683 Phil. 339; 109 OG No. 18, 3198 (May 6, 2013)
LEONARDO-DE CASTRO, J.:
The undersigned accuses EMILY MENDOZA Y SARTIN of a Violation of Section 5, of Republic Act 9165, committed as follows:
That on or about May 12, 2003, in the City of Manila, Philippines, the said accused, not being lawfully authorized by law to sell, trade, deliver or give away to another any dangerous drug, did then and there willfully, unlawfully and knowingly sell ZERO POINT ONE FIVE NINE (0.159) gram of white crystalline substance commonly known as SHABU, containing methylamphetamine hydrochloride, a dangerous drug.[4]
- That Macapagal was an expert in the field of science;[9]
- That there is a letter dated May 12, 2003,[10] requesting for the laboratory examination of one heat-sealed small, transparent, plastic sachet containing white crystalline substance, marked as “SOG-1”;
- That Macapagal, after examining the contents of the plastic sachet, placed such sachet in a small brown envelope, which she signed, dated, and sealed with a staple wire;
- That the contents of the plastic sachet, as retrieved from the brown envelope, weighed 0.159 grams; and
- That a qualitative examination of the white crystalline substance in the plastic sachet yielded positive for presence of methylamphetamine hydrochloride, as shown in Chemistry Report No. D-1058-03, issued by Macapagal.[11]
TIME AND DATE RECEIVED: 1520H 12 May 2003After the prosecution rested its case, the defense presented Mendoza to refute and disprove the material allegations made against her. Mendoza denied that she sold shabu to Ching. She alleged that she was in front of her house, waiting for her aunt, when a man, whom she had never seen before, and whom she had not seen during the trial, asked her about the owner of a video game. She told the man that it was her neighbor. The man inquired further about the pusher of shabu, to which she claimed lack of knowledge. The man then asked if she could be invited to the precinct. Mendoza said she asked the man why she was being invited, but the man allegedly told her to just explain at the precinct. She tried to resist but the man reportedly forced her to go with him to the SOG, Manila City Hall, via a sidecar. Upon reaching the police station, she was subjected to an inquest when she refused to give the man fifty thousand pesos (P50,000.00).[17]
REQUESTING PARTY/UNIT: Chief, CHISRU BranchSOG=City Hall, Manila
SPECIMEN SUBMITTED:
A – One (1) heat-sealed transparent plastic sachet with marking “SOG-1” containing 0.159 gram of white crystalline substance. x x x.
PURPOSE OF LABORATORY EXAMINATION:
To determine the presence of dangerous drugs. x x x.
F I N D I N G S :
Qualitative examination conducted on the above-stated specimen gave POSITIVE result to the test for Methylamphetamine hydrochloride, a dangerous drug. x x x.
C O N C L U S I O N :
Specimen A contains Methylamphetamine hydrochloride, a dangerous drug. x x x.
REMARKS:
TIME AND DATE COMPLETED: 1720H 12 May 2003[16]
WHEREFORE, premises considered, the court hereby finds the accused, GUILTY, of the crime charged against her, beyond reasonable doubt, and is hereby sentenced to suffer the penalty of life imprisonment and to pay a fine of Five Hundred Thousand Pesos (P500,000.00).
The shabu, subject of this case, is hereby forfeited in favor of the State and ordered destroyed pursuant to existing Rules.[18]
I
THE TRIAL COURT GRAVELY ERRED FINDING THE ACCUSED-APPELLANT GUILTY OF THE CRIME CHARGED BEYOND REASONABLE DOUBT.II
THE TRIAL COURT GRAVELY ERRED IN GIVING FULL WEIGHT AND CREDENCE ON THE EVIDENCE OF THE PROSECUTION AND DISREGARDING ACCUSED-APPELLANT’S DEFENSE.[23]
WHEREFORE, premises considered, the instant appeal is hereby DENIED. The assailed Decision dated March 20, 2007 of the Regional Trial Court, Branch 23, Manila in Crim. Case No. 03-214163 is hereby AFFIRMED.[24]
Section 5. Sale, Trading, Administration, Dispensation, Delivery, Distribution and Transportation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals. - The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any person, who, unless authorized by law, shall sell, trade, administer, dispense, deliver, give away to another, distribute, dispatch in transit or transport any dangerous drug, including any and all species of opium poppy regardless of the quantity and purity involved, or shall act as a broker in any of such transactions.
The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon any person, who, unless authorized by law, shall sell, trade, administer, dispense, deliver, give away to another, distribute, dispatch in transit or transport any controlled precursor and essential chemical, or shall act as a broker in such transactions.
If the sale, trading, administration, dispensation, delivery, distribution or transportation of any dangerous drug and/or controlled precursor and essential chemical transpires within one hundred (100) meters from the school, the maximum penalty shall be imposed in every case.
For drug pushers who use minors or mentally incapacitated individuals as runners, couriers and messengers, or in any other capacity directly connected to the dangerous drugs and/or controlled precursors and essential chemicals trade, the maximum penalty shall be imposed in every case.
If the victim of the offense is a minor or a mentally incapacitated individual, or should a dangerous drug and/or a controlled precursor and essential chemical involved in any offense herein provided be the proximate cause of death of a victim thereof, the maximum penalty provided for under this Section shall be imposed.
The maximum penalty provided for under this Section shall be imposed upon any person who organizes, manages or acts as a "financier" of any of the illegal activities prescribed in this Section.
The penalty of twelve (12) years and one (1) day to twenty (20) years of imprisonment and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon any person, who acts as a "protector/coddler" of any violator of the provisions under this Section.
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:
(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[.]
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:
(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.)
The law excuses non-compliance under justifiable grounds. However, whatever justifiable grounds may excuse the police officers involved in the buy-bust operation in this case from complying with Section 21 will remain unknown, because appellant did not question during trial the safekeeping of the items seized from him. Indeed, the police officers’ alleged violations of Sections 21 and 86 of Republic Act No. 9165 were not raised before the trial court but were instead raised for the first time on appeal. In no instance did appellant least intimate at the trial court that there were lapses in the safekeeping of seized items that affected their integrity and evidentiary value. Objection to evidence cannot be raised for the first time on appeal; when a party desires the court to reject the evidence offered, he must so state in the form of objection. Without such objection he cannot raise the question for the first time on appeal.[35]
Section 86. Transfer, Absorption, and Integration of All Operating Units on Illegal Drugs into the PDEA and Transitory Provisions. – The Narcotics Group of the PNP, the Narcotics Division of the NBI and the Customs Narcotics Interdiction Unit are hereby abolished; however they shall continue with the performance of their task as detail service with the PDEA, subject to screening, until such time that the organizational structure of the Agency is fully operational and the number of graduates of the PDEA Academy is sufficient to do the task themselves: Provided, That such personnel who are affected shall have the option of either being integrated into the PDEA or remain with their original mother agencies and shall, thereafter, be immediately reassigned to other units therein by the head of such agencies. Such personnel who are transferred, absorbed and integrated in the PDEA shall be extended appointments to positions similar in rank, salary, and other emoluments and privileges granted to their respective positions in their original mother agencies.
SECTION 86. Transfer, Absorption, and Integration of All Operating Units on Illegal Drugs into the PDEA and Transitory Provisions.— The Narcotics Group of the PNP, the Narcotics Division of the NBI and the Customs Narcotics Interdiction Unit are hereby abolished, however, they shall continue with the performance of their task as detail service with the PDEA, subject to screening, until such time that the organizational structure of the Agency is fully operational and the number of graduates of the PDEA Academy is sufficient to do the task themselves: Provided, that such personnel who are affected shall have the option of either being integrated into the PDEA or remain with their original mother agencies and shall thereafter, be immediately reassigned to other units therein by the head of such agencies. Such personnel who are transferred, absorbed and integrated in the PDEA shall be extended appointments to positions similar in rank, salary and other emoluments and privileges granted to their respective positions in their original mother agencies.
The transfer, absorption and integration of the different offices and units provided for in this Section shall take effect within eighteen (18) months from the effectivity of the Act: Provided, that personnel absorbed and on detail service shall be given until five (5) years to finally decide to join the PDEA.
Nothing in the Act shall mean a diminution of the investigative powers of the NBI and the PNP on all other crimes as provided for in their respective organic laws: Provided, however, that when the investigation being conducted by the NBI, the PNP or any ad hoc anti-drug task force is found to be a violation of any of the provisions of the Act, the PDEA shall be the lead agency. The NBI, the PNP or any of the task force shall immediately transfer the same to the PDEA; Provided, further, that the NBI, the PNP and the Bureau of Customs shall maintain close coordination with the PDEA on all drug related matters.
(a) Relationship/Coordination between PDEA and Other Agencies. — The PDEA shall be the lead agency in the enforcement of the Act, while the PNP, the NBI and other law enforcement agencies shall continue to conduct anti-drug operations in support of the PDEA: Provided, that the said agencies shall, as far as practicable, coordinate with the PDEA prior to anti-drug operations; Provided, further, that, in any case, said agencies shall inform the PDEA of their anti-drug operations within twenty-four (24) hours from the time of the actual custody of the suspects or seizure of said drugs and substances, as well as paraphernalia and transport equipment used in illegal activities involving such drugs and/or substances, and shall regularly update the PDEA on the status of the cases involving the said anti-drug operations; Provided, furthermore, that raids, seizures, and other anti-drug operations conducted by the PNP, the NBI, and other law enforcement agencies prior to the approval of this IRR shall be valid and authorized; Provided, finally, that nothing in this IRR shall deprive the PNP, the NBI, other law enforcement personnel and the personnel of the Armed Forces of the Philippines (AFP) from effecting lawful arrests and seizures in consonance with the provisions of Section 5, Rule 113 of the Rules of Court. (Emphasis supplied.)
(1) [T]he identity of the buyer and the seller, the object, and the consideration; and
(2) [T]he delivery of the thing sold and the payment therefor.[39]