GR 212171; (September, 2016) (Digest)
G.R. No. 212171. September 07, 2016
PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. MERCURY DELA CRUZ ALIAS “DEDAY,” ACCUSED-APPELLANT.
FACTS
Accused-appellant Mercury Dela Cruz was charged with illegal sale of shabu under Section 5, Article II of Republic Act No. 9165. The prosecution evidence established that a buy-bust operation was conducted by police officers in Cebu City. PO1 Reales, acting as poseur-buyer, was introduced to Dela Cruz by a confidential informant. He handed her two marked ₱100 bills in exchange for a small plastic sachet containing white crystalline substance. Upon consummation of the sale, the backup officers moved in, but Dela Cruz resisted, shouted for help, and successfully evaded immediate arrest. She was later apprehended by virtue of a warrant. The seized item was marked, subjected to laboratory examination, and tested positive for methamphetamine hydrochloride.
ISSUE
The core issue is whether the prosecution proved beyond reasonable doubt the guilt of the accused-appellant for the illegal sale of dangerous drugs, particularly in light of her defense of denial and alibi and her challenge to the custody and disposition of the seized drugs.
RULING
The Supreme Court affirmed the conviction. The legal logic rests on the established elements of illegal sale of dangerous drugs: (1) the identities of the buyer, seller, object, and consideration; and (2) the delivery of the drug and payment. The Court found these elements were sufficiently proven through the positive, categorical, and corroborated testimonies of the police officers, which detailed the transaction. The fact that the accused-appellant escaped immediate arrest did not negate the consummation of the crime, which occurred upon the exchange of the marked money and the shabu.
Regarding the chain of custody, the Court ruled that while the strict procedural requirements of Section 21 of R.A. No. 9165 were not perfectly followed—notably the absence of an inventory and photographing in the presence of the required witnesses—such non-compliance was not fatal. The prosecution successfully established an unbroken chain through testimonial evidence tracing the seized item from the buy-bust, to marking at the police station, to delivery to the crime laboratory, and its eventual presentation in court. The integrity and evidentiary value of the corpus delicti were preserved. In the absence of proof of ill motive on the part of the arresting officers, the presumption of regularity in the performance of official duty prevailed over the accused-appellant’s bare denial. Thus, her guilt was proven beyond reasonable doubt.