753 Phil. 288
PEREZ, J.:
That on or about the 9th day of December 2006, at Bayabas, Municipality of La Trinidad, Province of Benguet, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, without being authorized by law, did then and there willfully, unlawfully and knowingly have in her possession, control and custody a total of 0.28 grams (sic) of Methamphetamine Hydrochloride also known as “shabu”, a dangerous drug, in violation of the said law. [5]
That on or about the 9th day of December, 2006, at Barangay Bayabyas, Municipality of La Trinidad, Province of Benguet, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, without any authority by law, did then and there willfully, unlawfully and knowingly deliver and sell to PO2 ARIELTINO G. CORPUZ, a member of the Philippine Drug Enforcement Agency who acted as a poseur-buyer, 0.15 grams (sic) of Methamphetamine Hydrochloride also known as “shabu”, a dangerous drug, in violation of the said law. [6]
On December 5, 2006, at the Philippine Drug Enforcement Agency (PDEA) office, Melvin Jones Grandstand, Harrison Road, Baguio City, a male confidential informant reported to Police Chief Inspector Luisito Meris that a certain alias “Amy” is engaged in delivering Methamphetamine Hydrochloride, also known as “Shabu” within the vicinity of the La Trinidad Trading Post at Km. 5, La Trinidad, Benguet. Those present at the office were PO2 Arieltino Corpuz, SPO2 Cabily Agbayani and SPO1 Bernardo Ventura and they all heard this piece of information. PCI Meris relayed the information to the PDEA Regional Director, Col. Inmodias and the latter formed a team tasked to conduct the operation against alias “Amy” and cause her eventual arrest. PCI Meris was designated Team Leader and PO2 Corpuz, SPO2 Agbayani and SPO1 Ventura were tasked as arresting officers.
The team leader, PCI Meris then directed PO2 Corpuz and the confidential informant to conduct surveillance within the vicinity of the La Trinidad Trading Post at Km. 5, La Trinidad, Benguet and look in to the activities of alias “Amy”.
Thus, the following day, December 6, 2006, PO2 Corpuz and the confidential informant met at 4:00 o’clock in the morning within the premises of the Benguet General Hospital as the informant stated that the activities of alias “Amy” were always done in the morning. PO2 Corpuz and the confidential informant walked to the La [Trinidad] Trading Post and the former told the latter that if alias “Amy” would come, he (informant) should go near her so he (PO2 Corpuz) could meet her. Indeed at around 4:30 o’clock in the morning, a woman named “Amy” arrived and the confidential informant met and talked to her before he called PO2 Corpuz. PO2 Corpuz was introduced to “Amy” as the buyer of “shabu”. “Amy” said she had something else to do and so she just gave PO2 Corpuz her cell phone number. PO2 Corpuz then went back to their office leaving the confidential informant at the La Trinidad Trading Post.
On December 8, 2006, PO2 Corpuz called “Amy” and asked her regarding their transaction as he was willing to buy “shabu” worth two thousand pesos (PHP 2,000.00). “Amy” said she will deliver the shabu the following day, December 9, 2006 at 6:00 o’clock in the morning at the vicinity of the La Trinidad Trading Post.
On December 9, 2006 at about 4:00 o’clock in the morning, the team already designated by the Regional Director proceeded first to the La Trinidad Police Station which was just in front of the La Trinidad Trading Post at Km. 5, La Trinidad, Benguet to coordinate with the local police before going to the rendezvous area. On instruction of Team Leader PCI Meris, PO2 Corpuz called “Amy” and told her he was already at the La Trinidad Trading Post. However, “Amy” said that she could not make it as she was doing something and asked him to see her at 4:00 o’clock that afternoon. He agreed to her plan and so the team went back to their office.
At around 4:00 o’clock in the afternoon of the same day, the team went back to the La Trinidad Trading Post and again PO2 Corpuz called “Amy” through her cell phone. “Amy” answered and directed PO2 Corpuz to go to the road leading to Bayabas, La Trinidad, Benguet and she would deliver the “shabu” there. The team proceeded as directed and PO2 Corpuz as the poseur-buyer with PHP 2,000.00 in his possession positioned himself at the entrance of the road leading to Bayabas while the rest of the team stayed at a place where they could see the transaction going on. PCI Meris stationed himself at the alley beside a store and from his vantage point, he could see the arresting officers, SPO2 Agbayani and SPO1 Ventura but he could not actually see PO2 Corpuz.
Thirty minutes later, “Amy” arrived. She brought what appeared to be small transparent plastic sachets containing white crystalline substance, picked out two sachets (Exhibits “C” and “C-1”) and gave it to PO2 Corpuz. He asked whether the items were of good quality to which “Amy” answered that those were “first class”. He pressed the white crystals and right away it crumbled into powdery substance and he suspected that the substance was “shabu”. “Amy” then demanded the payment of Two Thousand Pesos. He was ready with the amount but he was instructed that once the “shabu” was given to him, he need not hand the money any longer. Thus, PO2 Corpuz placed the two sachets in his pant[s] pocket and held Amy’s right hand and announced “Pulis ako!” This was the pre-arranged signal and so the rest of the team rushed to the scene and SPO1 Ventura held “Amy” while SPO2 Agbayani told her her constitutional rights. PCI Meris then told “Amy” to empty her pockets. “Amy” complied and PCI Meris saw her actually bringing out her cell phone and four sealed sachets (Exhibits “D”, “D-1”, “D-2” and “D-3”) each containing a white substance similar to the ones she handed to PO2 Corpuz. PO2 Corpuz then got the sealed sachets and he turned over all the six sachets, the two sachets sold to him and the four sachets which “Amy” brought out from her pocket, as well as the cell phone to the team leader PCI Meris. PCI Meris then held on to the items as they went to the La Trinidad Police Station.
x x x x
“Amy” was then brought to the La Trinidad Police Station purposely for the case to be entered in the police blotter. The team with the accused in tow went back to the PDEA Office at Melvin Jones Grandstand, Harrison Road, Baguio City where she was booked and a Booking Sheet and Arrest Report (Exhibit “F”, page 95, Rollo, Criminal Case No. 6702) was prepared. She was then identified as Amy Dasigan, the accused in this case. PCI Meris brought out the seized items and directed his team members to put their initials on said items. When asked why the initials were not indicated on the plastic sachets at the time of the arrest, PCI Meris explained that Bayabas, La Trinidad, Benguet, is a notorious place based on his personal knowledge as he grew up in La Trinidad, Benguet as well as based on statistics of the PNP of La Trinidad, Benguet. Being a notorious place and fearing that the accused may have some back-up, he deemed it best that the marking be done in their office and so they left the place right after the arrest of the accused.
PO2 Corpuz, SPO1 Ventura and SPO2 Agbayani each placed their initials on all the plastic sachets containing suspected “shabu”. The initials CJA was for Cabily J. Agbayani; the initials AGC for Arieltino G. Corpuz and the initials BAV for Bernardo A. Ventura. “Amy” was in the office witnessing the men as they placed their initials. After placing their initials on the items seized, PCI Meris turned over the seized items to the Evidence Custodian of PDEA-CAR, SPO3 Romeo L. Abordo, Sr.
x x x x
SPO3 Romeo Abordo then prepared the inventory of the seized items (Exhibits “B” and “B-1”, page 94, Rollo, Criminal Case No. 6702), consisting of two small heat-sealed transparent plastic sachets containing white crystalline substance and bearing the initials CJA, AGC and BAV, four small heat-sealed transparent plastic sachets containing white crystalline substance also bearing the initials CJA, AGC and BAV and one Nokia cell pohone with a SIM card. The inventory was done in the presence of Pros. Gondayao of the Benguet Provincial Prosecutor’s Office, the accused, and elected official and a member of the media. SPO3 Abordo testified that the cell phone was no longer functioning as although they tried to charge it, it could not be charged.
On December 10, 2006, SPO3 Abordo brought the request for laboratory examination (Exhibit “G”, page 96, Rollo, Criminal Case No. 6702) together with the confiscated items (Exhibits “C”, “C-1”, “D”, “D-1”, “D-2”, “D-3”) to the PNP Crime Laboratory where it was received by PO1 Joseph Andrew P. Dulnuan.
PO1 Dulnuan of the PNP Crime Laboratory received the items from SPO3 Abordo. He compared the items listed in the request with the items he received and finding it accurate, he placed a control number on the request, Control No. 329-06, logged in the request and accepted the turned-over items (Exhibit “G-1”, page 96, Rollo, Criminal Case No. 6702). PO1 Dulnuan then turned over these same items to Forensic Chemist PSInsp. Edward Gayados.
PSInsp. Edward Gayados is the forensic chemical officer of the PNP Crime Laboratory at Camp Dangwa, La Trinidad, Benguet. On December 10, 2006, he received from PO1 Dulnuan a request from the PDEA-CAR for the conduct of a laboratory examination on suspected “shabu”. The items turned over to him by PO1 Dulnuan were two heat-sealed transparent plastic sachets containing white crystalline substance (Exhibits “C” and “C-1”) and four heat-sealed transparent plastic sachets containing white crystalline substance (Exhibits “D”, “D-1”, “D-2” and “D-3”). All the plastic sachets contained the intials CJA, AGC and BAV.
x x x x
SPInsp. Gayados then marked each specimen submitted indicating the case number assigned by their office, the date of the examination and his initials. His findings were placed in writing under Chemistry Report No. D-056-06 (Exhibits “I” and “I-1”, page 7, Rollo, Criminal Case No. 6703) and his findings and conclusion state “Qualitative examination conducted on the above-stated specimens “A & B” gave POSITIVE result to the tests for the presence of Methamphetamine hydrochloride, a dangerous drug. xxx Specimens “A & B” contain Methamphetamine hydrochloride, a dangerous drug.xxx” (Exhibit “I-2”). [8]
On December 8, 2006, she was at home when PDEA agents went to their house at around 10:00 o’clock in the morning. She knew them as PDEA agents as her sister-in-law Norma Domingo accompanied them when somebody was arrested in Bayabas sometime before that day. In fact, the agents even dropped by their house and so they knew where she lived. She identified the agents as Corpuz, Meris and Agbayani. These agents told her that her daughter Ghel was in their office as she was caught in possession of “shabu”. She then went with the PDEA agents and she saw her daughter Ghel in the PDEA vehicle but she was not able to talk to her. She was then brought tot he PNP Office at Camp Dangwa, La Trinidad, Benguet where she was shown the “shabu” after which she was brought to the PDEA Office at Melvin Jones Grandstand, Harrison Road, Baguio City. She then saw her daughter and the PDEA agents talking after which the PDEA accompanied her daughter to get her sister-in-law Norma Domingo as it was the latter who told the daughter of the accused to deliver the “shabu” to the La Trinidad Trading Post. Later that evening, her daughter came back with Norma Domingo. The accused was not able to talk to her sister-in-law before the latter was transferred to Camp Dangwa as according to the PDEA agents, they could not be together. The accused stated that her sister-in-law had always been arrested for possession of “shabu” but she was always freed. But this time, the PDEA agents told her that she was being arrested as they insisted that the “shabu” came from her. She further insists that she was arrested on December 8, 2006 and not December 9, 2006 as claimed by the PDEA agents and she was eventually brought to jail on December 11, 2006. She denies that she could not have texted PO2 Corpuz as she does not have her own cell phone and she and her jusband share just one cell phone. She surmised that the PDEA agents may have sent the text messages to her daughter’s cell phone.
Ghel Dasigan, the daughter of the accused is 15 years old. She testified that Norma Dasigan Domingo is her aunt, the latter being the sister of his father. On December 6, 2006, she was with her Aunt Norma at their house in Apugan, Green Valley, Baguio City as she was to go down to Manila with her aunt to buy gifts. At around 9:00 o’clock in the morning of that same day, they left Baguio City arriving in Taguig City at around 4:00 o’clock in the afternoon of the same day. They spent the night in the house of one Ruben Pasandalan but she does not know him personally. That night, her Aunt Norma said they would get “shabu” from Ruben. She saw the “shabu” weighing around 25 grams contained in a plastic sachet. Her aunt placed the “shabu” inside her bag. The following day, they left Taguig. Upon arriving in Baguio, she did not go home to La Trinidad but spent the night at her aunt’s house. In the morning, her aunt gaver her “shabu” to deliver to a certain Rico at the La Trinidad Trading Post. She went home first to see her mother but she never told her anything about the “shabu.” She then went to the La Trinidad Trading Post and although she does not know Rico, she knows that he owns a carinderia where they usually eat. She gave the “shabu” to Rico when suddenly five men who said they were PDEA agents came and she was arrested. She alone was brought to the PDEA vehicle and although Rico was already in possession of the “shabu” at that time, he was allowed to go free.
She was brought to their residence but she was left in the van when the PDEA agents went to call for her mother. Her mother was brought to the van and the PDEA agents were insisting that it was her mother who sent her to deliver the “shabu”. She stated that it was her Aunt Norma who made her deliver the “shabu” and so she was made to point out her aunt’s house. They all went to Apugan, Green Valley, Baguio City and she showed Norma’s house. Norma was then brought to Camp Dangwa but she was released after her daughter-in-law came and gave money to the PDEA agents but it was not PO2 Corpuz who received the money.[9]
In Criminal Case No. 07-CR-6702
WHEREFORE, based on the foregoing premises, the court finds accused Amy Dasigan y Oliva GUILTY beyond reasonable doubt of the crime of Violation of Section 11, (3), Article II of Republic Act No. 9165 and hereby sentences her to suffer an indeterminate sentence of TWELVE (12) YEARS and ONE (1) DAY as Minimum to FOURTEEN (14) YEARS and EIGHT (8) MONTHS as Maximum and to pay a fine in the amount of THREE HUNDRED THOUSAND PESOS (PHP 300,000.00) and to pay the costs.
Pursuant to Article 29 of the Revised Penal Code, the period of the preventive imprisonment of the accused shall be credited in the service of her sentence, provided the conditions prescribed in such article have been fully met.
In Criminal Case No. 07-CR-6703
WHEREFORE, based on the foregoing premises, the court finds accused Amy Dasigan y Oliva GUILTY beyond reasonable doubt of the crime of Violation of Section 5, Article II of Republic Act No. 9165 and hereby sentences her to suffer the penalty of LIFE IMPRISONMENT and to pay a fine in the amount of FIVE HUNDRED THOUSAND PESOS (PHP 500,000.00) and to pay the costs.
Pursuant to Article 29 of the Revised Penal Code, the period of the preventive imprisonment of the accused shall be credited in the service of her sentence, provided the conditions prescribed in such article have been fully met. [10]
I
THE TRIAL COURT GRAVELY ERRED IN CONVICTING THE ACCUSED-APPELLANT DESPITE THE PROSECUTION’S FAILURE TO ESTABLISH THE INTEGRITY AND IDENTITY OF THE SEIZED SHABU BEYOND REASONABLE DOUBT.II
THE TRIAL COURT SERIOUSLY ERRED IN CONVICTING THE ACCUSED-APPELLANT WHEN HER GUILT WAS NOT PROVEN BEYOND REASONABLE DOUBT. [11]
FOR THE STATED REASONS, the instant appeal is DENIED. The Decision of the RTC dated 7 January 2011 finding the accused Amy Dasigan y Oliva guilty of violation of Sections (5) and 11 (3) of R.A. 9165 is AFFIRMED. [16]
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:(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.[21]
x x x Provided, further, that non-compliance with these requirements 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. [23] (Italics, emphasis, and undecoring omitted)
Q - Now let’s go back to that time you said that Amy gave you that stuff, you did not give any money, was it not? A - Yes, sir. Q - In other words you did not prepare any marked money? A - We prepared, sir. Q - You prepared? A - Yes, sir. Q - But you never handed it to her? A - Yes, sir. Q - Why? A - During our briefing our team leader told me that if ever the shabu will already be given to you, you just grabbed (sic) the hand and do not give already the money. It might even be lost. She might run away with it. Q - How many of you conducted that buy-bust operation against this certain Amy? A - We are all four, sir. Q - And you said she was alone at that time? A - Yes, sir. Q - But the instruction given to you was there was no need to give the money because it might get lost, is that correct? A - He told me that, whenever the shabu had already been given to you, grab her hand. Q - I see. So there was no say (sic) because you did not give the money? A - Sometimes the transaction happen (sic) when the subject person first can get the money that is the time that we have to give the money but that happened (sic) if she give first the item before she claim the money, sir. Q - It did not occur to you that since it is an exchange of – you should have given the money before you were given the shabu? A - No longer, sir. Q - You immediately grabbed her? A - Yes, sir. Q - In other words there was no exchange of that marked money and shabu, is that what you are saying? A - She gave shabu before I grabbed her hand. Q - Now before you conducted the buy-bust operation you prepared marked money, was it not? A - Yes, sir. Q - How did you prepare that? A - Our team leader get the money to our Regional then he gave me the money. Q - But you did not hand the money to her? A - Yes, sir. Court: Q - So Amy never touched the money? A - No, your honor. Q - It was in your pocket all alone (sic)? Where was the marked money? A - In my hand, your honor. Q - What hand? A - My right hand. Q - Oh, so you were holding it in a fist? A - Yes, your honor. And then when she saw the money I returned (sic) back to my pants. Q - Who had the money? A - I am (sic), your honor. Q - No, no, no, you said, so you had the money in your hand? A - Yes, your honor. Q - When did you put it back in your pocket? A - Because alias Amy will show me the shabu so I put the money in my pocket. Q - So she was going to show the shabu? A - Yes, your honor. Q - You show (sic) her the money? A - Yes, your honor. Q - But you put back the money in your pocket? A - Yes, your honor. Q - And then you show (sic) her the shabu? A - Yes, your honor. I told her to see first the item if it is good. Q - So you saw the shabu? A - Yes, your honor. Q - Did she touch the shabu or you just looked at it? A - She touched. Q - You touched it? A - She gave it to me, your honor. Q - She gave the shabu to you? A - Because I told her that I will see it first if it is good. Q - And then when she gave it to you what happened? A - I examined. Q - And then what happened? A - When I examined it at that time she was claiming the money. Q - And then? A - And then I grabbed already her hand and saying PDEA ako. Q - So she never got the money? A - Yes, your honor. [33] x x x x