G.R. No. 186471 January 25, 2010
People of the Philippines, Plaintiff-Appellee, versus Rodante De Leon y Dela Rosa, Accused-Appellant.

FACTS

Accused-appellant Rodante De Leon y Dela Rosa was charged with violations of Sections 5 (Sale) and 11 (Possession), Article II of Republic Act No. 9165 (Comprehensive Dangerous Drugs Act of 2002). The charges stemmed from a buy-bust operation on November 9, 2003, in Quezon City. The prosecution’s evidence established that a police team was formed after a confidential informant reported appellant’s illegal drug activities. PO2 Noel Magcalayo acted as poseur-buyer and was given two marked PhP 100 bills. The team proceeded to Sarmiento St., Barangay Sta. Monica, Novaliches, Quezon City. The informant introduced PO2 Magcalayo to appellant as a buyer of shabu. Appellant confirmed he had shabu, and upon receiving the marked money, handed over one plastic sachet containing white crystalline substance. PO2 Magcalayo gave the pre-arranged signal, and appellant was arrested. The buy-bust money was recovered from appellant, and upon frisking, PO2 Cesar Collado found another plastic sachet on appellant’s person. The seized items were marked and later submitted to the PNP Crime Laboratory for examination. Forensic Chemist Engr. Leonard Jabonillo conducted a qualitative examination, which yielded positive results for Methylamphetamine Hydrochloride, a dangerous drug. The defense presented appellant, who denied the charges. He testified that he was a former police officer and was accosted by policemen while looking for a kumpadre to borrow money. He claimed the evidence was planted and that he was maltreated at the police station. The Regional Trial Court (RTC) found appellant guilty beyond reasonable doubt. The Court of Appeals (CA) affirmed the RTC’s decision.

ISSUE

The core issue is whether the prosecution successfully proved the guilt of the accused-appellant for the crimes of illegal sale and illegal possession of dangerous drugs beyond reasonable doubt, particularly in establishing the integrity and chain of custody of the seized evidence.

RULING

The Supreme Court DENIED the appeal and AFFIRMED the decision of the Court of Appeals. The Court held that the prosecution successfully established all elements of the crimes of illegal sale and illegal possession of dangerous drugs. The buy-bust operation was validly conducted, and the integrity and evidentiary value of the seized drugs were preserved. The Court found that the chain of custody was sufficiently established through the following links: 1) PO2 Magcalayo received the marked money and seized the first sachet from appellant; 2) PO2 Collado frisked appellant and seized the second sachet, marking both items; 3) the items were turned over to the investigator, PO1 Oliver Estrelles; 4) a request for laboratory examination was prepared; 5) the items were delivered to the PNP Crime Laboratory; and 6) Forensic Chemist Engr. Jabonillo examined the items and confirmed they contained Methylamphetamine Hydrochloride. The Court ruled that non-compliance with Section 21 of RA 9165 (the physical inventory and photograph requirement) is not fatal as long as the integrity and evidentiary value of the seized items are properly preserved, which was done in this case. The defense of denial and frame-up was rejected for being unsupported by clear and convincing evidence and cannot prevail over the positive testimonies of the police officers, who are presumed to have performed their duties regularly. The guilt of the accused-appellant was proven beyond reasonable doubt.