.
The witnesses to
the inventory witnessed the inventory taking, signed the inventory but they have no knowledge that the drugs came from the accused.
4.
Order of detention,
booking sheet and preliminary test;
5.
Existence of the
pre-operation report and the request for drug test.[19] [Emphases supplied]
The prosecution also presented several documents that traced how the
evidence changed hands.
The Inventory in the
Presence of Witnesses[20]
(Exhibit D) listed six small transparent heat-sealed plastic sachets, each
weighing approximately 0.3g and containing white crystalline substance
suspected to be Methamphetamine Hydrochloride or shabu, previously marked
as ECA 04/14/05[21], and showed
the corresponding photos taken during the inventory (Exhibit N).[22]
The Certificate of
Preliminary Test[23] (Exhibit
F) prepared under the signature of Marites Vizcara Tamio of the BCPO DES and
addressed to the Baguio City Prosecutor, certified that on April 14, 2005, at
3:00 oclock in the afternoon, she conducted a preliminary test on the same
marked items[24]
by using Simons reagent on the white crystalline substance contained in the
individually heat-sealed plastic sachets. All the items yielded a dark blue
color, indicating the presence of Methamphetamine Hydrochloride, a dangerous
drug. The same certificate stated that the alleged confiscated pieces of
evidence were turned over the to the PNP Crime Laboratory Service at Camp Bado
Dangwa, La Trinidad, Benguet for chemistry analysis and disposition.
Finally, Chemistry Report
No. D-044-2005[25]
(Exhibit G)[26]
issued by the PNP Regional
Crime Laboratory Office at Camp Bado Dangwa, La Trinidad, Benguet stated that following a
qualitative examination conducted on the same marked items,[27] it was
found that the specimens produced a positive result for the presence of
Methamphetamine Hydrochloride, a dangerous drug.
The illegal
drugs subject of the buy-bust transaction and those recovered from the person
of the accused were positively identified by PO2 Antolin, marked and presented
as evidence during trial:
Q x
x x I am showing you two sachets marked as Exhibit A ECA.
WITNESS:
A These
are the buy bust item, sir.
PROS. CATRAL:
Q Now
what does ECA stands (sic) for again?
A Edgar
Cortes Antolin, sir.
Q And
that will be you
A Yes,
sir.
Q And
A Yes,
sir.
Q And
BB. What would those letters mean?
A buy
bust, sir.
Q How
about this signature, whose signature would that be?
A My
signature, sir.
x x x
Q I
am presenting to you five sachets which your office marked as Exhibit CDEF and
G with the marking ECA,
A Yes,
sir.
Q And
for the record, what does ECA stands (sic) for?
WITNESS:
A Edgar
Cortes Antolin, sir.
PROS. CATRAL:
Q And
what does
A The
date, sir.
Q The
date of what?
A The
date of the transaction, sir.
Q And
what does R in the five sachets represents (sic)?
A Recovered,
sir.
PROS. CATRAL:
For purposes of identification, may we have
the two sachets marked as BB be marked as Exhibit M-1 and M-2 which are the
subject for sale and the other five other sachets with marking R be marked as
M-3, 4, 5, 6, and 7 to constitute the charge for possession.
COURT:
Mark it. [28]
From the foregoing circumstances, it is unmistakable
that there is no break in the chain of custody of the seized dangerous drugs
from the time that it came to the possession of PO2 Antolin to the point when
such items were presented and identified during trial. Clearly, there is no
doubt that the integrity and evidentiary value of the seized dangerous drug were
properly preserved, in compliance with what the law requires.
WHEREFORE, the
SO
ORDERED.
JOSE CATRAL
Associate
Justice
WE CONCUR:
PRESBITERO J. VELASCO, JR.
Associate Justice
Chairperson
DIOSDADO M.
PERALTA ROBERTO A.
ABAD
Associate Justice Associate
Justice
MARIA
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 Courts Division.
PRESBITERO J. VELASCO, JR.
Associate Justice
Chairperson, Third Division
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 Chairpersons
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 Courts Division.
RENATO C. CORONA
Chief Justice
*
Designated as additional
member of the Third Division per Special Order No. 1028 dated
[1] Penned by Associate Justice Celia C. Librea-Leagogo,
with Associate Justices Regalado E. Maambong and Agustin S, Dizon, concurring.
[2] Records, p.
186.
[3] TSN, November 22, 2005, pp. 33-34; TSN, March 7, 2006,
pp. 13-14; TSN, May 11, 2006, p. 20; TSN, August 14, 2006, pp. 25-26.
[4] Records, p. 54.
[5]
[6]
[7] TSN,
[8]
[9] CA rollo,
p. 18.
[10] Rollo, p. 2. Sixteenth Division. Penned by Associate Justice Celia C.
Librea-Leagogo, with Associate Justices Regalado E. Maambong and Agustin S.
Dizon, concurring.
[11]
[12]
[13]
[14] People v. Salak, G.R. No.
181249, March 14, 2011, citing People v. Razul, 441 Phil. 62, 75 (2002).
[15] People v.
[16] TSN,
[17] TSN,
[18] Ampatuan v. People, G.R. No. 183676, June 22, 2011, citing People
v. Magpayo,
G.R. No. 187069, October 20, 2010, 634 SCRA 441, 451
citing People v. Kamad, G.R. No.
174198, January 19, 2010, 610 SCRA 295, 307-308.
[19] Records, p. 73.
[20]
[21] The two items subject of the buy-bust bore the
additional mark BB, and the five items recovered from the accused upon
apprehension and arrest bore the additional mark R.
[22] Records, p. 69.
[23]
|
EXHIBIT |
QUANTITY |
DESCRIPTION |
|
Exh A |
Approximately zero point three (0.3) gram including
plastic sachet |
One (1) small transparent heat sealed plastic sachet
containing white crystalline substance suspected to be Methamphetamine
Hydrochloride or Shabu marked as ECA 04/14/05 with signature, BB |
|
Exh B |
Approximately zero point three (0.3) gram including
plastic sachet |
One (1) small transparent heat sealed plastic sachet
containing white crystalline substance suspected to be Methamphetamine Hydrochloride
/Shabu marked as ECA 04/14/05 with signature, BB |
|
Exh C |
Approximately zero point three (0.3) gram including
plastic sachet |
One (1) small transparent heat sealed plastic sachet
containing white crystalline substance suspected to be Methamphetamine
Hydrochloride/Shabu marked as ECA 04/14/05 with signature, R |
|
Exh D |
Approximately zero point three (0.3) gram including
plastic sachet |
One (1) small transparent heat sealed plastic sachet
containing white crystalline substance suspected to be Methamphetamine
Hydrochloride/Shabu marked as ECA 04/14/05 with signature, R |
|
Exh E |
Approximately zero point three (0.3) gram including
plastic sachet |
One (1) small transparent heat sealed plastic sachet
containing white crystalline substance suspected to be Methamphetamine
Hydrochloride/Shabu marked as ECA 04/14/05 with signature, R |
|
Exh F |
Approximately zero point three (0.3) gram including
plastic sachet |
One (1) small transparent heat sealed plastic sachet
containing white crystalline substance suspected to be Methamphetamine
Hydrochloride /Shabu marked as ECA 04/14/05 with signature, R |
|
Exh G |
Approximately zero point three (0.3) gram including
plastic sachet |
One (1) small transparent heat sealed plastic sachet
containing white crystalline substance suspected to be Methamphetamine
Hydrochloride/Shabu marked as ECA 04/14/05 with signature, R |
[25] Records, p. 70.
[26] Prepared by Police Inspector and Forensic Chemical
Officer Cecile Akiangan Bullong of the Regional Crime Laboratory Office at Camp
Bado Dangwa, La Trinidad, Benguet, and approved by Police Chief Inspector and
Provincial Chief Dalmacio Weygan Magantino.
[27] Exh A One
(1) small heat-sealed transparent plastic sachet with attached markings Exh
A, ECA,
Exh
B One (1) small heat-sealed transparent plastic sachet with attached
markings Exh A, ECA,
Exh
C One (1) small heat-sealed transparent plastic sachet with attached
markings Exh A, ECA,
Exh
D One (1) small heat-sealed transparent plastic sachet with attached
markings Exh A, ECA,
Exh
E One (1) small heat-sealed transparent plastic sachet with attached
markings Exh A, ECA,
Exh
F One (1) small heat-sealed transparent plastic sachet with attached
markings Exh A, ECA,
Exh
G One (1) small heat-sealed transparent plastic sachet with attached
markings Exh A, ECA,
[28] TSN,