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.

GR No 208093

People of the Philippines vs Salim Ismael

GR No 208093         February 20, 2017

Facts:

            Salim was charged with violation of Sections 5 and 11, Article 2 of RA No 9165 for selling and possessing shabu. A confidential informant reported to the police that a certain Salim was engaged in selling shabu near the Muslim cemetery of the city. Acting on said information, the police formed an entrapment unit for the buy-bust operations. After the successful operations, Salim was found to have sold shabu to the poseur-buyer and possessing two more plastic sachets of the said prohibited drug.

            RTC rendered its judgment finding Lopez guilty beyond reasonable doubt of having violated Sections 5 and 11 of Article 2 of the RA No 9165. The trial court gave full credence to the testimonies of the police who conducted the buy-bust operations against Salim. It also rejected the defense of frame-up as it is easily concocted and commonly used as a standard line of defense in similar prosecutions. The CA affirmed in toto the RTC’s judgment. It held that elements of both illegal sale and illegal possession of dangerous drugs had been duly proven in the instant case.

         Salim appealed to SC contending that his guilt was not proven beyond reasonable ground because the prosecution failed to establish the identity of the prohibited drugs allegedly seized from him and thus failed to comply with the strict requirements of Section 21 of RA 9165.

Issue:

          WON Salim was guilty beyond reasonable ground of the charges against him.

Held:

          The appeal is meritorious.

         To secure a conviction for the illegal sale of dangerous drugs under Section 5 Article 2 of RA 9165, prosecution must establish the following elements: 1) identity of the buyer and seller; and 2) delivery of the thing sold and the payment therefor. What is important is that the sale transaction of drugs actually took place and that the object of the transaction is properly presented as evidence in court and is shown to be the same drugs seized from the accused. On the other hand, for illegal possession of dangerous drugs, the following elements must be established: 1) the accused was in possession of dangerous drugs; 2) such possession was not authorized by law; and 3) the accused was freely and consciously aware of being in possession of dangerous drugs.

After careful examination of the record of the case, SC found that the prosecution failed to establish the unbroken chain of custody of the seized drugs in violation of Section 21, Article 2 of RA No 9165.

Based on evidence of prosecution, no markings were made immediately after the arrest of Salim. The same were allegedly turned over to the desk officer. The drugs were only marked at the police station. There was no inventory made or photographs taken of the seized drugs in the presence of the accused or his representative, or in the presence of any representative from the media.

Due to apparent breaks in the chain of custody, it was possible that seized item subject to sale transaction was switched to the ones subject for illegal possession. It is important to distinguish as the punishment depends on their respective quantity or weight.

GR No 221465

People of the Philippines vs Rodelio Lopez

GR No 221465         November 16, 2016

Facts:

            Lopez was charged to have committed crimes of illegal sale and illegal possession of shabu. The police were able to track Lopez and his illegal activities via a tip from an informant which urged the buy-bust team to be established for the entrapment operations against Lopez. As the said entrapment ensued, Lopez was found to have sold one sachet of shabu and two other sachets in his possession. The said sachets were then ordered transmitted to PDEA through DDB for disposal as per RA 9165.

            The trial court held that the prosecution had established all the required elements for illegal sale and possession of dangerous drugs through a legitimate buy-bust operation. On appeal, CA affirmed RTC’s findings that all elements of the crimes of illegal sale and illegal possession of dangerous drugs were proven by the prosecution. Defense of denial and alibi were considered weak and cannot prevail the positive declaration of the police.

            Lopez filed a Notice of Appeal.

Issue:

            WON Lopez be held guilty of illegal sale and illegal possession of dangerous drugs.

Held:

            The Court dismissed the appeal and affirmed the conviction of Lopez.

        Under Section 5, Article 2 of RA No 9165, the essential elements in the successful prosecution of offenses involving the illegal sale of dangerous or prohibited drugs are: 1) the identity of the buyer and seller, the object of the sale and the consideration; and 2) the delivery of the thing sold and payment therefor. Material in the successful the prosecution is the proof that the transaction or sale actually took place, coupled with the presentation in the court of evidence of corpus delicti. In the instant case, Lopez was caught in flagrante delicto of selling shabu, a dangerous drug to the poseur-buyer, there having been a completed sale transaction of the same.

In the charge of illegal possession of dangerous drug, the prosecution must prove the following elements: 1) the accused is in possession of an item or object, which is identified to be a prohibited or regulated drug; 2) such possession is not authorized by law; and 3) the accused freely and consciously possessed the drug. The same was met in the entrapment operations that occurred.

In the prosecution of drug cases, it is of paramount importance that the existence of the drug as the corpus delicti of the crime be established beyond doubt. Hence, IRR of RA No 9165 offer some flexible proviso that non-compliance with the requirements set forth under justifiable grounds, as long as the integrity and evidentiary value of the seized items are properly preserved by the apprehending officer/team, shall not render void and invalid such seizures of and custody over said items.

Thus, although it was found out that the police did not comply with the required physical inventory, what is crucial is that the integrity and evidentiary value of the seized items be preserved as they will be used in the determination of the guilt or innocence of the accused.