673 Phil. 74
VELASCO JR., J.:
That on or about the 19th day of January 2005, in the City of Mandaluyong, Philippines, a place within the jurisdiction of this Honorable Court, the above-named accused, not having been lawfully authorized to possess any dangerous drug, did, then and there willfully, unlawfully and feloniously and knowingly have in her possession, custody and control one (1) heat-sealed transparent plastic containing 0.05 gram of white crystalline substance, which was found positive to the test for Methamphetamine Hydrochloride, commonly known as "shabu," a dangerous drug, without the corresponding license and prescription, in violation of the above-cited law.
CONTRARY TO LAW.[5]
The prosecution tends to establish the following:
Around 8:00 p.m. of January 19, 2005, an informant went to the office of the Station Anti-Illegal Drugs Special Operation Task Force (SAID-SOTF) in Mandaluyong City to report the illegal drug trade of accused-appellant alias "Joy" and Aldrin alias "Amok" in Barangay Bagong Silang. Based on that report, PO3 Victor Santos formed a team to conduct a buy-bust operation. The team was composed of PO2 Jorge Gorgonia who was assigned as team leader, and PO1 Sadjid Angara (PO1 Angara), PO1 Antonio Madlangbayan (PO1 Madlangbayan), PO1 Rommel Alfaro, PO1 Oscar Escudero and PO1 Pedro Sangada, as back-up. PO1 Angara was designated as poseur-buyer. The removal of PO1 Angara's cap was the pre-arranged signal to signify the consummation of the transaction.
Thereafter, the buy-bust team proceeded to the target area with the informant. They parked their mobile car along Daang Bakal Street and proceeded to strategical locations. PO1 Angara and the informant headed to J. Luna Street where accused-appellant was allegedly selling "shabu." The informant spotted accused-appellant and together with PO1 Angara, they approached her. He introduced PO1 Angara as buyer of "shabu." PO1 Angara wanted to buy three hundred pesos (P300) worth of "shabu." The accused-appellant only had two hundred pesos (P200) worth in her possession but she assured PO1 Angara that more supplies were coming. After a few minutes, Aldrin arrived in the scene and showed them two (2) plastic sachets containing three hundred pesos (P300) worth of "shabu." All of a sudden, Aldrin decided to back out then whispered to accused appellant that there was something bulging on the waist of poseur-buyer. PO1 Angara sensed that his disguise was discovered and he immediately performed the pre-arranged signal by removing his cap. PO1 Madlangbayan immediately advanced to arrest accused appellant and Aldrin.
PO1 Madlangbayan frisked accused-appellant and recovered one (1) plastic sachet from her. PO1 Angara frisked Aldrin and recovered two (2) plastic sachets from him. The officers informed the accused-appellant and Aldrin of their constitutional rights. Thereafter, PO1 Madlangbayan separately wrapped the recovered plastic sachets with newspapers and labeled them "Joy" and "Ako," respectively. The police officers brought the accused-appellant and Aldrin to the Mandaluyong Medical Center for examination. After which, they were turned over to the police station.
The defense presented the following version:
In the evening of January 19, 2005, accused-appellant and her cousin, Aldrin were in her house located at 466 Juan Luna St., Mandaluyong City. Her nephew and niece were also with them at that time. They were preparing for dinner when a number of armed policemen in civilian clothes forcibly entered their house and searched it. Accused-appellant and Aldrin were accused of selling illegal drugs. Both of them were then brought to their headquarters for questioning. They were asked the whereabouts of a certain "Toto" but they could not give any information because they do not know him. As a result, they were detained and then charged for illegal possession of drugs. However, they only saw the said drugs at the Drug Enforcement Unit (DEU) office. Both vehemently denied the allegations against them.[6]
WHEREFORE, judgment is rendered as follows:
a) In Criminal Case No. MC-05-8917-D accused ROSANA ASIATICO y STA. MARIA is hereby found guilty beyond reasonable doubt of unlawfully possessing 0.05 grams of shabu in violation of Section 11, Article II of R.A. 9165, and is hereby sentenced to suffer the penalty of imprisonment of TWELVE (12) YEARS and ONE (1) DAY and to pay a fine of THREE HUNDRED THOUSAND (P300,000.00) PESOS.
b) In Criminal Case No. MC-05-8918-D accused ALDRIN ESTRELLA y STA. MARIA is hereby found guilty beyond reasonable doubt of unlawfully possessing two (2) heat-sealed transparent plastic sachets each containing 0.05 grams of shabu in violation of Section 11, Article II of R.A. 9165, and is hereby sentenced to suffer the penalty of imprisonment of TWELVE (12) YEARS and ONE (1) DAY and to pay a fine of THREE HUNDRED THOUSAND (P300,000.00) PESOS.
Further, let the physical evidence subject matter of this case be confiscated and forfeited in favor of the Government and the same be turned over to PDEA for proper disposition.
SO ORDERED.[8]
WHEREFORE, premises considered, the March 12, 2007 Decision of the Regional Trial Court (RTC), Branch 214 of Mandaluyong City, convicting accused-appellant Rosana Asiatico y Sta. Maria guilty beyond reasonable doubt of violation of Section 11, Article II of R.A. No. 9165 and sentencing her to an imprisonment of twelve (12) years and one (1) day and ordering her to pay a fine of P300,000.00 in Criminal Case No. MC-05-8917-D, is hereby AFFIRMED.
SO ORDERED.[12]
I
WHETHER THE [CA] GRAVELY ERRED IN AFFIRMING PETITIONER'S CONVICTION DESPITE THE PROSECUTION'S FAILURE TO OVERTHROW THE CONSTITUTIONAL PRESUMPTION OF INNOCENCE IN FAVOR OF THE PETITIONER.II
WHETHER THE [CA] GRAVELY ERRED IN AFFIRMING PETITIONER'S CONVICTION DESPITE THE PROSECUTION'S FAILURE TO ESTABLISH THE CHAIN OF CUSTODY OF THE ALLEGED CONFISCATED DRUG.[13]
x x x PO1 Angara and PO1 Madlangbayan testified on the seizure of the three (3) plastic sachets from the possession of the accused-appellant and Aldrin. PO1 Madlangbayan testified that the recovered pieces of evidence were separately wrapped and marked (TSN dated October 11, 2005, p. 12).
Upon reaching their station in Mandaluyong City, PO1 Angara and PO1 Madlangbayan turned over the specimen to the investigator on duty who instructed them to mark the plastic sachets (TSN of PO1 Madlangbayan dated October 11, 2005, p. 14). The marking "RSA" was placed on the plastic sachet recovered from [Rosana] while the two (2) plastic sachets seized from Aldrin were marked with "ASE-1" and "ASE-2". Thereafter, PO1 Angara delivered the seized pieces of evidence to the Philippine National Police (PNP) Crime Laboratory, Eastern Police District Crime Laboratory Office, St. Francis Street, Mandaluyong City (Records, p. 200) where the same were subjected to laboratory examination by forensic chemist Police Senior Inspector Isidro L. Carino (Records, p. 199). And finally, the subsequent turn over thereof to the trial prosecutor (Records, p. 198) and the transfer of the custody of the subject specimen to the court a quo when formally offered in evidence by the prosecution (Records, p. 188).[17] x x x