Case Digest (G.R. No. 203028)
Facts:
The People of the Philippines charged Joselito Beran y Zapanta @ Jose with selling shabu on or about August 26, 2003 in Manila, under Section 5, Article II of R.A. No. 9165. The RTC convicted him for life imprisonment, and the Court of Appeals affirmed, holding that a buy-bust operation led to his arrest and that the seized plastic sachet tested positive for methylamphetamine hydrochloride.On appeal, the prosecution relied mainly on the testimony of PO3 Knowme Sia, while other members of the buy-bust team either did not witness the exchange or were dispensed with by stipulation. The defense denied the buy-bust and claimed that the arrestors demanded money for release.
Issues:
- Whether the conviction could stand despite an alleged failure to establish an unbroken chain of custody over the seized shabu.
- Whether the prosecution sufficiently established the corpus delicti (the identity and integrity of the seized drug) beyond reasonable doubt.
- Whether non-compliance with Section 2
Case Digest (G.R. No. 203028)
Facts:
- Charge, accused, plea, and trial
- Accused-appellant Joselito Beran y Zapanta @ Jose was charged with violation of Section 5, Article II of R.A. No. 9165 (Comprehensive Dangerous Drugs Act of 2002).
- The Information alleged that on or about August 26, 2003, in Manila, Beran, not authorized by law to sell, trade, deliver, or give away any dangerous drug, willfully, unlawfully, and knowingly sold or offered for sale to a poseur buyer one (1) heat-sealed plastic sachet containing 0.030 gram of white crystalline substance known as SHABU (methylamphetamine hydrochloride).
- At arraignment on November 5, 2003, Beran pleaded not guilty.
- The Regional Trial Court (RTC) of Manila, Branch 13, rendered judgment on April 19, 2010 convicting Beran.
- On appeal, the Court of Appeals (CA) affirmed the RTC in a Decision dated March 9, 2012.
- The case took seven years at trial, attributed mainly to postponements due to alleged illnesses or reassignments of subpoenaed arresting officers.
- Prosecution version: buy-bust operation and arrest
- A confidential informant (CI) reported to the District Anti-Illegal Drug (DAID) Office of the Western Police District (WPD) at United Nations Avenue, Manila that a certain Joselito Beran alias Jose, described as a pedicab driver, was selling prohibited drugs, particularly shabu, in the vicinity of San Antonio Street in Tondo, Manila.
- Police Officer 3 (PO3) Rodolfo Enderina (Enderina) received the report and relayed it to Police Colonel Marcelino Pedroso, Chief of DAID-WPD.
- Pedroso ordered formation of a buy-bust team.
- At about 5:00 p.m. on August 26, 2003, the buy-bust team arrived in Tondo using one owner-type jeep and two scooters.
- The team members were: PO3 Enderina, PO3 Hipolito Francia, PO3 Benito Decorion (Decorion), PO2 Ernie Reyes, PO2 Alexander Delos Santos (Delos Santos), and PO3 Knowme Sia (Sia) as the poseur-buyer.
- In the jeep were PO3 Enderina, PO2 Delos Santos, and the CI; the rest rode the scooters.
- They parked near Gat Andres Hospital and proceeded on foot toward San Antonio Street.
- PO3 Sia and the CI walked ahead of the others; they reached the target area first.
- The CI saw Beran standing about 10 meters away near a poso or deep-well.
- After recognizing and pointing Beran to PO3 Sia, the CI approached Beran and the two conversed briefly.
- The CI signaled PO3 Sia to join; the CI introduced PO3 Sia as buyer of the prospected illegal drugs.
- Beran asked how much Sia was buying; the CI replied “piso lang” (P100).
- Beran took out a small heat-sealed plastic sachet from his pocket and handed it to PO3 Sia.
- PO3 Sia discretely examined the sachet and signaled satisfaction by indicating to Beran that he was satisfied with its contents.
- PO3 Sia took out a marked P100 bill and handed it to Beran.
- The back-up members watched from strategic locations.
- PO3 Sia executed the pre-arranged signal by touching his hair to indicate consummation of the sale and placed Beran under arrest simultaneously.
- Back-up operatives converged on Beran; PO2 Delos Santos arrived first and Sia turned custody of Beran to him.
- Sia kept the plastic sachet.
- The team brought Beran to the DAID-WPD office.
- At the office, PO3 Sia marked the seized plastic sachet with the initials “JB.”
- PO3 Sia recorded the incident in the police blotter and accomplished the Booking Sheet and Arrest Report (Exhibit F and F-1) and the Request for Laboratory Examination (Exhibit G and G-1).
- Sia later brought the seized plastic sachet to the WPD Crime Laboratory.
- Chemical testing allegedly showed that the plastic sachet contained methylamphetamine hydrochloride (shabu).
- Prosecution witnesses: who testified and what they said
- Beran presented a denial defense; the prosecution presented two witnesses: PO3 Francia and PO3 Sia.
- PO3 Francia admitted he served as mere look-out and did not witness the actual buy-bust transaction.
- PO3 Decorion did not testify after the RTC dispensed with his testimony because the parties stipulated that as designated driver, he did not see the exchange between Beran and PO3 Sia and did not witness Beran’s arrest.
- Thus, the crucial buy-bust narrative rested primarily on the uncorroborated testimony of PO3 Sia.
- Beran’s defense version
- Beran vehemently denied the alleged buy-bust transaction.
- He testified that on August 26, 2003 at around 2:00 p.m., while resting alone upstairs in his house, five WPD policemen arrived and ordered him to go with them.
- He asserted he was arrested without being apprised of his constitutional rights.
- He claimed the policemen handcuffed him, forcibly boarded him into an owner-type jeep, and brought him to WPD Headquarters.
- Beran alleged that PO3 Francia and PO3 Sia demanded P20,000.00 for his release without charge.
- Because Beran could not produce the amount, he claimed that they trumped up a charge of illegal sale of shabu.
- Beran testified alone in his defense.
- Testimony details on marking, money, and custody
- PO3 Sia testified he was chosen as the designated poseur-buyer and that the marked money was marked by him.
- PO3 Sia testified he marked the seized sachet with “JB.”
- PO3 Sia s...(Subscriber-Only)
Issues:
- Chain of custody and corpus delicti
- Whether the prosecution preserved the integrity and evidentiary value of the seized shabu through an unbroken chain of custody sufficient to establish the corpus delicti.
- Whether the appellate courts erred in convicting Beran based primarily on uncorroborated testimony of PO3 Sia despite alleged gaps.
- Compliance with Section 21 of R.A. No. 9165 and its IRR
- Whether the apprehending officers complied with Article II, Section 21(a) of the IRR of R.A. No. 9165 requiring immediate physical inventory and photograph in the presence of required witnesses in warrantless seizures, and whether any non-compliance was justified.
- Whether the alleged marking of the seized item was done in a manner consistent with the chain of custody requirements, including immediate marking and the presence of the accused, as required by the Court’s ...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)