Académique Documents
Professionnel Documents
Culture Documents
,,,;[J[J~r~<;;i;~~
~l~''t" • :-,\;~_;'~
gi~ =~"i
~-·r
I
~~- iJ I
'.t, ·I r.;
" •.
{~,.~f.Jiji;ts~~'"
1· \ SUPREME COURT OF THE P!lll.lPP!NES
f'L'i3L:c 'NfCF;M,.TIC1/J GF.C.,cr:
Ir ,,.-~-°"~ii Vir'm;,
,,..~:r_;-\.~i~Hll~~({,\'ji•'
'i>'~.::.,1:_1f1J1,~''
~uprcnre QCourt
Jlfianila
SECOND DIVISION
DECISION
CARPIO, J.:
The Case
The Facts
Two separate informations both dated 20 July 2015 were filed against
appellant for the illegal sale of 0.07 gram of shabu and the illegal possession
of 0.23 gram of shabu. 4 Upon being arraigned, appellant entered a plea of not
guilty to the charges brought against him. After the mandatory pre-trial
conference, trial on the merits ensued.
1
Rollo, pp. 2-12. Penned by Associate Justice Socorro B. Inting, with Associate Justices Romeo F. Barza
and Victoria Isabel A. Paredes concurring.
2
Also referred to in the records as Charlie Roales y Permejo @ Charlie.
3
CA rollo, pp. 15-24. Penned by Judge Jennifer Albano Pilar.
4
Rollo, p. 2.
~
Decision 2 G.R. No. 233656
PCI Castillo ordered the team to prepare the Coordination and Pre-
Operation Report for coordination with the Philippine Drug Enforcement
Agency (PDEA) and District Anti-Illegal Drugs (DAID). The Coordination
and Pre-Operation Report were brought to PDEA and DAID by Police Officer
1 Rodrigo Nidoy 7 (POI Nidoy) and were given the Control Numbers 10001-
072015-0222 by the PDEA and 1507-04 by the DAID. The same were
prepared in the presence of PO 1 Nidoy. 8
An hour later or around 8:00 in the evening of 18 July 2015, the team
proceeded to the target area on Narra Street, Barangay Manggahan, Pasig City,
near the arch of Barangay Napico, where they saw a man standing in front of
a store and smoking a cigarette. The confidential informant informed PCI
Castillo that the said man was alias "Charlie." Thereafter, the confidential
informant brought PO 1 Sanoy near the man, greeted him, and introduced PO 1
Sanoy as a co-worker who was looking for illegal drugs. Alias "Charlie" asked
PO 1 Sanoy how much worth of drugs he was going to "score" to which the
latter replied "Halagang dos, panggamit lang," which meant "Worth P200,
just for personal use." 9 PO 1 Sanoy then handed over the marked money to
alias "Charlie" who, in turn, placed the same in his left pocket. From his right
pocket, alias "Charlie" drew several plastic sachets which contained white
5
Id. at 3.
6
Id.
7
Also referred to in the records as POI Rodrigo Nidoy, Jr.
8
Rollo, p. 3.
9
Id. at 3-4. ~
Decision 3 G.R. No. 233656
For his part, appellant contended that he was falsely charged with a
violation ofR.A. No. 9165. According to him, on 18 July 2015, at around 5:00
in the afternoon, he was in front of his house when six men in civilian clothes
arrived and suddenly handcuffed him. Thereafter, he was beaten up and was
being forced to admit that he was a man named Tolits. He adamantly denied
that he was Tolits. He was later on brought to a house, which he eventually
came to know belonged to Tolits. The men that apprehended him insisted that
such house belonged to him, but he denied ownership of the same. He was
further brought to Robinson's lighthouse where he was asked to point to a
certain Akong and Tolits, in exchange for his release. However, he failed to
point to any person, because he had no idea who Akong and Tolits were. He
was then brought to the Pasig City Police Headquarters, where he was ordered
to clean the police officers' room. While he was sweeping the floor, he saw
10
Id. at 4.
II Id.
,2 Id.
V
Decision 4 G.R. No. 233656
several drug paraphernalia lying around. He reported what he saw to the police
chief, but the latter merely told him to just ignore them. At the police station,
PO 1 Sanoy showed him a plastic sachet that was allegedly recovered from
him. After four days, he was charged with violation of R.A. No. 9165 and
presented to Barangay Chairman Bobis. 13
so ORDERED. 15
Aggrieved, appellant filed an appeal with the Court of Appeals.
13
Id. at 5. ~
14 Id.
15
CA rollo, p. 24.
Decision 5 G.R. No. 233656
The Court of Appeals ruled that the prosecution was able to establish
the essential elements for the illegal possession and sale of dangerous drugs.
It held that prosecutions involving illegal drugs depend largely on the
credibility of the police officers or drug operatives who conducted the buy-
bust operation and thus, there is general deference to the assessment on such
point by the trial court, considering it had the opportunity to directly observe
the witnesses, their demeanor, and their credibility on the witness stand. Based
on the records of the case under consideration, it ruled that no compelling
reason exists to depart from the aforesaid rule. It held that the trial court gave
proper credence to the testimonies of the drug operatives for the prosecution.
It pointed out that appellant's failure to file cases against the buy-bust team
for planting evidence reinforces the prosecution's assertion that appellant was
arrested for being caught injlagrante delicto selling and possessing shabu. 18
The Court of Appeals held that the defenses of denial and alibi of
appellant are belied by the testimonies of the prosecution witnesses. It stressed
that the defenses of denial and alibi have been viewed with disfavor, because
of the ease of their concoction and the fact that they have been common and
standard defenses in prosecutions for the illegal sale and possession of
dangerous drugs. It ruled that such defenses are self-serving and cannot be
given weight over the positive assertions of credible witnesses, unless
16
Rollo, p. 11.
~
11 Id.
18
Id. at 7-8.
19
Id.at8-10.
Decision 6 G.R. No. 233656
The Issue
The issue in the instant case is whether or not appellant is guilty beyond
reasonable doubt of violation of Sections 5 and 11, Article II ofR.A. No. 9165.
On the other hand, under Section 11, Article II of R.A. No. 9165, which
refers to the illegal possession of dangerous drugs, the following must be
proven before an accused can be convicted: ( 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. 22
In cases that involve the illegal sale and illegal possession of dangerous
drugs, the illicit drugs confiscated from the accused comprise the corpus
delicti of the charges. It is of paramount importance that the identity of the
dangerous drug be established beyond reasonable doubt and that it must be
proven with certainty that the substance bought and seized during the buy-
bust operation is exactly the same substance offered in evidence before the
court. 23 In this regard, Section 21, Article II ofR.A. No. 9165 provides for the
chain of custody rule, outlining the procedure that police officers must follow
in handling the seized drugs in order to ensure that their integrity and
evidentiary value are preserved. 24
20
Id. at 10-11.
21
22
People v. Oliva, G.R. No. 234156, 7 January 2019.
Id.
(L_-
23 Id.
24
People v. Ano, G.R. No. 230070, 14 March 2018.
Decision 7 G.R. No. 233656
(1) The apprehending team having initial custody and control of the
drugs shall, immediately after seizure and confiscation,
physically inventory and photograph the same in the presence of
the accused or the person/s from whom such items were
confiscated and/or seized, or his/her representative or counsel, a
representative from the media and the Department of Justice
(DOJ), and any elected public official who shall be required to
sign the copies of the inventory and be given a copy thereof.
On 15 July 2014, R.A. No. 10640 was enacted amending Section 21,
Article II ofR.A. No. 9165 in the following manner:
xxxx
(1) The apprehending team having initial custody and control of
the dangerous drugs, controlled precursors and essential
chemicals, instruments/paraphernalia and/or laboratory
equipment shall, immediately after seizure and confiscation,
conduct a physical inventory of the seized items and
photograph the same in the presence of the accused or the
person/s from whom such items were confiscated and/or seized,
or his/her representative or counsel, with an elected public
official and a representative of the National Prosecution Service
or the media who shall be required to sign the copies of the
inventory and be given a copy thereof: Provided, That the
physical inventory and photograph shall be conducted at the
~
Decision 8 G.R. No. 233656
xxxx
Prior to the passage of R.A. No. 10640, after the seizure and
confiscation of the dangerous drugs, the apprehending team was required to
immediately conduct a physical inventory and to photograph the same in the
presence of (1) the accused or the person/s from whom such items were
confiscated and/or seized, or his/her representative or counsel, (2) a
representative from the media and (3) the DOJ, and (4) any elected public
official who shall be required to sign the copies of the inventory and be given
a copy thereof. It is assumed that the presence of these three persons will
guarantee against the planting of evidence and a frame up, insulating the
apprehension and incrimination proceedings from any taint of illegitimacy or
irregularity.
25
G.R. No. 229671, 31 January 2018, 854 SCRA 42.
26
Id. at 54-55, citing People v. Almorfe, 63 I Phil. 51, 60 (20 JO) and People v. De Guzman, 630 Phil. 637,
649 (2010).
µ
Decision 9 G.R. No. 233656
~
27 People v. Oliva, supra note 21. Emphasis supplied
28 Rollo, p. 4.
29 Supra note 21.
Decision 10 G.R. No. 233656
~
Decision 11 G.R. No. 233656
SO ORDERED.
Associate Justice
WE CONCUR:
JGSE
I
f.~~ AJkZARO-JAVIER
Associate Justice Associate Justice
Decision 12 G.R. No. 233656
ATTESTATION
I attest that the conclusions in the above Decision had been reached in
consultation before the case was assigned to the writer of the opinion of the
Court's Division.
ANTONIO T. CARPIO
Associate Justice
Chairperson
CERTIFICATION