SECOND DIVISION
G.R. No. 243639, September 18, 2019
PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, v. JOSE RASOS, JR. Y PADOLLO @ "JOSE", ACCUSED-APPELLANT.
D E C I S I O N
CAGUIOA, J.:
Given the very nature of the anti-illegal drugs campaign, the nature of entrapment and buy-bust operations, the usual practice of utilizing unreliable characters as informants, and the great ease by which drug specimen can be planted in the pockets or hands of unsuspecting persons, most of whom come from the marginalized sectors of society, the propensity for police abuse is great. This is precisely why the innocent is provided refuge under the protective mantle of the law – through the mandatory requirements laid down in Republic Act No. 9165, as amended. The instant case is yet another example of how the lowly, through the majesty of the law, triumphs over the daunting and all-powerful prosecutorial power of the State.
In two (2) separate Informations filed before the RTC of Manila, [Rasos, Jr.] was charged with violations of Section 5 and Section 11, Article II of R.A. No. 9165 committed as follows:Criminal Case No. 15-319894
That on or about September 12, 2015, in the City of Manila, Philippines, the said accused, not being authorized by law to sell, trade, deliver or give away to another any dangerous drug, did then and there willfully, unlawfully and knowingly sell, or offer for sale one (1) heat-sealed transparent plastic sachet containing ZERO POINT ZERO SIX ONE (0.061) [gram] of white crystalline substance marked as "JRP" known as "SHABU" containing methamphetamine hydrochloride, a dangerous drug.
Contrary to law.Criminal Case No. 15-319895
That on or about September 12, 2015, in the City of Manila, Philippines, the said accused, not having been authorized by law to possess any dangerous drug, did then and there willfully, unlawfully, and knowingly have in his possession and under his custody and control one (1) heat-sealed transparent plastic sachet containing white crystalline substance weighing ZERO POINT ZERO NINE EIGHT (0.098) gram of methamphetamine hydrochloride marked as "JRP-1", otherwise known as "SHABU", a dangerous drug.
Contrary to law.
Upon arraignment on October 8, 2015, [Rasos, Jr.], with the assistance of counsel, pleaded not guilty to the crimes charged.
Trial on the merits ensued thereafter.
The prosecution presented four (4) witnesses, namely: poseur-buyer PO2 Jesse Garchitorena [(PO2 Garchitorena)]; back-up operative PO2 Eric de Guzman [(PO2 De Guzman)]; police investigator PO2 Bernie Rusiana; and Police Inspector Jeffrey Reyes, a forensic chemist at the Manila Police District Crime Laboratory Office.
The testimony of PI Jeffrey Reyes was dispensed with after both parties agreed to stipulate on the following: (a) his qualification as an expert forensic chemical officer; (b) the receipt of the letter-request for laboratory examination, together with the two (2) heat-sealed plastic sachets marked as "JRP" and "JRP1"; (c) he conducted a qualitative examination on the said specimens; (d) the result of his examination was reflected in Chemistry Report No. D-882-15 dated September 12, 2015; and (e) he submitted the said pieces of evidence to the court on February 18, 2016.
The version of the prosecution may be summarized as follows:
In the evening of September 11, 2015, a confidential asset reported to the Station Anti-Illegal Drugs-Special Operation Task Unit (SAID-SOTU) of the Manila Police District-Ermita Police Station (PS-5), the illegal drug trade activity of [Rasos, Jr.] along L. Guerrero St., Ermita, Manila. Immediately thereafter, a buy-bust team was formed to entrap [Rasos, Jr.], with SPO4 Rowell Robles as team leader and PO2 Garchitorena as poseur-buyer, together with six (6) other police officers as back-up operatives. A Pre-Operation Report and Authority to Operate were sent to the Philippine Drug Enforcement Agency (PDEA). Upon receipt of the documents, the PDEA faxed Control No. 10001-042015-0154 authorizing the buy-bust team to proceed with the operation. During the briefing, poseur-buyer PO2 Garchitorena was given two (2) pieces of PI00 bill bearing his initials "JC" to be used as buy-bust money. It was agreed that PO2 Garchitorena will remove his cap after the sale transaction.
At 3:00 o'clock in the morning of September 12, 2015, PO2 Garchitorena and the confidential informant proceeded to the target area on board a motorcycle while the rest of the team strategically positioned themselves nearby. PO2 Garchitorena and the confidential informant alighted from the motorcycle then walked towards [Rasos, Jr.]. Upon seeing the confidential informant, [Rasos, Jr.] approached them. After a short conversation, the confidential informant introduced PO2 Garchitorena to [Rasos, Jr.] as a buyer of shabu. Noticing the big physique of PO2 Garchitorena, [Rasos, Jr.] asked him, "Ano ito? Gagamitin mo pampayat? " [Rasos, Jr.] answered, "Hindi bibili long ako panggamit, dalawang tarya". [Rasos, Jr.] then pulled out from his pocket two (2) plastic sachets of shabu. PO2 Garchitorena gave the two (2) pieces of P100 bill to [Rasos, Jr.]. [Rasos, Jr.] made PO2 Garchitorena choose between the two (2) plastic sachets of shabu. After PO2 Garchitorena picked one (1) plastic sachet of shabu, [Rasos, Jr.] placed the money and the remaining plastic sachet in his pocket. At the conclusion of the transaction, PO2 Garchitorena removed his cap which was the pre-arranged signal to his teammates that the sale has already been consummated. Seeing this, the back-up operatives rushed to the crime scene, introduced themselves as police officers and effected the arrest of [Rasos, Jr.]. PO2 Garchitorena directed [Rasos, Jr.] to empty his pockets, to which he obliged. As a result thereof, the two (2) pieces P100 bill buy-bust money and a plastic sachet of shabu was recovered from [Rasos, Jr.]. As the rain then started to pour, the team decided to conduct the marking and inventory of the seized evidence at the police station. PO2 Garchitorena held in his custody the two (2) plastic sachets of shabu until it was brought to the police station.
At the police station, PO2 Garchitorena marked the two (2) plastic sachets as "JRP" and "JRP-1". He also prepared an Inventory of the Property Seized in the presence of [Rasos, Jr.], with a certain Robert Amoroso, a member of the MPD Press Corps, signing the inventory as a witness. [Rasos, Jr.] together with the pla[s]tic sachet and buy-bust money, was also photographed. The police officers likewise prepared the Booking Sheet and Arrest Report of [Rasos, Jr.] All the pieces of evidence were then turned over to police investigator PO2 Bernie Rusiana. Thereafter, Station Commander Police Superintendent Albert Barot signed the letter-request dated September 12, 2015 addressed to the MPD Crime Laboratory Office to determine the presence of any form of dangerous drugs in the items seized from [Rasos, Jr.]. PO2 Garchitorena delivered the letter-request and the specimens to the MPD Crime Laboratory Office which were received by PI Jeffrey Reyes, a forensic chemist, at 3:25 p.m. of September 12, 2015 as shown by the rubber stamped delivery receipt on the letter.
In Chemistry Report No: D-882-15 dated September 12, 2015, PI Reyes found that the plastic sachet marked as "JRP" weighing zero point zero six one (0.061) gram as well as the other plastic sachet marked as "JRP-1" weighing zero point zero nine eight (0.098) gram, both tested positive for methamphetamine hydrochloride or shabu.
For the defense, [Rasos, Jr.] and his live-in partner Sanilyn Rasos were presented as witnesses.
[Rasos, Jr.] offered the defenses of denial and extortion. He alleged that at 3:00 a.m. of September 12, 2015, he was soundly sleeping at his house when several men in civilian clothes who introduced themselves as police officers, suddenly stormed inside and arrested him. [Rasos, Jr.] was brought to Police Station 5 where he was placed in a detention cell. He was shocked when the police officers showed him the two (2) plastic sachets of shabu that were allegedly confiscated from him. It was only a day after his arrest that he learned that he had been charged with violations of Sections 5 and 11 of R.A. No. 9165.
Sanilyn Rasos testified that she and [Rasos, Jr.] were asleep in their room at the second floor of their house when two (2) men in civilian clothes barged in and ordered them to go downstairs. [Rasos, Jr.] was handcuffed and bodily searched but nothing was recovered from him. She came to know that [Rasos, Jr.] was arrested because a confidential informant reported him to be selling shabu. Before proceeding to the police station, a police officer demanded from her P5,000.00 for [Rasos, Jr.'s] freedom. As she was unable to produce the said amount, the charges of illegal sale and possession of dangerous drugs were pursued against [Rasos, Jr.].6
Premises considered[,] in Criminal Case No. 15-319894, the Court finds the accused Jose Rasos y Padollo GUILTY beyond reasonable doubt of the offense of violation of Section 5, RA 9165 and hereby imposes on him the penalty of LIFE IMPRISONMENT and to pay a fine of FIVE HUNDRED THOUSAND PESOS (Php500,000.00).
On the ground of reasonable doubt, accused Jose Rasos y Padollo is ACQUITTED of the charge of violation of Section 11, RA 9165 in Criminal Case No. 15-319895.
The ZERO POINT ZERO SIX ONE (0.061) gram of shabu and ZERO POINT ZERO NINE EIGHT (0.098) gram of shabu subject of the instant criminal cases are ordered confiscated in favor of the government.
SO ORDERED.7
WHEREFORE, premises considered, the instant appeal is hereby DENIED. The Judgment dated July 14, 2017 of the Regional Trial Court, Branch 20, Manila is AFFIRMED.
SO ORDERED.9
The presence of the witnesses from the DOJ, media, and from public elective office is necessary to protect against the possibility of planting, contamination, or loss of the seized drug. Using the language of the Court in People v. Mendoza,18 without the insulating presence of the representative from the media or the DOJ and any elected public official during the seizure and marking of the drugs, the evils of switching, "planting" or contamination of the evidence that had tainted the buy-busts conducted under the regime of RA No. 6425 (Dangerous Drugs Act of 1972) again reared their ugly heads as to negate the integrity and credibility of the seizure and confiscation of the subject sachet that was evidence of the corpus delicti, and thus adversely affected the trustworthiness of the incrimination of the accused.
The presence of the three witnesses must be secured not only during the inventory but more importantly at the time of the warrantless arrest. It is at this point in which the presence of the three witnesses is most needed, as it is their presence at the time of seizure and confiscation that would belie any doubt as to the source, identity, and integrity of the seized drug. If the buy-bust operation is legitimately conducted, the presence of the insulating witnesses would also controvert the usual defense of frame-up as the witnesses would be able to testify that the buy-bust operation and inventory of the seized drugs were done in their presence in accordance with Section 21 of RA 9165.
The practice of police operatives of not bringing to the intended place of arrest the three witnesses, when they could easily do so — and "calling them in" to the place of inventory to witness the inventory and photographing of the drugs only after the buy-bust operation has already been finished — does not achieve the purpose of the law in having these witnesses prevent or insulate against the planting of drugs.
To restate, the presence of the three witnesses at the time of seizure and confiscation of the drugs must be secured and complied with at the time of the warrantless arrest; such that they are required to be at or near the intended place of the arrest so that they can be ready to witness the inventory and photographing of the seized and confiscated drugs "immediately after seizure and confiscation."19 (Emphasis supplied)
Under the last paragraph of Section 21 (a), Article II of the IRR of R.A. No. 9165, a saving mechanism has been provided to ensure that not every case of non-compliance with the procedures for the preservation of the chain of custody will irretrievably prejudice the Prosecution's case against the accused. To warrant the application of this saving mechanism, however, the Prosecution must recognize the lapse or lapses, and justify or explain them. Such justification or explanation would be the basis for applying the saving mechanism. Yet, the Prosecution did not concede such lapses, and did not even tender any token justification or explanation for them. The failure to justify or explain underscored the doubt and suspicion about the integrity of the evidence of the corpus delicti. With the chain of custody having been compromised, the accused deserves acquittal, x x x.23 (Emphasis supplied)
Q And you will agree with me that the inventory that you earlier identified does not reflect the signature of the accused as witness?
A Yes, ma'am. He did not.30
Q Were photographs taken during the inventory and markings of the recovered items? A None[,] ma'am.32 (Emphasis supplied)
x x x We should remind ourselves that we cannot presume that the accused committed the crimes they have been charged with. The State must fully establish that for us. If the imputation of ill motive to the lawmen is the only means of impeaching them, then that would be the end of our dutiful vigilance to protect our citizenry from false arrests and wrongful incriminations. We are aware that there have been in the past many cases of false arrests and wrongful incriminations, and that should heighten our resolve to strengthen the ramparts of judicial scrutiny.
Nor should we shirk from our responsibility of protecting the liberties of our citizenry just because the lawmen are shielded by the presumption of the regularity of their performance of duty. The presumed regularity is nothing but a purely evidentiary tool intended to avoid the impossible and time-consuming task of establishing every detail of the performance by officials and functionaries of the Government. Conversion by no means defeat the much stronger and much firmer presumption of innocence in favor of every person whose life, property and liberty comes under the risk of forfeiture on the strength of a false accusation of committing some crime.39 (Emphasis and underscoring supplied)
Endnotes:
* Designated as Acting Chief Justice per Special Order No. 2703 dated September 10, 2019.
1Rollo, pp. 19-21; see Manifestation and Notice of Appeal dated August 16, 2018.
2 Id. at 2-18. Penned by Associate Justice Ramon R. Garcia with Associate Justices Myra V. Garcia-Fernandez and Germano Francisco D. Legaspi, concurring.
3 Thirteenth Division.
4 CA rollo, pp. 52-60. Penned by Presiding Judge Marivic Balisi-Umali.
5 Entitled "AN ACT INSTITUTING THE COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002, REPEALING REPUBLIC ACT NO, 6425, OTHERWISE KNOWN AS THE DANGEROUS DRUGS ACT OF 1972, AS AMENDED, PROVIDING FUNDS THEREFOR, AND FOR OTHER PURPOSES" (2002).
6Rollo, pp. 3-7.
7 CA rollo, p. 60.
8 Id. at 59-60.
9Rollo, pp. 18.
10 Id. at 11.
11People v. Opiana, 750 Phil. 140, 147 (2015).
12People v. Guzon, 719 Phil. 441, 451 (2013).
13People v. Mantalaba, 669 Phil. 461, 471 (2011).
14 The said section reads as follows:
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. – 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 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 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[.]
15 Entitled "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'" (2014).
16People v. Santos, Jr., 562 Phil. 458, 472 (2007), citing People v. Tan, 401 Phil. 259, 273 (2000).
17 G.R. No. 228890, April 18, 2018, 862 SCRA 131.
18 736 Phil. 749, 764 (2014).
19People v. Tomawis, supra note 17 at 149-150.
20 Italics and underscoring supplied.
21 See People v. Sumili, 753 Phil. 342, 352 (2015).
22 797 Phil. 671 (2016).
23 Id. at 690-691.
24 IRR Guidelines, Section A.1.10. (Emphasis supplied.)
25Rollo, p. 16.
26 Records, p. 5.
27 IRR Guidelines, Section A.1.6.
28 See Committee Report No. 88 on House Bill Number 2285, House of Representatives, 16th Congress.
29 Records, p. 12.
30 TSN, May 25, 2016, p. 20.
31 IRR Guidelines, Section A.1.5.
32 TSN dated May 25, 2016, p. 21.
33 Records, p. 13.
34 IRR Guidelines, Section A.1.2. Underscoring supplied.
35 CONSTITUTION, Art. III, Sec. 14, par. (2): "In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved x x x."
36 The Rules of Court provides that proof beyond reasonable doubt does not mean such a degree of proof as excluding possibility of error, produces absolute certainty. Only moral certainty is required, or that degree of proof which produces conviction in an unprejudiced mind. (Rules Of Court, Rule 133, Sec. 2)
37People v. Belocura, 693 Phil. 476, 503-504 (2012).
38 745 Phil. 237 (2014).
39 Id. at 250-251.