G.R. No. 232083 , November 27, 2019
PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. COCOY CATUBAY, ACCUSED, JONEPER JAIME Y DURAN, ACCUSED-APPELLANT.

FACTS

Accused-appellant Joneper Jaime y Duran, along with co-accused Cocoy Catubay (who remained at large), was charged with violations of Republic Act No. 9165 (Comprehensive Dangerous Drugs Act of 2002). In Criminal Case No. 2011-20433, they were accused of illegally selling one heat-sealed plastic sachet containing 0.16 gram of methamphetamine hydrochloride (shabu). In Criminal Case No. 2011-20432, accused-appellant was separately charged with illegal possession of two heat-sealed plastic sachets containing an aggregate of 0.78 gram of shabu, and was also found positive for methamphetamine use per a chemistry report. The prosecution’s evidence established that on April 6, 2011, a buy-bust team was formed to target Catubay. The informant later advised that Catubay would send someone else to deliver the drugs. Accused-appellant arrived at the meet-up point, entered the car of the poseur-buyer, PO2 Jerry Magsayo, and sold him one sachet of shabu for P500. When asked if he had more, accused-appellant showed two additional sachets. Upon receipt of the marked money, PO2 Magsayo gave the pre-arranged signal, leading to accused-appellant’s arrest and the recovery of the buy-bust money and the two other sachets. The seized items were marked, inventoried, and photographed at the police office in the presence of accused-appellant, a Barangay Kagawad, a DOJ representative, and a media representative. The items were then submitted to the crime laboratory, where they tested positive for shabu. Accused-appellant denied the charges, claiming he was forcibly taken by a certain Miguel Dungog, brought to an office, and forced to admit ownership of money and drugs on a table. The Regional Trial Court found accused-appellant guilty of both charges, imposing life imprisonment and a P500,000 fine for illegal sale, and an indeterminate penalty of 12 years and 1 day to 14 years plus a P400,000 fine for illegal possession. The Court of Appeals affirmed this decision.

ISSUE

Whether the Court of Appeals correctly found accused-appellant guilty beyond reasonable doubt of illegal sale and illegal possession of dangerous drugs under Republic Act No. 9165 .

RULING

Yes, the Court of Appeals correctly affirmed the conviction. The Supreme Court held that all elements of illegal sale and illegal possession of dangerous drugs were proven beyond reasonable doubt. For illegal sale, the prosecution established the identity of the buyer and seller, the object and consideration, and the delivery and payment, through the credible testimony of PO2 Magsayo, who detailed the transaction and identified accused-appellant as the seller. The corpus delicti (the seized sachet and marked money) was presented in court. For illegal possession, the prosecution proved that accused-appellant was in possession of two additional sachets of shabu without legal authority. The Court found the testimonies of the prosecution witnesses straightforward and consistent, and accorded the police officers the presumption of regularity in the performance of their duties, as accused-appellant failed to prove any ill motive. The Court also ruled that the chain of custody over the seized drugs was properly preserved, as the buy-bust team complied with the inventory and witness requirements under the law. The defense of denial could not prevail over the positive identification by the prosecution witnesses. Conspiracy, while alleged in the Information for illegal sale, was deemed irrelevant to accused-appellant’s individual liability, as clear and convincing evidence showed he personally committed the offenses. The appeal was denied, and the CA decision was affirmed.