THIRD DIVISION
G.R. No. 219174, February 21, 2018
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ALVIN VELASCO Y HUEVOS, Plaintiff-Appellant
D E C I S I O N
BERSAMIN, J.:
The regularity of the performance of official duty on the part of the arresting officers during the buy-bust operation and its aftermath cannot be presumed when the records do not contain any explanation why the requirements of Section 21 of Republic Act No. 9165 (The Comprehensive Dangerous Drugs Act of 2002) were not complied with. The incrimination of the accused thereby becomes doubtful, and his acquittal of the charge of illegal selling of dangerous drugs should follow.
That on or about [the] 7th day of August 2006, at around 12:30 in the afternoon, more or less, at Barangay Camilmil, City of Calapan, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, conspiring, confederating and mutually helping one another, without any legal authority nor corresponding license or prescription, did then and there willfully, unlawfully and feloniously sell, deliver, transport or distribute to a poseur-buyer, methampethamine hydrochloride (shabu), a dangerous drug, weighing 0.26 gram, more or less.
Contrary to law.3
Evidence for the Prosecution
Sometime in July 2006, a police asset reported to PO2 Alcano that the Accused-Appellants were selling shabu in Calapan City. The Calapan City Police Station verified this information through a surveillance operation that lasted for at least two (2) weeks.
On August 7, 2006, a buy-bust operation was planned and led by Senior Police Officer II Eduardo Espiritu (SPO2 Espiritu). PO2 Alcano was designated as the poseur-buyer with Police Officer III Avelino Masongson, PO2 Rodil, and PO2 Rosales as arresting officers. Three (3) Five Hundred-Peso (PhP500.00)-bills were prepared as marked money. The initials "RUA", corresponding to PO2 Alcano's initials, were written thereon and the bills' serial numbers were recorded in the police blotter.
x x x x
After the preparation was completed, the police asset contacted the Accused-Appellants and arranged a sale of shabu near a Petron gasoline station in Barangay Camilmil.
PO2 Alcano and the police asset proceeded to the above meeting place on board a motorcycle and the other police officers followed discreetly in an unmarked Toyota Revo. PO2 Alcano parked the motorcycle beside the air and water section and the other members of the buy-bust team remained inside the Revo and parked the same beside a gas pump of Petron. The Accused-Appellants arrived there ahead of them. PO2 Alcano and the police asset approached Accused-Appellants and handed the marked money to Velasco, who accepted the same. Velasco then took out a small plastic sachet containing a white crystalline substance suspected to be shabu and gave it to PO2 Alcano. On the other hand, Diaz watched the entire exchange and attempted to sell more shabu saying, "If you still need more, we still have some."
After seeing the sale, the other members of the buy-bust team quickly alighted from the vehicle and apprehended the Accused-Appellants. They were searched for more illegal drugs and found three (3) small plastic sachets on Diaz containing white crystalline substance suspected to be shabu. The marked money were found inside Velasco's wallet.
The Accused-Appellants, together with the seized items, were brought to the Calapan City Police Station and were photographed in the presence of Barangay Captain Frayre. The small plastic sachet confiscated from Velasco containing a substance suspected to be shabu was marked with PO2 Alcano's initials "RUA". On the other hand, the three (3) small plastic sachets found on Diaz were marked as "JVR-1", "JVR-2", and "JVR-3". PO2 Alcano prepared the Inventory of Confiscated Items and the same was attested to by Barangay Captain Freyre. The requests for laboratory examination were prepared by Police Superintendent Policarpio Lopez. Thereafter, the plastic sachets recovered from the Accused-Appellants were personally turned over by PO2 Alcano and PO2 Rodil to PSI Alviar, the forensic chemist of the Crime Laboratory Service of Calapan City, on the same day of arrest.
PSI Alviar received the four (4) heat-sealed transparent plastic sachets with the above markings. Qualitative, chemical, and confirmatory examinations were conducted thereon and the results yielded positive for Methamphetamine Hydrochloride or more commonly known as shabu.
PO2 Rosales, as arresting officer, corroborated the testimonies of PO2 Alcano and PO2 Rodil on its material points.5
Diaz testified that on August 7, 2006 at around 3:00 a.m., he left their house in Fairview, Quezon City, and went to Calapan City, Oriental Mindoro, to participate in cockfights and billiard games. xxx
Diaz then went to the house of his friend Manding Mercado (Manding) in Lumangbayan, Calapan City. It turned out that Manding was in Puerto Galera that time, so Diaz decided to follow him there. Before going to Puerto Galera, he took his lunch at a kambingan near Petron gasoline station in Camilmil, Calapan City.
After eating, two (2) persons arrived and asked Diaz, "May dala kang baril?" He raised his hands and after which, he was led to a Toyota Revo. He saw Velasco already inside the said vehicle.
For his part, Velasco testified that on August 7, 2006 at around 12:00 noon, he was at the national highway across the MOTOC terminal in Barangay Lalud. When he was about to cross the road, a white Toyota Revo suddenly stopped in front of him and several armed men in civilian clothes alighted, three (3) of whom pointed their guns at him. One of the armed men, later identified as PO2 Rosales, told him that concerned citizens informed them that he was carrying a firearm. He was bodily searched but none was found. Velasco was, nonetheless, handcuffed and was directed to board the vehicle. They drove to Barangay Camilmil and stopped in front of a kambingan for a period of around five (5) minutes, then Diaz was later brought inside the vehicle. Diaz knew who Velasco was because they were introduced to each other by a kumpare about a year prior to the incident.
The Accused-Appellants were brought to the Calapan City Police Station where they were frisked and stripped naked but no firearm or illegal drugs were found in their possession. They were investigated without the assistance of a counsel. They were maltreated and one of the policemen even took Velasco's money amounting to Twenty Thousand Pesos (PhP20,000.00). The Accused-Appellants were brought to the Prosecutors' Office the next day for inquest proceedings where they revealed that one of the arresting officers demanded One Hundred Thousand Pesos (PhP100,000.00) in exchange for Velasco's release. When Velasco told the arresting officer that he does not have money, he heard them saying, "Accomplishment na lang natin 'to."6
ACCORDINGLY, in view of the foregoing, judgment is hereby rendered as follows:
- In CR-06-8538, this Court finds the accused VEVIR DIAZ y MANALO GUILTY beyond reasonable doubt as principal of the crime charged in the aforequoted information and in default of any modifying circumstances attendant, hereby sentences him to suffer the indeterminate penalty of imprisonment ranging from TWELVE (12) YEARS and ONE (1) DAY as MINIMUM to FIFTEEN (15) YEARS and ONE (1) DAY as MAXIMUM and to pay a fine in the amount of P300,000.00, with the accessory penalties provided by law and with credit for preventive imprisonment undergone, if any. The 0.90 grams of methamphetamine hydrochloride (shabu) subject matter of this case is hereby ordered confiscated in favor of the government to be disposed of in accordance with law.
- In CR-06-8539, this Court finds accused VEVIR DIAZ y MANALO and ALVIN VELASCO y HUEVOS GUILTY beyond reasonable doubt as principals of the crime charged in the aforequoted Information and in default of any modifying circumstances attendant, hereby sentences them to suffer the penalty of LIFE IMPRISONMENT and to pay a fine of FIVE HUNDRED THOUSAND (P1500,000.00) PESOS, with the accessory penalties provided by law and with credit of preventive imprisonment undergone, if any. The 0.26 grams of methampethamine hydrochloride (shabu) subject matter of this case is hereby ordered confiscated in favor of the government to be disposed of in accordance with law.
SO ORDERED.8
Section 21. Custody and Disposition of Confiscated, Seized, and/or Surrendered Dangerous Drugs, Plant Sources of Dangerous Drugs, Controlled Precursors and Essential Chemicals, Instruments/Paraphernalia and/or Laboratory Equipment. — The PDEA shall take charge and have custody of all dangerous drugs, plant sources of dangerous drugs, controlled precursors and essential chemicals, as well as instruments/paraphernalia and/or laboratory equipment so confiscated, seized and/or surrendered, for proper disposition in the following manner:
(1) The apprehending team having initial custody and control of the drugs shall, immediately after seizure and confiscation, physically inventory and photograph the same in the presence of the accused or the person/s from whom such items were confiscated and/or seized, or his/her representative or counsel, a representative from the media and the Department of Justice (DOJ), and any elected public official who shall be required to sign the copies of the inventory and be given a copy thereof;xxx xxx xxx
xxx xxx xxx
(a) The apprehending office/team having initial custody and control of the drugs shall, immediately after seizure and confiscation, physically inventory and photograph the same in the presence of the accused or the person/s from whom such items were confiscated and/or seized, or his/her representative or counsel, a representative from the media and the Department of Justice (DOJ), and any elected public official who shall be required to sign the copies of the inventory and be given a copy thereof: Provided, that the physical inventory and photograph shall be conducted at the place where the search warrant is served; or at the nearest police station or at the nearest office of the apprehending officer/team, whichever is practicable, in case of warrantless seizures; Provided, further that non-compliance with these requirements under justifiable grounds, as long as the integrity and the evidentiary value of the seized items are properly preserved by the apprehending officer/team, shall not render void and invalid such seizures of and custody over said items;xxx xxx xxx
TO: | The Director BUREAU OF CORRECTIONS 1770 Muntinlupa City |
"WHEREFORE, the Court REVERSES and SETS ASIDE the decision promulgated on May 27, 2014 in CA-G.R. CR-HC No. 05655; ACQUITS accused ALVIN VELASCO y HUEVOS on the ground that his guilt was not established beyond reasonable doubt; and ORDERS his immediate release from confinement at the New Bilibid Prison in Muntinlupa City unless there are other lawful causes warranting his continuing confinement.
The Court DIRECTS the Director of the Bureau of Corrections to implement the immediate release of ALVIN VELASCO y HUEVOS, and to report on his compliance within 10 days from receipt.
SO ORDERED."
Endnotes:
1Rollo, pp. 2-18; penned by Associate Justice Normandie B. Pizarro, with the concurrence of Associate Justice Andres B. Reyes, Jr. and Associate Justice Manuel M. Barrios.
2 CA rollo, pp. 83-94, penned by Judge Manuel C. Luna, Jr.
3 Id. at 128.
4 Rollo, p. 4.
5 Id. at 4-7.
6 Id. at 7-8.
7 CA rollo, pp. 83-94.
8 Id. at 93-94.
9 Id. at 93.
10 Rollo, p. 19.
11 People v. Adrid, G.R. No. 201845, March 6, 2013, 692 SCRA 683, 697.
12 Cruz v. People, G.R. No. 164580, February 6, 2009, 578 SCRA 147, 154.
13People v. Adrid, supra, note 11.
14 Id.
15 People v. Sanchez, G. R. No. 175832, October 15, 2008, 569 SCRA 194, 212.
16 People v. Geronimo, G.R. No. 180447, August 23, 2017.