G.R. No. 242692 , July 13, 2020
People of the Philippines, Plaintiff-Appellee, vs. David James Pis-an y Diputado, Accused-Appellant.

FACTS

On February 16, 2015, based on a tip, police conducted a test-buy operation and recovered from accused-appellant David James Pis-an a sachet that tested positive for shabu. On February 18, 2015, a search warrant was issued for Pis-an’s residence. On February 25, 2015, a police team, along with a Barangay Kagawad, implemented the warrant. They seized 14 plastic sachets containing white crystalline substance and various drug paraphernalia. An inventory was conducted at the scene in the presence of Pis-an, the Barangay Kagawad, a media representative, and a DOJ representative. The seized items were marked and photographed. The items were then brought to the crime laboratory, where examination confirmed the 14 sachets contained a total of 9.38 grams of shabu, and Pis-an’s urine tested positive for methamphetamine. Pis-an was charged with illegal possession of dangerous drugs under Section 11, Article II of R.A. No. 9165 . He pleaded not guilty, claiming the police barged into his house without showing a warrant and that he was not allowed to witness the search. The Regional Trial Court convicted him, and the Court of Appeals affirmed the conviction.

ISSUE

Whether the guilt of the accused for illegal possession of dangerous drugs was proven beyond reasonable doubt.

RULING

Yes, the guilt of the accused was proven beyond reasonable doubt. The prosecution established all elements of illegal possession: (1) Pis-an was in possession of 14 sachets containing shabu; (2) such possession was not authorized by law, as admitted during pre-trial; and (3) the drugs were found in his house, constituting prima facie evidence of knowledge (animus possidendi). The police complied with the chain of custody rule under Section 21 of R.A. No. 9165 . The marking, inventory, and photography were conducted immediately after seizure at the place of seizure in the presence of the accused and the required witnesses (an elected public official, a media representative, and a DOJ representative). The integrity and evidentiary value of the seized drugs were preserved from seizure to laboratory examination to presentation in court. Pis-an’s claim that the warrant was not shown was belied by his signature on the inventory. The factual findings of the lower courts are binding. The penalty imposed by the RTC, affirmed by the CA, of twenty (20) years and one (1) day to life imprisonment and a fine of Four Hundred Thousand Pesos (P400,000.00) for possession of 9.38 grams of shabu is in accordance with law. The appeal was denied.