G.R. No. 188847 ; January 31, 2011
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. RUFINO VICENTE, JR. y CRUZ, Accused-Appellant.

FACTS

An Information charged accused-appellant Rufino Vicente, Jr. with violating Section 5, Article II of R.A. No. 9165 (Comprehensive Dangerous Drugs Act of 2002) for the illegal sale of 0.40 grams of methylamphetamine hydrochloride (shabu) for PHP 500.00 on May 31, 2003, in Taguig, Metro Manila. During arraignment, he pleaded not guilty.
The prosecution’s version, established through the testimonies of PO2 Darwin M. Boiser and PO2 Gerald Marion R. Lagos, members of the buy-bust team, was as follows: On May 31, 2003, an informant reported that a certain “Paks” was peddling shabu. After verification, a buy-bust team was formed with PO2 Boiser as the poseur-buyer. A marked PHP 500 bill was prepared. Around midnight, PO2 Boiser and an informant met “Paks,” who was later identified as Vicente, Jr. PO2 Boiser was introduced as a balikbayan wanting to buy drugs. Vicente, Jr. agreed and handed over a plastic sachet of shabu in exchange for the marked money. Upon PO2 Boiser’s pre-arranged signal, PO2 Lagos moved in to arrest Vicente, Jr. The seized plastic sachet was marked “DB-1-3105-03” and later tested positive for shabu.
The defense presented Vicente, Jr. and Elisa Santos. They testified that around midnight on May 31, 2003, Vicente, Jr. was buying balut from Santos when three men accosted him, mistakenly identifying him as “Reden.” He was beaten and forcibly taken despite his denial and attempts to show identification. Vicente, Jr. claimed he was framed and that the police tried to coerce him into naming other suspects.
The Regional Trial Court (RTC) found Vicente, Jr. guilty beyond reasonable doubt and sentenced him to life imprisonment and a PHP 500,000 fine. The Court of Appeals (CA) affirmed the RTC’s decision. Vicente, Jr. appealed to the Supreme Court.

ISSUE

Whether the Court of Appeals erred in finding accused-appellant guilty beyond reasonable doubt for the illegal sale of dangerous drugs.

RULING

The Supreme Court DENIED the appeal and AFFIRMED the CA Decision.
The Court held that all elements of illegal sale of dangerous drugs were proven: (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 testimonies of PO2 Boiser and PO2 Lagos were clear, consistent, and credible, establishing that Vicente, Jr. sold shabu to the poseur-buyer. 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. The Court found no ill motive for the officers to falsely accuse the appellant.
Regarding the alleged non-compliance with Section 21 of R.A. 9165’s Implementing Rules (specifically, the lack of a pre-operation report and photographs), the Court ruled that such procedural lapses did not undermine the integrity of the seized drug. The chain of custody remained unbroken. The plastic sachet was immediately marked at the scene by PO2 Boiser with his initials and the date, turned over to the investigating officer, and subsequently submitted to the crime laboratory, where it tested positive for shabu. The integrity and evidentiary value of the corpus delicti were thus preserved. The law does not require perfect adherence to procedure, provided the integrity of the seized item is established.
Therefore, the guilt of accused-appellant Rufino Vicente, Jr. was proven beyond reasonable doubt.