Title
People vs. Nepomuceno y Pedraza
Case
G.R. No. 194999
Decision Date
Feb 9, 2015
Appellant convicted for selling shabu in a buy-bust operation; SC upheld life imprisonment, no parole, despite procedural lapses in drug evidence handling.
drug violations
unlawful arrest
conviction

Case Summary (G.R. No. 194999)

Factual Background: The Buy-Bust Operation and the Alleged Sale

The prosecution’s evidence showed that the Chief of the Drug Enforcement Unit (DEU) of the Makati Philippine National Police (PNP) received a report from a confidential informant (CI) that the accused was selling shabu. Acting on the report, the Chief formed a buy-bust team composed of PO2 Vicente Barrameda (poseur-buyer and team leader), PO2 Virginio Costa, PO2 Rodrigo Igno, PO1 Alex Inopia, and PO1 Randy Santos. The Chief conducted a briefing and provided the team with two 50-peso bills as marked money. The buy-bust team coordinated with the Philippine Drug Enforcement Agency.

On August 9, 2003, at around 2:00 p.m., the team deployed at the specified location in Makati City. PO2 Barrameda and the CI approached the accused. The CI introduced PO2 Barrameda to the accused as a buyer of shabu. PO2 Barrameda informed the accused that he needed P100.00 worth of shabu and handed the marked money to her. The accused then took out from her pocket a small plastic sachet containing a white crystalline substance and turned it over to PO2 Barrameda. After receiving it, PO2 Barrameda lighted a cigarette as the pre-arranged signal that the transaction had been completed. PO1 Santos rushed to the scene and recovered from the accused the buy-bust money. PO2 Barrameda marked the plastic sachet with the initials GPN. The accused was arrested and brought to the DEU office, where the accused was turned over to the duty investigator for documentation. The seized sachet, together with the accused, was brought for drug testing and laboratory examination.

The specimen from the white crystalline substance tested positive for shabu.

Accused’s Version and Denials

The accused denied selling shabu. She testified that on August 9, 2003, at around 1:30 p.m., she was standing in front of her house in San Andres, Manila, when six men in civilian clothes arrested her. She claimed they identified themselves as from the DEU of Makati and accused her of selling shabu. She alleged that they dragged her away while her husband and son-in-law were inside and unaware. At the DEU office, she said she was told to empty her pockets and was asked of the whereabouts of a certain Johnny, described as an alleged supplier of illegal drugs in their area.

Trial Court Disposition: Conviction for Sale and Acquittal for Use

On April 5, 2006, the RTC rendered its Decision. The RTC convicted the accused in Criminal Case No. 03-2917 for illegal sale of shabu under Section 5, Article II of RA 9165, and it imposed life imprisonment and a fine of P500,000.00. The RTC acquitted the accused in Criminal Case No. 04-1407 for illegal use of the same substance due to insufficiency of evidence. The RTC also directed the transmittal to the PDEA of the plastic sachet weighing 0.03 gram for appropriate disposition.

Appeal and Arguments Before the Court of Appeals

The accused appealed to the Court of Appeals (CA), docketed as CA-G.R. CR-H.C. No. 02318. The CA denied the appeal in a Decision dated August 25, 2010, and it affirmed the RTC decision.

In the appellate proceedings, the accused insisted that her positive identification could not be relied upon because the police officers were not familiar with her appearance. She also argued that the warrantless arrest, search, and seizure were illegal because the police acted only on suspicion. Further, she contended that the seized drug lacked evidentiary value due to the buy-bust team’s alleged failure to photograph the seized shabu in the presence of a representative from the media, the Department of Justice (DOJ), and any elected public official, as required under RA 9165.

Supreme Court’s Ruling: Affirmance of Conviction With Modification on Parole Eligibility

The Supreme Court found the appeal without merit and affirmed the conviction for illegal sale of shabu. It held that the prosecution discharged its burden by proving the essential elements of illegal sale: (1) the identity of the buyer and seller, and the object and consideration; and (2) the delivery of the thing sold and the payment therefor. It reiterated that illegal sale is consummated upon the exchange of the buyer’s money for the seller’s drug, and that the offense occurred once PO2 Barrameda successfully received the sachet in consideration of P100.00.

Credibility of Identification and Presumption of Regularity

The Court relied on the testimony of PO2 Barrameda, who acted as the poseur-buyer, and on PO1 Santos, who corroborated the buy-bust operation. The Court noted that while the buy-bust team members had not seen the accused prior to the operation, the CI introduced her to PO2 Barrameda and the police witnesses positively identified her as the seller. The Court ruled that, in prosecutions for illegal sale of dangerous drugs, credence should be given to the narration of prosecution witnesses, particularly when they are police officers presumed to have performed their duties regularly, absent evidence to the contrary. It also held that the accused’s denial and other defenses were self-serving and uncorroborated, and they did not overcome the presumption of regularity.

Rejection of Alibi, Denial, and Frame-Up Theory

The Supreme Court stated that the accused’s defenses of alibi, denial, and frame-up were weak and uncorroborated. It further observed that such defenses are disfavored because they may be easily fabricated and are commonly invoked in prosecutions under the Dangerous Drugs Act. Accordingly, the Court treated these defenses as unable to overturn the prosecution evidence.

Legality of Warrantless Arrest and Waiver of Objections

The Court rejected the accused’s claim that her warrantless arrest was unlawful. It held that the record did not support the allegation that she was apprehended merely on suspicion. Instead, she was arrested after a buy-bust operation that resulted in an offense in flagrante delicto. Because the arrest occurred during the commission of the illegal sale, the police officers were authorized and duty-bound to arrest without a warrant.

On the procedural issue of admissibility and challenge to the arrest, the Court ruled that the accused’s objection was not a valid ground for reversal because such objections must be raised prior to entering a plea. It noted that the accused did not move for the quashal of the information before arraignment on the alleged illegality of the arrest, and she did not object during arraignment. The Court also noted that she participated in the trial and only questioned the validity of her arrest at the appellate stage. It therefore treated the alleged defects in arrest as waived.

Chain of Custody: Failure to Conduct Physical Inventory and Photograph Under RA 9165

The Supreme Court also addressed the accused’s contention regarding the alleged noncompliance with Section 21(1), Article II of RA 9165, particularly the absence of physical inventory and photographing of the seized drug in the presence of required representatives. It acknowledged that the law mandates that immediately after seizure and confiscation, the apprehending officer must conduct physical inventory and photograph the seized drug in the presence of the accused or person/s from whom items were confiscated, the accused’s representative or counsel, a representative from the media, the DOJ, and any elected public official who must sign the copies of the inventory and receive a copy thereof.

However, the Court considered the Implementing Rules and Regulations. It noted that Section 21(a) of the IRR contains a saving clause: noncompliance with the inventory and photographing requirements may be excused under justifiable grounds if the integrity and evidentiary value of the seized items are properly preserved by the apprehending team. The Court emphasized that the controlling concern is whether the integrity of the seized item is preserved because the drug’s evidentiary value determines guilt or innocence.

The Court recognized the admitted fact that there was no physical inventory and photographing as mandated. Still, it found that the prosecution established the preservation of the drug’s integrity and evidentiary value. It relied on the continuity of the chain of custody. After seizure, PO2 Barrameda immediately marked the plastic sachet with GPN, while PO1 Santos confiscated the buy-bust money. The police brought the accused and the recovered items to the desk officer for investigation. A request for laboratory examination was prepared by P/Supt. Jose Ramon Q. Salido. PO2 Barrameda brought the marked sachet and request to the PNP Crime Laboratory in Camp Crame, Quezon City, where P/Insp. Stella Garciano Ebuen received them and conducted laboratory examination. The white crystalline substance weighing 0.03 gram tested positive for methylamphetamine hydrochloride, as reflected in Chemistry Report No. D-1002-03.

During trial, PO2 Barramed

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