G.R. No. 211478 - Duhay et al. vs. Ombudsman

An Information was filed against accused-appellant Welito Serad y Ravilles (Wacky) for allegedly selling one (1) heat-sealed transparent plastic sachet containing 0.32 gram of Methamphetamine Hydrochloride (“shabu”) in violation of Section 5, Article II of Republic Act No. 9165.
The prosecution alleged that on January 10, 2011, in Dumaguete City, Wacky, not authorized by law, willfully and unlawfully sold the dangerous drug to a poseur buyer.
A confidential informant tipped off the Task Force Kasaligan, prompting a meticulously planned buy-bust operation.

The operation was led by SA Miguel Dungog and included designated poseur-buyers (PO2 Mark Jester Ayunting and a confidential informant), with SPO2 Allen June Germodo and other officers providing backup.
Prior to the buy-bust, the team prepared marked five hundred peso bills (nine pieces) and agreed on using a drop call signal during the transaction.
At the target location—Wacky’s house, approximately 50 meters off the main road—the poseur-buyers negotiated with Wacky.
During the transaction:

Wacky retrieved the shabu from inside his house and handed over the plastic sachet.
PO2 Ayunting signaled the backup team via a pre-arranged drop call once the transaction was underway.
As the back-up arrived, Wacky fled; during the ensuing chase, he discarded the marked money.
Wacky was eventually caught by PO2 Ayunting, in the presence of SPO2 Germodo and other team members.

Immediately after the arrest, PO2 Ayunting secured the seized plastic sachet by marking it “WS-BB” (Wellito Serad-Buy Bust).
A preliminary inventory and photographic documentation were conducted at the scene in the presence of:

Due to the absence of an elected official at the scene, a subsequent inventory was held at the NBI-Dumaguete District Office with the presence of Dandan Teves Leon (elected public official).
The chain of custody was maintained as the items were turned over to the Provincial Crime Laboratory for forensic examination within the required 24-hour period.

Wacky contended that on the day of the incident he was at a well behind his house when two men in civilian clothes approached him.
He claimed that former NBI Supervising Agent Miguel Dungog and his cohort forcibly apprehended him and coerced him to disclose information regarding another person (Ricardo Pimentel alias “Tadong”).
Wacky denied ever selling shabu, arguing the case was motivated by personal animosity stemming from a previous arrest and subsequent acquittal in 2006.
He questioned the inconsistencies in the evidentiary details, such as:

The discrepancy between the quantity sold versus the amount paid (P4,500.00 worth of shabu versus 0.32 gram).
The recovery of only one out of nine marked five hundred peso bills post-arrest.

After trial on the merits, the RTC of Negros Oriental (Branch 30) convicted Wacky beyond reasonable doubt for illegal sale of dangerous drugs, sentencing him to life imprisonment alongside a fine of Five Hundred Thousand Pesos (P500,000.00).
The Court of Appeals affirmed the RTC’s decision, holding that the physical inventory and chain of custody of the seized item were satisfactorily established despite minor deviations in procedure.
The prosecution’s evidence was deemed sufficient to establish both the occurrence of the transaction and the integrity of the corpus delicti.

Whether the Court of Appeals erred in affirming the conviction and finding Wacky guilty beyond reasonable doubt for the illegal sale of dangerous drugs.
Whether the deviations in the procedural requirements—specifically the presence of all three mandated witnesses during the immediate inventory—compromised the integrity of the evidence and the chain of custody.