816 Phil. 940
VELASCO JR., J.:
x x x x PO3 Christian Carvajal was assigned at [the] Dagupan City Police Station when, on 26 February 2011, he was tasked to act as poseur buyer in the buy bust operation against Jocelyn Carlit in the squatters area in Mayombo District of the city. Their office received information that Carlit is engaged in illegal activities, hence, the buy bust operation. During their preparation, they recorded the buy bust money to be used in the police blotter. The police officer did not know whether there was coordination with the [Philippine Drug Enforcement Agency].An information was therefore filed against Carlit, charging her with the illegal sale of dangerous drugs, specifically, methamphetamine hydrochloride or shabu. The accusatory portion of the information reads:
It was around 2:00 o'clock in the afternoon when he, with a civilian asset, went to conduct the buy bust at Highlander, Mayombo District, Dagupan City. They approached the Accused [herein accused-appellant] and personally bought shabu from her, handing the buy bust money consisting of five (5) 100-peso bills, while the Accused handed a sachet of shabu. After he got hold of the shabu, the police officer introduced himself as a police officer and arrested the Accused. The shabu was marked in the police station with the officer's initials and also recovered the buy bust money from the Accused. The officer declared that he did not know the Accused prior to the buy bust and confirmed the identity only through the asset. The officer said that the Accused and his supervising officer were both present when he prepared the confiscation receipt which was signed by a DOJ representative although there was no media. At the police station, the police blotter, request for laboratory examination and coordination with the PDEA as well as his affidavit were prepared. The police officer also narrated that he was the only one in sole possession of the specimen from its seizure up to the station where it was only shown to the investigator and thereafter brought by him to the crime laboratory, where it was received by PSI Myrna Malojo.
The specimen weighing 0.07 gram tested positive as methamphetamine hydrochloride according to PSI Myrna Malojo Todeño who received the same and who conducted the examination. She placed her findings in an Initial Laboratory Report and then the Final Chemistry Report No. D-023-11L. The officer identified the plastic sachet containing the specimen with her marking the same with "D-023-11L." The specimen was then handed to the evidence custodian PO2 Manuel.[2] (words in brackets added)
That on or about the 26th day of February 2011, in the City of Dagupan, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, JOCELYN CARLIT y GAWAT, did then and there, willfully, unlawfully and criminally, sell and deliver to a customer Methamphetamine Hydrochloride contained in one (1) heat sealed plastic sachet, weighing more or less 0.07 grams in exchange for P500.00 without authority to do so.The case was docketed as Criminal Case No. 2011-0115-D entitled People of the Philippines vs. Jocelyn Carlit and raffled to the Regional Trial Court, Branch 42 in Dagupan City (RTC).
Contrary to Article II, Section 5, R.A. 9165.[3]
WHEREFORE, premises considered, the court hereby finds the accused GUILTY of the crime of Violation of Section 5 o[f] Art. II of RA 9165, beyond reasonable doubt, and is hereby sentenced to suffer the penalty of life imprisonment and to pay a fine of Five Hundred Thousand (P500,000.00) Pesos.Subsequently, the case was elevated to the CA.
Let the shabu subject matter of this case be disposed of in the manner provided by law.
SO ORDERED.[6]
WHEREFORE, the Appeal is hereby DENIED for lack of merit. The assailed Decision dated 20 September 2013 of the Regional Trial Court, Branch 42, Dagupan City, is AFFIRMED in toto.The accused appealed this decision to this Court via Notice of Appeal dated September 21, 2015.
SO ORDERED.[7]
Section 5. Sale, Trading, Administration, Dispensation, Delivery, Distribution and Transportation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals. - The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any person, who, unless authorized by law, shall sell, trade, administer, dispense, deliver, give away to another, distribute, dispatch in transit or transport any dangerous drug, including any and all species of opium poppy regardless of the, quantity and purity involved, or shall act as a broker in any of such transactions.In a catena of cases, this Court laid down the essential elements to be duly established for a successful prosecution of offenses involving the illegal sale of dangerous drugs, viz: (1) the identity of the buyer and the seller, the object of the sale, and the consideration; and (2) the delivery of the thing sold and payment therefor. Briefly, the delivery of the illicit drug to the poseur-buyer and the receipt of the marked money by the seller successfully consummate the buy-bust transaction. What is material, therefore, is the proof that the transaction or sale transpired, coupled with the presentation in court of the corpus delicti.[8]
"The integrity and evidentiary value of seized items are properly preserved for as long as the chain of custody of the same are duly established." "'Chain of Custody' means the duly recorded authorized movements and custody of seized drugs or controlled chemicals or plant sources of dangerous drugs or laboratory equipment of each stage, from the time of seizure/confiscation to receipt in the forensic laboratory to safekeeping to presentation in court. Such record of movements and custody of seized item shall include the identity and signature of the person who had temporary custody of the seized item, the date and time when such transfer of custody was made in the course of safekeeping and use in court as evidence, and the final disposition."The aforecited doctrine was likewise served as basis for the CA in sustaining Carlit's conviction. Ironically, however, Our teaching in Salvador was grossly misapplied in this case.
There are links that must be established in the chain of custody in a buy-bust situation, namely: "first, the seizure and marking, if practicable, of the illegal drug recovered from the accused by the apprehending officer; second, the turnover of the illegal drug seized by the apprehending officer to the investigating officer; third, the turnover by the investigating officer of the illegal drug to the forensic chemist for laboratory examination; and, fourth, the turnover and submission of the marked illegal drug seized from the forensic chemist to the court."[10] (emphasis added)
x x x x A conviction cannot be sustained if there is a persistent doubt on the identity of the drug. The identity of the prohibited drug must be established with moral certainty. Apart from showing that the elements of possession or sale are present, the fact that the substance illegally possessed and sold in the first place is the same substance offered in court as exhibit must likewise be established with the same degree of certitude as that needed to sustain a guilty verdict.[11]Moreover, the arresting officers failed to observe the procedural guidelines laid down in Paragraph 1, Section 21 of R.A. 9165, as amended by R.A. 10640,[12] which provides:
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:While there have been cases where the Court convicted an accused despite non-compliance with Section 21 of RA 9165, these instances of non-compliance must be for justifiable grounds. Thus, the Court explained in People v. Bartolini that:(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 person/s 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)
There have been cases when the Court relaxed the application of Section 21 and held that the subsequent marking at the police station is valid. However, this non-compliance is not fatal only when there are (1) justifiable grounds and (2) the integrity and evidentiary value of the seized items are properly preserved. And while the amendment of RA 9165 by RA 10640 now allows the conduct of physical inventory in the nearest police station, the principal concern remains to be the preservation of the integrity and evidentiary value of the seized items. In this case, however, the prosecution offered no explanation at all for the noncompliance with Section 21, more particularly that relating to the immediate marking of the seized items. This non-explanation creates doubt on whether the buy-bust team was able to preserve the integrity and evidentiary value of the items seized from Bartolini.[13] (Emphasis supplied)Similarly, the Court ruled in People v. Cayas that:
While recent jurisprudence has subscribed to the provision in the Implementing Rules and Regulations (IRR) of R.A. 9165 providing that noncompliance with the prescribed procedure is not fatal to the prosecution's case, we find it proper to define and set the parameters on when strict compliance can be excused.In the case at bar, PO3 Carvajal testified that he marked the alleged shabu at the police station, instead of doing so immediately at the place where the arrest was effected as required by law. Moreover, the arresting officers failed to strictly observe Section 21 of R.A. 9165 that requires that "an elected public official and a representative of the National Prosecution Service or the media" be present during the inventory, and be given a copy of the report of the seized items. Such failure of the police officers to secure the presence of a representative from the media or a barangay official raises serious doubts on whether the chain of custody was actually unbroken.
As a rule, strict compliance with the prescribed procedure is required because of the illegal drug's unique characteristic that renders it indistinct, not readily identifiable, and easily open to tampering, alteration, or substitution either by accident or otherwise.
The exception found in the IRR of R.A. 9165 comes into play when strict compliance with the proscribed procedures is not observed. This saving clause, however, applies only (1) where the prosecution recognized the procedural lapses, and thereafter explained the cited justifiable grounds, and (2) when the prosecution established that the integrity and evidentiary value of the evidence seized had been preserved. The prosecution, thus, loses the benefit of invoking the presumption of regularity and bears the burden of proving - with moral certainty that the illegal drug presented in court is the same drug that was confiscated from the accused during his arrest.[14] (Emphasis supplied)
The failure to immediately mark the seized items, taken together with the absence of a representative from the media to witness the inventory, without any justifiable explanation, casts doubt on whether the chain of custody is truly unbroken. Serious uncertainty is created on the identity of the corpus delicti in view of the broken linkages in the chain of custody. The prosecution has the burden of proving each link in the chain of custody from the initial contact between buyer and seller, the offer to purchase the drug, the payment of the buy-bust money, and the delivery of the illegal drug. The prosecution must prove with certainty each link in this chain of custody and each link must be the subject of strict scrutiny by the courts to ensure that law-abiding citizens are not unlawfully induced to commit an offense.[15] (Emphasis supplied)Plainly, there was a failure of the prosecution to prove that the chain of custody was unbroken due to (1) its failure to offer the testimony of the evidence custodian, and (2) non-compliance with Paragraph 1, Section 21 of RA 9165, as amended, without justifiable reason. As such, the guilt of the accused-appellant was not proven beyond reasonable doubt, warranting her acquittal of the crime charged.
| Very truly yours, |
(SGD) | |
WILFREDO V. LAPITAN | |
Division Clerk of Court |
"WHEREFORE, the instant appeal is GRANTED. The Decision dated August 20, 2015 of the Court of Appeals in CA-G.R. CR-HC No. 06510 is hereby REVERSED and SET ASIDE.NOW, THEREFORE, You are hereby ordered to immediately release JOCELYN CARLIT y GAWAT unless there are other causes for which she should be further detained, and to return this Order with the certificate of your proceedings within five (5) days from notice hereof.
Accordingly, accused-appellant Jocelyn Carlit y Gawat is ACQUITTED on reasonable doubt. The Director of the Bureau of Corrections is directed to cause the immediate release of accused-appellant, unless the latter is being lawfully held for another cause, and to inform the Court of the date of her release or reason for her continued confinement within five (5) days from notice.
SO ORDERED."
| Very truly yours, |
(SGD) | |
WILFREDO V. LAPITAN | |
Division Clerk of Court |