Case Summary (G.R. No. 250610)
Petitioner
People of the Philippines, represented by the National Prosecution Service and officers of the law enforcement agencies.
Respondents
Francis Valencia y Lorenzo and Ryan Antipuesto, charged with illegal sale of dangerous drugs under Section 5 of Republic Act No. 9165, as amended by RA 10640.
Key Dates
• January 15–16, 2016: Surveillance and buy‐bust operation.
• December 18, 2017: Conviction by the Regional Trial Court, Branch 30, Dumaguete City.
• May 31, 2019: Affirmation by the Court of Appeals, Cebu City.
• July 10, 2023: Reversal and acquittal by the Supreme Court.
Applicable Law
• 1987 Philippine Constitution (due process and integrity of evidence).
• Republic Act No. 9165 (Comprehensive Dangerous Drugs Act of 2002), Section 5 (sale of dangerous drugs) and Section 21 on custody and disposition of seized items.
• Republic Act No. 10640 (2014 amendments to Section 21).
Facts of Operation
Police officers, acting on a confidential informant’s tip regarding Antipuesto’s alleged drug trade, conducted prior surveillance. On January 16, 2016, Panggoy posed as buyer, exchanged marked buy‐bust money for a heat‐sealed sachet of shabu delivered by Valencia at the Dumaguete City Port exit gate. Antipuesto fled; Valencia was arrested. The sachet was marked “FLV/RA-BB-01-16-16,” placed in a brown envelope, and inventoried and photographed first at the police station, then submitted to the PDEA crime laboratory where forensic examinations confirmed the presence of shabu in the sachet and in Valencia’s urine sample.
Procedural History
The trial court found both accused guilty beyond reasonable doubt of illegal sale of dangerous drugs, sentenced them to life imprisonment and fine, and ordered forfeiture of the evidence. The Court of Appeals affirmed. Both appellants filed a timely appeal to the Supreme Court.
Issues on Appeal
- Whether the prosecution established that the transaction indeed took place.
- Whether the identity and integrity of the corpus delicti (the seized shabu) were preserved through strict compliance with the chain of custody requirements under Section 21, RA 9165, as amended.
Supreme Court Analysis on Buy-Bust Validity
The Court held that prior surveillance, while not indispensable, was in fact conducted and adequately supported by testimony from Panggoy and Basa–Aez. The confidential informant introduced the poseur buyer to Antipuesto the night before, and corroboration by officers on the day of the operation dispelled the alibi defenses. Law enforcement officers enjoy discretion in buy-bust operations, and the identification of the accused by the poseur buyer and corroborating witness was credible.
Supreme Court Analysis on Chain of Custody
Section 21 of RA 9165 (as amended) mandates immediate marking, inventory, and photographing of seized drugs in the presence of specified witnesses, preferably at the place of seizure or, if impracticable, at the nearest police station or office, provided that noncompliance for justifiable grounds does not void custody if integrity is preserved. The Court outlined three provisos:
- Immediate conduct of inventory and photographing with required witnesses.
- Alternative venues only when impracticable or dangerous to remain on site.
- A saving clause requiring acknowledgment of deviations and proof of preserved integrity.
Fatal Chain of Custody Defect
Although marking was e
...continue readingCase Syllabus (G.R. No. 250610)
Procedural History and Parties
- The case arises from G.R. No. 250610 decided on July 10, 2023 by the Supreme Court Second Division.
- Plaintiff-Appellee: People of the Philippines. Accused-Appellants: Francis Valencia y Lorenzo and Ryan Antipuesto.
- The appellants challenged the Court of Appeals’ May 31, 2019 Decision (CA-G.R. CEB-CR-HC No. 02906) affirming their conviction by the Regional Trial Court (RTC), Branch 30, Dumaguete City.
- Information charged the accused with illegal sale of 12.53 grams of Methamphetamine Hydrochloride (“shabu”), in violation of Section 5 of Republic Act No. 9165.
- Upon arraignment, both pleaded not guilty; trial ensued, resulting in conviction, affirmed on appeal, and brought before the Supreme Court.
Factual Background and Buy-Bust Operation
- Early January 2016: Provincial Anti-Illegal Drugs Special Operations Task Group received intelligence that Antipuesto was trading illegal drugs.
- Surveillance conducted by PO I Crisanto Panggoy and PO I Harris Basañez under the supervision of PS Inspector Ryan Jay Orapa.
- January 15, 2016: Confidential informant introduced Panggoy to Antipuesto, leading to agreement to purchase PHP 10,000.00 worth of shabu.
- January 16, 2016 at ~4:00 p.m.: Entrapment took place at Dumaguete City Port exit gate; Panggoy (poseur buyer) exchanged marked PHP 500.00 bill bundled to resemble PHP 10,000.00 with Antipuesto in presence of Valencia.
- Valencia handed over a large heat-sealed transparent sachet containing white crystalline substance; upon examination, Panggoy concluded it was shabu and handed the cash to Antipuesto.
- Antipuesto resisted arrest and escaped; Valencia was apprehended and custody transferred to Basañez.
Inventory, Marking, and Chain of Custody Steps
- Panggoy immediately marked the sachet “FLV/RA-BB-01-16-16,” placed it in a brown evidence envelope, and retained it in his sole custody.
- Inventory and photographing were conducted later at the Dumaguete City Police Station in presence of Valencia, Barangay Chair Ragay, media representative Rio, and DOJ Rep. Tenorio; envelope was re-sealed and signed.
- Panggoy brought the sealed envelope and Valencia to Negros Oriental Provincial Crime Laboratory; PO III Caete received, compared contents to Letter Request, and permitted alteration of marking from “-2016” to “-16.”
- Caete resealed and signed the envelope, st