Case Summary (G.R. No. 254208)
Facts of the Buy-Bust Operation
– CI tipped off SOG-NOPPO that “Mah-mah” was selling shabu in Barangay Cadawinonan Housing Project.
– SPO4 Germodo assigned PO1 Delbo as poseur-buyer; backup by PO1 Archimedes Olasiman and PO3 Rulymar Laquinon.
– At circa 3:50 p.m., PO1 Delbo and CI entered the project. The rest of the team positioned nearby.
– PO1 Delbo purchased one marked sachet (0.13 g) of shabu for ₱500; placed call to SPO4 Germodo; announced authority; arrested Casa.
– During arrest, PO1 Delbo confiscated a plastic container holding eleven sachets (approx. 10.99 g) of shabu.
Seizure, Marking, Inventory, Photographing
– Marking: PO1 Delbo placed initials “MC-BB 7/21/15” on bought sachet and “MC-P1 7/21/15” to “MC-P11 7/21/15” on the other sachets.
– Inventory & Photography: Conducted at SOG office in presence of accused-appellant, Barangay Captain Binondo, DOJ and media representatives. Copies of inventory signed by insulating witnesses; accused-appellant’s presence not noted.
Chain of Custody Requirements (Sec. 21, RA 9165, as amended)
- Immediately after seizure and confiscation, conduct physical inventory and photograph evidence in presence of:
• Accused (or representative)
• Elected public official
• Representative of National Prosecution Service or media
(All insulating witnesses must sign inventory and receive a copy.) - Inventory location:
• Where search warrant served; or
• Nearest police station or apprehending team’s office, whichever is practicable, for warrantless seizures - Saving clause: Non-compliance under justifiable grounds does not invalidate seizure if integrity and evidentiary value are preserved.
Fourth Link Defect and Unjustified Venue Change
– The fourth link (forensic handling) was not properly established: stipulations omitted details on storage, sealing, and preservation from receipt by Chemist Llena until court presentation.
– Inventory and photographing were shifted from arrest site to the SOG office for generic “security reasons” without detailed justification.
– Court rulings require inventory venue to be either the site of arrest or, for warrantless seizures, the nearest police station or team office when justified by specific threats or impracticabilities. Mere “security” or “crowd” explanations are insufficient.
Elements of Illegal Sale & Possession Not Proven Beyond Reasonable Doubt
– Illegal Sale (Sec. 5): Requires proof of actual sale transaction, identity of parties, object, and consideration. Only PO1 Delbo testified—no backup officer witnessed the sale; testimony uncorroborated and lacking detail.
– Illegal Possession (Sec. 11): Requires proof of conscious and voluntary possession. Discrepancies
Case Syllabus (G.R. No. 254208)
Facts
- Last week of June 2015: SOG–Negros Oriental Police received CI tip that “Mah-mah” was selling shabu in Barangay Cadawinonan, Dumaguete City.
- July 21, 2015, at around 3:50 p.m.: PO1 Delbo (poseur-buyer) and CI entered housing project; backup team (PO1 Olasiman, PO3 Laquinon, SPO4 Germodo) positioned 10–15 m away.
- Appellant approached Delbo, agreed to sell P500 worth (“kinye”) of shabu; Delbo handed money, received one plastic sachet (0.13 g).
- Delbo signaled SPO4 Germodo by phone call, announced authority, arrested appellant, read Miranda rights.
- Delbo marked purchased sachet “MC-BB 7/21/15,” recovered plastic container holding 11 sachets (10.99 g), marked “MC-P1 7/21/15” through “MC-P11 7/21/15.”
- For security, inventory and photography were done at SOG office in presence of appellant, SPO4 Germodo, PO1 Delbo, PO1 Olasiman, DOJ rep Benlot, media rep Serion, and Barangay Captain Binondo.
- Items sealed, delivered to PNP Crime Lab; forensic chemist Llena found all sachets and appellant’s urine positive for methamphetamine hydrochloride.
Procedural History
- RTC Dumaguete City Branch 30 (March 28, 2017) in Criminal Cases Nos. 2015-23066 & 2015-23067:
• Convicted appellant of illegal sale (Sec. 5, Art. II, RA 9165) and illegal possession (Sec. 11, Art. II) of shabu.
• Sentenced to life imprisonment plus P500,000 fine for sale; life imprisonment plus P400,000 fine for possession. - CA Cebu City (Nov. 29, 2018; CA-G.R. CR-HC No. 02574): Affirmed RTC judgment.
- Appellant filed appeal before the Supreme Court (G.R. No. 254208).
Issues
- Did the RTC err in giving credence to the uncorroborated testimony of PO1 Delbo, despite inconsistencies and lack of backup corroboration?
- Did the prosecution comply with the chain of custody requirements of Section 21, Art. II, RA 9165 (as amended by RA 10640)?
- Is the prosecution evidence sufficient to prove appellant’s guilt beyond reasonable doubt?
Supreme Court Ruling
- Appeal meritorious; judgment of convictions should be REVE