Case Digest (G.R. No. 254035)
Facts:
On April 14, 2016 in Bay, Laguna, the prosecution conducted a buy‑bust and executed a search that gave rise to three Informations charging ERWIN BATINO Y EVANGELISTA with Illegal Possession (Crim. Case No. 26503‑2016‑C), Illegal Sale (Crim. Case No. 26504‑2016‑C), and Illegal Possession pursuant to a search warrant (Crim. Case No. 26505‑2016‑C). The RTC convicted ERWIN BATINO Y EVANGELISTA for the Illegal Sale and one count of Illegal Possession, acquitted him in the warrant‑based possession charge for lack of particularity, and the Court of Appeals affirmed; the accused appealed to the Supreme Court.Issues:
- Was ERWIN BATINO Y EVANGELISTA guilty beyond reasonable doubt of Illegal Sale and Illegal Possession of Dangerous Drugs?
- Was the chain of custody for the seized items properly observed under Section 21, Republic Act No. 9165, as amended by Republic Act No. 10640?
Ruling:
The appeal was dismissed and the January 23, 2020 Decision of the Court of Appeals was affirmed. Case Digest (G.R. No. 254035)
Facts:
- Parties and charges
- People of the Philippines was the plaintiff-appellee.
- Erwin Batino y Evangelista was the accused-appellant.
- Batino was charged in three Informations dated April 14, 2016: Criminal Case No. 26503-2016-C (possession of three plastic sachets weighing 0.13 gram methamphetamine hydrochloride, violation of Section 11, RA 9165); Criminal Case No. 26504-2016-C (sale of one plastic sachet containing 0.04 gram methamphetamine hydrochloride, violation of Section 5, RA 9165); Criminal Case No. 26505-2016-C (possession of eleven plastic sachets weighing 0.72 gram methamphetamine hydrochloride recovered pursuant to a search warrant, violation of Section 11, RA 9165).
- Batino pleaded not guilty to all three charges.
- Composition and preparations of the buy-bust team
- The buy-bust team was led by Police Chief Inspector Owen Banaag and included PO1 Julie Moises Bassig (poseur buyer), PO1 Melchquesedick Tan, PO2 Francis Caparas, and PO3 Jerome Garcia.
- The team coordinated with the Philippine Drug Enforcement Agency and conducted a briefing during which PO1 Bassig was designated as the poseur buyer.
- PCI Banaag provided a marked P500.00 bill with marking "JMB" as buy-bust money.
- Buy-bust operation and arrest
- On April 14, 2016 at about 7:30 p.m., PO1 Bassig and the confidential informant approached Batino in Bay, Laguna.
- The informant asked Batino if he had "five packs" for his companion (PO1 Bassig); Batino replied in the affirmative.
- PO1 Bassig gave the marked money to Batino; Batino handed a plastic sachet containing suspected illegal drug taken from a small metal container in his pocket.
- PO1 Bassig executed the pre-arranged signal by pulling out Batino's motorcycle key; officers identified themselves and arrested Batino.
- During a preventive search of Batino's person, PO1 Bassig inspected the metal container and found three more plastic sachets.
- Marking, inventory, witnesses, and photographs at scene
- PO1 Bassig marked the items at the place of arrest: "EB-BB" for the sachet sold; "EB-1" to "EB-3" for the sachets in the metal container; "EB" for the metal container.
- Marking and inventory were witnessed by barangay chairman Florencio D. Dungo and media representative Efren Chavez, who signed the inventory receipts.
- Photographs of the seized items and the house subject of the search were taken.
- Search of Batino's house and additional seizures
- The police proceeded to implement a search warrant issued by RTC San Pablo City and recovered eleven plastic sachets from Batino's house.
- The sachets recovered from the house were immediately marked "EB-4" to "EB-14" in the presence of witnesses and Batino's relatives.
- A second inventory was prepared for items seized from the house and signed by the same witnesses; Batino signed a document on good conduct search.
- Custody and laboratory examination
- PO1 Bassig testified that he retained possession of all seized items in an evidence plastic bag from the operation until he personally delivered them to the crime laboratory.
- At the police station, PO1 Bassig showed the items to the duty investigating officer, who prepared a Request for Laboratory Examination; PO1 Bassig did not turn over the items to the duty investigator.
- Forensic Chemist Grace Plantilla-Bombasi tested the specimens and found them positive for methamphetamine hydrochloride.
- The parties later stipulated to dispense with Chemist Bombasi’s testimony and agreed that the examined specimens were marked "EB-BB" and "EB-1" to "EB-14" and were the same specimens transmitted for trial.
- Defense contentions
- Batino pleaded denial and alleged frame-up and planting of evidence.
- He claimed he was arrested in a different place, that the chain of custody was broken, and that the search warrant was irregular and possibly executed while he was in jail.
- He argued that prosecution witnesses lacked specifics on who received the seized items for laboratory examination.
- Trial court disposition
- The Regional Trial Court, Branch 37, Calamba City convicted Batino in...(Subscriber-Only)
Issues:
- Primary issue on guilt
- Whether Erwin Batino y Evangelista was guilty beyond reasonable doubt of Illegal Sale (Section 5, RA 9165) and Illegal Possession (Section 11, RA 9165) of dangerous drugs.
- Chain of custody and evidentiary admissibility
- Whether the prosecution established an unbroken chain of custody for the seized items under the amended Section 21 of RA 9165, as implemented by Republic Act No. 10640, such that the seized items could be admitted and identified as the *corpus delicti*.
- ...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)