That on or about the 15th day of June 2005, in Quezon City, Philippines, the said accused, conspiring, confederating with other person whose true name and identity have not as yet been ascertained and mutually helping each other, not being authorized by law to sell, dispense, deliver, transport or distribute any dangerous drug, did, then and there, willfully and unlawfully sell, dispense, deliver, transport, distribute or act as broker in the said transaction, ZERO POINT TWELVE (0.12 gm.) of white crystalline substance containing Methylamphetamine Hydrochloride, a dangerous drug.
CONTRARY TO LAW.3
That on or about the 15th day of June 2005, in Quezon City, Philippines, the said accused, conspiring, confederating with other person whose true name and identity have not yet been ascertained and mutually helping each other, not being authorized by law [to] possess or use any dangerous drug, did, then and there, willfully, unlawfully and knowingly have in her possession and control, ZERO POINT TWENTY SEVEN (0.27 gm.) of white crystalline substance containing Methylamphetamine Hydrochloride, a dangerous [drug].
CONTRARY TO LAW.4
(1) In Criminal Case No. Q-05-135151:
WHEREFORE, premises considered, the Court finds accused NENE QUIMANLON [sic] Y MALOG GUILTY beyond reasonable doubt of Violation of SECTION 5, ARTICLE II of Republic Act 9165, otherwise known as the Comprehensive Dangerous Drugs Act of 2002. She is hereby sentenced to suffer the penalty of life imprisonment and is ordered to pay a fine of Five Hundred Thousand Pesos (P500,000.00), Philippine Currency plus the costs of the suit.
(2) In Criminal Case No. Q-05-135152
WHEREFORE, premises considered, the Court finds accused NENE QUIMANLON [sic] Y MALOG GUILTY beyond reasonable doubt of Violation of SECTION 11, ARTICLE II of Republic Act 9165, otherwise known as the Comprehensive Dangerous Drugs Act of 2002. She is hereby sentenced to suffer the penalty of imprisonment of twelve (12) years and one (1) day as minimum to fourteen (14) years and nine (9) months of reclusion temporal as maximum and to pay the fine of THREE HUNDRED THOUSAND PESOS (P300,000.00), Philippine Currency plus the costs of the suit.
Considering that the accused is a detention prisoner, her period of detention shall be properly credited in the service of her sentence in strict conformity with the provisions of Article 29 of the Revised Penal Code.
The dangerous drugs submitted as evidence in these cases is hereby ordered to be transmitted to the Philippine Drug Enforcement Agency (PDEA), for destruction and/or disposition in strict conformity with the provisions of our laws, rules and regulations on the matter.
SO ORDERED.16
In the instant case, the sale of the illegal substance was adequately established by the testimony of PO3 Villamor who acted as the poseur buyer during the buy-bust operation. Relative to PO3 Villamor's testimony as to his own personal knowledge of the sale that took place was his positive identification of the appellant as the offender. He likewise testified on the other items (shabu) which appellant had in her possession. PO3 Villamor's testimony was corroborated by PO3 Magcalayo who testified that after he saw PO3 Villamayor [execute] the pre-arranged signal, they rushed to the scene and arrested the appellant; that right after appellant's arrest, he recovered the buy-bust money from her and brought appellant to the police station for investigation. Thus, the testimonies of the prosecution witnesses established that appellant was caught in the act of selling a sachet containing substances which turned out to be positive for shabu, the arrest, being a result of an entrapment operation conducted by the police operatives on the basis of information received from a confidential informant regarding appellant's illegal trade. On the other hand, the confiscated shabu found in her possession, being a result of a search incident to her lawful warrantless arrest [is] therefore, admissible in evidence against her.18 (Citations omitted.)
WHEREFORE, finding no reversible error in the decision appealed from, We hereby AFFIRM the same and DISMISS the instant appeal.
SO ORDERED.21
I
THE TRIAL COURT GRAVELY ERRED IN RENDERING A VERDICT OF CONVICTION DESPITE THE PROSECUTION'S FAILURE TO PROVE THE GUILT OF THE ACCUSED-APPELLANT BEYOND REASONABLE DOUBT.II
THE TRIAL COURT ERRED IN CONVICTING THE ACCUSED-APPELLANT DESPITE THE PROSECUTION'S FAILURE TO ESTABLISH THE CHAIN OF CUSTODY OF THE ALLEGED SHABU.
All in all, we find the evidence of the prosecution to be more credible than that adduced by accused-appellant. When it comes to credibility, the trial court's assessment deserves great weight, and is even conclusive and binding, if not tainted with arbitrariness or oversight of some fact or circumstance of weight and influence. The reason is obvious. Having the full opportunity to observe directly the witnesses' deportment and manner of testifying, the trial court is in a better position than the appellate court to evaluate testimonial evidence properly. (Emphasis supplied; citations omitted.)
QUESTION -
Mr. Witness, do you know the accused in these cases, Nene Quiamanlon y Malog?
ANSWER-
After the apprehension, Sir.
Q- Now, will you please look around and tell us if she is inside the Court Room?
A- (After looking around inside the Court Room) Yes, Sir.
Q- Will you point to the accused you apprehended?
INTERPRETER:
Witness pointing to a woman seated inside the Court Room, who, when asked her name, answered "Nene Quiamanlon".
ACP DELA CRUZ: (on direct examination)
QUESTION-
When did you arrest the accused?
ANSWER-
June 15, 2005, Sir.
Q- Where did you arrest the accused?
A- In front of KFC Food Chain located at Welcome Rotonda, Galas, Quezon City, Sir.
Q- And what was her specific violation or offense for which reason you arrested her?
A- For violation of Section 5 of RA 9165, for selling dangerous drug, Sir.
Q- To whom did this accused sell this dangerous drug?
A- To the undersigned PO3 Villamor, Sir.
Q- How did it happen that she sold to you this particular drug?
A- Through the help of our Confidential Informant, Sir.
Q- When you say "through the help of our confidential informant", how did it start?
A- The confidential informant came to the Office and informed us about the drug activities of a certain Alias Myrna, Sir.
Q- With that information received by your office, what was the initial reaction of your Office?
A- Immediately, our Chief, DAID, Colonel Ratuita, formed a team to conduct a buy-bust operation, Sir.
ACP DELA CRUZ: (on direct examination)
QUESTION-
Who were the members of the team?
A- Led by Police Chief Inspector Arnold Abad, the members were PO3 Hernandez, PO3 Noel Magcalayo, PO2 Emeterio Mendoza, PO3 Villamor, PO1 Michael Collado and PO2 Paculdar, Sir.
Q- In that particular operation, did you have all these persons you mentioned as your companions in the buy-bust operation?
A- Yes, Sir, together with the informant.
Q- How many all in all proceeded to the place?
A- Nine (9), Sir.
Q- At about what time did you proceed to the place?
A- Six (6:00) P.M. we were dispatched, Sir.
Q- And what is this area called, if you know?
A- KFC Food Chain, Welcome Rotonda, Galas, Quezon City, Sir.
ACP DELA CRUZ: (on direct examination)
QUESTION-
So you proceeded to that area which was at KFC Food Chain, Welcome Rotonda, Galas, Quezon City. By the way, who was the designated poseur-buyer?
ANSWER-
Myself, Sir.
Q- When you arrived in that area, who was the first one to arrive?
A- The undersigned together with the informant, Sir.
Q- You mean you yourself and the informant arrived ahead?
A- Yes, Sir.
Q- What was the position of your men when you arrived, where did you go in relation to the place as well as the confidential informant?
A- We were standing in front of the KFC Food Chain waiting for the arrival of the seller, Sir.
Q- How many minutes did you wait for the seller?
A- About one (1) hour, Sir.
Q- Then what happened after that?
A- Our target Alias Myrna arrived together with a female companion, Sir.
ACP DELA CRUZ: (on direct examination)
QUESTION-
How did you know that the personality or Alias Myrna was the person who arrived?
ANSWER-
Because of the confidential informant who was with us and who told us to wait for the suspect, Sir.
Q- What happened after that waiting together with your confidential informant?
A- The said Alias Myrna approached us, Sir.
Q- From what area of KFC food chain did she approach you?
A- Beside the KFC Food Chain, Sir.
Q- And what happened after that?
A- The confidential informant introduced the suspect Alias Myrna, Sir.
Q- To whom?
A- To the undersigned, Sir.
Q- And how was she introduced to you?
A- The confidential informant said to the suspect "Myrna, si Kuya Jerry. Malaking kumuha ito". (Myrna, this is [big brother] Jerry. He is a big buyer.)
ACP DELA CRUZ: (on direct examination)
QUESTION-
And what was the response of Myrna?
ANSWER-
Myrna just nodded, Sir.27
x x x x
Q- This being a buy-bust operation, who was in charge of the buy-bust money used?
A- Our Chief, DAID, Superintendent Ratuita, Sir.
Q- It came from your Office?
A- Yes, Sir.
Q- Now, after it was paid to the accused, who recovered it from the accused?
A- PO3 Noel Magcalayo, sir.
Q- But can you tell us where is this buy-bust money now?
ANSWER-
Yes, Sir. It is in my possession.
INTERPRETER:
Witness producing the buy-bust money together with a bunch of paper.
ACP DELA CRUZ: (on direct examination)
QUESTION-
At this point, Mr. Witness, I notice that this is a P500.00 bill, what is your assurance that this was the one used in the operation?
A- Because of my marking JV, Sir.
INTERPRETER:
Witness pointing to the initials JV before the serial number of the P500.00 bill.
ACP DELA CRUZ:
We request that the P500.00 bill produced by the witness be marked in evidence as Exhibit "E", your Honor.
COURT:
Mark it.
ACP DELA CRUZ:
Q- Now, you said that this was recovered by PO3 Magcalayo, how did you get possession of this P500.00 bill from PO3 Magcalayo?
ANSWER-
After the inquest, Sir.
ACP DELA CRUZ: (on direct examination)
QUESTION-
It was turned over to you after the inquest?
A- Yes, Sir.
Q- What about the items, Mr. Witness, that were recovered during the buy-bust operation, who was in actual possession of these after the buy-bust operation?
A- I, Sir.
Q- I show you prosecution's Exhibit "A", will you please examine Exhibit "A", and tell us if you recognize it?
x x x x
ANSWER-
This is the one I recovered, Sir.
INTERPRETER:
Witness is referring to the particular container with marking A(JV) on the masking tape across the big initials JV.
ACP DELA CRUZ:
Q- What does this JV represent?
A- Jerry Villamor, Sir.
ACP DELA CRUZ: (on direct examination)
QUESTION-
Why do you know that this is the one, the subject of your buy-bust operation?
ANSWER-
Because I was the one who put the marking, Sir.
x x x x
ACP DELA CRUZ:
Q- You also take out from the plastic container which we opened, the other two (2) items which were marked B(JV1) and C(JV2), what do these plastic containers mean?
A- These are the plastic sachets I also recovered from the suspect Alias Myrna, Sir.
Q- When did you recover these?
A- After the apprehension, Sir.
ACP DELA CRUZ: (on direct examination)
QUESTION-
After the buy-bust operation?
ANSWER-
Yes, Sir.28
A chemical analysis on the contents of the confiscated plastic sachets confirmed that these are indeed methylamphetamine hydrochloride or shabu. This was established through the testimony of PO3 Magcalayo:
Q- After the turn-over, what else did you do?
A- The Investigator prepared a request for the examination of the recovered items, Sir.
Q- And that consist (sic) of what?
A- The Request for Laboratory Examination, Sir.
Q- What was the subject of the request?
ANSWER-
Request to determine the contents of the plastic sachets, Sir.
ACP DELA CRUZ: (on direct examination)
QUESTION-
Do you know what was the result of the request for laboratory examination?
A- Yes, Sir.
Q- And what was the result?
A- It resulted in the presence of dangerous drug, Sir.29
On the other hand, the second element of the crime of illegal sale of prohibited drugs was satisfied through the testimony of PO3 Villamor:
Q- And after that brief introduction, what else followed?
A- I asked her if she had an item with her, Sir.
Q- In what manner did you ask her, in Tagalog or what?
A- In Tagalog, Sir.
Q- What did you tell her?
A- I asked her "May dala ka bang item diyan?" (Did you bring an item with you?)
Q- And what was the response of the accused?
A- She went to the side of the food chain and brought out something from her pocket and showed it to me, Sir.
Q- How far were you when this procedure was done?
A- We were very close to each other because I was covering her, Sir.
Q- And from what you observed, what did she show you?
ANSWER-
The plastic sachet containing shabu, Sir.
ACP DELA CRUZ: (on direct examination)
QUESTION:
And at that time what did you do next?
A- She gave me the sachet she took from her pocket and then I gave her the P500.00 bill with marking, Sir.
Q- How did you determine that what she gave you was worth P500.00?
A- According to the informant, every time she gets it is worth P500.00, Sir.
Q- That was the informant's representation of your manner of getting it?
A- Yes, Sir.
Q- And with that exchange of the item and the money, what else did you do next?
A- After receiving the item from her and giving her the money, I kept the item inside my pocket, Sir.
Q- And then what followed?
A- I took [off] my [earring] and told her "Kung maganda ang negosyo natin, magiging mabuti akong suki mo." (If our business will be good then I will be your good client.)
ACP DELA CRUZ: (on direct examination)
QUESTION-
That removal of your [earring], is this your pre-arranged signal?
ANSWER- Yes, Sir.
Q- By the way, how did you look like at that time, what were you wearing?
A- Civilian with two (2) [earrings], Sir.
Q- And with the execution of the pre-arranged signal, what did your teammates do, if any?
A- They rushed towards us and it was PO3 Noel Magcalayo who arrived first, Sir.
Q- What did he do?
A- He recovered the buy-bust money from the possession of Myrna, Sir.
Q- What followed after that?
A- We informed her that we were police officers, Sir.
Q- And how did she respond to this realization that you were police officers?
A- She was shocked and speechless, Sir.
Q- With the buy-bust money in the possession of PO3 Magcalayo and the item in your possession where did you proceed?
ANSWER-
Before we left, I asked her to take out the two (2) other sachets from her pocket, Sir.
ACP DELA CRUZ: (on direct examination)
QUESTION:
How did you know that there are still other items in her possession?
A- Because when she took out one sachet from the pocket of her pants, the other two (2) came out, Sir.
Q- You mean to say that she was not showing it to you surreptitiously?
A- Because when she took out the sachet that she was to give to me, the other two (2) also came out from the pocket of her pants, Sir.30
x x x Going by the records, after the seizure of the drugs from appellant's possession, PO3 Villamor marked them with initials "JV", "JV1" and "JV2", then turned them over to PO3 Hernandez, the Duty Desk Officer assigned on that day at Camp Karingal. An Inventory Report was immediately prepared and subsequently, a laboratory examination of the seized items were conducted upon the request made by PS Gerardo Ratuita. The plastic sachets with the markings of "JV", "JV1" and "JV2", containing white crystalline substance when subjected to a qualitative examination by Forensic Analyst in the person of Engr. Leonard M. Jabonillo, yielded positive results, and turned out to be methamphetamine hydrochloride, a dangerous drug.39
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:
(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 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. (Emphasis supplied.)
Endnotes:
1 Rollo, pp. 2-16. Penned by Associate Justice Andres B. Reyes, Jr. and concurred in by Associate Justices Vicente S.E. Veloso and Marlene Gonzales-Sison.
2 CA rollo, pp. 31-43. Penned by Presiding Judge Fernando T. Sagun, Jr.
3 Records, p. 2.
4 Id. at 149.
5 Rollo, p. 4.
6 Id.
7 Id. at 6.
8 CA rollo, pp. 32-33.
9 Rollo, p. 5.
10 CA rollo, pp. 33-34.
11 Rollo, pp. 5-6.
12 Id. at 6.
13 Records, p. 9.
14 CA rollo, pp. 35-36.
15 Id. at 36.
16 Id. at 43.
17 Id. at 55.
18 Rollo, pp. 9-10.
19 Id. at 11.
20 Id. at 13-14.
21 Id. at 16.
22 Id. at 17-18.
23 Id. at 22-23.
24 Fuentes v. Court of Appeals, G.R. No. 109849, February 26, 1997, 268 SCRA 703, 708-709.
25 G.R. No. 186119, October 27, 2009, 604 SCRA 565, 590.
26 People v. Alberto, G.R. No. 179717, February 5, 2010, 611 SCRA 706, 713; citing People v. Dumlao, G.R. No. 181599, August 20, 2008, 562 SCRA 762, 770.
27 TSN, September 27, 2005, pp. 4-9.
28 Id. at 12-17.
29 TSN, September 14, 2006, pp. 12-13.
30 TSN, September 27, 2005, pp. 9-12.
31 People v. Gutierrez, G.R. No. 177777, December 4, 2009, 607 SCRA 377, 390-391; citing People v. Pringas, G.R. No. 175928, August 31, 2007, 531 SCRA 828, 846.
32 Buenaventura v. People, G.R. No. 171578, August 8, 2007, 529 SCRA 500, 513.
33 G.R. No. 141699, August 7, 2002, 386 SCRA 581, 597-598.
34 CA rollo, p. 63.
35 Id. at 64.
36 People v. Doria, G.R. No. 125299, January 22, 1999, 301 SCRA 668, 718.
37 People v. Cortez, G.R. No. 183819, July 23, 2009, 593 SCRA 743, 762.
38 Id.; citing Malillin v. People, G.R. No. 172953, April 30, 2008, 553 SCRA 619, 632.
39 Rollo, pp. 12-13.
40 People v. Cortez, supra note 42, at 763.
41 People v. Ventura, G.R. No. 184957, October 27, 2009, 604 SCRA 543, 562; citing People v. Agulay, G.R. No. 181747, September 26, 2008, 566 SCRA 571, 595.
42 Id.
43 People v. Eugenio, G.R. No. 146805, January 16, 2003, 395 SCRA 317, 326; citing People v. Del Mundo, G.R. No. 138929, October 2, 2001, 366 SCRA 471.
44 People v. Dulay, G.R. No. 150624, February 24, 2004, 423 SCRA 652, 662; citing People v. Arlee, G.R. No. 113518, January 25, 2000, 323 SCRA 201, 214.
45 People v. Barita, G.R. No. 123541, February 8, 2000, 325 SCRA 22, 38.
46 People v. Cruz, G.R. No. 185381, December 16, 2009, 608 SCRA 350, 368.