G.R. No. 245972 - People vs. Asaytuno, Jr.

Criminal charges and accused-appellants’ pleas
People of the Philippines charged Martin H. Asaytuno, Jr. and Renato H. Asaytuno with illegal sale of dangerous drugs under Section 5 of Republic Act No. 9165, in Criminal Case No. 15-547.
The Information alleged that on February 25, 2015, in Makati City, the accused, without the necessary license or prescription and without authority by law, willfully, unlawfully, and feloniously sold, delivered, and gave away Methamphetamine Hydrochloride weighing zero point forty three (0.43) gram, in consideration of PHP1,000.
People of the Philippines also charged Martin with illegal possession of dangerous drugs under Section 11 of Republic Act No. 9165, in Criminal Case No. 15-548.
The Information alleged that on the same date, in Makati, Martin had in his possession, direct custody, and control a total of zero point twenty nine (0.29) grams of Methamphetamine Hydrochloride, without lawful authorization or the corresponding license or prescription.
Upon arraignment, both accused-appellants pleaded “not guilty”.

The prosecution claimed that based on a report on the drug activities of alias “Jun” in Barangay East Rembo, Makati City, P/Supt. Mario Ignacio directed that a buy-bust operation be conducted.
The prosecution stated that a briefing was held by P/Insp. Racoma at around 9:00 p.m. on February 24, 2015.
The prosecution designated:

PO2 Limbauan was given a marked PHP1,000.00 peso bill as buy-bust money.
PO1 Pagulayan coordinated with the Philippine Drug Enforcement Agency and secured Coordination Form No. 0215-00272.
The prosecution recounted that verification with their informant showed that Jun was no longer in the area; thus, the buy-bust team suspended the operation and instructed the informant to contact them once Jun returned.
On February 25, 2015, at about 6:00 p.m., the informant reported that Jun was again seen in Barangay East Rembo.
The buy-bust team proceeded to 27th Avenue, Barangay East Rembo, to meet the informant, then moved with the informant on foot toward the target area at 24th Avenue, Barangay East Rembo, while the rest formed a perimeter.

The alleged sale, arrest, and seizure particulars
PO2 Limbauan and the informant saw two men standing together.
The informant identified the taller man as Jun.
The informant introduced PO2 Limbauan as a friend looking to purchase shabu.
Jun asked the price; PO2 Limbauan answered PHP1,000.00 worth.
Jun instructed his companion, alias “Ato,” to receive the payment.
PO2 Limbauan handed the marked PHP1,000.00 bill to Ato.
Jun then gave PO2 Limbauan one (1) plastic sachet which appeared to contain shabu.
PO2 Limbauan pocketed the sachet and executed the pre-arranged signal by scratching his ear.
PO2 Limbauan grabbed both Jun and Ato, introduced himself as a police officer, and frisked Jun.
PO2 Limbauan recovered the marked PHP1,000.00 bill and two (2) other sachets of suspected shabu from Jun.
Nothing was recovered from Ato.
Jun was identified as Martin H. Asaytuno, Jr., and Ato was identified as Renato H. Asaytuno.

Inventory, marking, photographs, and laboratory examination
After the frisking, PO2 Limbauan called for an elected barangay official for the conduct of inventory.
The prosecution stated that no one immediately came, so the operatives decided to bring Martin and Renato and the seized evidence to the East Rembo Barangay Hall.
At the barangay hall, an inventory was conducted in the presence of Kagawad Awit.
The plastic sachet handed by Martin to PO2 Limbauan was marked “SCL.”
The sachets retrieved by PO1 Pagulayan during the frisking were marked “SCL-1” and “SCL-2.”
Photographs were taken during the inventory.
The Inventory Receipt was received by PO3 Voltaire Esguerra (PO3 Esguerra), who prepared requests for laboratory examination and drug test.
PO3 Esguerra delivered the sachets to the Southern police District for chemical analysis, which was conducted by PCI Bonifacio.
The chemistry report indicated that the contents of all three sachets tested positive for shabu.

Defense testimony and counter-allegations
Martin testified that between 12:00 and 12:30 a.m. on February 26, 2015, he was inside his room in their house at 179-B 24th Avenue, East Rembo, Makati City with his fifteen-year-old daughter, Maxeem, folding clothes while Renato slept in another room.
Martin claimed that several persons later identified as police officers entered the house with alias “Boteng.”
Martin stated that he was instantly grabbed, handcuffed, and frisked; police officers took his...(Subscriber-Only)

Evidentiary burden in drug offenses and the corpus delicti requirement
Whether the prosecution proved beyond reasonable doubt the elements of illegal sale of dangerous drugs, including the identity and integrity of the corpus delicti (the seized drugs).
Whether the prosecution proved beyond reasonable doubt the elements of illegal possession of dangerous drugs, including the identity and integrity of the corpus delicti.
Whether failure of law enforcers to strictly comply with chain of custody requirements defeated proof of corpus delicti, considering the case involved miniscule amounts of dangerous drugs.

Chain of custody and compliance with Section 21 of Republic Act No. 9165
Whether the prosecution’s handling of the seized sachet—particularly the claimed act of PO2 Limbauan pocketing the sachet and the subsequent transfer to the barangay hall before marking—constituted fatal gaps in chain of custody.
Whether “marking” and other steps were done with the timing and safeguards required for warrantless seizures such as buy-bust operations.
Whether the absence of required third-party witnesses during apprehension (and their inadequacy during inventory) constituted non-compliance with Section 21 of Republic Act No. 9165, as amended by Republic Act No. 10640 (2014).
Whether non-compliance, if any, was excused under Republic Act No. 9165, Section 21(1) by showing both justifiable grounds ...(Subscriber-Only)