GR 183819; (July, 2009) (Digest)
G.R. No. 183819 ; July 23, 2009
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. ARSENIO CORTEZ y MACALINDONG, Accused-Appellant.
FACTS
Accused-appellant Arsenio Cortez was charged with illegal sale of dangerous drugs under Section 5, Article II of R.A. 9165. The prosecution alleged that on October 26, 2003, a buy-bust operation was conducted in Pasig City where SPO2 Dante Zipagan, acting as poseur-buyer, purchased a plastic sachet containing 0.04 gram of shabu from Cortez using marked money. Upon consummation of the sale, Cortez was arrested, and the marked money was recovered from his pocket. The seized item was submitted for laboratory examination, which confirmed the presence of methamphetamine hydrochloride.
Cortez interposed the defense of denial and frame-up. He claimed that on the night in question, a person he knew came to his house to offer a cellphone for sale. Shortly after, several persons entered, arrested him without explanation, and brought him to the police station. He denied any involvement in the sale of illegal drugs.
ISSUE
Whether the guilt of the accused-appellant for the illegal sale of dangerous drugs was proven beyond reasonable doubt.
RULING
Yes, the Supreme Court affirmed the conviction. The Court found that all elements of illegal sale of dangerous drugs were duly established: (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 prosecution evidence, primarily from the credible testimonies of the police officers involved in the buy-bust operation, clearly detailed the transaction. The defense of denial and frame-up was inherently weak and could not prevail over the positive identification by the police officers, who were presumed to have performed their duties regularly in the absence of evidence to the contrary.
The Court also ruled that the chain of custody of the seized drug was sufficiently established. The prosecution presented evidence showing the seizure, marking, and submission of the plastic sachet for laboratory examination. The defense had even admitted the authenticity of the request for laboratory examination and the Physical Science Report during pre-trial. The integrity and evidentiary value of the corpus delicti were thus preserved. The appeal was denied for lack of merit, and the lower courts’ decisions were affirmed.