G.R. No. 240224 - People vs. Ortega

On March 18, 2014, the Office of the City Prosecutor of Laoag filed two cases against accused-appellant Willruss Ortega.
Criminal Case No. 15891 charged Ortega with the illegal sale of a small sealed sachet of methamphetamine hydrochloride (“shabu”) on or about February 20, 2014, in Laoag City.
Criminal Case No. 15892 charged Ortega with the illegal possession of methamphetamine hydrochloride (0.69 grams, including plastic sachets) on the same day and location.

Upon his arraignment on April 2, 2014, Ortega pleaded “not guilty” to both charges.
The case proceeded with preliminary investigation and pre-trial conferences before being scheduled for trial on its merits.

On the night of February 20, 2014, at around 8:30 p.m., police received information from an asset that Ortega was seeking buyers for shabu.
A coordinated buy-bust operation was implemented:

PO2 Ramon Christopher Diego acted as the poseur buyer.
Other officers (PO2 Lawrence Ganir, PO2 Engelbert Ventura, and PO3 Melecio Antonio, Jr.) served as back-up operatives.
A pre-arranged signal (“Pulis! Arestado ka!”) triggered the immediate arrest of Ortega during the transaction.

Ortega handed a plastic sachet containing a white crystalline substance to PO2 Diego in exchange for a P1,000.00 bill.
Subsequent arrest and frisk yielded additional evidence: a leather coin purse containing six plastic sachets of shabu.
Police documented, photographed, marked, and prepared the seized items for laboratory examination.
PI Amiely Ann Luis Navarro conducted the forensic examination, confirming the substance as methamphetamine hydrochloride.

Ortega testified that on the night in question he was at home caring for his children, having departed only after receiving a text from his live-in partner, May Ann Colobong.
He claimed he went to a pharmacy with money to purchase medicine for their child and encountered what he later identified as police officers.
Ortega alleged that the arrest was executed without any prior interaction or explanation, and that he was physically forced from the scene.
Colobong corroborated Ortega’s account by testifying that she witnessed noises at the vicinity and later learned of his forcible detainment.

Found Ortega guilty beyond reasonable doubt of both illegal sale (Criminal Case No. 15891) and illegal possession of shabu (Criminal Case No. 15892).
Emphasized that the integrity and evidentiary value of the seized drugs were preserved by a proper chain of custody as per Section 21 of RA 9165.
Imposed penalties: Life imprisonment and a fine of Php500,000.00 for sale; and an indeterminate term (12 years and 1 day to 14 years) and a fine of Php300,000.00 for possession.

The Court of Appeals (CA) affirmed the RTC’s conviction in its November 9, 2017 decision, giving credence to the credibility of the police officers’ testimonies despite noted procedural lapses in the inventory process.

Whether Ortega was guilty beyond reasonable doubt of violating Sections 5 and 11, Article II of RA 9165 for the crimes of illegal sale and illegal possession of dangerous drugs.

Examination of the elements for illegal sale: proving the identity of the buyer and seller, the object sold, the consideration involved, and the subsequent delivery and payment.
Examination of the elements for illegal possession: proving that the accused was in control of the prohibited drug, that such possession was unauthorized, and that it was freely and consciously possessed.

Whether the procedural lapses in complying with Section 21 of RA 9165, particularly regarding the chain of custody and the presence of required witnesses during the inventory and photographing of the seized drugs, undermined the integrity of the evidence.