G.R. No. 185278 , March 13, 2009
People of the Philippines, Appellee, vs. Rolando Llamado y Cruz, Appellant.

FACTS

On February 12, 2005, a police informant reported to the Anti-Illegal Drugs Special Operations Task Force in Marikina City that appellant Rolando Llamado alias “Pusa” was rampantly selling shabu. A buy-bust team was formed with PO2 Ferdinand Brubio as the poseur-buyer. After coordination with the Philippine Drug Enforcement Agency (PDEA), PO2 Brubio was given two marked one hundred peso bills. He and the informant proceeded to the area where the informant pointed out appellant. The informant introduced PO2 Brubio as a “scorer.” Appellant asked how much he would buy, and PO2 Brubio answered “dos lang” (two hundred pesos). Appellant gave a sachet of shabu to PO2 Brubio, who in turn gave the buy-bust money. PO2 Brubio then gave the pre-arranged signal, arrested appellant, and marked the seized sachet with “RCL-FB BUYBUST 02-12-05.” The specimen was personally delivered by PO2 Brubio to the PNP Crime Laboratory, where Forensic Chemist P/Sr. Insp. Maridel Rodis confirmed it contained methylamphetamine hydrochloride (shabu). Appellant denied the sale, claiming the police barged into his house while he was having dinner and arrested him without recovering any drugs, only his money and cellphone. His mother corroborated his testimony. The Regional Trial Court found appellant guilty of violating Section 5, Article II of Republic Act No. 9165 (illegal sale of dangerous drugs) and sentenced him to life imprisonment and a fine of P500,000.00. The Court of Appeals affirmed the decision. Appellant appealed, arguing the evidence was a product of an illegal search, the police failed to secure warrants, and they did not comply with the inventory and photograph requirements under Section 21 of R.A. No. 9165 .

ISSUE

Whether the Court of Appeals erred in affirming appellant’s conviction for illegal sale of dangerous drugs despite the alleged non-compliance with procedural requirements under R.A. No. 9165 and the defenses of denial and frame-up.

RULING

The Supreme Court denied the appeal and affirmed the conviction. The prosecution successfully proved all elements of illegal sale of dangerous drugs: (1) the identity of the buyer (PO2 Brubio) and seller (appellant), the object (shabu), and the consideration (P200.00); and (2) the delivery of the shabu and payment. Appellant was caught in flagrante delicto in a legitimate buy-bust operation. His defense of denial cannot prevail over the positive and categorical testimony of the police officers, who are presumed to have performed their duties regularly in the absence of proof of ill motive. The failure of the police officers to strictly comply with Section 21 of R.A. No. 9165 (inventory and photograph) was not fatal because the integrity and evidentiary value of the seized drugs were preserved. PO2 Brubio immediately marked the sachet after the sale, personally delivered it to the crime laboratory on the same day, and identified it in court. The non-coordination with barangay officials prior to the operation also did not invalidate it. The penalty of life imprisonment and a fine of P500,000.00 was upheld.