G.R. No. 189812 September 1, 2014
People of the Philippines, Plaintiff-Appellee, vs. Reynaldo Baturi, Accused-Appellant.

FACTS

An Information was filed accusing Reynaldo Baturi of illegally selling ten (10) sachets of shabu weighing 49.1 grams on August 7, 2005, in Brgy. Carmen East, Rosales, Pangasinan, in violation of Section 5, Article II of Republic Act No. 9165. The prosecution’s version, based on the testimony of PO3 Marlo Velasquez, is that a confidential informant reported Baturi’s illegal drug activities. A surveillance and subsequent buy-bust operation were conducted where PO3 Velasquez acted as poseur-buyer. Baturi was apprehended after handing over a carton containing plastic sachets of white crystalline substance in exchange for marked money. The seized items were inventoried in the presence of barangay officials and a media representative, then submitted to the PNP Crime Laboratory, where Forensic Chemist P/Insp. Emelda Besarra-Roderos confirmed the substance was methamphetamine hydrochloride or shabu. The defense version, presented by Baturi and corroborated by his daughters, claimed he was framed. He testified that on the date in question, he was waiting for a funeral procession when police officers apprehended him and inquired about a former co-worker, later detaining him. He claimed he only learned of the drug charge during his arraignment.

ISSUE

Whether the Court of Appeals erred in affirming the trial court’s decision finding accused-appellant Reynaldo Baturi guilty beyond reasonable doubt of illegal sale of dangerous drugs.

RULING

The Supreme Court DENIED the appeal and AFFIRMED the conviction with MODIFICATION. The Court held that all elements of illegal sale of shabu were established: (1) the identities of the buyer and seller, the object, and the consideration; and (2) the delivery of the drugs and payment. The testimony of PO3 Velasquez as the poseur-buyer provided a clear and credible account of the transaction. The Court found the chain of custody of the seized drugs was sufficiently established. The drugs were marked, inventoried, and photographed immediately after seizure in the presence of required witnesses, and the forensic chemist confirmed the integrity of the items examined. The defense of frame-up was rejected for lack of clear and convincing evidence, and the presumption of regularity in the performance of official duty by the police officers stood. The penalty imposed by the lower courts—life imprisonment and a fine of ₱500,000—was affirmed. However, applying Republic Act No. 9346, the Court MODIFIED the decision to specify that Baturi shall not be eligible for parole.