G.R. No. 212994 - People vs. Que y Utuanis

Accused-appellant Joshua Que y Utuanis (Que) was charged with two separate violations of the Comprehensive Dangerous Drugs Act of 2002 (Republic Act No. 9165) in Criminal Cases Nos. 4943 (19810) and 4944 (19811).
In Criminal Case No. 4943, Que was accused of illegal sale of dangerous drugs, namely methamphetamine hydrochloride ("shabu"), based on a buy-bust operation on July 26, 2003, in Zamboanga City. He allegedly sold one small heat-sealed pack (0.0157 gram) of shabu to an undercover police officer (poseur-buyer).
In Criminal Case No. 4944, Que was charged with illegal possession of dangerous drugs, specifically one small heat-sealed pack (0.0783 gram) of shabu found on his person during arrest.
Que was arraigned on June 7, 2004, and pleaded not guilty to both charges.

The operation was initiated on a tip from an informant that Que was selling shabu in Fort Pilar area, Zamboanga City. PO3 Sammy Romina Lim acted as the poseur-buyer.
PO3 Lim and the informant met and approached Que where the transaction occurred. Que allegedly handed a plastic cellophane containing the drug to PO3 Lim, who gave back a marked P100 bill as payment and signaled for arrest. Que was arrested immediately.
Upon arrest, police recovered the marked bill and an additional sachet of shabu from Que. Que was then brought to the police station where the seized sachets and marked money were turned over to SPO4 Eulogio Tubo, who marked the items with his initials and prepared the laboratory request.

The prosecution presented three witnesses during bail hearings: poseur-buyer PO3 Lim, arresting officer SPO1 Samuel Tan Jacinto, and forensic chemist Police Chief Inspector Mercedes D. Diestro.
P/C Insp. Diestro testified that laboratory results confirmed the seized substances were methamphetamine hydrochloride (shabu).
The Regional Trial Court (RTC) denied Que’s motion to quash and bail petition and, after trial, found him guilty beyond reasonable doubt in both cases, sentencing him to life imprisonment with fines in case no. 4943 and twelve to fifteen years imprisonment with fines in case no. 4944.
The Court of Appeals affirmed the RTC decision in toto on August 12, 2013. Que filed a timely appeal to the Supreme Court.

Whether the prosecution proved beyond reasonable doubt the guilt of Joshua Que for illegal sale and possession of dangerous drugs under Sections 5 and 11 of RA No. 9165.

Whether the chain of custody requirements under Section 21 of RA No. 9165 were complied with to establish the integrity and identity of the seized drugs (corpus delicti).