G.R. No. 201111 , August 6, 2014
People of the Philippines, Plaintiff-Appellee, vs. Alfredo Cerdon y Sanchez, Accused-Appellant.

FACTS

Accused-appellant Alfredo Cerdon y Sanchez was charged with violation of Section 5, Article II of Republic Act No. 9165 (illegal sale of dangerous drugs) following a buy-bust operation on July 12, 2003, in Brgy. Dau, Mabalacat, Pampanga. The prosecution alleged that based on a tip, a buy-bust team was formed with PO1 Michael Yusi as poseur-buyer. PO1 Yusi, introduced by an asset, met appellant “Fred” and asked to buy shabu. Appellant went inside his house, returned, and handed one plastic sachet of shabu to PO1 Yusi in exchange for ₱200.00 marked money. PO1 Yusi then gave the pre-arranged signal, leading to appellant’s arrest. PO3 Henry Laxamana, a back-up operative, corroborated the transaction and testified that he confiscated the marked money and a caliber .22 magnum from appellant’s waist. The seized item was examined and confirmed to contain methylamphetamine hydrochloride. Appellant denied the charge, claiming the police officers entered his house, poked guns at him, searched his room, and planted evidence. The Regional Trial Court convicted appellant, imposing life imprisonment and a ₱500,000.00 fine. The Court of Appeals affirmed the conviction. Appellant appealed, arguing the prosecution failed to prove the corpus delicti and establish the chain of custody, particularly non-compliance with Section 21 of R.A. 9165 regarding inventory and photographing of seized items in the presence of required witnesses.

ISSUE

Whether the prosecution proved the guilt of the accused-appellant for illegal sale of dangerous drugs beyond reasonable doubt, despite alleged lapses in the chain of custody under Section 21 of R.A. 9165.

RULING

The Supreme Court affirmed the conviction. The prosecution sufficiently proved all elements of illegal sale of shabu: (1) the identity of the buyer and seller, the object, and the consideration; and (2) the delivery of the thing sold and payment. The testimonies of PO1 Yusi and PO3 Laxamana positively identified appellant as the seller and detailed the consummated sale. The marked money and laboratory confirmation of the seized shabu were presented. Regarding the chain of custody, the Court ruled that while the police did not strictly comply with Section 21 of R.A. 9165—as stipulated, there was no photograph taken in the presence of the accused and no signatures from elected officials, media, or DOJ representatives on the confiscation receipt—such non-compliance did not automatically render the seizure invalid or the evidence inadmissible. The integrity and evidentiary value of the seized drug were preserved. The buy-bust team immediately marked the seized item after apprehension, and it was brought to the crime laboratory on the same day. The prosecution established an unbroken chain of custody, and the accused failed to show any evidence of tampering, bad faith, or ill motive on the part of the police officers. The penalty of life imprisonment and a fine of ₱500,000.00 was upheld.