855 Phil. 1043
CAGUIOA, J:
"That on the 17th of January 2012, at 5:00 o'clock in the afternoon, more or less, in Poblacion, Tukuran, Zamboanga del Sur, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, conspiring and confederating with one another and without having been authorized by law, did then and there willfully, unlawfully and feloniously sell and deliver to IO1 Rolly Calangi, a member of PDEA, who posed as buyer, one heat sealed transparent plastic sachet containing methamphetamine hydrochloride or shabu for Three Hundred Pesos (P300.00), knowing the same to be a dangerous drug.When arraigned, accused-appellants entered a plea of "not guilty."[6] Trial on the merits ensued.
CONTRARY TO LAW."[5]
On 17 January 2012, the Philippine Drug Enforcement Agency (PDEA) Provincial Office, Pagadian City received a report from a confidential informant regarding appellants' drug activities. Acting on this report, Agent Pollisco conducted a buy-bust briefing with the confidential informant, Agent Rolly R. Calangi, Agent Alerta, Agent Judilla, and member of the Provincial Intelligence Branch.Meanwhile, accused-appellants rely on a different narration of facts for their defense, to wit:
During the briefing, Agent Calangi was designated as poseur-buyer and was given P300.00 worth of buy-bust money. Agent Alerta, on the other hand, was designated as back-up arresting officer.
Thereafter, the buy-bust team proceeded to the target area at Tukuran, Zamboanga del Sur. Upon reaching a billiard hall behind the Freedom Stage, the confidential informant alighted from his motorcycle and entered the hall, while the rest of the team positioned themselves along the National Highway.
A few moments later, the confidential informant went out of the billiard hall with appellant [Peterlou Pimentel (Pimentel)], and introduced Agent Calangi to the latter as an interested buyer of shabu. Pimentel told Agent Calangi that a sachet of shabu costs P300.00. Agent Calangi signified his interest to buy a sachet and handed the buy-bust money to Pimentel.
Pimentel then called someone inside the billiard hall, from where emerged appellant [Lyndon Cañete (Cañete)]. Pimentel gave the buy-bust money to Cañete and returned inside the billiard hall. Cañete, on the other hand, went across the road. As instructed by Pimentel, Agent Calangi waited for Cañete's return.
After about five minutes, Cañete returned and handed to Agent Calangi something wrapped in cigarette foil. Upon inspection, Agent Calangi found the foil to contain a sachet of shabu. He then placed the foil and sachet inside his pocket and immediately proceeded to the buy-bust team's location, together with the confidential informant, while Cañete re-entered the billiard hall.
Agent Calangi told the buy-bust team of the transaction that transpired and showed to them the cigarette foil with the sachet of shabu. The buy-bust team decided to return to the billiard hall, leaving the confidential informant behind.
Upon reaching the billiard hall, Agent Calangi saw Cañete sitting on a bench, while Pimentel was standing near a billiard table. He immediately approached and held Cañete and identified himself as a PDEA agent. Upon Agent Calangi's instructions, Agent Alerta, on the other hand, approached and held Pimentel. Both appellants were bodily searched and placed on (sic) handcuffs after being informed of the cause of their arrest and their Miranda rights. During the search, Agent Calangi recovered from Cañete the P300.00 buy-bust money.
As people were starting to gather, Agent Pollisco decided to move his team and appellants out of the vicinity. They proceeded to their service vehicle, where Agent Calangi marked the confiscated evidence, viz:Item No. 1 – Quantity 1 Heat-sealed transparent sachet containing white crystalline substance suspected to be shabu (buy-bust evidence) with markings RRC BB dated 1-17-12;With Agent Calangi still in custody of the seized evidence, the buy-bust team proceeded to the PDEA Office in Pagadian City. However, due to a power interruption, the team had to go instead to the Provincial Intelligence Branch Office to conduct an inventory of the evidence. Present during the inventory were appellants, media representative Vanessa Cagas, elected official Ernesto Mondarte, and Department of Justice Representative Prosecutor Mary Ann Tugbang-Torres.
Item No. 2 – Quantity 1 Aluminum Foil with markings RRC-1 dated 1-17-12;
Item No. 3 – Quantity 1 Cigarette Foil with Markings RRC-2 dated 1-17-12; and
Item No. 4 – Quantity 3 P100 Bills Buy-Bust Money with Serial Numbers AZO75114; AZO75119 and AZO75114[.]
Thereafter, the investigator, Agent Decano, took a photograph of the evidence. A letter request for laboratory examination was likewise prepared and submitted by Agent Calangi to the Zamboanga del Sur Crime Laboratory.
PSI Christine Grace Bustillo received the letter request and examined the submitted specimen, which tested positive for methamphetamine hydrochloride or shabu.[7]
At around 5:00 o'clock in the afternoon on January 17, 2012 at Poblacion, Tukuran, Lyndon was working as a watcher for Jun Bangas' Billiard Hall ("billiard hall" for brevity); when suddenly, an unknown female and two (2) unknown armed males approached him, pointing their gun at him. They grabbed him and pulled his arms behind his back.Ruling of the RTC
Thereafter, he was bodily searched twice by these operatives and recovered from him, more or less, is [sic] P600.00 sum of money in P20.00 and P50.00 bills. The money recovered from him are payments made to him by the players of the billiard hall. He was then brought inside a white colored vehicle.
Lyndon and the three (3) unknown persons left Tukuran and made a stop-over at Park-In-Go, which is seventy (70) meters away from the billiard hall. While inside the vehicle, he was again frisked by his captors. He was then choked, threatened with a gun, and asked who was selling. He replied that he was only watching the billiard hall.
Afterwards, seven (7) armed persons, whom he saw earlier, before they boarded him in the vehicle approached him. They had with them Peterlou.
For his part, [Peterlou] testified that on the date of the alleged incident, he was at the billiard hall at Poblacion, Tukuran. He was watching a game while waiting for his younger brother when two (2) armed women entered the premises and approached Lyndon. He saw how they searched the body of Lyndon, confiscated his money and subsequently arrested him. He even saw Lyndon being brought inside a vehicle and was driven away.
Peterlou stayed at the billiard hall for thirty (30) minutes; however, three (3) unknown armed persons arrived and approached him. He was requested to come with them, because they were to ask queries about Lyndon. He acquiesced to their request and was brought to Park-In-Go Store.
Both appellants Lyndon and Peterlou were brought to Dao for their dinner. Afterwards, they headed to Camp Abelon.
They arrived at Camp Abelon at around 10:00 o'clock in the evening, where they were padlocked and forced to sign a document. It was then when the appellants first saw Agent Calangi. He was the one who showed them the document that they were forced to sign.
Apparently, an Information for selling a sachet of shabu was filed against Lyndon and Peterlou. However, they found out the exact charge that was filed against them only during arraignment.[8]
WHEREFORE, this court finds the two accused LYNDON CA[Ñ]ETE y FERNANDEZ and PETERLOU PIMENTEL y BENDEBEL, guilty beyond reasonable doubt for Violation of Section 5, Article II of RA 9165 and both are sentenced to suffer Life Imprisonment and are ordered to pay jointly a fine of PHP500,000.00.Without delving into specifics, the RTC mentioned lapses of procedure in the handling of the seized drug but nevertheless found that the integrity and evidentiary value of the seized item were properly preserved and established through evidence of an unbroken chain of custody.[10] The RTC likewise favored the testimony of the police officers based on the presumption that they performed their duties in a regular manner.[11]
The PDEA of Pagadian City is hereby directed to coordinate with the Branch Clerk of Court for the destruction of the SHABU pursuant to the provisions of RA 9165 fifteen (15) days from receipt of this Decision.
SO ORDERED.[9]
WHEREFORE, the appeal is DISMISSED. The 31 March 2017 Decision of the Regional Trial Court, Branch 20, Pagadian City, in Criminal Case No. 10417-2K12 finding appellants guilty beyond reasonable doubt of selling shabu defined and penalized under Section 5 of RA 9165 (The Comprehensive Dangerous Drugs Act of 2002), is AFFIRMED in toto.The CA sustained the conviction of accused-appellants notwithstanding certain lapses in the transmission of the shabu allegedly seized from them.[13] While the CA confirmed that the inventory was not conducted immediately after seizure and at the place prescribed under the law, it nevertheless found such lapses excusable under the circumstances.[14]
SO ORDERED.[12]
SEC. 21. Custody and Disposition of Confiscated, Seized, and/or Surrendered Dangerous Drugs, Plant Sources of Dangerous Drugs, Controlled Precursors and Essential Chemicals, Instruments/Paraphernalia and/or Laboratory Equipment. — The PDEA shall take charge and have custody of all dangerous drugs, plant sources of dangerous drugs, controlled precursors and essential chemicals, as well as instruments/paraphernalia and/or laboratory equipment so confiscated, seized and/or surrendered, for proper disposition in the following manner:Prescinding therefrom, Section 21 (a) of the Implementing Rules and Regulations (IRR) of RA 9165 supplies additional custody requirements and further added a "saving clause" in case such requirements are not met:
(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[.][15] (Emphasis supplied)
SECTION 21. Custody and Disposition of Confiscated, Seized and/or Surrendered Dangerous Drugs, Plant Sources of Dangerous Drugs, Controlled Precursors and Essential Chemicals, Instruments/Paraphernalia and/or Laboratory Equipment. — The PDEA shall take charge and have custody of all dangerous drugs, plant sources of dangerous drugs, controlled precursors and essential chemicals, as well as instruments/paraphernalia and/or laboratory equipment so confiscated, seized and/or surrendered, for proper disposition in the following manner:The requirements laid down in Section 21 of RA 9165 and its IRR are couched in strict and mandatory terms. Thus, failure to comply with the procedure found therein is excusable only if the following requisites obtain: (1) that there exist "justifiable grounds"; and (2) that the integrity and the evidentiary value of the seized items are properly preserved by the apprehending team.[16]
(a) The apprehending officer/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: Provided, that the physical inventory and photograph shall be conducted at the place where the search warrant is served; or at the nearest police station or at the nearest office of the apprehending officer/team, whichever is practicable, in case of warrantless seizures; Provided, further, that non-compliance with these requirements under justifiable grounds, as long as the integrity and the 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[.] (Emphasis supplied)
Section 21, paragraph 1 of RA 9165 plainly requires the apprehending team to conduct a physical inventory of the seized items and the photographing of the same immediately after seizure and confiscation. Further, the inventory must be done in the presence of the accused, his counsel, or representative, a representative of the DOJ, the media, and an elected public official, who shall be required to sign the copies of the inventory and be given a copy thereof.Based on the foregoing standards, the Court shall now proceed to discuss the merits of this case.
The phrase "immediately after seizure and confiscation" means that the physical inventory and photographing of the drugs were intended by the law to be made immediately after, or at the place of apprehension. And only if this is not practicable that the IRR allows the inventory and photographing at the nearest police station or the nearest office of the apprehending officer/team. This also means that the three required witnesses should already be physically present at the time of apprehension — a requirement that can easily be complied with by the buy-bust team considering that the buy-bust operation is, by its nature, a planned activity. In other words, the buy-bust team has enough time and opportunity to bring with them said witnesses.
Moreover, while the IRR allows alternative places for the conduct of the inventory and photographing of the seized drugs, the requirement of having the three required witnesses to be physically present at the time or near the place of apprehension is not dispensed with. The reason is simple: it is at the time of arrest — or at the time of the drugs' "seizure and confiscation" — that the presence of the three witnesses is most needed, as it is their presence at the time of seizure and confiscation that would insulate against the police practice of planting evidence.[20] (Emphasis supplied; emphasis and italics in the original omitted)
It is not disputed that the inventory was conducted at the Office of the Provincial Intelligence, Zamboanga del Sur Provincial Police Office, Camp Abelon, and not at the nearest police station from the crime scene, which was the PNP Station of Labanga, and the nearest PDEA Office at Dao, Pagadian City. This fact was fully explained by Agent Calangi. On the day the appellants were arrested, the team immediately proceeded to the PDEA Office in Dao but due to the power interruption, their team leader instructed the team to proceed to the Office of the Provincial Intelligence Branch at Camp Abelon so they can properly conduct their inventory without any disruption. Due to the exigent circumstances, the team leader found the said location to be the most practicable despite bypassing the PNP Station of Labanga. After all, such decision may have proceeded from the fact that the PDEA conducted said buy-bust with the coordination of the Office of the Provincial Intelligence, and not with the police officers at the Labanga Police Station.The Court is not persuaded.
Although the inventory and photographs were taken only at the Office of the Provincial Intelligence Branch and not at the crime scene immediately after the marking, what is important is that inventory was made, and photographs taken, of the seized sachet of shabu in the presence of the accused and in the presence of the representatives from media, Department of Justice (DOJ) and an elected official, who signed the inventory and was given a copy thereof as provided under Section 21.
As enumerated by Agent Calangi, the following witnesses were present during the inventory: 1) Vanessa Cagas, the media representative; 2) Honorable Ernesto Mondarte, the elected official; 3) Prosecutor Mary Ann Tugbang-Torres, the representative from DOJ; and 4) the appellants themselves. Afterwards, copies of the Certificate of Inventory, which [were] signed by the three witnesses, were given to them and the appellants, x x x
Also, in spite of the fact that the inventory and photographs were not taken immediately after the seizure of the shabu at the scene of the crime, it must be highlighted that this is a case of warrantless arrest and the apprehending team may choose to conduct the inventory at the Office of the Provincial Intelligence Branch. It is only the marking of the drugs seized without warrant that must be done "immediately upon confiscation" and in the presence of the accused.[22] (Emphasis supplied)