834 Phil. 72
DEL CASTILLO, J.:
[Criminal Case No. 12-01]Accused-appellant pleaded "Not Guilty"[9] to these charges against him.
That on or about January 5, 2012 at around 3:45 P.M. at Camiling, Tarlac, Philippines and within the jurisdiction of this Honorable Court, accused, did then and there willfully, unlawfully and feloniously sell one (1) heat-sealed transparent plastic sache[t] containing Methamphetamine Hydrochloride commonly known as 'shabu'[,] a dangerous drug without being authorized by law, weighing 0.051 gram more or less to poseur-buyer PO1 Jojie S. Navero.
CONTRARY TO LAW.[6]
[Criminal Case No. 12-60]
That on or about January 5, 2012 at around 3:45 P.M. at Camiling, Tarlac, Philippines and within the jurisdiction of this Honorable Court, accused, did then and there willfully, unlawfully and feloniously, have in possession and control drug paraphernali[a] fit or intended for consuming dangerous drugs such as one (1) disposable lighter, one (1) stainless lighter and one (1) roll of aluminum foil without being authorized by law.
CONTRARYTO LAW.[7]
[Criminal Case No. 12-61]
That on or about January 5, 2012 at around 3:45 P.M. at Camiling, Tarlac, Philippines and within the jurisdiction of this Honorable Court, accused, did then and there willfully, unlawfully and criminally without being authorized by law, use methamphetamine Hydrochloride, known as shabu[,] a dangerous drug and was found positive for use of said drug after confirmatory test.
CONTRARYTO LAW.[8]
WHEREFORE, accused Francis Tabor y Aquino is found guilty beyond reasonable doubt for violation of Sections 5, 12 and 15, Article 11 of RA 9165 (illegal sale of shabu, illegal possession of drug paraphernalia and illegal use of prohibited drug, respectively) and hereby sentences him as follows:Ruling of the Court of Appeals
1). in Criminal Case No. 12-01 for illegal sale of prohibited drugs - the penalty of life imprisonment and a fine of Php500,000.00;
2). in Criminal Case No. 12-60 for illegal possession of drug paraphernalia - the penalty of six (6) months and one (1) day to four (4) years and a Fine of Php10,000.00.
3). in Criminal Case No. 12-61 for illegal use of prohibited drug - the penalty of six (6) months drug rehabilitation in a government drug rehabilitation center.
x x x x
SO ORDERED.[31]
x x x PO2 Navero convincingly testified that the plastic sachet of shabu subject of the sale was brought to, and duly identified in the trial court. He positively identified appellant as the one who sold to him one plastic sachet of shabu and to whom he gave the boodle money during the entrapment operations. x x x He further identified the markings x x x found on the said object to be the initials of appellant and Librado Calma which he placed thereon at the time the appellant was caught and brought to the barangay hall. These clear and positive testimonies of PO2 Navero, corroborated by PO3 Esteban, are sufficient proof that an illegal transaction or sale of shabu took place.[32]The CA also decreed that the lack of communication between PO2 Navero and accused-appellant during the sale transaction was of no moment because prior to the buy-bust, there was already a pre-arranged sale of shabu between accused appellant and the informant. As such, the kaliwaan between him and PO2 Navero was facilitated by the presence of the informant, who was familiar to accused-appellant.
x x x The testimonies of [P]O2 Navero, SPO3 Esteban and PSI Angel [(]Forensic Chemist) clearly reveal that [P]O2 Navero had temporary custody of the seized illegal drug with marking 'FT/LT' the moment it was seized from appellant, whilst in transit to the x x x Barangay Hall of Palimbo Caarosipan, Camiling, Tarlac, up to the Philippine National Police (PNP) Crime Laboratory for examination. Their combined testimonies likewise pointed to PSI Angel as the one who personally received the illegal drug. PSI Angel in turn categorically testified that he received the illegal drug and after examination thereof, which yielded positive result for the presence of methamphetamine hydrochloride, he placed and sealed it in a brown envelope by using a masking tape containing the specimen D-003-12 ASA. PSI Angel likewise testified that he sealed the envelope, he turned it to their custodian for safekeeping and when he withdrew and retrieve[d] the envelope for presentation to the trial court, the condition of the envelope was the same and the content thereof which consisted [of] the subject plastic sachet of shabu was still inside.[35]Stated in another way, right after its confiscation and in the vicinity of the barangay hall, PO2 Navero immediately marked the seized drug with "FT/LC" the initials of accused-appellant and of the police's Team Leader; and made an inventory of the confiscated items in the presence of accused-appellant, the police officers, and Barangay Captain de Mayo. Subsequently, the Forensic Chemist personally received the suspected shabu at the crime laboratory for examination; and later, he testified in court as to the receipt of the specimen, which was found positive of shabu, and confirmed that it was the same one presented in court. It cannot thus be denied that the required chain of custody of the seized drug was followed. Without doubt, its evidentiary value was preserved from its confiscation until its presentation in court.[36]
x x x several pieces of transparent plastic for repacking, scissor, 1 disposable lighter, 1 stainless lighter, 1 roll of aluminum foil, 2 sticks for repacking, 1 blue cutter x x x[42]In contrast, the Information (for illegal possession of drug paraphernalia) enumerated the following drug paraphernalia allegedly seized from accused-appellant:
x x x one (1) disposable lighter, one (1) stainless lighter and one (1) roll of aluminum foil x x x.[43]Moreover, PO2 Navero mentioned only two aluminum foils, plastic sachet and lighter as drug paraphernalia confiscated from accused-appellant. Thus:
Verily, these inconsistencies cast doubt into the identity and integrity of the drug paraphernalia supposedly seized from the accused-appellant. On top of this, the prosecution failed to prove that the buy-bust team complied with the chain of custody requirement anent the subject drug paraphernalia.
Q: Mr. Jojie Navero, what [were] the drug paraphernalia that you confiscated from the accused? A: Aluminum foil and plastic sachet. Q: What else? A: Lighter, sir. Q: Why [did] you consider these items as drug paraphernalia at once? A: Sir, kasi yun yung ginagamit nila sa pagdadrugs. x x x x Q: So you presumed that it was drug paraphernalia because you were [taught] in your seminars in drug cases that aluminum foil, scissors, lighters are drug paraphernalia. You are now through.[44]
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:In this case, PO2 Navero narrated in detail the marking of the seized illegal drug from accused-appellant. However, he did not at all testify that he marked the paraphernalia confiscated from accused-appellant; his only assertion was that he itemized the objects they found from accused-appellant's bag.[47] At the same time, there was no indication that PO2 Navero properly turned over the alleged paraphernalia to the crime laboratory, as the request for laboratory examination pertained only to the seized drug from accused-appellant.[48]
(1) The apprehending team having initial custody and control of the dangerous drugs, x x x 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.
(2) Within twenty-four (24) hours upon confiscation/seizure of dangerous drugs, x x x as well as instruments/paraphernalia x x x the same shall be submitted to the PDEA Forensic Laboratory for a qualitative and quantitative examination;
(3) A certification of the forensic laboratory examination results x x x shall be issued immediately upon the receipt of the subject item/s: Provided, That when the volume of dangerous drugs, plant sources of dangerous drugs, and controlled precursors and essential chemicals does not allow the completion of testing within the time frame, a partial laboratory examination report shall be provisionally issued stating therein the quantities of dangerous drugs still to be examined by the forensic laboratory: Provided, however, That a final certification shall be issued immediately upon completion of the said examination and certification.[46]