GR 191360; (March, 2014) (Digest)
G.R. No. 191360 ; March 10, 2014
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. SHERWIN BIS y AVELLANEDA, Accused-Appellant.
FACTS
Accused-appellant Sherwin Bis y Avellaneda was charged with violating Section 5, Article II of Republic Act No. 9165 (Comprehensive Dangerous Drugs Act of 2002) for selling three plastic sachets of methamphetamine hydrochloride (shabu) to PO2 Manuel Espejo, who acted as a poseur-buyer, in a buy-bust operation on November 28, 2006, in San Fernando, La Union. The prosecution’s evidence established that based on a tip, police officers conducted surveillance and subsequently a buy-bust operation. PO2 Espejo, using marked money, approached appellant and asked for drugs. Appellant received the money, went inside his house, and returned with three plastic sachets, which he gave to Espejo. Upon the pre-arranged signal, appellant was arrested. The seized items were marked, and a laboratory examination confirmed the substance was shabu. The defense presented a denial, claiming appellant was arbitrarily grabbed and frisked, and the drugs were planted.
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 held that the prosecution successfully established all elements of illegal sale of dangerous drugs: the identities of the buyer and seller, the object and consideration, and the delivery. The minor inconsistencies in the testimonies of the prosecution witnesses regarding where the items were found on appellant’s person and the description of his shorts were deemed inconsequential as they did not touch upon the essence of the crime. The Court also ruled that while there was non-compliance with the strict requirements of Section 21 of RA 9165 regarding physical inventory and photographing of seized items in the presence of specified witnesses, such non-compliance did not invalidate the seizure. The integrity and evidentiary value of the seized drugs were preserved, as the chain of custody was properly established through testimony detailing the marking, handling, and laboratory examination of the items. The positive identification by the police officers prevailed over the appellant’s bare denial. The Decision of the Court of Appeals affirming the Regional Trial Court’s judgment finding appellant guilty and sentencing him to life imprisonment and a fine of ₱500,000.00 was upheld.