G.R. No. 188330 - People vs. Rosialda

Case Digest (G.R. No. 188330)
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Facts:

Case posture and lower courts
The appeal arose from the February 17, 2009 Decision of the Court of Appeals (CA) in CA-G.R. CR No. 02968, which affirmed the April 27, 2007 Decision of the Regional Trial Court (RTC), Branch 164 in Pasig City.
The RTC found accused-appellant Rogelio Rosialda guilty of violating Section 5, Article II of Republic Act (RA) 9165 (Comprehensive Dangerous Drugs Act of 2002).
The RTC imposed life imprisonment and a fine of PhP 500,000, with accessory penalties under Section 35 of RA 9165.
The RTC ordered the confiscated plastic sachet containing shabu (identified in the RTC decision as Exhs. “D” and “D-1”) confiscated in favor of the government and turned over to the Philippine Drug Enforcement Agency for destruction.
The CA denied the appeal, affirmed the RTC in toto, and upheld the conviction.

Information filed and charge
On or about March 27, 2003 in Pasig City, and within the jurisdiction of the court, Rosialda, not being lawfully authorized by law, willfully, unlawfully, and feloniously sold, delivered, and gave away to PO1 Roland A. Panis (a police poseur buyer) one small heat-sealed transparent plastic sachet containing 0.03 gram of a white crystalline substance.
The substance was alleged to be found positive for methylamphetamine hydrochloride (shabu).
The case was docketed as Criminal Case No. 12267-D entitled People of the Philippines v. Rogelio Rosialda y Jamot @ Bong.
At arraignment, Rosialda pleaded not guilty.

Buy-bust operation and seizure
On March 27, 2003, the Mayor’s Special Action Team, City Hall Detachment, Pasig City Police, received information from Brgy. Councilor Antonio Santos of Brgy. Rosario, Pasig City, that alias “Bong” was selling shabu in the vicinity.
Santos gathered the information from an informant.
The police constituted a team, in coordination with the Philippine Drug Enforcement Agency, to conduct a buy-bust operation against alias “Bong.”
PO1 Roland A. Panis was designated poseur-buyer.
Panis was supplied with a PhP 100 bill as buy-bust money, and he marked it with his initials “RAP.”
In coordination with the informant, the police proceeded to Sampaguita Street, Jabson Site, Brgy. Rosario, Pasig City to conduct the operation.
The informant led Panis to Bong, while the other police officers stood back waiting for the designated signal from the poseur-buyer.
After introductions, Bong asked Panis and the informant what they wanted, and they said they wanted “to score,” a code meaning to purchase shabu.
When asked, Panis replied he wanted PhP 100 worth of shabu, and he handed the marked PhP 100 bill.
Bong handed Panis a plastic sachet of white crystalline powder.
Panis then signaled the other policemen that the buy-bust was carried out, and they converged on Panis, the informant, and Bong.
Panis held Bong’s hand, introduced himself as a police officer, informed him of his violation, and apprised him of his constitutional rights.
Thereafter, Panis marked the plastic sachet as “Exh A RAP 3/27/03.”
At the police station, Bong was identified as accused-appellant Rogelio Rosialda.

Laboratory examination and documentary proof
At the police station, Panis turned over the plastic sachet to Police Senior Inspector Rodrigo Villaruel, who prepared a laboratory examination request addressed to the Eastern Police District Crime Laboratory Office.
PO1 Mariano brought the plastic sachet with the examination request to the crime laboratory, where it was received by PO1 Chuidian.
P/Insp. Lourdeliza Gural examined the contents and prepared Chemistry Report No. D-548-03E.
The qualitative examination gave a positive result for Methylamphetamine hydrochloride, a dangerous drug (identified as Exh. “C”).

Pre-trial stipulations
The parties stipulated on the following:

The existence of the specimen (white crystalline substance contained in the plastic sachet marked as “Exh A RAP 3/27/03”).
That a request for the examination of the specimen was made.
That P/Insp. Gural examined the same and issued Chemistry Report No. D-548-03E.
That P/Insp. Gural had no personal knowledge from whom the specimen was taken.
That the examination identified the specimen as methylamphetamine hydrochloride or shabu.

Trial testimony and defense
The prosecution presented as witnesses:

PO1 Panis; and
Three other police officers to corroborate Panis’s testimony: PO1 Janet Sabo, PO3 Arturo San Andres, and Senior Police Officer 1 Amilassan Salisa, all from the Pasig City Police Station, City Hall Detachment.

P/Insp. Gural was not presented as a witness at the trial.
The defense presented:

Accused-appellant Rogelio Rosialda,
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Issues:

Frame-up and ill-motive
Whether the evidence established ill-motive sufficient to give credence to Rosialda’s claim that he was framed.

Proof of the charged sale and corpus delicti
Whether the prosecution proved beyond reasonable doubt the elements of sale of dangerous drugs under Sec. 5, Art. II of RA 9165, particularly:

The occurrence of the transaction/sale; and
The presentation of the corpus delicti (illicit drug) as evidence.

Chain of custody and Sec. 21 non-compliance
Whether the prosecution’s handling of the seized drugs showed an unbroken chain of custody from seizure through laboratory examination and court presentation.
Whether the claimed failure to comply with Sec. 21, Art. II of RA 9165 (photographing the seized drugs in the presence of the accused or his representative/counsel) was fatal to con...(Subscriber-Only)

Ruling:

(Subscriber-Only)

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