G.R. No. 203026 , January 28, 2015
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. NATHANIEL PASION Y DELA CRUZ A.K.A. “ATHAN” AND DENNIS MICHAEL PAZ Y SIBAYAN, Accused-Appellants.

FACTS

On June 10, 2009, based on a confidential informant’s tip, the Ilocos Norte Special Enforcement Team (INSET) of the PDEA conducted surveillance on accused-appellant Nathaniel Pasion for illegal drug activities in San Nicolas, Ilocos Norte. After validation, a buy-bust team was formed, with IO1 Merton Fesway as poseur-buyer. Around 10:40 p.m., Pasion sold one heat-sealed plastic sachet of shabu (0.0987 gram) to IO1 Fesway for ₱1,000.00 in marked money. Upon consummation, Pasion was arrested, and the marked money was recovered.
While in custody, Pasion offered to identify his supplier. He contacted accused-appellant Dennis Michael Paz to order ₱1,000.00 worth of shabu. At around 11:10 p.m., Paz arrived at the agreed location and handed a sachet of shabu (0.0741 gram) to Pasion, who was accompanied by IO1 Esmin. Paz was immediately arrested. During a body search, another plastic sachet containing dried marijuana leaves (2.9921 grams) was recovered from Paz.
The seized items were marked, inventoried, and photographed at the police station in the presence of appellants, a media representative (Venerando Ute), and a barangay kagawad (Albert de Guzman). Laboratory examination confirmed the substances were shabu and marijuana.
The Regional Trial Court convicted Pasion for illegal sale of shabu (Section 5, RA 9165) and Paz for illegal delivery of shabu and illegal possession of marijuana (Sections 5 and 11, RA 9165). The Court of Appeals affirmed the decision. Accused-appellants appealed to the Supreme Court, arguing irregularities in the buy-bust operation and the chain of custody of evidence.

ISSUE

Whether the Court of Appeals erred in affirming the conviction of accused-appellants for violations of RA 9165, despite alleged breaches in the chain of custody and procedural requirements for buy-bust operations.

RULING

The Supreme Court DISMISSED the appeal and AFFIRMED the convictions.
The Court held that all elements of the crimes were proven beyond reasonable doubt. For illegal sale (Pasion), the transaction with the poseur-buyer was established, and the confiscated shabu was presented as evidence. For illegal delivery (Paz), the act of handing the shabu to Pasion was witnessed by the arresting officer. For illegal possession (Paz), he had no authority to possess the marijuana found on him.
Regarding the chain of custody, the Court ruled that the integrity and evidentiary value of the seized items were preserved. The marking, inventory, and photography were conducted immediately after arrest at the police station in the presence of the accused, a media representative, and a barangay official, substantially complying with Section 21 of RA 9165. The required witnesses were present, and their absence during the actual seizure did not invalidate the operation, as the law allows their presence during inventory. The prosecution also established an unbroken chain from seizure to laboratory examination.
The defense of denial and frame-up by appellants was rejected for lack of clear and convincing evidence. The buy-bust operation was deemed legitimate, and the arresting officers were presumed to have performed their duties regularly.
Sentencing:
1. Nathaniel Pasion Life imprisonment and a fine of ₱2,000,000.00 for illegal sale of shabu.
2. Dennis Michael Paz Life imprisonment and a fine of ₱2,000,000.00 for illegal delivery of shabu; and imprisonment of 12 years and 1 day to 14 years plus a fine of ₱300,000.00 for illegal possession of marijuana.