GR No 206590

People of the Philippines vs Myrna Gayoso

GR No 206590         March 27, 2017

Facts:

            Gayoso was charged with committing acts in violation of Section 5 and 11, Article 2 of RA No 9165 for the illegal sale and illegal possession of a dangerous drug. Police received several reports that a certain Gayoso was peddling prohibited drugs. It was confirmed later on by a police assigned in the actual place where Gayoso was reportedly selling the prohibited drugs. By then, the police decided to conduct a confirmatory test-buy in order to ascertain the culpability of Gayoso before they file for an issuance of a search warrant. Upon successful operation of the confirmatory test-buy, the police proceeded to search the house of Gayoso, armed with a search warrant. Witnesses were also summoned for the procedure.

            The RTC found that Gayoso was guilty beyond reasonable doubt of illegal sale and illegal possession of shabu. It declared that the prosecution ably established the elements of illegal sale and possession of shabu through the testimonies of its witnesses. It also ruled that the evidence sufficiently established the chain of custody of the sachets of shabu from the time they were bought from Gayoso to its turnover to PNP Crime Laboratory for examination. The CA affirmed in toto the RTC ruling in finding Gayoso guilty of the unauthorized sale and possession of shabu.

           Gayoso then filed a Notice of Appeal.

Issue:

           WON Gayoso was guilty beyond reasonable doubt of the crime charged.

Held:

           The appeal was granted by the SC.

           The SC held that the RTC issues a search warrant after finding a probable cause, hence, the search Gayoso’s residence was valid. The determination of the existence of a probable cause is concerned only with the question of whether the police had reasonable grounds to believe that the accused committed or is committing the crime charged.

            The confirmatory test-buy solicitation does not constitute instigation as well. Accordingly, in inducement or instigation, the criminal intent originates in the min of the instigator and the accused is lured into the commission of the offense charged in order to be prosecuted from the same. Instigation did not exist in this instant case.

            However, the SC found that the chain of custody of evidence was not established. Under RA No 9165, the offense of illegal sale of shabu, the following elements must be present: 1) identities of the buyer and seller, object and consideration of the sale; and 2) delivery of the thing sold and payment therefor. On the other hand, the following elements must be present for the offense of illegal possession of prohibited drugs: 1) the accused is in possession of the prohibited drug; 2) possession is not authorized by law; and 3) the accused freely and consciously possessed said drug. In the prosecutions of these, there must be proof that these offenses were actually committed, coupled with the presentation in court of evidence of corpus delicti.

            The chain of events must be: 1) seizure and marking, if practicable after recovery; 2) turnover of the illegal drug seized to the investigating officer; 3) turnover by investigating officer to the forensic chemist for lab exam; and 4) turnover to court.