G.R. No. 120132 - Galay vs. Court of Appeals

The case originated from three Informations charging Quisar Arances Dadang with violations of Sections 5, 11, and 12, Article II of R.A. No. 9165 (Comprehensive Dangerous Drugs Act of 2002).
The buy-bust operation was planned based on information provided by a confidential informant (CI) who identified Dadang as “Manoy” and claimed he was engaged in selling illegal drugs.
The operation was executed by the City Anti-Illegal Drug Task Force (CAIDTF) in Cagayan de Oro City, in coordination with the Philippine Drug Enforcement Agency (PDEA) as evidenced by the Certificate of Coordination.

On August 7, 2015, the CAIDTF team, composed of six police officers and the CI, mobilized to Jerggy’s Inn, located at 31st Street, Nazareth, Cagayan de Oro City.
The team conducted a final briefing and then positioned themselves strategically.
PO3 Cyrus Baillo, acting as the poseur-buyer, along with the CI, proceeded to the second floor of the inn to engage Dadang.

Upon the CI’s approach, Dadang opened the door and invited the team into his room without demanding the officers’ identification.
Inside the room, the CI signaled his intent by stating “pakuha ko Noy” while simultaneously handing over a P1,000.00 bill marked with PO3 Baillo’s initials.
In response, Dadang received the money with his left hand and, using his right hand, handed over a sachet containing a white crystalline substance (later tested positive as methamphetamine hydrochloride or shabu).
Following the transaction, the CI sent a pre-arranged signal by miscalling SPO1 Destura, prompting the backup team to proceed upstairs.

The officers entered the unlocked room, identified themselves as police, apprehended Dadang, and informed him of his constitutional rights.
During the body search, a plastic sachet of drugs and the marked money were recovered from Dadang’s left pocket.
At the crime scene and in Dadang’s presence, PO3 Baillo conducted an inventory and photographic recording of the seized items, which included:

Two heat-sealed transparent plastic sachets containing white crystalline substance; one (0.1982 gram) being the subject of the sale and the other (0.5449 gram) recovered during the search.
Drug paraphernalia such as an improvised aluminum foil, an improvised glass pipe, a disposable lighter with a needle attached, and a digital weighing scale.

The inventory process was witnessed by Barangay Kagawad Rommell Monte Pimentel and a media representative, Ronde D. Alicaya, though Dadang refused to sign the inventory receipts.

The seized items were brought to the police station where requests for a drug test (on Dadang) and laboratory examination of the evidence were filed.
At approximately 8:55 p.m., Dadang and the evidence were transported to the crime laboratory.
Forensic Chemist PSI Charite Peralta Caceres later testified that the two sachets of the white crystalline substance tested positive for methamphetamine hydrochloride, and the paraphernalia also showed traces of shabu.
The chain of custody was carefully maintained, with evidence properly inventoried, photographed, and deposited in the evidence room.

Dadang testified that he had been renting a room at Jerggy’s Inn for almost a month and was in the bathroom when a person in civilian clothes, armed with a firearm, forced entry.
He claimed that he was coerced, kicked, and later handcuffed, while his personal possessions (cell phone, gadget, and money) were confiscated by the assailants.
While detained later, Dadang recounted an incident where officers (PO3 Baillo and SPO1 Destura) informed him of their forthcoming testimony, to which he maintained his earlier denial of any involvement in the buy-bust operation.

On March 28, 2017, the Regional Trial Court (RTC) found Dadang guilty beyond reasonable doubt in three separate cases:

Criminal Case No. CR-DRG-2015-416 (Illegal Sale of Dangerous Drugs) – sentencing him to life imprisonment and a fine of P500,000.00.
Criminal Case No. CR-DRG-2015-417 (Illegal Possession of Dangerous Drugs) – sentencing him to imprisonment of 12 years and 1 day to 20 years and a fine of P300,000.00.
Criminal Case No. CR-DRG-2015-418 (Illegal Possession of Drug Paraphernalia) – sentencing him to imprisonment of 6 months and 1 day to 4 years and a fine of P10,000.00.

The Court of Appeals-Cagayan de Oro City subsequently affirmed the RTC’s decisions in its August 30, 2018 ruling, holding that all elements of the charged offenses were convincingly established and that the chain of custody was unbroken.

Dadang appealed his conviction seeking to have his conviction overturned on grounds including procedural irregularities and challenges to evidence integrity.
The appellate court, after reviewing the trial record and the chain of custody, dismissed the appeal as unfounded, thereby affirming the lower court’s findings and modifying penalties to align with recent jurisprudence.

Whether the buy-bust operation, including the entry, search, and apprehension inside Jerggy’s Inn, violated Dadang’s constitutional rights.
Whether the procedure of the inventory, photograph, and chain of custody of the seized items complied with the mandatory requirements under Section 21 of R.A. No. 9165 and its amendments.

Whether there was enough evidence to prove that a transaction or sale of illegal drugs actually took place, satisfying the elements of illegal sale.
Whether it was conclusively shown that Dadang was in unauthorized possession of dangerous drugs (shabu) and drug paraphernalia, establishing the elements of illegal possession.

Whether the trial court properly assessed the credibility of the prosecution witnesses versus Dadang’s account of coercion and irregularities during his arrest.
Whether Dadang’s allegations of being assaulted and coerced, and the subsequent confiscation of his personal property, had any bearing on the integrity of the evidence collected.

Whether the penalties imposed by the RTC and later modified by the appellate court conform to the statutory requirements under R.A. No. 9165 and related jurisprudence.
The application and implications of the Indeterminate Sentence Law in determining the prison terms for illegal possession of dangerous drugs and drug paraphernalia.