G.R. No. 267265 - People vs. Edwin Cordova y Manalastas, Jayson Taladua y Barbarrra, Mary Antonette Del Rosario y Tamondong, and Jaime Cordova y Manalastas

Accused: Edwin Cordova y Manalastas (Edwin), Jayson Taladua y Barbarra (Taladua), Jaime Cordova y Manalastas (Jaime), and Mary Antonette Del Rosario y Tamondong (Del Rosario).
Eight Informations filed before RTC-Quezon City, Branch 79: four counts of violation of Section 5, Article II, R.A. 9165 (illegal sale of dangerous drugs) against Edwin (Crim. Case Nos. R-QZN-19-01905-CR to R-QZN-19-01908-CR), and four counts of violation of Section 11, Article II, R.A. 9165 (illegal possession of dangerous drugs) against each individual accused (Crim. Case Nos. R-QZN-19-01909-CR to R-QZN-19-01912-CR).
Alleged shabu seized per case: 0.07 g (BB-LT-EC 01-17-19) for sale to poseur-buyer; 0.10 g (BT-AJT 01-17-19) for sale to Taladua; 0.08 g (FRB-JC 01-17-19) for sale to Jaime; 0.07 g (MAS-MAD 01-17-19) for sale to Del Rosario; and corresponding possession charges with analogous markings.

On February 11, 2019, all four accused pleaded not guilty.
Stipulations with PCI Bernardo Roque (QCPD Crime Laboratory): receipt on January 18, 2019 of five heat-sealed sachets with specific markings; qualitative examination yielded positive for methamphetamine hydrochloride; issuance of Chemistry Report No. D-180-19; resealing and turnover to evidence custodian PO2 Junia Tuccad; storage and production in court in same condition on February 11, 2019; no personal knowledge of arrest and seizure.

On January 17, 2019, SDEU of QCPD PS-5 received a tip re: alias “Bong” selling shabu in Barangay Greater Lagro. Verification done; buy-bust planned with PO1 Leehero Torres as poseur-buyer; back-up: PO1 Bernardo Ty, PO1 Maria Anthonette Sarmiento, and PO1 Fritz Roe Belaza; pre-arranged signal: towel on right shoulder.
11:00 p.m., along Ascension Road, Barangay Greater Lagro: confidential informant pointed to Edwin as “Bong.” Informant introduced Torres as buyer; Torres handed marked money; Edwin allegedly handed a plastic sachet of shabu.
Two men and a woman (later identified as Taladua, Jaime, and Del Rosario) arrived; one companion said, “Tol, mga barkada ko. Pautang kami ng kasang tres.” Edwin allegedly handed one sachet each to them.
Signal given; arrests made. Torres frisked Edwin and allegedly recovered buy-bust money and another sachet. Ty accosted Taladua and allegedly seized a sachet from his right hand. Sarmiento accosted Del Rosario.
Marking and inventory were conducted at the area in the presence of Barangay Captain Leo Garra and media representative Christopher Yu; DOJ/NPS rep unavailable. Inventory sheet signed by accused and witnesses; photographs taken. Seized items submitted to PCI Roque.

Taladua: an electrician at Edwin’s auto supply; claimed arrest on January 18, 2019 between 8:00–9:00 p.m. while sleeping at the auto supply; handcuffed by 4–5 plainclothes officers; brought to a van where Edwin was; brought to a 7-11 where items were laid out; then detained at PS-5; no explanation given to him for arrest.
Jaime: freelance electrician for Edwin; arrested January 17, 2019 at around 8:30 p.m. at SM Homes; room searched for “bato” (none found); brought to auto supply then PS-5; then to a 7-11 where items were laid out and photographs taken.
Edwin: owner of auto supply; arrested January 18, 2019 between 7:00–8:00 p.m. by plainclothes men who asked if he was “Bong”; claimed he was beaten and threatened; looking for “Maris” and “Inday” whom he did not know; with Jaime, Taladua, and a woman “Star” brought to PS-5 and 7-11; plastic sachets laid out which he did not recognize.

Del Rosario’s plea bargaining: Motion granted March 25, 2019 under A.M. No. 18-03-16-SC; convicted of Section 12, Article II, R.A. 9165; sentenced to six months and one day and fine of P10,000; directed to undergo DOH drug dependency evaluation.
RTC Joint Judgment (May 29, 2019):

Edwin: Guilty under Section 5 in R-QZN-19-01905-CR and R-QZN-19-01906-CR (life imprisonment; P500,000 fine each); Acquitted under Section 5 in R-QZN-19-01907-CR and R-QZN-19-01908-CR; Guilty under Section 11 in R-QZN-19-01909-CR (12 years and 1 day as minimum to 14 years and 8 months as maximum; P300,000 fine).
Jayson Taladua: Guilty under Section 11 in R-QZN-19-01910-CR (same penalty as above).
Jaime: Acquitted under Section 11 in R-QZN-19-01911-CR.
Ancillary orders: turnover of drugs for disposal; P100 bills to general fund.

Accused-appellants argued failure to establish every link in chain of custody under Section 21, R.A. 9165 as amended by R.A. 10640.
CA Decision (November 11, 2022): Affirmed RTC convictions of Edwin (two counts of Section 5 and one count of Section 11) and Taladua (Section 11); denied appeal.

Appeal under Rule 122 to the Supreme Court; Court reiterated that in criminal appeals, the entire case is open for review and the appellate court may consider unassigned errors and correct judgment on grounds other than those raised.

Whether the CA erred in affirming convictions despite the prosecution’s failure to establish an unbroken chain of custody, particularly the first link (seizure, immediate marking, inventory, and photographing at the place of arrest “immediately after seizure and confiscation” with required witnesses).
Whether the saving clause under Section 21(a), R.A. 9165 as amended by R.A. 10640 applies despite deviations in the chain of custody.

Whether an acquittal based on chain of custody lapses in favor of the appealing accused extends to a co-accused who entered into plea bargaining and whose conviction became final, pursuant to Section 11(a), Rule 122 of the Rules of Court.