G.R. No. 247323 - People vs. Yutig

Case Summary (G.R. No. 247323)

Factual Background

At around 6:30 p.m. on October 11, 2015, a confidential informant notified the Lupon Municipal Police Station that accused-appellant engaged in illegal drug trade. A buy-bust team was formed with PO2 Leo Michael T. Sapalicio as poseur-buyer and PO2 Rolly Conat as backup. The team proceeded to Palma Gil Street at approximately 8:30 p.m., where the confidential informant arranged a meeting with accused-appellant. The informant introduced PO2 Sapalicio to accused-appellant, who allegedly produced from a “Mentos” candy container a sachet containing a substance suspected to be shabu and delivered it to PO2 Sapalicio in exchange for P500.00 marked money. The poseur-buyer then signaled completion of the transaction, and the police officers arrested accused-appellant. A frisk at the scene allegedly produced two additional sachets from the “Mentos” container and the marked money.

Version of the Prosecution

The prosecution presented PO2 Sapalicio and PO2 Conat as witnesses who testified that accused-appellant made the delivery and that PO2 Sapalicio immediately marked the sachet sold and the sachets later recovered from accused-appellant with identifiers “LMS1,” “LMS2,” and “LMS3.” An inventory of the seized items was made in the presence of Barangay Captain Florentino Maquilan III and media representative Richard Enero, who signed the inventory. The seized items remained in the custody of the buy-bust team until the following morning when they were submitted to the PNP Crime Laboratory. Forensic Chemist P/I Jade Ryan Pelayre Bajade issued Chemistry Reports Nos. D-057-15 and D-058-15 dated October 12, 2015, stating that the specimens were positive for methamphetamine hydrochloride.

Version of the Defense

Accused-appellant denied the charges and testified that two persons who identified themselves as police officers stopped him while he was riding a motorcycle. He alleged that he was handcuffed without explanation, that the police initially found no shabu on his person, and that items later presented as seized were merely placed before him. He claimed that the “Mentos” container allegedly containing sachets came from an unidentified person who shouted that he had the container. He also asserted that the arrest was warrantless and that he was not properly informed of the reason for his arrest.

Trial Court Proceedings

Accused-appellant pleaded not guilty and trial on the merits proceeded. The RTC received testimony and exhibits establishing the buy-bust operation, the marking and inventory of seized items, and the Chemistry Reports. The testimony of Barangay Captain Maquilan was dispensed with by stipulation. The RTC found that the prosecution proved the elements of Illegal Sale and Illegal Possession of Dangerous Drugs under RA 9165 and concluded that the chain of custody was preserved. The RTC rendered a Judgment dated May 26, 2017 convicting accused-appellant.

RTC Judgment

The RTC convicted accused-appellant of Illegal Sale under Section 5, Article II of RA 9165, and Illegal Possession under Section 11, Article II of RA 9165. For Illegal Sale, the court imposed life imprisonment without eligibility for parole and a fine of P500,000.00. For Illegal Possession, the court imposed imprisonment of twelve years and one day to fourteen years and eight months and a fine of P300,000.00. The RTC found that the prosecution proved identity of buyer and seller, delivery, consideration, and possession, and that accused-appellant failed to prove lawful authority to possess the drugs.

Appellate Proceedings and Court of Appeals Ruling

Accused-appellant appealed. In CA-G.R. CR-HC No. 01701-MIN, the Court of Appeals affirmed the RTC Decision by bench decision dated February 19, 2019. The CA agreed that the elements of the offenses were established and concluded that the chain of custody of the seized items was unbroken. The CA gave weight to the immediate marking, inventory, photographic evidence, and timely submission to the Crime Laboratory.

Issue Presented

The dispositive issue was whether accused-appellant was guilty beyond reasonable doubt of Illegal Sale and Illegal Possession of Dangerous Drugs under RA 9165.

Ruling of the Supreme Court

The Supreme Court affirmed the Court of Appeals Decision. The Court held that the factual findings of the trial court, as affirmed on appeal, were binding because they were not shown to be arbitrary or tainted with reversible error. The Court found the prosecution witnesses credible and accepted their account over the defense narrative. The Court rejected accused-appellant’s contention that the Information for Illegal Sale failed for lack of a specified consideration, explaining that the Information sufficiently charged the delivery offense under Section 5, Article II of RA 9165.

Legal Basis and Reasoning

The Court reiterated the elements of Illegal Sale under Section 5, Article II of RA 9165 as (a) the accused passed the dangerous drug to another, (b) such delivery was unlawful, and (c) the accused knowingly made the delivery. The Court found these elements proved by the poseur-buyer’s testimony that accused-appellant delivered 0.0905 gram of shabu for P500.00 marked money. The Court found illegal possession established by recovery of 0.0880 gram of shabu from accused-appellant during the frisk and his lack of lawful authority to possess the drugs. The Court emphasized that the corpus delicti must be identified, preserved, and presented in court, and it applied Section 21, Article II of RA 9165, as amended by RA 10640, to assess compliance with chain of custody requirements.

Chain of Custody Analysis

The Court enumerated the four links required to establish an unbroken chain of custody: seizure and marking; turnover to the investigating officer; turnover to the forensic chemist for laboratory examination; and turnover from the forensic chemist to the court. The Court found that all links were satisfied. PO2 Sapalicio immediately marked and inventoried the items at the place of arrest in the presence of an elected official and a media representative. The photographs and inventory were take

Case Syllabus (G.R. No. 247323)

Parties and Procedural Posture

PEOPLE OF THE PHILIPPINES prosecuted the case against MICHAEL GREGORIO YUTIG for violations of RA 9165.
The case arose from Criminal Case Nos. 1908-15 and 1909-15 filed in Branch 32, Regional Trial Court, Lupon, Davao Oriental.
The RTC rendered Judgment on May 26, 2017, convicting the accused as charged.
The Court of Appeals affirmed the RTC Decision in CA-G.R. CR-HC No. 01701-MIN by Decision dated February 19, 2019.
The present appeal to the Supreme Court is reflected in G.R. No. 247323 with the Court issuing a decision on October 6, 2021.

Key Factual Allegations

A confidential informant informed police at the Lupon Municipal Police Station that accused-appellant was engaged in illegal drug trade on October 11, 2015.
A buy-bust team composed of PO2 LEO MICHAEL T. SAPALICIO as poseur-buyer and PO2 ROLLY CONAT as backup conducted the operation that evening in Palma Gil Street, Lupon, Davao Oriental.
The buy-bust assertedly resulted in accused-appellant delivering one sachet of suspected shabu weighing 0.0905 gram to PO2 Sapalicio in exchange for marked P500.00.
After the sale, the team arrested accused-appellant and allegedly recovered from his possession two other sachets with a total weight of 0.0880 gram inside a "Mentos" container.
The seized items were allegedly marked at the place of arrest, inventoried in the presence of witnesses including Barangay Captain Florentino Maquilan III and media representative Richard Enero, photographed, and then delivered to the PNP Crime Laboratory.
Forensic examination by P/I Jade Ryan Pelayre Bajade returned positive results for methamphetamine hydrochloride in Chemistry Report Nos. D-057-15 and D-058-15 dated October 12, 2015.

Procedural History

Accused-appellant pleaded not guilty when arraigned and proceeded to trial on the merits in the RTC.
The RTC convicted accused-appellant on May 26, 2017 for Illegal Sale and Illegal Possession of Dangerous Drugs and imposed the corresponding penalties and fines.
The Court of Appeals affirmed the RTC Decision on February 19, 2019.
The Supreme Court resolved the appeal in G.R. No. 247323 by affirming the decisions below on October 6, 2021.

Issues Presented

Whether accused-appellant was guilty beyond reasonable doubt of Illegal Sale of Dangerous Drugs under Section 5, Article II of RA 9165.
Whether accused-appellant was guilty beyond reasonable doubt of Illegal Possession of Dangerous Drugs under Section 11, Article II of RA 9165.
Whether the chain of custody for the seized items was sufficiently established and preserved.

Ruling and Disposition

The Supreme Court affirmed the Decision of the Court of Appeals and the Judgment of the RTC in all respects.
The Court held that the prosecution proved beyond reasonable doubt the commission of Illegal Sale and Illegal Possession of Dangerous Drugs by accused-appellant.
The Court sustained the penalties and fines imposed by the lower courts as appropriate under RA 9165.

Doctrinal Holdings

The Court adhered to t