G.R. No. 223562 - People vs. Dizon

Lean Noel Dizon @ "Jingle" was charged with two separate offenses under Republic Act No. 9165 (Comprehensive Dangerous Drugs Act of 2002):

Criminal Case No. 20259: Illegal sale of 0.15 grams of methamphetamine hydrochloride ("shabu") on December 5, 2010, at Barangay Poblacion, Siaton, Negros Oriental.
Criminal Case No. 20260: Illegal possession of 0.13 grams of methamphetamine hydrochloride ("shabu") on the same date and place.

Task Force Kasaligan (TFK) of Negros Oriental received information about appellant's illegal drug activities before the December 5, 2010 town fiesta.
A buy bust team was formed, including PDEA Special Investigator 1 Claire Oledan (poseur-buyer), NBI Special Agent Miguel Dungog (team leader), Police Officers Jerry Magsayo and Ramon Bernard Pedeglorio (back up), among others.
Marked money (Php500 bill) was used during the operation.
On the morning of December 5, 2010, Agent Oledan and the informant went to appellant’s residence. Appellant allegedly sold one sachet of shabu to Agent Oledan, who signaled the back-up officers. Appellant tried to escape but was arrested; another sachet was recovered from him.
Appellant was frisked, and marked money plus other Php500 bills were seized.
The seized items were marked and inventoried in the presence of appellant, two Barangay officials, and DOJ representative Nicanor Ernesto Tagle. Photographs of the inventory were taken by Agent Amatong.
Seized drugs were delivered to Forensic Chemist Josephine Llena, who positively identified the substances as methamphetamine hydrochloride.

Appellant and his sister Sheila Mae Dizon testified that appellant was merely standing by the gate when suddenly police officers forcibly accosted and handcuffed him without clear cause.
The police officers allegedly placed two sachets of shabu and money on a piece of paper in appellant’s presence, threatening him to cooperate or have the evidence used against him.
Barangay officials, local mayor, and other agents arrived and signed the inventory papers, which appellant was made to sign without counsel.
The police offered appellant a chance to become a police asset to avoid arrest, which he refused.
Appellant was subsequently taken to the NBI and police station where urine samples were collected.
Defense did not offer documentary evidence.

Illegal sale of 0.15 gram of shabu: life imprisonment and a fine of Php500,000.00;
Illegal possession of 0.13 gram of shabu: indeterminate sentence of 12 years and 1 day to 14 years and a fine of Php400,000.00.

Appellant raised several issues including invalidity of warrantless arrest, discrepancies in markings of seized items, defective inventory receipt, lack of counsel during signing, bias of DOJ representative witness, non-identification of the buyer, and non-testimony of the informant.
The Court of Appeals affirmed the conviction, ruling that the prosecution sufficiently proved the elements and maintained the chain of custody.

Appellant seeks acquittal, arguing mainly the invalidity of the arrest, non-compliance with procedural safeguards, and violation of chain of custody.
The Office of the Solicitor General adopts its brief before the Court of Appeals.
Appellant failed to file supplemental brief, thus deemed adopting earlier appellate brief.

Was appellant’s warrantless arrest, including the incidental search of his person, valid?
Is the informant’s testimony indispensable for a successful prosecution for illegal sale of drugs?
Was DOJ representative Agent Tagle, who witnessed the inventory, a member of the buy bust team and hence a biased witness?
Was the chain of custody rule complied with in this case?