846 Phil. 82
DEL CASTILLO, J.:
That on or about the 31st day of July 2012, in the City of Parañaque, Philippines and within the jurisdiction of this Honorable Court, the above named accused, conspiring, confederating together and mutually helping and aiding one another, not being lawfully authorized by law, did then and there willfully, unlawfully and feloniously sell, trade, administer, dispense, deliver, give away to another, distribute, dispatch in transit or transport One (1) brown corroborated [sic] box wrapped with packaging tape with markings Exh A CCD 7/31/2012 to poseur-buyer IO1 Cesar C. Dealagdon Jr., containing the following, to wit:The CA summarized the material points of the testimony of the prosecution's principal witness Intelligence Officer 1 Cesar Dealagdon (IO1 Dealagdon) of the Philippine Drug Enforcement Agency Regional Office, National Capital Region (PDEA-NCR) as follows:
A-1 to A 40-Forty (40) white boxes labeled Nalbin Injection 10 mg with marking[s] Exh A-1 CCD 7/31/12 to A-40 CCD 7/31/2012, each containing ten (10) transparent ampoules of colorless liquid with a net volume of 1.0 ml per ampoule, with the total net volume of 400 ml.
A-41-one (1) yellow plastic bag with marking Exh B CCD 7/31/2012 containing thirty (30) bundles of blister packs containing three thousand (3000) [sic] pieces of round blue tablets with a total net weigh of 390 grams.
A-42-0ne (1) yellow plastic bag with marking Exh C CCD 7/31/12 thirty one (31) bundles of blister packs containing three thousand four (3400) pieces of round blue tablet with a total net weight of 442 grams.
A-43 to A-122 Eighty (80) transparent plastic packs with markings Exh D CCD 7/31/12 to Exh D-79 CCD 7/31/12, respectively, each containing five (5) transparent ampoules of colorless liquid with a net volume of 5 ml per ampoule, with a total net volume of 2000 ml and when tested were found to be positive for nalbup[h]ine, Diazepam and Midazolam, all dangerous drug, under RA 9165.
Contrary to law[.][3]
x x x At around 8 o'clock in the morning of 31 July 2012, a Confidential Informant (CI) went to the PDEA-NCR and informed team leader IO2 Leverette Lopez (Lopez) that a certain MARYLOU was selling illegal drugs in Brgy. BF Homes, Parañaque City. Lopez told Dealagdon to handle the transaction.Ruling of the Regional Trial Court
Dealagdon asked the CI to call MARYLOU. The CI x x x called MARYLOU [then] handed the phone to Dealagdon x x x. MARYLOU assured Dealagdon that she could sell illegal drugs or medicine [worth] P1,100,000.00. Thereafter, they agreed to meet at Jeek's Restobar, Elsie Gaches corner Kalaw St., Brgy. BF Homes, Parañaque City.
x x x Lopez conducted a briefing where Dealagdon was designated as the poseur-buyer and IO2 Aldwin Pagaragan (Pagaragan) as the arresting officer. They agreed that the pre-arranged signal to inform the team that the buy-bust operation had been consummated would be the raising of Dealagdon's right hand. The evidence custodian provided Dealagdon with two pieces of One Thousand Peso bills where the latter placed his initials 'CCD' on the upper right portion thereof. Subsequently, Dealagdon placed it on the top and bottom of the boodle money.
At around 1:30 x x x in the afternoon of even date, the team x x x proceeded to the subject location. x x x. At 7:00 o'clock in the evening, Dealagdon asked the CI to call MARYLOU to inform her that they were already at Jeek's Restobar. At approximately 7:30 x x x in the evening, MARYLOU x x x called the CI to tell him that she was already in the area. She then invited the CI and Dealagdon [to join her inside her car]. While inside the [vehicle], the CI introduced Dealagdon to MARYLOU who they later learned was Marylou Gumban y Caranay. MARYLOU, in turn, introduced to them the driver, Joel.
Posthaste, MARYLOU asked for the agreed amount. Dealagdon replied that he wanted to see the items first. Joel then told him, 'Andun sa likod puntahan mo lang.' MARYLOU and Dealagdon alighted from the vehicle and went to the compartment. Upon opening it, Dealagdon saw one brown box which MARYLOU opened by removing its scotch tape. When he saw that it contained different tablets, he then gave MARYLOU the money, saying, 'Pakibilang mo na lang.' In a jiff, he raised his right hand. The team rushed to their location upon seeing the pre-arranged signal. Dealagdon arrested MARYLOU and recovered from her the buy-bust money while Pagaragan effectuated the arrest of JoeL Since the crowd was beginning to grow in number, Lopez instructed the team to proceed to the nearest police station to undertake the markings, listing and taking of photographs of the subject pieces of evidence.
At the police station, Dealagdon prepared the inventory and marked the pieces of evidence. Pictures were taken during the inventory. These proceedings were witnessed by two Brgy. Kagawads, namely, John Carlo Marquez and Alfredo Lazatin as well as JL Asayo, a media representative from TV 5.
After the inventory and marking of the subject pieces of evidence, Dealagdon closed the box and sealed it with a scotch tape. He brought it to the PDEA office for laboratory examination and upon arriving thereat, Dealagdon immediately turned over the box containing the suspected dangerous drugs to the Laboratory Service together with the request for laboratory examination. The specimens were received by Chemist Jerome Garcia who conducted an examination divulging the following results:'FINDINGS:When it was the turn of Joel and MARYLOU to prove their innocence, they both waived their right to present evidence.[4]
Qualitative examination conducted on the above-stated specimens gave the following results:
Specimens A-1 to A-40 gave POSITIVE results for the presence of Nalbuphine.
Specimens A-41 and A-42 gave POSITIVE results for the presence of Diazepam.
Specimens A-43 to A-122 gave positive result for the presence of Midazolam.x x x x x x
CONCLUSION:
Specimens A-1 to A-40 contain Nalbuphine, a dangerous drug. Specimens A-41 and A-42 contain Diazepam, a dangerous drug under RA 9165.
Specimens A-43 to A-122 contain Midazolam a dangerous drug under R.A. 9165.'
WHEREFORE, premises considered the Court renders judgment as follows:Appellant appealed to the CA.
1. Accused MARYLOU CARANAY GUMBAN in Criminal Case No. 12-0901 is found GUILTY beyond reasonable doubt for violation of Section 5, Article II of RA 9165 and is hereby sentenced to suffer the penalty of life imprisonment and to pay a fine of Php1,000,000.00.
2. Accused JOEL CHENG NG in the same case is hereby ACQUITTED on ground of reasonable doubt.
It appearing that accused MARYLOU CARANAY GUMBAN is detained at the Parañaque City Jail and considering the penalty imposed, the OIC-Branch Clerk of Court is hereby directed to prepare the Mittimus for her immediate transfer from the Parañaque City Jail to the Women's Correctional Institute, Mandaluyong City.
x x x x
Considering that the bulk of the specimens have already been turned over to the PDEA for disposal, the remaining representative samples of the specimens subject of this case marked as Exhibit 'B' which is ten (10) ampoules of Nalbuphine in the total weight of 26.3 grams, Exhibit 'B-1' which is one hundred (100) blue Diazepam tablets, Exhibit 'B-2' which is one hundred (100) round blue Diazepam tablets and Exhibit 'B-3' which is five (5) ampoules of Midazolam in the total weight of forty-two (42) grams, are forfeited in favor of the government and the OIC-Branch Clerk of Court is likewise directed to turn over the same with dispatch to the Philippine Drug Enforcement Agency (PDEA) for proper disposal pursuant to Section 21[, Article II] of RA 9165 and Supreme Court OCA Circular No. 51-2003.
SO ORDERED.[5]
WHEREFORE, the Appeal is hereby DENIED. The Decision dated 3 December 2013 of the Regional Trial Court of Parañaque City, Branch 259, in Crim[.] Case No. 12-0901, is AFFIRMED.Hence this appeal.
SO ORDERED.[6]
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 addition, Section 21(a), Article II of the Implementing Rules and Regulations of RA 9165 reads:
(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:
x x x x
x x x xGoing over the records, the Court notes that the apprehending officers did not faithfully observe the foregoing mandatory requirements. While admittedly there was marking, inventory and photographing of the seized items, all these were done only in the presence of the elected public officials and media representative. No representative from the Department of Justice (DOJ) appeared as witness thereto as required by law.[7] In addition, the witnesses present during the inventory were not given copies thereof,[8] another mandatory procedural safeguard outlined by the law.
(1) 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 noncompliance 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;
x x x x
As a method of authenticating evidence, the chain of custody rule requires that the admission of an exhibit be preceded by evidence sufficient to support a finding that the matter in question is what the proponent claims it to be. It would include testimony about every link in the chain, from the moment the item was picked up to the time it is offered into evidence, in such a way that every person who touched the exhibit would describe how and from whom it was received, where it was and what happened to it while in the witness' possession, the condition in which it was received and the condition in which it was delivered to the next link in the chain. These witnesses would then describe the precautions taken to ensure that there had been no change in the condition of the item and no opportunity for someone not in the chain to have possession of the same."The rule on chain of custody expressly demands the identification of the persons who handle the confiscated items for the purpose of duly monitoring the authorized movements of the illegal drugs and/or drug paraphernalia from the time they are seized from the accused until the time they are presented in court."[16]
x x x x