FIRST DIVISION
G.R. No. 243589, September 09, 2019
PEOPLE OF THE PHILIPPINES PLAINTIFF-APPELLEE, v. ANDIDATO MAMARINTA AND JACK BATUAN ACCUSED-APPELLANTS.
D E C I S I O N
CARANDANG, J.:
Before Us is an ordinary appeal1 filed by accused-appellants Andidato P. Mamarinta (Mamarinta) and Jack A. Batuan (Batuan; collectively, accused appellants) assailing the Decision2 dated July 26, 2018 of the Court of Appeals (CA) in CA-G.R. CR-HC No. 08215, which affirmed the Judgment3 dated November 23, 2015 of the Regional Trial Court of Pasig City, Branch 164 (RTC), the dispositive portion of which reads:
WHEREFORE:
1. In Criminal Case No. 20483-D, the Court finds the accused (sic) Andidato P. Mamarinta alias "Dato" and Jack A. Batuan alias "Malupiton", GUIILTY beyond reasonable doubt of the crime of selling shabu penalized under Section 5, Article II of RA 9165, and hereby imposes upon them the penalty of life imprisonment and a fine of five hundred thousand pesos (P500,000.00), with all the accessory penalties under the law.
2. In Criminal Case No. 20484, the Court finds accused Andidato P. Mamarinta alias "Data" GUIILTY beyond reasonable doubt of violation of Section 11, Article II of RA 9165, and hereby imposes upon him an indeterminate penalty of imprisonment from twelve (12) years and one (1) day, as minimum, to sixteen (16) years as maximum, and a fine of three hundred thousand pesos (P300,000.00), with all the accessory penalties under the law.
3. In Criminal Case No. 20485, the Court finds accused Jack A. Batuan alias "Malupiton" GUIILTY beyond reasonable doubt of violation of Section 11, Article II of RA 9165, and hereby imposes upon him an indeterminate penalty of imprisonment from twelve (12) years and one (1) day, as minimum, to sixteen (16) years, as maximum, and a fine of three hundred thousand pesos (P300,000.00), with all the accessory penalties under the law.
The five (5) transparent plastic sachets of shabu (Exhibits "W" to "Z" and "AA'') subject matter of these cases are hereby ordered confiscated in favor of the government and turned over to the PDEA for destruction in accordance with law.
SO ORDERED.4 (Emphasis in the original)
Accused: Andidato P. Mamarinta alias "Dato" and Jack A. Batuan alias "Malupiton"
On or about July 19, 2015, in Pasig City, and within the jurisdiction of this Honorable Court, the accused, conspiring and confederating together and both of them mutually helping and aiding one another not being lawfully authorized by law, did then and there willfully, unlawfully and feloniously sell, deliver and give away to PO1 Rodrigo J. Nidoy, Jr., a police poseur-buyer, one (1) heat-sealed transparent plastic sachet containing 0.10 gram of white crystalline substance, which was found positive to the tests for methamphetamine hydrochloride, a dangerous drug, in violation of the said law.
Contrary to law.7Accused: Andidato P. Mamarinta alias "Dato"
On or about July 19, 2015, in Pasig City, and within the jurisdiction of this Honorable Court, the accused, not being lawfully authorized by law, did then and there willfully, unlawfully and feloniously have in his possession, custody and control three (3) heat-sealed transparent plastic sachets each containing the following:
1. B (2RJN/DATO 07/19/2015 – 0.12 gram
2. C (3RJN/DATO 07/19/2015 – 0.12 gram
3. D (4RJN/DATO 07/19/2015 – 0.11 gram
of white crystalline substance, which were found positive to the tests for methamphetamine hydrochloride, a dangerous drug, in violation of the said law.
Contrary to law.8Accused: Jack A. Batuan alis "Malupiton"
On or about July 19, 2015, in Pasig City, and within the jurisdiction of this Honorable Court, the accused, not being lawfully authorized by law, did then and there willfully, unlawfully and feloniously have in his possession, custody and control one (1) heat-sealed transparent plastic sachet containing 0.10 gram of white crystalline substance, which was found positive to the tests for methamphetamine hydrochloride, a dangerous drug, in violation of the said law.
Contrary to law.9
Sec. 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. – x x x
(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 social 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 noncompliance of 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 (Emphasis ours)
Endnotes:
1 CA rollo, pp. 174-175.
2 Penned by Associate Justice Marie Christine Azcarraga-Jacob, with by Associate Justices Celia C. Librea-Leagogo and Samuel H. Gaerlan, concurring; rollo, pp. 2-19.
3 Penned by Presiding Judge Jennifer Albano Pilar; CA rollo, pp. 77-87.
4 Id. at 87.
5 Sec. 5. Sale, Trading, Administration, Dispensation, Delivery, Distribution and Transportation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals. – The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any person, who, unless authorized by law, shall sell, trade, administer, dispense, deliver, give away to another, distribute, dispatch in transit or transport any dangerous drug, including any and all species of opium poppy regardless of the quantity and purity involved, or shall act as a broker in any of such transactions.
6 Sec. 11. Possession of Dangerous Drugs. –The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any person, who, unless authorized by law, shall possess any dangerous drug in the following quantities, regardless of the degree of purity thereof:(1) 10 grams or more of opium;(2) 10 grams or more of morphine;(3) 10 grams or more of heroin; CTEDSI(4) 10 grams or more of cocaine or cocaine hydrochloride;(5) 50 grams or more of methamphetamine hydrochloride or "shabu";(6) 10 grams or more of marijuana resin or marijuana resin oil;(7) 500 grams or more of marijuana; and
(8) 10 grams or more of other dangerous drugs such as, but not limited to, methylenedioxymethamphetamine (MDMA) or "ecstasy", paramethoxyamphetamine (PMA), trimethoxyamphetamine (TMA), lysergic acid diethylamine (LSD), gamma hydroxybutyrate (GHB), and those similarly designed or newly introduced drugs and their derivatives, without having any therapeutic value or if the quantity possessed is far beyond therapeutic requirements, as determined and promulgated by the Board in accordance to Section 93, Article XI of this Act.
Otherwise, if the quantity involved is less than the foregoing quantities, the penalties shall be graduated as follows:
(1) Life imprisonment and a fine ranging from Four hundred thousand pesos (P400,000.00) to Five hundred thousand pesos (P500,000.00), if the quantity of meth amphetamine hydrochloride or "shabu" is ten (10) grams or more but less than fifty (50) grams; (2) Imprisonment of twenty (20) years and one (1) day to life imprisonment and a fine ranging from Four hundred thousand pesos (P400,000.00) to Five hundred thousand pesos (P500,000.00), if the quantities of dangerous drugs are five (5) grams or more but less than ten (10) grams of opium, morphine, heroin, cocaine or cocaine hydro chloride, marijuana resin or marijuana resin oil, methamphetamine hydrochloride or "shabu", or other dangerous drugs such as, but not limited to, MDMA or "ecstasy", PMA, TMA, LSD, GHB, and those similarly designed or newly introduced drugs and their derivatives, without having any therapeutic value or if the quantity possessed is far beyond therapeutic requirements; or three hundred (300) grams or more but less than five hundred (500) grams of marijuana; and (3) Imprisonment of twelve (12) years and one (1) day to twenty (20) years and a fine ranging from Three hundred thousand pesos (P300,000.00) to Four hundred thousand pesos (P400,000.00), if the quantities of dangerous drugs are less than five (5) grams of opium, morphine, heroin, cocaine or cocaine hydrochloride, marijuana resin or marijuana resin oil, methamphetamine hydrochloride or "shabu", or other dangerous drugs such as, but not limited to, MDMA or "ecstasy", PMA, TMA, LSD, GHB, and those similarly designed or newly introduced drugs and their derivatives, without having any therapeutic value or if the quantity possessed is far beyond therapeutic requirements; or less than three hundred (300) grams of marijuana.
7Rollo, p. 3.
8 Records, pp. 3-4.
9 Id. at 4.
10Rollo, p. 5.
11 Id.
12 Id.
13 Id. at 6.
14 Id.
15 Id.
16 CA rollo, p. 81.
17 Id. at 82.
18Rollo, p. 4.
19 Id. at 7.
20 Id.
21 Penned by Presiding Judge Jennifer Albano Pilar; CA rollo, pp. 77-87.
22 Id. at 87.
23 Id. at 86-87.
24 Id. at 86.
25Rollo, pp. 2-19.
26 An Act to Further Strengthen the Anti-Drug Campaign of the Government, amending for the Purpose Section 21 of Republic Act No. 9165, otherwise known as the "Comprehensive Dangerous Drugs Act Of 2002," approved July 15, 2014.
27Rollo, p. 13.
28 Id. at l6.
29 Id.
30 CA rollo, pp. 174-175.
31Rollo, pp. 28, 34.
32 TSN, September 28, 2015, p. 18.
33Limbo v. People, G.R. No. 238299, July 1, 2019; People v. Aure, G.R. No. 237809, January 14, 2019; People v. Misa, G.R. No. 236838, October 1, 2018; People v. Baptista, G.R. No. 225783, August 20, 2018.
34People v. Gutierrez, G.R. No. 236304, November 5, 2018.
35 G.R. No. 231989, September 4, 2018.
36 G.R. No. 224290, June 11, 2018.
37People v. Lim, supra note 35.
38Limbo v. People, supra note 33.
39 G.R. No. 233702, June 20, 2018.
40 Id.
41 TSN, September 21, 2015, pp. 12-13.
42 TSN, September 28, 2015, p. 11.
43 G.R. No. 234773, June 3, 2019.
44 Id.
45 G.R. No. 236838, October 1, 2018.
46 Id.
47 G.R. No. 229671, January 31, 2018.
48 Id.