G.R. No. 164815 - Valeroso vs. People

The appeal assailed the Court of Appeals’ Decision dated May 31, 2018 in CA-G.R. CR-HC No. 08634, which affirmed the findings of the Regional Trial Court.
Accused-Appellant Diego Flores y Casero was convicted for illegal sale of dangerous drugs.

On October 12, 2009, the Muntinlupa City Police Station Anti-Illegal Drugs Special Operations Task Group planned a buy-bust operation against Diego based on information and a surveillance report that he was selling shabu to jeepney drivers.
After the briefing, PO1 Michael Leal was designated as the poseur-buyer, PO3 Agosto Enrile as back-up, and other team members as perimeter guards.
On the following day, the confidential informant arranged a meeting in Diego’s house at #355 National Road, Barangay Alabang, Muntinlupa City.
In the target area, the confidential informant introduced PO1 Leal to Diego.
Diego greeted the informant’s companion and asked, in substance, whether he was the one the informant had mentioned as a “kumpare” who would “iiskor.”
The confidential informant replied in the affirmative.
Diego showed a gun and stated, in substance, not to worry because “they” feared him there.
Thereafter, PO1 Leal gave Diego the boodle money.
Upon receipt of the payment, Diego handed PO1 Leal a plastic sachet containing a white crystalline substance.
At that moment, PO1 Leal drew his gun and introduced himself as a police officer.
The rest of the entrapment team rushed in and arrested Diego.
The team recovered from Diego a gun, three ammunitions, and the buy-bust money.
The team proceeded immediately to the police station because a crowd was forming, including Diego’s relatives, and their presence might cause a commotion.

Handling, marking, inventory, and laboratory examination of the seized items

At the station, PO1 Leal marked the sachet with Diego’s initials “DF.”
The police officers conducted an inventory and photograph of the seized items witnessed by a representative from the City Drug Abuse Prevention and Control Office.
PO1 Leal and PO3 Enrile personally delivered the marked item to Ma. Victoria Meman, a non-uniformed personnel of the SPD Crime Laboratory Office.
Ma. Victoria Meman gave it to the forensic chemist, PCI Abraham Verde Tecson.
After examination, the substance tested positive for methamphetamine hydrochloride.
PCI Tecson marked the sachet with his initials “AVT” and sealed it; he also applied the designation “D-475-09S.”
PCI Tecson handed the sachet to the evidence custodian, PO3 Aires Abian, for safekeeping.

Diego was charged with violation of Section 5, Article II of R.A. No. 9165.
The RTC docketed the case as Criminal Case No. 09-681.
The information alleged that Diego, not being authorized by law, willfully and unlawfully sold, traded, delivered, and gave away a white crystalline substance weighing 0.03 grams, contained in a heat transparent plastic sachet, which tested positive for methamphetamine hydrochloride, a dangerous drug.

Diego denied the accusation.
He claimed that he was on his way to work when a police mobile parked beside him.
He asserted that three armed men in civilian clothes alighted, pointed guns at him, and searched him but found nothing.
He alleged that he was forcibly brought to the poli...(Subscriber-Only)

Whether the prosecution proved an unbroken chain of custody of the seized dangerous drugs

Whether the corpus delicti—the methamphetamine hydrochloride tested by the forensic chemist—was shown to be the same item seized from Diego, offered in court, and continuously handled without a material break.

Whether the prosecution’s compliance with Section 21, Article II of R.A. No. 9165 and its IRR was sufficient despite omissions in the inventory and photograph

Whether the absence of required insulating witnesses during the physical inventory and photograph of the seized items created a serious gap in the chain of custody.
Whether the replacement or substitution by a representative from the City Drug Abuse Prevention and Control Office could cure the non-compliance.

Ruling:

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Ratio:

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