SECOND DIVISION
G.R. No. 231305, September 11, 2019
PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, v. ALVIN GALISIM Y GARCIA, ACCUSED-APPELLANT.
D E C I S I O N
LAZARO-JAVIER, J.:
The Case
The Charge
On February 21, 2011, two (2) separate Informations were filed against appellant, viz:
The case was raffled to the Regional Trial Court - Branch 164, Pasig City.Criminal Case No. 17436-D
"On or about February 19, 2011, in Pasig City and within the jurisdiction of this Honorable Court, the accused, not being authorized by law, did then and there willfully, unlawfully and feloniously sell, deliver and give away to PO3 Julius Maynigo, a member of Philippine National Police, who acted as a poseur-buyer, one (1) heat-sealed transparent plastic sachet containing two (2) centigrams (0.02 gram) of white crystalline substance, which was found positive to the test of methamphetamine hydrochloride, a dangerous drug, in violation of the said law.
Contrary to law.2"Criminal Case No. 17437-D
"On or about February 19, 2011, in Pasig City and within the jurisdiction of this Honorable Court, the accused, not being lawfully authorized to possess any dangerous drugs, did then and there willfully, unlawfully and feloniously have in his possession and under his custody one (1) heat-sealed transparent plastic sachet containing two (2) centigrams (0.02 gram) of white crystalline substance, which was found positive to the test for Methamphetamine Hydrochloride, a dangerous drug, in violation of the aforesaid law.
Contrary to law.3
- Request for Laboratory Examination dated February 20, 2011;
- Shabu;
- Physical Science Report No. D-54-11 E dated February 20, 2011;
- Buy-bust money;
- Sinumpaang Salaysay of PO3 Richard Coquia;
- Sinumpaang Salaysay of PO3 Maynigo;
- Request for Drug Test Examination dated February 20, 2011;
- Certificate of Inventory dated February 19, 2011;
- Coordination Form dated February 19, 2011;
- Pre-Operation Report dated February 19, 2011; and
- Pictures of the seized items.11
WHEREFORE, judgment is rendered as follows:
1. In Criminal Case No. 17436-D. the Court finds accused Alvin Galisim y Garcia GUILTY beyond reasonable doubt of violation of Section 5, Article II of RA No. 9165, and hereby imposes upon him the penalty of life imprisonment and a fine of five hundred thousand pesos (P 500,000.00).
2. In Criminal Case No. 17437-D, the Court also finds accused Alvin Galisim y Garcia GUILTY beyond reasonable doubt of violation of Section 11, Article II of RA No. 9165, and hereby imposes upon him indeterminate penalty of imprisonment from twelve (12) years and one (1) day, as the minimum term, to fifteen (15) years, as the maximum term, and to pay a fine of three hundred thousand pesos (P 300,000.00).
SO ORDERED.
WHEREFORE, the instant APPEAL is hereby DENIED. Accordingly, the Decision dated December 12, 2013 in Criminal Cases No. 17436-D and 17437-D of the Regional Trial Court, which adjudged accused-appellant ALVIN GALISIM y GARCIA guilty beyond reasonable doubt for violation of Sections 5 and 11, Article II of Republic Act No. 9165 is hereby AFFIRMED.
SO ORDERED.
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 seized, seized and/or surrendered, for proper disposition in the following manner:Its Implementing Rules and Regulations further states:
(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 added)xxx xxx
Section 21. (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 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, (emphases added)In illegal drugs cases, the drug itself constitutes the corpus delicti of the offense. The prosecution is, therefore, tasked to establish that the substance illegally sold by the accused is the same substance presented in court.21
Q: After removing the bullcup, what happened?
A: I kept the plastic sachet of shabu that I was able to buy from and then held him.
Q: Where did you keep that transparent plastic sachet of shabu that you bought from the accused?
A: In my pocket.
Q: What pocket?
A: Left pocket.
Q: Were you able to identify the person who sold you that shabu?
A: Yes, ma'am.
Q: What was his name?
A: Alvin Galisim.xxx xxx
Q: After keeping the shabu in your left pocket and arrested the accused, what happened next?
A: I also confiscated the other plastic sachet of shabu from his hand but at that time he was already resisting arrest and he was shouting and so my backup arrived and assisted me in pacifying him.
Q: What was the name of your back up?
A: PO3 Richard Coquia.
Q: What happened to the second plastic sachet that you confiscated from the accused?
A: I also kept it in my pocket.
Q: What happened next after you got hold of that plastic sachet?
A: I introduced myself as police officer and he resisted arrest and then my back up Coquia arrived and assisted me and we were able to handcuff him.
Q: What happened next after that?
A: When we managed to handcuff the accused and pacified him, Coquia frisked him and he was able to confiscate the two hundred pesos buy bust money from the accused and one caliber [.]30 bullet.
Q: What happened to the two plastic sachets that you kept in your pocket?
A: Our companion produced a document and we prepared the inventory and we indicated the two plastic sachets that we confiscated from the accused.
Q: Who made the inventory?
A: Ako po ma'am.
Q: Where did you make that inventory?
A: At the place of the crime scene, ma'am.
Q: And again [mr.] witness, what are those things that you entered in the inventory form?
A: I marked the first plastic sachet that I got from the accused with my initial JM-the name of the accused Alvin-1 and the numerical date 02-19-2011 and my signature.
Q: When did you put the markings [mr.] witness before the inventory or after the inventory?
A: Before we executed the inventory, I first marked the plastic sachet.
Q: What happened to the other plastic sachet?
A: I placed the same markings, JM-Alvin-2-02-19-2011 with my signature.
Q: Where did you put those markings?
A: I placed it on the masking tape that was placed on the plastic sachet.
Q: Who put the masking tape?
A: Ako po.
Q: Where did you put the markings?
A: At the scene of the crime.
Q: Where was the accused when you put the markings?
A: Katabi ko po.
Q: Mr. witness you said that you put the two plastic sachets on your pocket. How were you able to distinguish the first from the second sachet?
A: Iyong nasa ilalim, iyon ang buy bust na plastic sachet.
Q: And the second one?
A: The first was put deeper into my pocket and the second one was put in a shallow place.
Q: What were the contents of the first plastic sachet. The first plastic sachet that you bought from the accused?
A: Meron po siyang laman na white crystalline substance.
Q: What about the second sachet?
A: The same.
Q: What was that?
A: Shabu po ma'am.
Q: And after you made the markings, what happened next?
A: Akin pong isinulat sa inventory form.
Q: What did you indicate?
A: Pangalan ng suspect Alvin Galisim, saka iyong lugar, saka iyong first plastic sachet na JM-Alvin-1-02-19-2011 at iyong second sachet ganoon din ang isinulat ko.25xxx xxx
Q: While making this marking (sic), where was the accused at that time?
A: Nasa crime scene din po si Alvin. Sa lugar na pinaghulihan naming sa kanya.
Q: If shown to you the certificate of inventory, would you be able to identify the same?
A: Yes ma'am.
Q: I am showing to you the certificate of inventory dated February 19, 2011, can you please go over this certificate of inventory and tell us what is the relation of that document to the one you testified?
A: This is the same.xxx xxx
Q; What happened next after you accomplished the certificate of inventory?
A: We brought Alvin to our office.
Q: What about the specimen?
A: It was with me.
Q: Why did (sic) keep that specimen. At the scene of the crime, where was the specimen?
A: It was with me.
Q: From the scene of the crime to your office, who was in custody of the seized evidence?
A: I am.26xxx xxx
Q: Where was your office again that time?
A: EPD Annex, Meralco Avenue, Pasig City27
The arresting officers' testimonies, on their face, bear how the chain of custody here had been breached in several instances.xxx xxx
Q: After arriving at your office, what happened next?
A: When we arrived at our office, we immediately informed our investigator, PO3 Nelson Cruz about the incident, ma'am.
Q: So what happened next?
A: We showed him the evidence confiscated, ma'am.
Q: So after that, what happened next, Mr. Witness?
A: We showed the evidence confiscated to the investigator. I took a picture of the evidences inside our office, ma'am.
Q: What device did you use in taking pictures of the recorded evidence?
A: Digicam, Kodak, ma'am.28
The presence of the three (3) required representatives, together with the accused, is mandated by law. Failure to comply with this requirement shall result in the acquittal of the accused. In the case of People v. Mendoza33 the Court emphasized that the presence of these personalities is an insulation against the evils of switching, planting, or contamination of evidence. While non-compliance may be allowed under justifiable circumstances, jurisprudence states that prosecution must show that the PDEA operatives exerted earnest efforts to comply with the procedure.34xxx xxx
Q: What happened to the two plastic sachets that you kept in your pocket?
A: Our companion produced a document and we prepared the inventory and we indicated the two plastic sachets that we confiscated from the accused.
Q: Who made the inventory?
A: Ako po ma'am.
Q: Where did you make that inventory?
A: At the place of the crime scene, ma'am.
Q: And again [mr.] witness, what are those things that you entered in the inventory form?
A: I marked the first plastic sachet that I got from the accused with my initial JM-the name of the accused Alvin-1 and the numerical date 02-19-2011 and my signature.
Q: When did you put the markings [mr.] witness before the inventory or after the inventory?
A: Before we executed the inventory, I first marked the plastic sachet.
Q: What happened to the other plastic sachet? I
A: I placed the same markings, JM-Alvin-2-02-19-2011 with my signature.
Q: Where did you put those markings?
A: I placed it on the masking tape that was placed on the plastic sachet.
Q: Who put the masking tape?
A: Ako po.
Q: Where did you put the markings?
A: At the scene of the crime.
Q: Where was the accused when you put the markings?
A: Katabi ko po.
Q: Mr. witness you said that you put the two plastic sachets on your pocket. How were you able to distinguish the first from the second sachet?
A: Iyong nasa ilalim, iyon ang buy bust na plastic sachet.
Q: And the second one?
A: The first was put deeper into my pocket and the second one was put in a shallow place.
Q: What were the contents of the first plastic sachet. The first plastic sachet that you bought from the accused?
A: Meron po siyang laman na white crystalline substance.
Q: What about the second sachet?
A: The same.
Q: What was that?
A: Shabu po ma'am.
Q: And after you made the markings, what happened next?
A: Akin pong isinulat sa inventory form.
Q: What did you indicate?
A: Pangalan ng suspect Alvin Galisim, saka iyong lugar, saka iyong first plastic sachet na JM-Alvin-1 -02-19-2011 at iyong second sachet ganoon din ang isinulat ko.29xxx xxx
Q: While making this marking, where was the accused at that time?
A: Nasa crime scene din po si Alvin. Sa lugar na pinaghulihan naming sa kanya.
Q: If shown to you the certificate of inventory, would you be able to identify the same?
A: Yes ma'am.
Q: I am showing to you the certificate of inventory dated February 19, 2011, can you please go over this certificate of inventory and tell us what is the relation of that document to the one you testified?
A: This is the same.30xxx xxx
Q: What happened next after you accomplished the certificate of inventory?
A: We brought Alvin to our office.
Q: What about the specimen?
A: It was with me.
Q: Why did (sic) keep that specimen. At the scene of the crime, where was the specimen?
A: It was with me.
Q: From the scene of the crime to your office, who was in custody of the seized evidence?
A: I am.31xxx xxx
Q: Where was your office again that time?
A: EPD Annex, Meralco Avenue, Pasig City.32
What the law requires is that the drugs must be photographed at the place of apprehension and/or seizure in the presence of the three (3) required witnesses.xxx xxx
Q: After arriving at your office, what happened next?
A: When we arrived at our office, we immediately informed our investigator, PO3 Nelson Cruz about the incident, ma'am.
Q: So what happened next?
A; We showed him the evidence confiscated, ma'am.
Q: So after that, what happened next, Mr. Witness?
A: We showed the evidence confiscated to the investigator. I took a picture of the evidences inside our office, ma'am.
Q: What device did you use in taking pictures of the recorded evidence?
A: Digicam, Kodak, ma'am.37 (emphasis supplied)
The buy-bust team allowed thirteen (13) hours to lapse from the time of arrest before turning over the seized items to PCI Cariño at the EPD Crime Laboratory in Marikina City. The lapse of thirteen (13) hours, thus, created doubt on the identity and integrity of the corpus delicti.xxx xxx
On Cross-examination:
ATTY. SONGCO:
Q: By the way, Mr. Witness, what was the time of the arrest?
A: On or about 11:55 p.m., ma'am.
Q: And what was the time the specimen and the request were delivered to the EDP Crime Laboratory?
A: Past 3:00 o'clock in the afternoon of February 20, 2011, ma'am.
Q: And that would be thirteen (13) hours after the arrest. Am I correct?
A: Yes, ma'am.
Q: After the arrest and you went to your office, did you handle cases other than this one?
A: I cannot recall, ma'am, because I was transferred to explosive ordinance.
Q: Did you go home on February 20, 2011?
A: Yes, ma'am.xxx xxx
On Re-direct Examination:
PROS. MADAMBA:
Q: You said that you went to the EPD Crime Laboratory in Marikina around 3:00?
A: Past 3:00, ma'am.
Q: That was February 20?
A: Yes, ma'am.
Q: You also said that you went to your house on February 20. What time did you go to your house?
A: In the evening, ma'am.
Q: So, after you went to EPD Crime Laboratory in Marikina, that was the only time that you went to your house?
A: Yes, ma'am.
Q: When you arrested the accused and you brought him to your office and you bought him to EPD Crime Laboratory in Marikina, did you handle any other case aside from this from that duration of time?
A: None, ma'am.42
Endnotes:
1 Penned by Associate Justice Eduardo B. Peralta, Jr. and concurred in by Associate Justices Noel G. Tijam and Francisco P. Acosta, all members of the Fourth Division, rollo, pp. 2-11.
2 Record, Criminal Case No. 17436-D, pp. 1-2.
3Id.
4 TSN, June 26, 2012, pp. 2-13.
5 TSN, July 23, 2013, pp. 2-21.
6 TSN, June 26, 2012, pp. 2-13; TSN, July 23, 2013, pp. 2-21.
7 TSN, September 18, 2012, pp. 2-19.
8 TSN, June 26, 2012, pp. 2-13; TSN, July 23, 2013, pp. 2-21.
9 Specimens A (JM-Alvin-1-02-19-2011 with signatures) and B (JM-Alvin-2-02-19-2011 with signatures) - Two (2) heated transparent plastic sachets each with 0.02 gram of white crystalline substances; See Physical Sciences Report D-54-11E dated February 20, 2011; Record, p. 80.
10 Record, p. 80.
11 Record, pp. 72-91.
12 TSN, November 21, 2013, pp. 2-14.
13 Id. at 14.
14 CA rollo, pp. 8-15.
15 Accused-Appelllant's Brief dated September 30, 2014; CA rollo, pp. 30-40.
16 Plaintiff-Appellee's Brief dated January 27, 2015; CA rollo, pp. 73-83.
17Rollo, pp. 2-11.
18Id.
19Id. at 17-18.
20 Manifestation (In Lieu of Supplemental Brief) dated October 24, 2017 filed by Office of the Solicitor General; rollo, pp. 19-21; and Manifestation (In Lieu of a Supplemental Brief) dated November 2, 2017 filed by the Public Attorney's Office; rollo, pp. 23-25.
21People v. Calvelo, G.R. No. 223526, December 6, 2017, 848 SCRA 225, 243-244.
22 As defined in Section l(b) of Dangerous Drugs Board Regulation No. 1, Series of 2002:23People v. Dahil, 750 Phil. 212, 231 (2015).xxxx
b. "Chain of Custody" means the duly recorded authorized movements and custody of seized drugs or controlled chemicals or plant sources of dangerous drugs or laboratory equipment of each stage, from the time of seizure/confiscation to receipt in the forensic laboratory to safekeeping to presentation in court for destruction. Such record of movements and custody of seized item shall include the identity and signature of the person who held temporary custody of the seized item, the date and time when such transfer of custody were made in the course of safekeeping and use in court as evidence, and the final disposition[.]xxxx
24People v. Hementiza, 807 Phil. 1017, 1026 (2017).
25 TSN, September 18, 2012, pp. 4-8.
26 Id. at 13.
27Id. at 15.
28 TSN, July 23, 2012, p. 17.
29 TSN, September 18, 2012, pp. 6-8.
30Id. at 11-12.
31Id. at 13-14.
32Id. at 15.
33 736 Phil. 749, 761 (2014).
34 citing People v. Miranda, G.R. No. 229671, January 31, 2018.
35 G.R. No. 219175, December 14, 2017, 849 SCRA 294.
36 G.R. No. 222559, June 6, 2018. "TSN, July 23, 2012, p. 17.
38 Supra note 36.
39People v. Tampan, G.R. No. 222648, February 13, 2019.
40 TSN, September 18, 2012, p. 14-16.
41 TSN, March 12, 2013, p. 4.
42 Id. at 5.
43People v. Ubungen y Pulido, G.R. No. 225497, July 23, 2018.
44 Id.
45 RTC Judgment dated December 12, 2013; CA rollo, pp. 8-15.
46 See Antonio Jocson y Cristobal v. People, G.R. No. 199644, June 19, 2019.
47People v. Lim, G.R. No. 231989, September 04, 2018.
48 See People v. Abetong, 735 Phil. 476, 485 (2014).
49 See Section 21 (a), Article II, of the IRR of RA 9165.
50Largo v. People, G.R. No. 201293, June 19, 2019, citing People v. Luna, G.R. No. 219164, March 21, 2018.
51 Supra note 46.
52 Section 3 (m), Rule 131, Rules of Court.
53People v. Cabiles, 810 Phil. 969, 976 (2017).