G.R. No. 249853 , September 14, 2021
People of the Philippines, Plaintiff-Appellee, vs. Jessie Bancud y Cauilan, Accused-Appellant.

FACTS

On August 7, 2017, two Informations were filed against accused-appellant Jessie Bancud y Cauilan for violations of Sections 5 (illegal sale) and 11 (illegal possession), Article II of R.A. 9165. The charges stemmed from a buy-bust operation on August 6, 2017, in Tuguegarao City. A confidential informant arranged a sale of PHP 1,000.00 worth of shabu at accused-appellant’s residence. PO3 Vincent Tumaneng acted as poseur-buyer, using a marked PHP 1,000.00 bill. During the transaction, accused-appellant handed over two heat-sealed plastic sachets containing white crystalline substance. Upon the pre-arranged signal, the buy-bust team arrested accused-appellant. A search incidental to arrest yielded one more plastic sachet of suspected shabu from his person. The seized items were marked at the scene in the presence of a DOJ representative and a barangay official, photographed, and later confirmed by forensic examination to be methamphetamine hydrochloride. The defense presented a denial and frame-up, alleging accused-appellant was arrested while in his toilet, and the drugs were planted to use him as bait to locate his friend.

ISSUE

Whether the Court of Appeals erred in affirming the conviction of accused-appellant for violations of Sections 5 and 11, Article II of R.A. 9165.

RULING

The Supreme Court denied the appeal and affirmed the conviction. The Court found that the prosecution successfully established all elements of illegal sale and illegal possession of dangerous drugs. The buy-bust operation was validly conducted, and the integrity and evidentiary value of the seized drugs were preserved through an unbroken chain of custody. The marking of the items was done immediately at the place of arrest in the presence of the accused and the required witnesses (a DOJ representative and a barangay official), which was deemed compliant with the law. The defense of denial and frame-up was found weak and unsupported by clear and convincing evidence. The testimonies of the police officers were accorded full faith and credit, as there was no evidence of ill motive. The penalties imposed by the lower courts were affirmed: for illegal sale (Section 5), life imprisonment and a fine of PHP 500,000.00; for illegal possession (Section 11), imprisonment of twelve years and one day to fourteen years and a fine of PHP 300,000.00.