G.R. No. 259181, August 2, 2023
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. NHELMAR MENDIOLA Y MARTIN @ “HONDA,” NOEL MENDIOLA Y PONCE @ “NOEL,” AND GLEN RAMOS Y AKIATAN @ “GLEN,” Accused-Appellants.

FACTS

This case stemmed from two Informations filed before the Regional Trial Court (RTC) of Pasig City. In Criminal Case No. 20724-D-PSG, accused-appellants Nhelmar Mendiola, Noel Mendiola, and Glen Ramos were charged with Illegal Sale of Dangerous Drugs under Section 5, Article II of Republic Act (R.A.) No. 9165. In Criminal Case No. 20725-D-PSG, accused-appellant Noel Mendiola was separately charged with Illegal Possession of Dangerous Drugs under Section 11 of the same law.
The prosecution evidence established that on September 27, 2015, a buy-bust operation was conducted based on information from a confidential informant. PO3 Jun Mataverde acted as the poseur-buyer for the purchase of one kilogram of shabu from accused-appellant Nhelmar Mendiola alias “Honda” at a Jollibee parking lot in Pasig City. During the transaction, accused-appellant Glen Ramos retrieved a striped plastic bag containing the drugs from a car and handed it to PO3 Mataverde, who then gave the marked money to Nhelmar. Accused-appellant Noel Mendiola acted as a lookout. Upon the pre-arranged signal, the buy-bust team arrested the accused-appellants. A body frisk on Nhelmar yielded a .38 caliber gun, while a black bag containing another plastic bag of shabu was confiscated from Noel inside a car.
The police officers conducted the marking, inventory, and photographing of the seized items at the place of arrest in the presence of accused-appellants, a media representative (Jun Mestica), and a Barangay Kagawad (Henry Dela Cruz). Other media representatives and officials were also present. The seized items were then turned over to the PNP Crime Laboratory, where they tested positive for methamphetamine hydrochloride. The forensic chemist, PCI Alejandro De Guzman, marked the specimens, and later retrieved and presented them in court.
The defense presented a denial and frame-up. Accused-appellants claimed they were arbitrarily arrested in Manila on September 26, 2015, and not during a buy-bust operation in Pasig on September 27.
The RTC convicted all accused-appellants in Criminal Case No. 20724-D-PSG and convicted accused-appellant Noel Mendiola in Criminal Case No. 20725-D-PSG. The Court of Appeals affirmed the RTC’s decision in toto.

ISSUE

Whether the Court of Appeals correctly affirmed the conviction of accused-appellants.

RULING

The Supreme Court dismissed the appeal and affirmed the convictions.
The Court held that all elements of Illegal Sale of Dangerous Drugs were proven: (1) the identities of the buyer (PO3 Mataverde) and sellers (the accused-appellants), the object (shabu), and the consideration (marked money); and (2) the delivery of the drugs and the payment. Conspiracy was evident from their coordinated actions during the transaction.
For Illegal Possession, the elements were also established against accused-appellant Noel Mendiola: (1) he was in possession of the dangerous drug; (2) such possession was not authorized by law; and (3) he was freely and consciously aware of being in possession of it.
The Court ruled that the chain of custody of the seized drugs was preserved. The buy-bust team complied with the procedural requirements under Section 21 of R.A. 9165, as amended by R.A. 10640. The marking, physical inventory, and photographing were conducted immediately at the place of arrest in the presence of the accused-appellants, an elected public official (Barangay Kagawad), and a representative from the media. The presence of these required witnesses ensured the integrity of the seized items from the time of confiscation. The subsequent links in the chain—from the police investigator to the forensic chemist to the court—were also duly established and documented.
The defense of denial and frame-up was rejected for being inherently 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 any ill motive on their part to falsely accuse the appellants.
Therefore, the guilt of accused-appellants Nhelmar Mendiola, Noel Mendiola, and Glen Ramos for Illegal Sale of Dangerous Drugs, and of accused-appellant Noel Mendiola for Illegal Possession of Dangerous Drugs, was proven beyond reasonable doubt.