G.R. No. 193856, April 21, 2014
People of the Philippines, Appellee, vs. Sukarno Junaide y Agga, Appellant.

FACTS

On November 25, 2004, based on a tip, a buy-bust team was formed with SPO1 Roberto Roca as the poseur-buyer. The team proceeded to Lower Calarian, Zamboanga City. An informant and SPO1 Roca approached the accused, Sukarno Junaide. The informant told Junaide that his companion wanted to buy shabu worth ₱100.00. Junaide took a sachet from his pocket and handed it to SPO1 Roca, who gave him a marked ₱100.00 bill. SPO1 Roca then signaled the team, identified himself as a police officer, and arrested Junaide as he tried to flee. A search by SPO1 Amado Mirasol, Jr. yielded four more sachets of suspected shabu and the marked money. The seized items were later turned over to the police crime laboratory. The sachet sold was found to contain 0.0101 gram of shabu, while the four other sachets contained a total of 0.0235 gram. Junaide presented a different version, claiming he was arrested without cause while fetching his nephew, and that the police planted evidence. He was charged with illegal sale and illegal possession of shabu under R.A. 9165. The Regional Trial Court convicted him on both charges, and the Court of Appeals affirmed the decision. The Supreme Court initially affirmed the CA decision but later granted Junaide’s motion for reconsideration for a reexamination of compliance with the chain of custody requirements.

ISSUE

Whether the prosecution proved the corpus delicti and the integrity of the chain of custody of the seized dangerous drugs, particularly for the charge of illegal sale, thereby establishing the guilt of the accused beyond reasonable doubt.

RULING

The Supreme Court PARTIALLY GRANTED the motion for reconsideration. It ACQUITTED Sukarno Junaide of the charge of illegal sale of dangerous drugs (Criminal Case 5601) but AFFIRMED his conviction for illegal possession of dangerous drugs (Criminal Case 5602). Regarding the sale charge, the Court found a break in the chain of custody. SPO1 Roca testified that he marked the seized sachet with his initials “RR,” but the sachet presented in court bore the marking “RR-1.” SPO1 Roca could not explain the discrepancy and admitted the “RR-1” marking could have been made by anybody. This created reasonable doubt as to whether the item presented in court was the same one seized from Junaide, suggesting a possible switching of evidence. Thus, the prosecution failed to prove the corpus delicti for the sale charge beyond reasonable doubt. The conviction for illegal possession was sustained as the issues raised in the motion pertained only to the chain of custody for the item sold, not the other four sachets found in his possession.