Case Summary (G.R. No. 152329)
Facts of the Buy-Bust Operation
On April 7, 2010, a buy-bust team, acting on an informant’s arrangement, met Bernie (alias “Axe”) and Dhats at NIA Road. The informant’s poseur-buyer (IO1 Avenido) received five sachets of white crystalline substance marked “MPA 4/7/2010” in exchange for marked money. Upon the pre-arranged signal, law enforcement officers arrested the two accused. The substances were marked, inventoried, photographed, and later tested positive for methamphetamine hydrochloride (“shabu”) and meferonex at the PDEA laboratory.
Accused-Appellants’ Defense
Bernie claimed he was at home when PDEA agents arrested him, denied knowledge of the transaction, and first saw Dhats and the drugs at the PDEA office. Dhats asserted he was at lunch when armed men arrested him, then accompanied Bernie to Camp Crame for medical examination, was extorted for money, and only saw the drugs at the inquest. Both raised denial and alibi defenses.
Regional Trial Court Judgment
The RTC of Quezon City (Branch 78) found all elements of illegal sale of dangerous drugs under Section 5, Article II of RA 9165 proven: identity of parties, delivery and payment, and positive forensic results. It rejected the alibi defense as unsubstantiated, sentenced each accused to life imprisonment, and imposed a ₱500,000 fine.
Court of Appeals Decision
The CA affirmed the RTC: it held that despite minor lapses in Section 21 procedures (inventory and presence of required witnesses), the chain of custody remained unbroken. It accepted justifications related to crowding in a Muslim compound and the presence of an elected official in lieu of a DOJ or media representative.
Supreme Court Initial Resolution
In April 2017, the Court upheld the CA decision, finding guilt beyond reasonable doubt for illegal sale of shabu under the 1987 Constitution and RA 9165. The accused-appellants filed a motion for reconsideration.
Appellate Review of Procedural Requirements
Under Section 21, Article II of RA 9165 (as amended by RA 10640) and its IRR, seized drugs must be inventoried and photographed immediately in the presence of the accused (or counsel), a DOJ or media representative, and an elected public official. Non-compliance may be excused only on justifiable grounds, provided integrity and evidentiary value are preserved (People v. Almorfe, People v. De Guzman).
Supreme Court’s Findings on Non-Compliance
The Court found that the buy-bust team conducted inventory only with the accused and an elected official, omitting DOJ and media witnesses without plausible justification. Testimony showed the DOJ office was a five-minute walk away, yet no effort was credibly made to secure a representative. No team leader testified to excuse th
...continue readingCase Syllabus (G.R. No. 152329)
Facts of the Case
- Information dated April 12, 2010 was filed in RTC Quezon City, Branch 78, Crim. Case No. Q-10-163376, charging accused-appellants with Illegal Sale of Dangerous Drugs under Section 5, Article II of RA 9165.
- The information alleged that on April 7, 2010, in Quezon City, Bernie and Dhats, conspiring together, sold five heat-sealed plastic sachets (“EXH-A-1” to “EXH-A-5”) containing a total of 21.4129 grams of white crystalline substance (shabu) in exchange for marked money.
- A buy-bust team composed of SOII Christopher Macairap, IO1 Junef Avenido, IO1 Renata Reyes, and an informant arranged the transaction; IO1 Avenido posed as the buyer.
- Upon delivery of the substance by Dhats and payment by the poseur-buyer, the pre-arranged signal (removal of cap) was given and appellants were apprehended.
- The seized items were marked, inventoried, and photographed at the PDEA office in the presence of Barangay Kagawad Jose Ruiz, Jr. and the accused-appellants.
- Forensic Chemical Officer Jappeth Santiago tested the items positive for methamphetamine hydrochloride and meferonex and turned them over to the trial court.
Defense Contentions
- Both appellants raised denial and alibi.
- Bernie testified he was at home around noon preparing his son for school; PDEA agents sought “Axe,” took him to PDEA office, and only then did he see the drugs and Dhats.
- Dhats claimed he was at home having lunch with his wife when armed men seized him, brought him to PDEA office, then to Camp Crame; IO1 Avenido allegedly demanded ₱100,000 for his release.
RTC Ruling
- Judgment dated December 12, 2014 (Presiding Judge Fernando T. Sagun, Jr.) found appellants guilty beyond reasonable doubt of violating Section 5, Article II, RA 9165.
- Each was sentenced to life imprisonment and imposed a fine of ₱500,000.
- RTC held that:
- A valid buy-bust operation occurred and an illegal sale of shabu took place;
- Appellants were positively identified in open court;
- Forensic examination confirmed the nature of the seized substance;