G.R. No. 181037 January 19, 2009
PEOPLE OF THE PHILIPPINES, Appellee, vs. SAIDAMEN MACATINGAG y NAMRI alias SAI, Appellant.

FACTS

On January 17, 2004, a PNP buy-bust team was formed in Camp Vicente Lim based on a confidential informant’s report about the drug-pushing activities of a certain “Sai” (appellant). PO3 Marino A. Garcia acted as the poseur-buyer, with PO3 Danilo Leona as the arresting officer. The team proceeded to Villa Antonio, San Pablo City. PO3 Garcia and the informant waited at the subdivision entrance. Appellant arrived after 20 minutes. The informant introduced PO3 Garcia as the buyer. Appellant asked for P52,500.00. PO3 Garcia showed an envelope containing two marked P500.00 bills and boodle money. Appellant then pulled out one plastic sachet and handed it to PO3 Garcia. Upon receiving the marked money, PO3 Garcia gave the pre-arranged signal (removing his cap). PO3 Leona seized the marked money from appellant, and PO3 Garcia recovered the plastic sachet. Appellant was brought to the police station. The seized sachet was marked “A” and “MAG” (PO3 Garcia’s initials) with the date and time. Laboratory examination confirmed the sachet contained 25.23 grams of Methamphetamine Hydrochloride (shabu). Appellant was charged with Violation of Section 5, Article II of R.A. No. 9165 (illegal sale of dangerous drugs). Appellant pleaded not guilty, claiming he was at home with his wife when armed men entered, seized his money, handcuffed him, and brought him to the police headquarters, where he was detained and later charged. The Regional Trial Court convicted appellant, sentencing him to life imprisonment and a P500,000.00 fine. The Court of Appeals affirmed the conviction in toto.

ISSUE

Whether the Court of Appeals erred in affirming appellant’s conviction for illegal sale of dangerous drugs, specifically concerning the credibility of police testimonies, the validity of the warrantless arrest, and the chain of custody of the seized shabu.

RULING

The Supreme Court denied the appeal and affirmed the conviction. The Court held that all elements of illegal sale of dangerous drugs were proven: (1) the identity of the buyer (PO3 Garcia) and seller (appellant), the object (shabu), and consideration (marked money); and (2) the delivery of the shabu and payment. The testimonies of PO3 Garcia and PO3 Leona, which were consistent and detailed, established the buy-bust operation and the actual transaction. The Court found no ill motive on the part of the police officers and upheld the presumption of regularity in the performance of their duties. The warrantless arrest was valid as it was a result of a legitimate buy-bust operation, which is a valid form of entrapment; the search and seizure were incidental to a lawful arrest. Appellant’s claim of frame-up was unsubstantiated. Regarding the chain of custody, the Court found that the integrity and evidentiary value of the seized shabu were preserved. The sachet was immediately marked by PO3 Garcia at the police station after apprehension, and the forensic chemist confirmed the substance was shabu. The non-compliance with Section 21 of R.A. No. 9165 (requiring immediate inventory and photographing in the presence of specified witnesses) was not raised before the trial court and, regardless, did not impair the evidence’s integrity as the marking upon immediate confiscation by the apprehending officer ensured the chain of custody was unbroken. The penalty of life imprisonment and a P500,000.00 fine, as mandated by Section 5 of R.A. No. 9165 for the sale of 25.23 grams of shabu, was affirmed.