Title
People vs. Sanchez y Salvo
Case
G.R. No. 216014
Decision Date
Mar 14, 2018
Accused-appellant convicted of illegal sale and possession of shabu after a buy-bust operation; chain of custody upheld despite minor discrepancies.
illegal sale
possession
methamphetamine hydrochloride

Case Summary (G.R. No. 216014)

Factual Background

The prosecution’s version of events relied on testimonies of Police Senior Inspector Rhea Fe dela Cruz Alviar (P/S Insp. Alviar), Punong Barangay Cresente Mendoza, Jr. (Punong Barangay Mendoza), Intelligence Officer 1 Kathleen Diocampo (IO1 Diocampo), Intelligence Officer 1 Mario Rinopa (IO1 Rinopa), and a Department of Justice representative, Pedro Magnaye (Magnaye).

The record showed that the Philippine Drug Enforcement Agency (PDEA) Regional Office IV-B organized a buy-bust operation after a tip that a certain “Dada” from Laguna was selling shabu in Barangay Lumangbayan, Calapan City. Under the plan, IO1 Diocampo acted as the poseur-buyer while IO1 Rinopa served as the arresting officer. Two P500.00 bills with the poseur-buyer’s initials, “KCD,” were prepared as marked money.

IO1 Diocampo and the confidential informant boarded a tricycle, while the buy-bust team followed in a Toyota Revo. Upon arrival at the target area, IO1 Diocampo and the confidential informant positioned themselves in front of a bungalow, while the rest of the team remained near the parked vehicle. At approximately 3:30 p.m., a man wearing a brown shirt and khaki pants approached the poseur-buyer and the informant. The man requested the money first. IO1 Diocampo then showed the marked bills to the man. The man handed her a heat-sealed transparent plastic sachet containing a white crystalline substance, accompanied by a remark suggesting that, if she wanted the additional item, she should add money.

After this transaction, IO1 Diocampo paid with the marked money and executed a pre-arranged signal—she put on sunglasses. IO1 Rinopa and the rest of the team rushed to the scene and arrested the man, who turned out to be Sanchez. After advising Sanchez of his constitutional rights, IO1 Rinopa conducted a body search and retrieved the marked money from Sanchez. A second plastic sachet was also recovered from him. Sanchez was then brought to the barangay hall, where the seized items were marked “1KCD” and “2KCD” by IO1 Diocampo, with “KCD” representing her initials. The seized items were inventoried in the presence of Punong Barangay Mendoza and Magnaye. IO1 Diocampo personally delivered the seized items to the Regional Crime Laboratory. P/S Insp. Alviar examined the specimens and confirmed that the seized substances contained methamphetamine hydrochloride (“shabu”).

Defense Version Presented at Trial

Sanchez took the stand as his lone defense witness. He testified that he was a native of Laguna and had been brought to Calapan City by his unnamed live-in partner to visit the partner’s parents. By August 10, 2008, they had been in Calapan City for eight days. On that afternoon, Sanchez claimed he was drinking in a roadside “kubol” with five men when armed persons approached and invited him to the PDEA office.

He alleged that he voluntarily went with the agents, filled out forms, and provided personal information. He stated that after about an hour, an agent showed him two P500.00 bills and two small plastic sachets, after which the agent declared him under arrest. Sanchez asserted that he was taken to the barangay hall of Lumangbayan where the documents he earlier filled out were signed by Punong Barangay Mendoza and Magnaye. Sanchez claimed that agents returned him to the PDEA office, and later he was brought to the provincial police camp where he and the agents stayed for about two hours. He added that he remained detained at the PDEA office for sixteen days before transfer to the provincial jail.

Trial Court Proceedings and Findings

In its Joint Decision dated November 8, 2011, Branch 39 of the Regional Trial Court convicted Sanchez for both charges. For illegal sale of dangerous drugs under Section 5, the trial court found that the prosecution established the elements: the identity of the buyer and seller, the object, and the consideration; and, additionally, the delivery of the thing sold and the payment for it. The trial court believed IO1 Diocampo’s testimony that she acted as poseur-buyer, paid the marked money to Sanchez, and received a sachet of shabu.

For possession of dangerous drugs under Section 11, the trial court found the elements satisfied: first, that the accused possessed an item identified as a prohibited drug; second, that such possession was unauthorized by law; and third, that the accused freely and consciously possessed the drug. The trial court credited evidence that, aside from the sachet sold to IO1 Diocampo, another sachet containing 0.211 grams of shabu was recovered from Sanchez after frisking.

The trial court also upheld the chain of custody. It found that the chain was unbroken. It ruled that upon confiscation by IO1 Rinopa, the sachets were turned over to IO1 Diocampo, who marked them with her initials. IO1 Diocampo personally brought the items to the crime laboratory. The trial court rejected Sanchez’s defense of denial and alleged frame-up in light of the prosecution witnesses’ positive identification and testimonies.

The trial court thus sentenced Sanchez in CR-08-9262 for sale of dangerous drugs to life imprisonment and a fine of P500,000.00, with confiscation of the 0.215 grams subject sachet. In CR-08-9263 for possession of dangerous drugs, the trial court imposed an indeterminate sentence of twelve (12) years and one (1) day as minimum to fifteen (15) years and one (1) day as maximum, and a fine of P300,000.00, with confiscation of the 0.211 grams subject sachet.

Court of Appeals Review

Sanchez appealed to the Court of Appeals, which denied the appeal in a July 14, 2014 Decision. The appellate court focused on the issue of the chain of custody and echoed the trial court’s finding that the chain was unbroken. It acknowledged that the testimonies allegedly contained inconsistencies on where the seized items were marked. Nevertheless, it concluded that these inconsistencies did not impair the credibility of the police witnesses.

The Court of Appeals emphasized that what mattered was the establishment of an unbroken and continuous possession of the shabu from seizure up to delivery to the laboratory and presentation in court.

Issues Raised on Further Appeal

Before the Supreme Court, Sanchez maintained that the prosecution failed to prove guilt beyond reasonable doubt. He particularly assailed alleged inconsistencies between IO1 Diocampo and IO1 Rinopa regarding where the seized items were marked. According to Sanchez, this discrepancy affected the “very crucial first link in the chain of custody” and therefore impaired the integrity and evidentiary value of the corpus delicti.

The People of the Philippines countered that the discrepancy was merely a “minor” detail. It argued that it did not alter the fact that Sanchez was positively identified as the seller of prohibited drugs, and that the chain of custody was established.

Ruling of the Supreme Court

The Supreme Court dismissed the appeal and affirmed the Court of Appeals. It held that the prosecution established beyond reasonable doubt the elements of both crimes charged.

Legal Basis and Reasoning

The Court first restated that illegal sale of dangerous drugs is punished under Section 5 of Republic Act No. 9165. It reiterated the elements of the offense: the identity of the buyer and seller, the object, and the consideration, and the delivery of the thing sold and the payment therefor. It held that the prosecution evidence satisfied these elements through IO1 Diocampo’s narration of the buy-bust transaction. The Court found that she identified herself as poseur-buyer, bought shabu from Sanchez, and paid a total of P1,000.00 in marked money. The Court further noted that the testimony also supported the prosecution’s additional recovery that established the possession charge.

On the possession offense, the Court reiterated the elements under Section 11: actual possession of an item identified as a prohibited drug; possession not authorized by law; and that the accused freely or consciously possessed the drug. It held that the recovery of a sachet containing 0.211 grams of methamphetamine hydrochloride from Sanchez proved the offense. It also held that Sanchez had no authority to possess shabu and that denial and frame-up did not persuade.

On the chain of custody question, the Court addressed the alleged inconsistency about where marking occurred. It found that IO1 Diocampo testified that she marked the items with “1KCD” and “2KCD” in the presence of Sanchez. It also found that this testimony was corroborated by IO1 Rinopa. The Court further noted that inventory was conducted in the presence of Punong Barangay Mendoza and Magnaye. It held that IO1 Diocampo then personally delivered the seized items to the crime laboratory, where tests confirmed methamphetamine hydrochloride.

The Court ruled that the apprehending officers substantially complied with the chain of custody rule under Section 21 of Republic Act No. 9165, as it read before amendment by Republic Act No. 10640. It referred to the requirements on physical inventory and photographing after seizure, submission to the PDEA forensic laborator

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