G.R. No. 192261 ; November 16, 2011
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. GARET SALCENA Y VICTORINO, Accused-Appellant.

FACTS

Accused-appellant Garet Salcena y Victorino, together with Arlene Morales Armas, was charged with illegal sale of 0.04 gram of Methylamphetamine hydrochloride (shabu) in violation of Section 5, Article II of R.A. No. 9165 . Upon arraignment, both pleaded not guilty. After pre-trial, trial ensued. The prosecution presented Barangay Security Development Officers (BSDOs) Ronnie Catubay (poseur-buyer) and Elmer Esguerra, and Forensic Chemist Filipinas Francisco Papa. The defense presented only Salcena.
The prosecution’s version, based on the testimonies of the barangay tanods, is that on May 19, 2005, an informant reported Salcena was selling illegal drugs. The tanods planned an entrapment. Catubay was given a marked ₱100 bill. At around 5:20 p.m., the team proceeded to Paco Street. Catubay and Esguerra approached Salcena and asked to buy shabu. Salcena handed a plastic sachet containing shabu to Catubay and received the marked money. Catubay immediately arrested her and recovered the marked money. Another woman, Armas, ran but was also arrested. The suspects were brought to the barangay hall and then to Camp Karingal. The forensic test on the specimen yielded positive for methamphetamine hydrochloride. The RTC granted Armas’s demurrer to evidence and dismissed the charge against her.
Salcena’s defense was denial and frame-up. She claimed that on the morning of May 19, 2005, she and Armas were on a tricycle when two barangay tanods stopped them and brought them to the barangay hall. After a female tanod frisked them and said “negative ito,” a male tanod said “kahit na negative yan, positive yan.” A plastic sachet was then taken from a table and planted as evidence against them.
The RTC convicted Salcena of illegal sale of shabu, sentencing her to life imprisonment and a ₱500,000 fine. The CA affirmed the conviction, finding the testimonies of the tanods credible and sufficient, upholding the presumption of regularity in the performance of official duty, and ruling that the procedure under Section 21 of R.A. No. 9165 was properly observed and the chain of custody of the shabu was preserved. Salcena appealed to the Supreme Court.

ISSUE

The core issues are: (1) whether there was a valid buy-bust operation, and (2) whether sufficient evidence exists to support Salcena’s conviction for violation of Section 5, Article II of R.A. No. 9165 . These subsume the assigned errors regarding the alleged violation of her constitutional right to counsel, the failure to prove guilt beyond reasonable doubt, and the alleged break in the chain of custody of the seized shabu.

RULING

The Supreme Court affirmed the conviction.
On the validity of the buy-bust operation and the elements of illegal sale: The Court found that the prosecution successfully established all elements of illegal sale of dangerous drugs: (1) the identity of the buyer and seller, the object, and the consideration; and (2) the delivery of the thing sold and the payment. The testimonies of Catubay and Esguerra clearly detailed the transaction where Salcena handed over the shabu in exchange for the marked money. Their testimonies were consistent and credible. The defense of denial and frame-up was rejected for being unsubstantiated and inherently weak, especially when weighed against the positive identification by the prosecution witnesses. The presumption of regularity in the performance of official duty by the barangay tanods stands in the absence of clear and convincing evidence to the contrary.
On the chain of custody: The Court ruled that the prosecution established an unbroken chain of custody. Catubay testified that he marked the seized plastic sachet with his initials “RDC” at the barangay hall immediately after the arrest. Esguerra corroborated this. The marked item was then turned over to the police investigator at Camp Karingal, who prepared the request for laboratory examination. Forensic Chemist Papa received the specimen, found it positive for shabu, and issued the corresponding report. This procedure preserved the integrity and evidentiary value of the seized drug. While the ideal procedure under Section 21 of R.A. No. 9165 (immediate physical inventory and photographing in the presence of specified witnesses) was not strictly followed, the Court held that non-compliance does not automatically render the seizure invalid or the item inadmissible, provided the integrity and evidentiary value of the seized items are properly preserved, as in this case.
On the right to counsel: The Court found that Salcena’s constitutional right to counsel was not violated. The record shows she was adequately represented and assisted by counsel at all stages of the trial proceedings.
Thus, the guilt of accused-appellant Garet Salcena y Victorino for the illegal sale of shabu was proven beyond reasonable doubt. The Decision of the Court of Appeals affirming the Regional Trial Court’s judgment convicting her and sentencing her to life imprisonment and a fine of ₱500,000.00 was upheld.