SECOND DIVISION
G.R. No. 229362, June 19, 2019
PEOPLE OF THE PHILIPPINES, APPELLEE, v. ERNESTO SILAYAN Y VILLAMARIN, APPELLANT.
D E C I S I O N
CARPIO, J.:
In light of the above, we find accused Ernesto Silayan GUILTY beyond reasonable doubt of violating Section 5, Article II, R.A. No. 9165 and sentence him to suffer a penalty of life imprisonment and to pay a fine of P500,000.00. However, we find accused Jeffrey Coro [a]nd Reyban Mariano NOT GUILTY because of reasonable doubt.The RTC found that the prosecution was able to prove the illegal sale of drugs by the testimonies of the police officers, which were given due credence because their duties are presumed to have been performed in a regular manner. The RTC also found that there was no evidence suggesting ill-motive or deviation from the performance of duties by the buy-bust team. The proper chain of custody was also proven by the prosecution, as testified by PO1 Bilog and Forensic Chemist Villaranza. Moreover, the RTC held that the prosecution was able to present the corpus delicti as evidence in court in the form of samples and chemistry report. Finally, the RTC rejected the defense of Silayan, finding it a denial that is incredible and weak, coming from a source who is not a credible witness.
Let the drug samples in this case be forwarded to the Philippine Drug Enforcement Agency (PDEA) for proper disposition. Furnish PDEA with a copy of this Decision per OCA Circular No. 70-2007.
SO ORDERED.4
WHEREFORE, premises considered, the instant appeal is DENIED. The Decision dated 20 June 2014 of the Regional Trial Court of Binangonan, Branch 67 in Criminal Case No. 12-0343 convicting accused appellant Ernesto Silayan of violation of Section 5, Article II of Republic Act No. 9165 and sentencing him to suffer the penalty of life imprisonment and to pay a fine ofP500,000.00 is hereby AFFIRMED.The CA found that the prosecution was able to prove the elements of the illegal sale of shabu - (1) the identities of the buyer and the seller, the object of the sale, and the consideration; and (2) the delivery of the thing sold and the payment for the thing. PO1 Bilog was able to positively identify Silayan, to whom he handed the marked money for the sale of the plastic sachet with shabu. The marked money and the sachet were presented as evidence in court. PO1 Bilog narrated in detail the transaction that transpired between them and Silayan. As for Silayan 's contention that there was no coordination between the PNP-Binangonan and the PDEA, the CA held that such is not a condition sine qua non for the validity of every entrapment operation conducted by police authorities.
SO ORDERED.5
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:The Implementing Rules and Regulations (IRR) of RA 9165 further provide:(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; (Emphasis supplied)
(a) The apprehending officer/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 noncompliance 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.While RA 9165 was amended by RA 106408 to modify the number of witnesses required during the conduct of inventory, the offense in this case was allegedly committed on or about 15 June 2012; and thus, the original version of Section 21(1) and its IRR as quoted above applies.
x x x x (Emphasis supplied)
Section 21. x x x xThe burden of proving the requisites for the deviation from compliance with the procedure laid down in Section 21 of RA 9165 and its IRR lies with the prosecution which must allege and prove that the presence of the three witnesses during the physical inventory and photographing of the illegal drug seized was not obtained due to reasons such as:(a) The apprehending officer/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 noncompliance 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.
x x x x (Emphasis supplied)
(1) their attendance was impossible because the place of arrest was a remote area; (2) their safety during the inventory and photograph of the seized drugs was threatened by an immediate retaliatory action of the accused or any person/s acting for and in his/her behalf; (3) the elected official[s] themselves were involved in the punishable acts sought to be apprehended; (4) earnest efforts to secure the presence of a DOJ or media representative and an elected public official within the period required under Article 125 of the Revised Penal Code prove futile through no fault of the arresting officers, who face the threat of being charged with arbitrary detention; or (5) time constraints and urgency of the anti-drug operations, which often rely on tips of confidential assets, prevented the law enforcers from obtaining the presence of the required witnesses even before the offenders could escape.10In this case, we find that the police failed to follow the procedure laid down in Section 21(1), Article II of RA 9165 and its IRR, without the presence of any of the justifiable grounds therefor.
Based on the foregoing, we find that the prosecution failed to prove that the apprehending police officers complied with the procedure laid down in Section 21(1), Article II of RA 9165 and its IRR. The testimony of PO1 Bilog is, at best, ambiguous, stating that he was "at the area" when he made the inventory. Worse, based on his testimony, Silayan and his other co-accused were not present when the inventory was made. Moreover, it is not denied by the prosecution that there was no representative from the media, DOJ, and any elected public official when such inventory was conducted.
Q- What did you do with the plastic sachet which was handed by Totong to the confidential informant? A- I marked it[,] ma'am[.] Q- What markings did you put on the plastic sachet? A- RNB[,] ma'am. Q- Who was present when you put markings on the plastic sachet? A- Tata Rey Abella[,] ma'am. Q- Showing you this Inventory of Evidence Seized attached to the records, is this the one you are referring to? A- Yes[,] ma'am. x x x x Q- Where were you when you made the inventory? A- At the area[,] ma'am. Q- What did you do with the plastic sachet? A- After we put the markings we brought it [to] the Provincial Crime Lab[,] ma'am. Q- You mentioned that there were pictures taken, who are the persons in the picture? A- The three accused, alias Totong and two other male persons[,] ma'am. Q- How about this other picture? A- That's the item[,] ma'am. Q- Who took these pictures? A- Me[,] ma'am.11 (Emphasis supplied)
1. In the sworn statements/affidavits, the apprehending/seizing officers must state their compliance with the requirements of Section 21 (1) of R.A. No. 9165, as amended, and its IRR.Again, we stress the importance of preserving the integrity and identity of the corpus delicti of crimes involving dangerous drugs. Following these guidelines ensures that the apprehending officers, in the seizure, initial custody, and handling of the confiscated illegal drugs and/or paraphernalia, will be able to preserve the integrity, identity, and evidentiary value of the seized items which are essential to prove that a crime has indeed been committed.
2. In case of non-observance of the provision, the apprehending/seizing officers must state the justification or explanation therefor as well as the steps they have taken in order to preserve the integrity and evidentiary value of the seized/confiscated items.
3. If there is no justification or explanation expressly declared in the sworn statements or affidavits, the investigating fiscal must not immediately file the case before the court. Instead, he or she must refer the case for further preliminary investigation in order to determine the (non) existence of probable cause.
4. If the investigating fiscal filed the case despite such absence, the court may exercise its discretion to either refuse to issue a commitment order (or warrant of arrest) or dismiss the case outright for lack of probable cause in accordance with Section 5, Rule 112, Rules of Court.
Endnotes:
1Rollo, pp. 2-18. Penned by Associate Justice Jane Aurora C. Lantion, with Associate Justices Fernanda Lampas Peralta and Nina G. Antonio-Valenzuela concurring.
2 CA rollo, pp. 24-26. Penned by Judge Dennis Patrick Z. Perez.
3 Also referred to in the records as "Beaune Villaraza."
4 Id. at 25-26.
5Rollo, p. 17.
6People v. De la Cruz, 591 Phil. 259, 269 (2008).
7People v. Ismael, 806 Phil. 21 (2017).
8 Effective 30 July 2014. Section 21 (a), as amended by RA 10640, now reads:x x x x9People v. Catalan, 699 Phil. 603 (2012).
(1) The apprehending team having initial custody and control of the dangerous drugs, controlled precursors and essential chemicals, instruments/paraphernalia and/or laboratory equipment shall, immediately after seizure and confiscation, conduct a physical inventory of the seized items and photograph the same in the presence of the accused or the persons from whom such items were confiscated and/or seized, or his/her representative or counsel, with an elected public official and a representative of the National Prosecution Service or the media 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, finally, 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 and custody over said items.
x x x x
10People v. Lim, G.R. No. 231989, 4 September 2018, citing People v. Sipin, G.R. No. 224290, 11 June 2018.
11 CA rollo, pp. 86-87, citing TSN dated 22 August 2013, pp. 3-12.
12People v. Lim, G.R. No. 231989, 4 September 2018, citing People v. Ramos, G.R. No. 233744, 28 February 2018.
13People v. Callejo, G.R. No. 227427, 6 June 2018.
14People v. Bartolini, 791 Phil. 626 (2016).
15People v. Cadungog, G.R. No. 229926, 3 April 2019, citing People v. Oliva, G.R. No. 234156, 7 January 2019; People v. Malana, G.R. No. 233747, 5 December 2018; People v. Ilagan, G.R. No. 227021, 5 December 2018; People v. Medina, G.R. No. 225747, 5 December 2018; People v. Dela Cruz, G.R. No. 225741, 5 December 2018; People v. Torio, G.R. No. 225780, 3 December 2018; People v. Tumangong, G.R. No. 227015, 26 November 2018; People v. Abdula, G.R. No. 212192, 21 November 2018; People v. Señeres, Jr., G.R. No. 231008, 5 November 2018; People v. Jimenez, G.R. No. 230721, 15 October 2018; People v. Mendoza, G.R. No. 225061, 10 October 2018; People v. Lim, G.R. No. 231989, 4 September 2018.
16People v. Bartolini, supra.
17 Supra.