Title
People vs. Dadang
Case
G.R. No. 242880
Decision Date
Jan 22, 2020
Dadang convicted for illegal sale, possession of shabu, and drug paraphernalia under R.A. 9165; buy-bust operation upheld, chain of custody preserved, penalties affirmed.

Case Summary (G.R. No. 242880)

Factual Background: The Buy-Bust and Arrest at Jerggy’s Inn

On August 7, 2015, the buy-bust operation was planned by the CAIDTF in coordination with the PDEA. Acting on a CI’s information that “Manoy” was selling illegal drugs, police formed a buy-bust team. A P1,000.00 bill marked money, bearing the initials of PO3 Baillo, was prepared for the transaction. The team, composed of six police officers and the CI, proceeded to the target area, Jerggy’s Inn at 31st Street, Nazareth, Cagayan de Oro City.

The team arrived at about 5:30 p.m. after an initial briefing and positioned themselves strategically. PO3 Baillo, together with the CI, went to the second floor and knocked on the door of the room where Dadang was lodging. Without asking names, Dadang immediately opened the door and invited them inside. Inside, PO3 Baillo observed drug paraphernalia on the bed, consisting of: one piece of improvised aluminum foil used as gutter; one piece of improvised glass pipe as totter; one disposable lighter with a needle attached; and one digital weighing scale.

The CI told Dadang, “pakuha ko Noy,” meaning they wanted to buy illegal drugs, while handing over the marked P1,000.00 bill. Dadang received the money with his left hand and, in exchange, gave the CI a sachet containing a white crystalline substance using his right hand. The CI then gave the substance to PO3 Baillo and miss-called SPO1 Destura as the pre-arranged signal. SPO1 Destura and the rest of the team then went upstairs, entered the room, introduced themselves as police officers, and apprised Dadang of his constitutional rights.

Inventory, Marking, and Witnesses at the Place of Arrest

After the arrest, PO3 Baillo conducted a body search on Dadang and recovered: one plastic sachet containing white crystalline substance from Dadang’s left pocket, and the marked P1,000.00 money from his left pocket. At the crime scene and in Dadang’s presence, PO3 Baillo made an inventory of the seized items and marked the sachet sold by Dadang as A-1 and the recovered sachet as A-2. The weighing scale, disposable lighter, improvised aluminum foil, and improvised glass pipe were likewise marked, together with a gun that was stated to be the subject of another case. After inventory, a photograph of the seized items was taken.

The inventory and photographs were witnessed by Barangay Kagawad Rommell Monte Pimentel of Barangay Nazareth and by a media representative, Ronde D. Alicaya of RMN, DXCC. PO3 Baillo prepared two inventory receipts—one for drug evidence and one for non-drug evidence—and although the inventory was witnessed by Dadang, he refused to sign the receipts.

Laboratory Examination and Forensic Findings

After the buy-bust team returned to the police station, PO3 Baillo made a Request for Drug Test of Suspected Accused and a Request for Laboratory Examination of Seized Items. Around 8:55 p.m., Dadang and the seized items were brought to the crime laboratory for urine drug testing and laboratory examination.

The seized items brought to the laboratory included two heat-sealed transparent plastic sachets, each containing a white crystalline substance, together with one improvised glass pipe and one aluminum foil strip, placed in a self-sealing plastic bag. At the laboratory, SPO2 Aldao and Forensic Chemist PSI Charite Peralta Caceres received the items for examination. Under Chemistry Report No. D-584-2015 dated August 7, 2015, the two sachets—containing white crystalline substance weighing 0.1982 gram (the subject of the sale) and 0.5449 gram (recovered from possession)—and the folded aluminum foil and improvised glass pipe tested positive for methamphetamine hydrochloride or shabu. The drug specimens and paraphernalia were then deposited with PO2 Gamaya, the crime laboratory evidence custodian, for safekeeping until PSI Caceres testified in court.

Defense Version: Denial and Alleged Planting

Dadang denied the buy-bust events and the confiscation of shabu and drug paraphernalia. He testified that, on August 7, 2015, he was at Jerggy’s Inn where he had been renting a room for almost a month. Around 5:30 p.m., while he was inside the bathroom preparing to bathe, someone in civilian clothes opened the door, poked a firearm at him, and made him lie on the bathroom floor. He was asked where he placed the shabu, which he denied knowing, and he was kicked when he reiterated his denial.

Dadang claimed that additional persons later arrived, took his cell phone, gadget, and money, and he was brought to the Maharlika Police Station. He denied both the buy-bust operation and the alleged seizure. He also narrated that while detained at the Lumbia City Jail, on October 5, 2015, PO3 Baillo and SPO1 Destura allegedly told him to prepare for a planned testimony, and he testified that SPO1 Destura rehearsed the same story that would be told the following day.

Proceedings in the RTC and Affirmance by the Court of Appeals

The RTC found Dadang guilty beyond reasonable doubt of Illegal Sale, Illegal Possession of Dangerous Drugs, and Illegal Possession of Drug Paraphernalia, imposing the corresponding penalties under R.A. No. 9165. In CR-DRG-2015-416, Dadang was sentenced to life imprisonment and a fine of P500,000.00. In CR-DRG-2015-417, the RTC imposed imprisonment of twelve (12) years and one (1) day to twenty (20) years and a fine of P300,000.00. In CR-DRG-2015-418, he received imprisonment of six (6) months and one (1) day to four (4) years and a fine of P10,000.00. The RTC ordered the two heat-sealed transparent plastic sachets containing shabu, marked as Exhibits “E” to “E-1”, confiscated and destroyed under R.A. No. 9165.

On appeal, the Court of Appeals-Cagayan de Oro City affirmed in toto. It held that the prosecution established all the elements of the charged offenses and that there was an unbroken chain of custody. It ruled that the witnesses described every link of the chain from confiscation through presentation in court, thus sustaining the admissibility, integrity, and evidentiary value of the seized items.

Issues Raised on Appeal and Applicable Standards

Dadang sought reversal of his convictions. The Supreme Court decision framed the controlling requirements for each charge. For Illegal Sale under Section 5, Article II of R.A. No. 9165, the Court noted that the prosecution must prove: (1) the sale or transaction occurred; (2) the illicit drug or corpus delicti was presented in court as evidence; and (3) the identities of buyer and seller were established. The Court also reiterated that the material point in illegal sale cases is proof of the transaction coupled with presentation of the corpus delicti.

For Illegal Possession of Dangerous Drugs under Section 11, Article II, the prosecution must show: (1) the accused possessed an item identified as a prohibited drug; (2) possession was not authorized by law; and (3) the accused freely and consciously possessed the drug. For Illegal Possession of Drug Paraphernalia under Section 12, Article II, the prosecution must prove that the accused was in possession or control of equipment or paraphernalia fit or intended for smoking, consuming, administering, or similar acts, and that such possession was not authorized by law.

The Court further emphasized that, in prosecutions involving dangerous drugs, the identity of the dangerous drug must be proven with moral certainty, because the drug itself forms an integral part of the corpus delicti. Failure to prove the integrity of the corpus delicti results in insufficiency of evidence for conviction beyond reasonable doubt.

Chain of Custody and Compliance with Section 21 of R.A. No. 9165

The Supreme Court examined whether the buy-bust team complied with the procedure on custody and disposition of seized dangerous drugs under Section 21, Article II of R.A. No. 9165, as amended by R.A. No. 10640. The Court discussed that Section 21(1) required immediate physical inventory and photographing of seized items at the place of search warrant service or, for warrantless seizures, at the nearest police station or nearest office of the apprehending team, in the presence of the accused or representatives, a media representative, a DOJ representative, and any elected public official required to sign copies of the inventory. The IRR provisions supplemented these requirements and recognized a saving clause for non-compliance under justifiable grounds, provided that the integrity and evidentiary value of the seized items were preserved.

The Court also noted that Section 21(1) of R.A. No. 9165 was amended by R.A. No. 10640, and although it modified the required number of witnesses, it adopted the saving clause. Under the text quoted in the decision, the physical inventory and photograph had to be conducted in the place where the warrant was served or at the nearest office in warrantless cases, and noncompliance under justifiable grounds would not void seizures if integrity and evidentiary value were properly preserved.

Applying these principles, the Court found that after arrest and search during the buy-bust, PO3 Baillo immediately marked the sachets and paraphernalia at the place of arrest in the presence of Dadang. Thereafter, an inventory and photograph were conducted in Dadang’s presence and were witnessed by the Barangay Kagawad and media representative. The seized items were secured under PO3 Baillo’s custody, then brought to the crime laboratory with the requests for drug test and laboratory examination. The Court credited that the laboratory examination showed positive results for shabu in both sachets and that PSI Caceres identified the specimens in court.

Based on these factual findings, the Court held there was sufficient compliance with the chain of custody rule and that the integrity and evidentiary value of the corpus delicti were preserved. Consequently, it sustained the lower courts’ conclusion that Dadang’s conviction was proper.

Credibility, Deference to Lower Courts, and Rejection of the Defe

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