G.R. No. 234773 - People vs. Jodan y Amla

Appellant Almaser Jodan y Amla was charged on October 4, 2007 with violation of Section 5, Article II of Republic Act (R.A.) No. 9165 for allegedly selling a dangerous drug (0.03 gram of shabu).
The charge stemmed from an Information dated January 4, 2008 that accused him of unlawfully selling, trading, dispensing, delivering, and distributing a dangerous drug.

A confidential informant provided information regarding the drug activities of a person known as “Almaser” in Barangay Culiat, Quezon City.
Based on this tip, a buy-bust team was organized that included PO1 Reyes (designated as the poseur-buyer), PO3 Ramos, PO1 Jimenez, PO1 Peggylynne Vargas, PO2 Ortiz, and others.
Preparatory steps included the marking of buy-bust money by PO1 Reyes and the coordination with the Philippine Drug Enforcement Agency, which issued a certificate of coordination.

On October 4, 2007 at approximately 6:25 a.m., PO1 Reyes and the confidential informant (CI) went to Mujahaden Street at the Salam Mosque Compound, Culiat, Quezon City.
In an alley, the CI introduced PO1 Reyes to a man identified as “Almaser” (the appellant) for a drug-buying transaction.
During the encounter, appellant was asked by PO1 Reyes if he was willing to “i-iskor” (sell), to which he responded affirmatively, accepting P200.00 and handing over a plastic sachet containing the white crystalline substance.
Following the transaction, PO1 Reyes signaled the completion of the operation by executing a pre-arranged signal (touching her right ear), after which the rest of the buy-bust team secured the scene.

PO3 Ramos searched appellant’s pockets and recovered the buy-bust money and two additional plastic sachets containing similar white crystalline substances.
The bought items were marked with the initials of the respective officers (e.g., “TBR” by PO1 Reyes; “LRR-10-04-07” by PO3 Ramos) and an inventory receipt was prepared at the crime scene, signed only by the police officers.
The seized drugs, along with the inventory receipt, were turned over to the investigating officer (PO1 Jimenez) and subsequently sent for laboratory testing, which confirmed the presence of methamphetamine hydrochloride.

Appellant was arraigned and pleaded not guilty, but the trial at the RTC of Quezon City resulted in a judgment convicting him and imposing life imprisonment plus a fine.
The RTC ruling was affirmed by the Court of Appeals (CA) on June 30, 2017, based on the alleged preservation of evidentiary integrity and an unbroken chain of custody.
Appellant raised issues regarding non-compliance with statutory procedures under Section 21 of R.A. No. 9165 and its Implementing Rules and Regulations (IRR), specifically the failure to secure the presence of required witnesses (media, DOJ representative, and elected official) during the physical inventory and photographing of the seized items.

Whether the RTC and the Court of Appeals erred in convicting appellant despite the alleged gaps in the chain of custody of the seized drugs.
Whether the prosecution failed to comply with the mandatory procedural safeguards under Section 21 of R.A. No. 9165 and its IRR, particularly the requirement to immediately inventory and photograph the seized drugs in the presence of the accused (or his representative), media, DOJ representative, and an elected public official.
Whether the failure to secure the attendance of the required witnesses and the absence of photographs during the inventory compromised the integrity and evidentiary value of the seized drugs, thereby hindering the establishment of the corpus delicti beyond reasonable doubt.