Case Summary (G.R. No. 208093)
Charges and Applicable Law
Salim was charged with violations of Sections 5 and 11, Article II of RA 9165: illegal sale of shabu (Criminal Case No. 5021) and illegal possession of shabu (Criminal Case No. 5022). The law requires establishing the identity of the buyer and seller, the object of sale, consideration, and actual delivery for illegal sale; and possession, lack of lawful authority, and awareness of possession for illegal possession.
Facts of the Case and Arrest Scenario
On August 25, 2003, a confidential informant informed the police that Salim was selling shabu near the Muslim cemetery in Barangay Talabaan, Zamboanga City. A buy-bust operation was conducted with SPO1 Santiago acting as poseur buyer. Salim allegedly sold a sachet of white crystalline substance (later identified as shabu) in exchange for marked money. Upon arrest, two additional sachets were found in Salim’s pocket.
Prosecution's Evidence and Chain of Custody
The prosecution presented testimonies from police officers involved in the buy-bust operation and subsequent seizure of the drugs. The seized items were turned over to a desk officer and then to a police investigator, PO2 Tan, who marked the items with his initials. The forensic chemist later confirmed the seized substances as methamphetamine hydrochloride.
Defense's Version
Salim denied selling or possessing shabu and claimed he was arrested unjustly while going home after buying cellphone load. He further denied any encounter prior to his arrest and asserted that the drugs were presented for the first time during trial.
Ruling of the Regional Trial Court and Court of Appeals
The RTC convicted Salim of illegal sale and possession of shabu, giving full credence to the prosecution’s witnesses and rejecting the defense’s frame-up claim. The Court of Appeals affirmed the RTC's decision, emphasizing that the elements of illegal sale and possession were proven beyond reasonable doubt and that the seized drugs’ integrity was preserved.
Issues on Chain of Custody and Compliance with RA 9165 Section 21
The Supreme Court examined whether the prosecution complied with the strict chain of custody requirements under Section 21, Article II of RA 9165, and its Implementing Rules and Regulations, requiring immediate marking, inventory, and photographing of seized drugs in the presence of the accused or their representative and other prescribed persons to preserve integrity and evidentiary value.
Deficiencies in Evidence Handling and Chain of Custody Breaks
The testimonies revealed that the seized drugs were not marked immediately upon seizure from Salim. Instead, the drugs were turned over first to a desk officer (PO3 Napalcruz), who was not presented in court, creating a critical gap in the chain of custody. The marking occurred only after the drugs reached PO2 Tan at the police station, violating the requirement for prompt marking in the presence of the accused. Additionally, no physical inventory or photographs were made, nor was any explanation given for these omissions.
Contradictions in Witness Testimonies Regarding Receipt of Seized Drugs
PO2 Tan gave conflicting statements about who turned over the seized items to him: during direct examination, he said the desk officer turned them over, while during cross-examination, he claimed SPO1 Santiago and SPO1 Rodriguez personally handed the drugs to him. This inconsistency further undermined the integrity of the chain of custody.
Impact of Chain of Custody Violations on Prosecution’s Case
Due to the flawed handling of evidence, there was no assurance against possible switching, planting, or contamination of the seized drugs. The prosecut
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Procedural History
- Appeal from the June 14, 2013 Decision of the Court of Appeals (CA) in CA-G.R. CR H.C. No. 00902.
- CA affirmed the August 31, 2010 Judgment of the Regional Trial Court (RTC), Branch 12, Zamboanga City.
- RTC found Salim Ismael y Radang guilty beyond reasonable doubt of violating Sections 5 and 11, Article II of Republic Act No. 9165 (RA 9165), the Comprehensive Dangerous Drugs Act of 2002.
- Sentences imposed:
- Criminal Case No. 5021 (19952): Life imprisonment and a fine of P500,000.00 for illegal sale of methamphetamine hydrochloride (shabu).
- Criminal Case No. 5022 (19953): 12 years and 1 day to 15 years imprisonment, and a fine of P300,000.00 for illegal possession of shabu.
- Appellant filed the present appeal arguing lack of proof beyond reasonable doubt.
Factual Antecedents
- On August 25, 2003, in Zamboanga City, accused Salim was charged with:
- Illegal sale of shabu to SPO1 Roberto Santiago, a poseur buyer.
- Illegal possession of two small heat-sealed plastic packs containing crystalline substance certified as methamphetamine hydrochloride.
- Salim pleaded not guilty.
- The prosecution's case stemmed from a confidential informant’s tip to SPO4 Menardo Araneta that Salim was selling shabu near Barangay Talabaan, Muslim cemetery.
- A buy-bust operation was conducted with SPO1 Santiago as poseur buyer.
- During the operation, SPO1 Santiago bought shabu from Salim for P100 marked money.
- SPO1 Rodriguez arrested Salim immediately after and conducted a search, recovering marked money and two additional sachets of shabu.
- Appellant denied all charges, claimed wrongful arrest, and denied possession or sale of shabu.
Version of the Prosecution
- A confidential informant reported continuous illegal drug sales by Salim.
- A surveillance team confirmed Salim’s illegal activities.
- Buy-bust team members: SPO1 Santiago (poseur buyer), SPO1 Rodriguez (backup), SPO1 Enriquez, PO2 Tan.
- SPO1 Santiago bought shabu with marked money from Salim.
- Arrest followed immediately after sale; search found two more packets of shabu on Salim.
- Drugs and marked money were turned over to police officials at the station.
- Forensic examination confirmed the white crystalline substance as methamphetamine hydrochloride.
- Chain of custody included initial seizure, turnover to desk officer PO3 Napalcruz, and final custody under PO2 Rodolfo Tan.
Version of the Defense
- Salim denied selling or possessing illegal drugs.
- Claimed he was merely buying cellphone load before being arrested.
- Arrested by officers in civilian clothes near Muslim cemetery.
- Search of his person found no drugs.
- Detained at Culianan Police Station for two days.
- Denied prior acquaintance with police officers or ownership of seized items.
- Claimed police only took his money and that drugs were presented only later in court.
Ruling of the Regional Trial Court
- RTC found prosecution witnesses, especially SPO1 Santiago and SPO1 Rodriguez, credible.
- Dismissed defense claims as self-serving and typical frame-up defense.
- Found appellant guilty beyond reasonable doubt of violating Sections 5 (illegal sale) and 11 (illegal possession), Article II of RA 9165.
- Imposed penalties as prescribed by the law.
- Ordered confiscation and forfeiture of the dangerous drugs to the government.
- Cost of suit charged against appellant.
Ruling of the Court of Appeals
- CA affirmed RTC’s judgment in toto on June 14, 2013.
- Held that prosecution proved all the essential el