G.R. No. 194606 February 18, 2015
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. ALFREDO REYES y SANTOS, Accused-Appellant.

FACTS

An Information was filed charging Alfredo Reyes y Santos (appellant) with violation of Section 5, Article II of R.A. No. 9165 (Comprehensive Dangerous Drugs Act of 2002) for allegedly selling and delivering two plastic sachets of methamphetamine hydrochloride (shabu) with a total weight of 1.67 grams to a poseur-buyer on June 29, 2005, in San Fernando City, La Union. The prosecution’s version, based on the testimony of SPO1 Rene Acosta, the poseur-buyer, was that a buy-bust operation was set up after a confidential informant reported appellant’s drug activities. During the operation, appellant arrived, handed two sachets of shabu to SPO1 Acosta, and was subsequently arrested. SPO1 Acosta marked the seized items, which were later confirmed by laboratory examination to be shabu. The defense version, presented by appellant, was one of denial and frame-up. He claimed he was in San Fernando City for a business meeting, was forcibly taken by armed men, and was falsely accused of possessing shabu.

ISSUE

The primary issue is whether the accused-appellant is guilty beyond reasonable doubt of the crime charged. This involves the determination of whether all elements of illegal sale of dangerous drugs were proven, specifically the element of consideration or payment, and whether the integrity and evidentiary value of the seized drugs were preserved in accordance with Section 21 of R.A. 9165. Subsidiarily, the court considered whether the acts proven constitute a different punishable offense under the same law.

RULING

The Supreme Court modified the decision of the Court of Appeals. It held that the prosecution failed to prove all elements of illegal sale of dangerous drugs, as the testimony of SPO1 Acosta established that no payment was given or received for the shabu during the transaction. However, the Court found appellant guilty of the lesser but included offense of illegal delivery of shabu under the same Section 5 of R.A. 9165. The Information alleged that appellant did “wilfully, unlawfully and feloniously sell and deliver” the shabu, which sufficiently charged the act of delivery. The act of handing over the shabu to SPO1 Acosta constituted delivery. The Court upheld the integrity of the seized drugs, finding an unbroken chain of custody from seizure to laboratory examination. Appellant’s defenses of denial and frame-up, and his claims regarding the absence of marked money, lack of counsel during arrest, and detention beyond 24 hours, were insufficient to overturn the conviction for illegal delivery. The penalty was modified to life imprisonment and a fine of Five Hundred Thousand Pesos (Php500,000.00).