Title
People vs. Gum-oyen y Sacpa
Case
G.R. No. 182231
Decision Date
Apr 16, 2009
Appellant convicted for illegal possession of marijuana; defense of instigation rejected due to lack of credible evidence, chain of custody upheld.
illegal possession of marijuana
prosecution
reasonable doubt

Case Summary (G.R. No. 182231)

Factual Background

The Court found that, on 5 February 2003, PO3 Allan Banana and SPO1 Wilfredo Montero of the Drug Enforcement Unit, Naguilian, La Union received a report from a police asset that a certain Eddie would deliver marijuana in Barangay Cabaritan, Naguilian, La Union. They relayed the report to their station commander, Police Superintendent Rolando Nana, who directed them to conduct a buy-bust operation, together with other officers identified in the record as PO3 Mendoza and PO1 Mendoza.

During the operation, the police asset acted as the poseur-buyer, using P1,120.00 as buy-bust money. The buy-bust team positioned itself near a waiting shed, with other members standing by at houses opposite the shed. The police asset waited for the arrival of the appellant by the road close to the houses. Around 11:30 a.m., appellant arrived on a tricycle, carrying a blue bag. He alighted, talked with the police asset, opened his bag, and took out a square-shaped object wrapped in brown plastic. He partially opened it and handed it to the police asset. After smelling the object, the poseur-buyer handed the pre-arranged buy-bust money to appellant. While appellant was counting the money, the buy-bust team identified themselves, arrested him, informed him of his rights, and frisked him for dangerous weapons.

After arrest, PO3 Banana searched appellant’s bag and recovered three (3) bricks of marijuana. Appellant was then brought to the police station and later to a hospital for medical examination. At the station, the buy-bust money and the marijuana were recovered and turned over to the investigator on duty, SPO1 Valentin Abenoja, who marked the items. The police next presented appellant to the Municipal Mayor, and photographs were taken showing appellant with police officers and the seized items. Thereafter, the marijuana and the marked bills, as well as laboratory requests, were brought to the PNP Crime Laboratory. The initial and final laboratory reports confirmed the positive existence of marijuana, and the police executed a joint affidavit against appellant and a request for his inquest.

Prosecution Evidence and Laboratory Findings

The prosecution presented forensic and laboratory witnesses to support the identity of the seized items and their contents. Police Inspector Imelda Roderos, a forensic chemist, testified that she received a request for ultraviolet examination of several money bills and of the person of appellant. She stated that both appellant’s hands and the money bills tested positive for the presence of ultraviolet powder, and her findings were embodied in Chemistry Report No. P1-002-03.

Senior Police Inspector Valeriano P. Laya II, also a forensic chemist, testified that he received a letter-request from the Naguilian Police Station for the laboratory examination of four (4) bricks of dried marijuana fruiting tops. He stated that the specimens tested positive for marijuana, and the findings were recorded in Chemistry Report No. D-049-03.

Defense Theory of Instigation and Alternative Narrative

Appellant did not deny his involvement in the events as narrated, but he denied the criminal intent imputed to him. He maintained that he had merely been instigated to commit the charged offenses. Appellant testified that on 12 January 2003, Roger Fundanera, a former co-worker at a construction firm in Irisan, Baguio City and a police asset, allegedly visited his house and asked him to go buy marijuana from someone in San Gabriel. Appellant stated that Roger returned on several occasions, and on 4 February 2003, Roger gave him P2,500.00 and a letter, instructing appellant to give these to the person from whom he would buy marijuana.

Appellant claimed he arrived in San Gabriel at 2:00 p.m., delivered the letter and P2,200.00 to Ponsing, and used the remaining P300.00 for fare. Appellant further claimed that Ponsing instructed him to meet again the following day at 6:30 a.m. in Lon-oy. Appellant returned home in Bayabas, San Gabriel. On the next morning, appellant met Ponsing, handed him his handbag, and Ponsing placed something wrapped in plastic inside it. Appellant then travelled to Bauang to meet Roger. Appellant alleged that after he handed the handbag to Roger, Roger placed it inside a tricycle and asked appellant to ride to Naguilian. Appellant testified that, en route, three men in civilian clothes boarded the tricycle. He stated that Roger asked him to give one bundle from inside the bag to one of the three men. Appellant asserted that the three men were police officers, and he was arrested after complying.

Appellant denied having P1,120.00 in his pocket at the time of arrest, but he admitted that his hands were found positive for ultraviolet powder. He insisted that he travelled to San Gabriel at Roger’s request to assist Roger in procuring marijuana, without any intent to gain, although he acknowledged knowing the prohibition against possessing marijuana.

Appellant also presented supporting witnesses. Marilou Panit, appellant’s live-in partner, testified that Roger Fundanera visited their house on 12 January 2003, 20 January 2003, and again on 4 February 2004. She claimed appellant had merely gone to San Gabriel to purchase marijuana for Roger as an accommodation so that policemen could believe Roger’s story about marijuana’s real source. Marilou testified that she saw appellant again only when he was already incarcerated.

Balloguing Gum-Oyen, appellant’s father, testified that on the evening of 4 February 2003, he was awakened by a knock at the door and saw appellant there. Appellant allegedly told him that someone ordered him to get something. Balloguing testified that appellant left at dawn the next day without disclosing his destination.

Trial Court Proceedings and Conviction for Illegal Possession

The RTC found appellant guilty of illegal possession of marijuana but acquitted him of the charge of illegal sale of marijuana. In a decision promulgated on 5 May 1995, the RTC rendered judgment in two parts: it acquitted appellant in Criminal Case No. 2808 for failure to establish the sale beyond reasonable doubt, but it convicted appellant in Criminal Case No. 2809 for illegal possession under Section 11 of R.A. No. 9165, sentencing him to suffer the penalty of death by lethal injection and to pay a fine of Ten Million (P10,000,000.00) Pesos, plus costs. The RTC noted that the seized items had been destroyed pursuant to Section 21 of R.A. No. 9165 on 29 October 2004.

The record of the RTC’s dispositions reflected the charging allegations for the sale and possession cases, both anchored on the same incident date and location in Naguilian, La Union.

Appellate Court Review and Modification of Penalty

On appeal to the Court of Appeals, appellant raised a lone assignment of error asserting that the trial court gravely erred in convicting him despite the alleged failure of the prosecution to establish the identity of the corpus delicti. The Court of Appeals, by decision dated 19 November 2007, affirmed the conviction while modifying the penalty to life imprisonment, consistent with R.A. No. 9346 which prohibited the imposition of the death penalty.

The Court of Appeals ruled that the prosecution established the elements of illegal possession and proved the corpus delicti with moral certainty. It gave weight to the testimonies of the arresting officers that the marijuana recovered from appellant was promptly turned over to the investigator, marked at the station, recorded in the police blotter, and submitted to the crime laboratory. It further found that the laboratory reports showed that the marijuana tested positive and that the prosecution sufficiently identified the same bricks presented as evidence during trial.

The Court of Appeals also rejected appellant’s instigation defense. It found appellant’s testimony inconsistent and not credible, particularly noting that the supposed instigator Roger did not testify for either the prosecution or the defense, and thus the instigator’s identity remained questionable. The Court of Appeals emphasized the rule of credibility afforded to police witnesses in drug cases absent a showing of ill-motive or deviation from duty. It held that the arresting officers were not shown to have been moved by improper motives, and it credited their account that the apprehension and seizure were immediately effected upon appellant’s possession of the bricks of marijuana.

Issues Raised Before the Supreme Court

In the Supreme Court, the review centered on whether the prosecution sufficiently established the essential facts for conviction, particularly the proof of the corpus delicti and the legality and integrity of the chain of custody and identification of the seized dangerous drugs. Appellant’s position continued to challenge the sufficiency of the prosecution evidence, and he relied on the instigation narrative as a defense.

Ruling of the Supreme Court

The Supreme Court affirmed the Court of Appeals in toto and sustained appellant’s conviction for illegal possession of marijuana. The Court held that there was no cogent reason to disturb the lower courts’ findings on matters of fact. It reiterated that appellate courts generally do not overturn a trial court’s factual assessments except in limited circumstances, such as where the trial court plainly overlooked material facts, or where the evidence fails to support the findings, or where the disputed decision rests on a misapprehension of facts. The Court found none of those exceptions applicable.

The Supreme Court further held that the prosecution evidence established the unbroken chain of custody from the entrapment team to the investigating officer, to the forensic chemist whose laboratory tests were documented, and up to the time the items were presented in court. It explained that the chain-of-custody rule requires proof sufficient to establish that the exhibit offered is what the proponent claims it to be.

The Court al

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