G.R. No. 197250 - People vs. Somoza y Handaya

Case Summary (G.R. No. 197250)

Factual Background

The prosecution presented that, during the first week of July 2005, the National Bureau of Investigation (NBI) received confidential information that accused-appellant was engaged in repacking and selling methamphetamine hydrochloride (shabu) and that he conducted his business at his residence in Barangay Looc, Dumaguete City. The NBI coordinated with the PNP in Dumaguete City and conducted discreet inquiries and surveillance. PO1 Marcelina Bautista and PO1 Raymunda Moreno were tasked to conduct the surveillance.

In the course of surveillance, PO1 Bautista gained the trust of accused-appellant by pretending to agree to be his girlfriend. This development led to a successful test buy: accused-appellant sold shabu worth P600.00 to PO1 Bautista and PO1 Moreno on July 20, 2005.

On July 21, 2005, after the positive test buy, NBI Agent Chester Aldwin Celon applied for a warrant to search accused-appellants residence for dangerous drugs. The RTC executive judge granted the application and issued the warrant. The NBI, PDEA, and PNP personnel held a briefing around 2:00 in the afternoon to plan the service of the warrant. To facilitate execution, PO1 Bautista sent accused-appellant a text message asking where he was. Accused-appellant replied that he was not at his house and instructed PO1 Bautista to proceed to Oracion Drive in Barangay Looc, where he would wait.

Given this change in circumstances, the team adjusted its strategy and decided to conduct a buy-bust operation before serving the warrant. PO1 Bautista and PO1 Moreno were designated as poseur-buyers, with others acting as backup. The team was to be accompanied by Rogelio Talavera, a Kagawad of Barangay Looc, and a media representative, Reysan Elloren.

PO1 Bautista was given marked money consisting of one P500.00 bill and five P100.00 bills, all photocopied before the operation. She then sent another text message to accused-appellant stating that she would buy shabu at their meeting place. PO1 Bautista and PO1 Moreno proceeded to Oracion Drive, and accused-appellant met them and brought them to a friends house near the SIOM warehouse.

Inside the friends house, PO1 Bautista bought P1,000.00 worth of shabu from accused-appellant. She gave him the marked money and he handed her two sachets of powdered white crystalline substance. PO1 Moreno then excused herself to give the pre-arranged signal to the backup team.

During this interval, accused-appellant suggested that they use the contents of one sachet to become aroused. PO1 Bautista, wishing not to spoil the operation, acceded. Accused-appellant opened one sachet and sniffed some of the powder. He asked PO1 Bautista to take her turn. As PO1 Bautista delayed to divert attention while waiting for the backup teams arrival, she told him that she wanted to have intercourse first before using drugs. Accused-appellant kissed her, and while he was kissing her, the backup team rushed in.

Someone from an adjacent house shouted to alert accused-appellant that he was going to be arrested. Accused-appellant tried to escape by running toward and attempting to scale a concrete fence, but the law enforcers caught up with him. Before capture, he threw over the fence some marked bills and a metallic tube containing a tooter.

After apprehension, law enforcers conducted a search, and they found a coin purse in accused-appellants pocket containing six sachets of powdered crystalline substance. Only P800.00 worth of marked money was recovered, consisting of the P500.00 bill and three pieces of P100.00 bills. Immediately after apprehension, NBI Agent Celon marked the items recovered. The sachet sold to PO1 Bautista was marked BB-RS-01, the six sachets found in the coin purse were marked POS-RS-01 to POS-RS-06, and the metallic tube was marked POS-RS-21.

Accused-appellant was then informed that the law enforcers had a warrant to search his house. He was brought to his residence, and the premises were searched in the presence of Kagawad Talavera and media representative Elloren. The search yielded nothing illegal but found plastic sachets, lighter and foils.

NBI Agent Celon inventoried the items seized from the buy-bust operation. He prepared two inventory receipts: one covering BB-RS-01 and the recovered marked money worth P800.00, and another covering the six sachets and the metallic tooter. The receipts were signed by Kagawad Talavera, media representative Elloren, SPO1 Manuel Sanchez of the PDEA, and Dumaguete City Assistant Prosecutor Nilo Sarsaba.

Accused-appellant was subsequently brought to the NBI office for booking and documentation. He was photographed with the seized items in front of him, and the incident was entered in the PDEA blotter. On the following morning, July 22, 2005, Agent Celon made a return of the search warrant with prayer to retain custody of the seized items. The court approved the request, and Agent Celon delivered the items to the PNP Crime Laboratory in Dumaguete City.

Trial and Evidence for the Prosecution

At the crime laboratory, P/S Insp. Maria Ana Dagasdas, a forensic chemical officer, received the items and examined them. She prepared Chemistry Report No. D-133-2005 and a sworn Certification stating that the sachet marked BB-RS-01 contained 0.5 gram of methamphetamine hydrochloride and that the six sachets marked POS-RS-01 to POS-RS-06 contained an aggregate of 0.69 gram of methamphetamine hydrochloride.

The prosecutions evidence also included the testimony of the persons who handled the seized drugs and items, and the documentary evidence of marking, inventory, receipt, laboratory examination, and certification.

Accused-Appellants Defense

Accused-appellant denied the charges. He claimed that on July 21, 2005, he did not sell or possess shabu. He testified that a friend, Victor Asunio, invited him to a birthday party at Oracion Drive. He stated that when he arrived around 2:00 in the afternoon, only Asunio and two ladies were there, and he later learned that the ladies were PO1 Bautista and PO1 Moreno. He said Asunio told him to wait while Asunio was still doing something. Moments later, he claimed Asunio shouted a warning that accused-appellant would be arrested. Accused-appellant said he immediately ran away, but several persons blocked his path and arrested him. He alleged that he was handcuffed and searched, but the police officers found nothing. He also claimed that he was shown a copy of a search warrant and told it was for him. He then alleged that he was brought to his house and that a search yielded nothing illegal. He claimed that he was later taken to the NBI office for photographing and documentation.

Trial Courts Ruling

In its Joint Judgment dated May 30, 2007, the RTC disregarded accused-appellants denial as inherently weak. It gave full faith and credence to the testimony of the law enforcers, finding no improper motive or ill will in their testimony. It ruled that the testimonies of PO1 Bautista and NBI Agent Celon, corroborated by the statements of Kagawad Talavera and media representative Elloren, and supported by object and documentary evidence, established guilt beyond reasonable doubt.

The RTC convicted accused-appellant in Criminal Case No. 17700 for illegal sale of 0.50 gram of shabu, sentencing him to life imprisonment and a fine of P500,000.00. It confiscated and forfeited one heat-sealed transparent plastic sachet containing 0.50 gram of shabu.

In Criminal Case No. 17701, the RTC convicted him of illegal possession of 0.69 gram of shabu, sentencing him to an indeterminate penalty of twelve (12) years and one (1) day as minimum to fourteen (14) years as maximum, and a fine of P400,000.00. It confiscated and forfeited six heat-sealed transparent plastic sachets containing 0.69 gram of shabu.

Appellate Proceedings and Issues Raised

Accused-appellant appealed to the Court of Appeals and presented a lone assignment of error: that the RTC erred in convicting him because his guilt was not proven beyond reasonable doubt. He argued three main points.

First, he asserted a failure to present the full amount of marked money allegedly used in the buy-bust, contending that only P800.00 was presented and that there was no pre-operation report containing details of the buy-bust, including the serial numbers of the marked money.

Second, he argued that it was not sufficiently established that the packs of shabu actually came from him. He claimed that both PO1 Bautista and NBI Agent Celon testified to having personally recovered the six sachets, which he viewed as problematic, and that the forensic chemical officer stated a total weight of 0.44 gram rather than the 0.69 gram alleged in the Information.

Third, he challenged the regularity of the inventory-taking at his house and asserted that this affected the chain of custody, especially because the search yielded no illegal drug at his residence.

Decision of the Court of Appeals

In its Decision dated June 22, 2010, the Court of Appeals rejected the asserted irregularities and affirmed the conviction.

On the marked money and the lack of a pre-operation report, the Court of Appeals held that the non-presentation of the entire P1,000.00 did not diminish the integrity of the buy-bust, in view of the fact that accused-appellant threw away the money while attempting to evade arrest. It also held that the absence of a pre-operation report did not affect the buy-bust, reasoning that no pre-operation report was prepared because the buy-bust operation was conceived urgently and was resorted to address contingencies that arose after the search-warrant plan required adjustment. It further reasoned that requiring a pre-operation report would amount to bureaucratic red tape because there was coordination among NBI and PNP Dumaguete City with PDEA in the planning stage. It relied on jurisprudence, including Cruz v. People, to emphasize that presentation of all marked money is not required to prove illegal sale.

On the alleged inconsisten

Case Syllabus (G.R. No. 197250)

People of the Philippines prosecuted Reynaldo Andy Somoza y Handaya for illegal sale of dangerous drugs and illegal possession of dangerous drugs under Republic Act No. 9165.
The accused-appellant appealed to the Court of Appeals from the Joint Judgment of the Regional Trial Court of Dumaguete City, Branch 30, which convicted him in Criminal Case Nos. 17700 and 17701.
The Court of Appeals denied the appeal and affirmed the conviction in toto, prompting a further appeal to the Supreme Court.
The Supreme Court affirmed the conviction for both offenses and sustained the penalties imposed by the trial court.

Parties and Procedural Posture

The plaintiff-appellee was People of the Philippines, represented in the prosecutions case by law enforcement witnesses and the prosecution documentary trail.
The accused-appellant was Reynaldo Andy Somoza y Handaya, who stood trial for offenses charged under **Sections 5 and 11, Article II of R.A. No. 9165.
The RTC rendered a Joint Judgment dated May 30, 2007 convicting the accused-appellant in Criminal Case Nos. 17700 and 17701.
The Court of Appeals rendered its Decision dated June 22, 2010, denying the accused-appellants appeal and affirming the joint conviction.
The Supreme Court reviewed the case upon the accused-appellants insistence that the prosecutions evidence failed to establish guilt beyond reasonable doubt.

Informations and Charges

The Information in Criminal Case No. 17700 alleged that on July 21, 2005, the accused-appellant sold and delivered 0.50 gram of shabu in Dumaguete City, without legal authorization, in violation of Section 5, Article II of R.A. No. 9165.
The Information in Criminal Case No. 17701 alleged that on July 21, 2005, the accused-appellant possessed and kept six (6) heat-sealed transparent plastic sachets containing an aggregate of 0.69 gram of shabu, without legal authorization, in violation of Section 11, Article II of R.A. No. 9165.
The accused-appellant pleaded not guilty to both charges upon arraignment.

Prosecution Theory

The National Bureau of Investigation (NBI) received confidential information in the first week of July 2005 that the accused-appellant was engaged in the repacking and selling of methamphetamine hydrochloride (shabu) and conducted his business in his residence in Barangay Looc, Dumaguete City.
The NBI coordinated with the Philippine National Police (PNP) in Dumaguete City, and law enforcement officers conducted discreet inquiries and surveillance to verify the information.
PO1 Marcelina Bautista and PO1 Raymunda Moreno were tasked to conduct surveillance.
PO1 Bautista gained the accused-appellants trust by pretending to agree to be his girlfriend, which led to a controlled buy-bust scenario.
A positive test buy occurred on July 20, 2005 when PO1 Bautista and PO1 Moreno purchased P600.00 worth of shabu from the accused-appellant.
On July 21, 2005, NBI Agent Chester Aldwin Celon applied for a search warrant for the accused-appellants residence, and the RTC granted the application.
Before serving the warrant, the NBI, the Philippine Drug Enforcement Agency (PDEA), and the PNP held a briefing around 2:00 in the afternoon, and the team planned the service.
When accused-appellant was not at home, the law enforcers adjusted their strategy and executed a buy-bust operation instead of directly serving the warrant.

Buy-Bust Operation Details

PO1 Bautista acted as the poseur-buyer and was given P1,000.00 in marked money consisting of one P500.00 bill and five P100.00 bills that were photocopied before the operation.
The poseur-buyers were PO1 Bautista and PO1 Moreno, with the remainder serving as backup.
The buy-bust team was to be accompanied by Rogelio Talavera, Kagawad of Barangay Looc, and a media representative, Reysan Elloren.
PO1 Bautista texted accused-appellant to request a meeting to buy shabu, and accused-appellant directed her to Oracion Drive in Barangay Looc where he would wait.
Accused-appellant met the poseur-buyers and brought them to a friends house near SIOM warehouse, where PO1 Bautista purchased P1,000.00 worth of shabu.
Upon receipt of the marked money, the accused-appellant handed PO1 Bautista two sachets containing powdered white crystalline substance.
After the sale, PO1 Moreno left to give the pre-arranged signal to the backup team.
During the waiting period, accused-appellant suggested using one of the sachets to stimulate them, and PO1 Bautista allowed him to use some of the powder to avoid spoiling the operation.
As the backup team arrived, someone from an adjacent house alerted accused-appellant to an imminent arrest, and accused-appellant fled and tried to scale a fence.
Law enforcers caught up with him, and before capture accused-appellant threw away on the other side of the fence some marked bills and a metallic tube containing a tooter.
After the arrest, a search of accused-appellants pocket yielded a coin purse with six sachets of powdered crystalline substance.
Only P800.00 worth of marked money was recovered from accused-appellants person, consisting of the P500.00 bill and three pieces of P100.00 bills, consistent with the accused-appellants attempt to evade capture.

Marking, Inventory, and Documentation

NBI Agent Celon marked the items immediately after the apprehension, and the marking was witnessed by Kagawad Talavera and media representative Elloren.
The sachet bought by PO1 Bautista was marked BB-RS-01.
The six sachets found in the coin purse were marked POS-RS-01 to POS-RS-06.
The metallic tube was marked POS-RS-21.
After arrest, accused-appellant was informed that the team had a warrant to search his house, and the search of his residence yielded no illegal drugs but found plastic sachets, lighter, and foils.
NBI Agent Celon conducted an inventory and prepared two inventory receipts: one covering BB-RS-01 and the recovered marked bills worth P800.00, and another covering the six sachets and the metallic tube.
The inventory receipts were signed by Kagawad Talavera, Elloren, SPO1 Manuel Sanchez of PDEA, and Dumaguete City Assistant Prosecutor Nilo Sarsaba.
Accused-appellant was booked and documented at the NBI office, was photographed with the seized items in front of him, and the incident was entered in the PDEA blotter.
In the morning of July 22, 2005, NBI Agent Celon returned the search warrant with prayer to retain custody of the seized items, which the court approved.

Laboratory Examination Evidence

NBI Agent Celon brought the seized items to the PNP Crime Laboratory in Dumaguete City for chemical examination.
Police Senior Inspector (P/S Insp.) Maria Ana Dagasdas, the forensic chemical officer, received the specimens, examined them, and prepared Chemistry Report No. D-133-2005.
Dagasdas issued a sworn Certification stating that BB-RS-01 contained 0.5 gram of methamphetamine hydrochloride, and that the six sachets POS-RS-01 to POS-RS-06 contained an aggregate of 0.69 gram of methamphetamine hydrochloride.
The laboratory reports and certification later formed the basis for proof of the quantity of the prohibited drug in Criminal Case No. 17701.

Accused-Appellants Defense

The accused-appellant relied on denial, claiming that he did not sell or possess shabu on the arrest date.
He testified that a friend, Victor Asunio, invited him to a birthday party at Oracion Drive.
He stated that when he arrived around 2:00 in the afternoon, only Asunio and two ladies were present, who were later revealed to be PO1 Bautista and PO1 Moreno.
He said that after Asunio left, he heard warnings that he would be arrested and fled, but people suddenly appeared, blocked his path, and arrested him.
He asserted that he was handcuffed, bodily searched, and nothing illegal was found, and he was later shown a copy of a search warrant.
He stated that he was brought to his house and that a search there yielded nothing illegal, after which he was brought to the NBI office for documentation and photography.

Trial Court Conviction

The RTC disregarded the accused-appellants denial as inherently weak and credited the testimony of the law enforcers.
The trial court found no improper motive or ill will on the part of the law enforcers to testify falsely.
The trial court held that the testimonies of the law enforcers were credible and consistent and were corroborated by the statements of Kagawad Talavera and Elloren, and by object and documentary evidence.
In Criminal Case No. 17700, the RTC convicted the accused-appellant of illegal sale of 0.50 gram of shabu, imposed life imprisonment, and ordered a fine of P500,000.00.
In Criminal Case No. 17701, the RTC convicted the accused-appellant of illegal possession of 0.69 gram of shabu, imposed an indeterminate penalty of twelve (12) years and one (1) day as minimum to fourteen (14) years as maximum, and ordered a fine of P400,000.00.
The RTC ordered confiscation and forfeiture of the sachet