840 Phil. 424
BERSAMIN, J.:
That on or about July 1, 2008 in the City of Manila, Philippines, the said accused, not having been authorized by law to sell, trade, deliver or give away to another any dangerous drug, did then and there willfully, unlawfully and knowingly sell one (1) heat sealed transparent plastic sachet with markings "SAID" weighing ZERO POINT ZERO FIVE SEVEN (0.057) gram of white crystalline substance containing methylamphetamine hydrochloride known as "shabu", which is a dangerous drug.
CONTRARY TO LAW.[2]
The testimony of PSI ELISA REYES was dispensed with after the public prosecutor and the defense counsel stipulated that she is the same Forensic Chemist who conducted the laboratory examination on the specimen submitted to their Office; that after forming physical, chemical and confirmatory tests, the examination gave positive result for Methylamphetamine Hydrochloride; that the result was reduced into writing in Chemistry Report No. D-639-08; and that she has no personal knowledge as to the source of the specimen subject matter of this case as well as to the circumstances surrounding the apprehension of the accused.
SPO3 ROLANDO DEL ROSARIO testified that on July 1, 2008 at around 10:00 o'clock in the morning, their Office received a telephone call from an unidentified caller informing them that a woman in black blouse and maong shorts, who was selling illegal drugs, was at the house of a certain pusher named Onin at Langkaan Area near Asuncion Street, Tondo, Manila; that he immediately informed Police Chief Inspector Roberto Macabeo about the information who in turn, instructed him and PO1 Arturo Ladia to verify the information; that at around 10:30 o'clock in the morning of the same day, he and PO1 Ladia boarded a sidecar and proceeded to the reported area; that at the target area, he saw from a distance of about I0-15 meters a woman in black blouse and maong shorts; that when he passed in front of the woman whose identity he later came to know as Janet Peromingan, the latter asked him "Kukuha ka?"; that he replied: "Yes" and pulled out a Two Hundred Peso (P200) bill from his pocket and handed it to Janet Peromingan; that the accused in turn, handed to him a plastic sachet containing white crystalline substance; that after receiving the plastic sachet, he immediately arrested Janet Peromingan and identified himself as a police officer, thereafter, he apprised the latter of her constitutional rights, informed her of her violation, and brought her to their police station; that he recovered the buy-bust money from the accused; that at the police station, he marked the plastic sachet which he bought from the accused with the marking SAID, after which, he turned it over together with the buy-bust money to their Investigator, SPO1 Antonio Marcos, who then prepared the request for laboratory examination and delivered the specimen to the Crime Laboratory Unit of the SOCO; that he came to know later that the specimen yielded positive result to Methylamphetamine Hydrochloride also known as Shabu; that he executed two (2) Sworn Statements, the Affidavit of Poseur-Buyer and the Joint Affidavit of Apprehension; that they did not coordinate with the Barangay Officials in the place of arrest because nobody want to witness the apprehension; that before proceeding to the reported area, they did not prepare any document, did not coordinate with the PDEA, and did not bring any writing instrument because they went to the said area just to verify the veracity of the information received; and that the photographs of the items recovered from the accused taken by their Investigator were in the custody of the latter.
The testimony of SPO2 ANTONIO MARCOS was dispensed with after the public prosecutor and the defense counsel stipulated that on July 1, 2008, he was the designated Investigator at the Police Station 2, MPD, Moriones, Tondo; that he prepared the following documents: the Affidavit of Attestation (Exhibit H), the Joint Affidavit of Apprehension (Exhibit A), the Booking Sheet and Arrest Report (Exhibit B), the Referral-Letter for Inquest (Exhibit C), the Request for Laboratory Examination (Exhibit D), the Spot Report (Exhibit I), and the Inventory of the Seized Item (Exhibit J); that he was not the one who marked the confiscated evidence; that he delivered the specimen to the Crime Laboratory Unit; and that he has no personal knowledge as to the source of the specimen subject matter of this case as well as to the circumstances surrounding the arrest of the accused.
In addition, the prosecution offered Exhibit "A" to "H", inclusive of markings.
Accused JANET PEROMINGAN, on the other hand, took the witness stand for her own defense. She testified that she is residing at Isla Puting Bato and she is only doing laundry for a living; that on July 1, 2008 at around 5:30 in the morning, while she and her son Emerjohn Peromingan were walking along Langkaan, Tondo, on their way to Divisoria market, two (2) male persons in civilian attire suddenly grabbed them, forced them to board on a sidecar, and brought them to the Police Station 2, Tondo; that her son Emerjohn was released at the police station while she was asked to stay; that at the police station, the male persons whom she found out to be police officers asked her about the whereabouts of a certain Evelyn who according to them was big time; that when she could not point out to the police officers the whereabouts of Evelyn, the Investigator and their superior asked from her P150,000.00 for bail and in exchange for her freedom; that when she tailed to give the money demanded of her, the police officers placed her inside the detention cell; that they informed her that she was charged for Violation of Section 5 when she was brought for inquest; that although she told the policemen that she was only a laundry woman, the police officers demanded P150,000.00 from her; that prior to her arrest, she did not know the arresting police officers; that she could not think of any reason why they would fabricate charges against her.
The defense offered no documentary evidence.[3]
WHEREFORE, in view of the foregoing, judgment is hereby rendered finding accused JANET PEROMINGAN y GEROCHE GUILTY beyond reasonable doubt of the crime of Violation of Sec. 5, Republic Act 9165, and is hereby sentenced to suffer Life Imprisonment and to pay fine in the amount of P500,000.00.
Costs against the accused.
SO ORDERED.[4]
WHEREFORE, the Decision of the Regional Trial Court of Manila, Branch 53, dated 1 March 2012, in Criminal Case No. 08-262348, finding Janet Peromingan y Geroche guilty of sale of zero point zero fifty seven (0.057) gram of methylamphetamine hydrochloride or shabu, in violation of Section 5, Article II of Republic Act No. 9165, and sentencing her to life imprisonment with a fine of Five Hundred Thousand Pesos (P500,000.00), is AFFIRMED.
SO ORDERED.[6]
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 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 persons 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 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, finally, That noncompliance of 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 and custody over said items. (Emphasis supplied )
x x x x
(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)
x x x x
Q: -By the way, earlier according to you, you purchased the one (1) small plastic sachet form the accused. If you will see again that plastic sachet will you be able to recognize it? A: -Yes sir. Q: -How will you be able to identify it? A: -We put marking of SAID sir. Q: -And who put that marking? A: -I myself sir. Q: -Where were you when you put that marking? A: -At the office sir. Q: -Why is it that you only put that marking inside your office and not at the place where you arrested the accused? A: -Because at that time of apprehension we have no writing instrument because at that time we were just there to verify the veracity of the information sir. x x x x Q: -After you informed the accused of her constitutional rights, what happened next? A: -We brought her to our officer sir. Q: -Did you coordinate with the barangay officials of that place? A: -No sir. Q: -Why is it that you did not coordinate with the barangay officials of that place? A: -There is no barangay official willing to witness the apprehension sir. Q: -And did you not call any barangay official? A: -Only barangay tanod sir. Q: -Do you still recall the name of that barangay tanod? A: -I cannot remember sir. Q: -You said that after you arrested the accused, you returned to the police station. Where did you keep the plastic sachet that you recovered from the accused when you returned to the police station? A: -In my pocket sir. Q: -And what happened when you arrived at the police station? A: -I immediately marked the specimen, I put SAID and I turned over to the investigator and the investigator prepared the request for laboratory examination to SOCO sir. Q: -And who delivered the said specimen to the crime laboratory unit? A: -Also the investigator sir, SPO1 Antonio Marcos sir. x x x x Q: -By the way, was there any photograph taken from the items that you recovered from the accused Mr. Witness? A: -I think there was a photograph taken by the investigator sir. Q: -Do you know where is that photograph right now, if you know? A: -I think it was in the custody of the investigator sir. x x x x Q: -Before you conducted the verification, did you coordinate with the PDEA? A: -No sir. Q: -Why is it that you did not coordinate with the PDEA?A: -We were only just there to verify the information sir.[13]
SPECIFIC PROVISIONS OF RA 9165 VIOLATED: Vagrancy and Sec. 11[15]