THIRD DIVISION
G.R. No. 215731, September 02, 2015
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ROLANDO CARRERA Y IMBAT, Accused-Appellant.
D E C I S I O N
VILLARAMA, JR., J.:
Before us is an appeal1 from the June 10, 2014 Decision2 of the Court of Appeals (CA) in CA-G.R. CR-HC No. 05885 modifying the November 27, 2012 Decision3 of the Regional Trial Court (RTC), Branch 127, Caloocan City, finding appellant Rolando Carrera guilty beyond reasonable doubt of violation of Section 5,4 Article II, Republic Act (R.A.) No. 91655 or the Comprehensive Dangerous Drugs Act of 2002.
After a buy-bust operation conducted on July 14, 2009, an Information for violation of Section 5, Article II of R.A. No. 9165 was filed against appellant reading:ChanRoblesvirtualLawlibrary
That on or about the 14th day of July, 2009 in Caloocan City, Metro Manila and within the jurisdiction of this Honorable Court, the above-named accused, without authority of law, did then and there willfully, unlawfully and feloniously sell and deliver to [IO1] JOSEPH L SAMSON, who posed as buyer, METHYLAMPHETAMINE HYDROCHLORIDE (Shabu) weighing 4.5722 grams, 4.1451 grams, 4.2055 grams, 3.8220 grams, 3.4999 grams, 4.5061 grams & 4.7124 grams, a dangerous drug, without the corresponding license or prescription therefore, knowing the same to be such.
Contrary to Law.6
WHEREFORE, premises considered, judgment is hereby rendered declaring [appellant] Rolando Carrera y Imbat for Violation of Sec. 5, Art. II, R.A. 9165 guilty beyond reasonable doubt and is hereby sentenced to suffer the penalty of life imprisonment and to pay a fine of Five Hundred Thousand (P500,000.00) Pesos, as provided for by law.
The drugs subject matter of this case are hereby confiscated in favor of the government to be dealt with in accordance with law.
SO ORDERED.12
WHEREFORE, the appeal is DENIED. The November 27, 2012 Decision of Caloocan City Regional Trial Court, Branch 127, in Criminal Case No. C-81635, finding [appellant] Rolando Carrera y Imbat guilty beyond reasonable doubt of Violation of Section 5, Article II of Republic Act (R.A.) No. 9165 is hereby MODIFIED in that this Court instead finds [appellant] GUILTY beyond reasonable doubt of illegal possession of prohibited drugs penalized under Section 11, Art. II of [R.A. No.] 9165. Accordingly, [appellant] is sentenced to suffer the penalty of LIFE IMPRISONMENT and to PAY A FINE OF FOUR HUNDRED THOUSAND PESOS (P400,000.00).
All other aspects of the assailed decision are maintained.
SO ORDERED.13
Q: So, what happened when you arrived in Bgy. Malaria at 9:30 a.m. of July 14, 2009? A: I went ahead together with the confidential informant, sir. Q: And how about the other members of your team, where did they go if any at that time? A: They dispatched in the vicinity, sir. Q: So, you said that you and the confidential informant went ahead, what happened after you arrived at that area? A: We waited for a while and then we contacted alias Latif, sir. Q: How did you contact alias Latif? A: Thru cell phone, sir. Q: So, what happened after the confidential informant contacted alias "Latif" thru cell phone? A: They said to wait for a while and then after a while a male person arrived, sir. Q: What did this male person do, if any? A: I was introduced by the confidential informant to him as buyer, sir. Q: What happened after that? A: And then I asked him if he has the shabu, sir. Q: What was his answer? A: He answered, "yes." Q: What else happened? A: He answered "yes" we have shabu and then he also asked me if I have money, sir. Q: What was your answer? A: I said yes I have the money. Q: So, what happened after that? A: I told him that I will pay the item if he. will give it to me. He pulled from his pocket a transparent plastic wrapped with electrical tape and handed that something from his pocket to me, sir. Q: What was [it that] he handed to you? A: An item that was wrapped on an electric tape and then I saw a crystalline substance suspected to be shabu, sir. Q: What did you do with the thing which he handed to you, a white crystalline substance which [is] suspected to be shabu? A: After he handed to me the thing which I suspected to be shabu, I removed my bullcap as the pre-arranged signal and I grabbed him, sir. x x x x COURT BUTT[S] IN: Q: When you removed the bull cap, is Latif around? A: Not yet, your Honor, after getting a transparent plastic wrapped with electrical tape, I saw white crystalline substance. I did not give the money anymore because I remove my bull cap. Q: Why did you not give him the money that was agreed upon? A: I was afraid because that is only boodle money and that money was placed on a plastic bag and then I showed it to him telling him that is the money, your Honor. Q: How much money was contained in that plastic bag? A: I only open the upper portion of the plastic bag I showed him the top portion of the money, your Honor. Q: When Latif handed to you that thing wrapped with an electrical tape did he not ask for the payment? A: No more, your Honor, he has no time to ask me because I immediately grabbed him. Q: What do you mean by the word I grabbed him, you immediately grab him after seeing the content of the electrical tape was shabu? A: Ycs, your Honor. Q: So, what happened when you grab[bed] alias "Latif''? A: I introduced myself as PDEA Agent and then I removed my bull cap, Frederick Santos assisted me in the arrest of alias Latif, your Honor. PROS. CANSINO: Q: How did Frederick Santos assist you in arresting alias "Latif'? A: It was Frederick Santos who handcuffed and apprised Latif of his constitutional rights, sir. Q: So, what happened after affecting the arrest of alias Latif? A: We immediately go to the Barangay Hall of Pinyahan, Quezon City, sir. Q: Who ordered you to proceed to Barangay Hall of Pinyahan, Quezon City? A: Our team leader IO2 Liwanag Sandaan, sir. Q: You said you went through from the area of operation you proceed to Barangay Pinyahan, what happened at the Barangay Hall of Pinyahan? A: The photographer took pictures of the evidence seized from the accused, sir. Q: What did you do if any as regards the marking of the seized evidence? A: I marked all the evidence confiscated from the accused, sir. Q: Can you please tell us what are those pieces of evidence confiscated from the accused? A: The seven (7) sachets of shabu which was wrapped in an electric tape and place[d] in a plastic bag, sir. Q: So, you said that you made markings on those seized evidence you mentioned, can you please tell what those markings placed on the plastic sachet containing shabu? A: Exhibit A-1 to A-7, sir. Q: How about on the electrical tape used as wrapper in those evidences? A: I marked it as Exhibit A-1 to A-7 JLS-07-09,24 sir.25cralawred
PROS. CANSINO: Q. So what happened after that when you ordered your men to proceed for the arrest of that male person? WITNESS: A. When the male person was arrested I immediately called the driver to proceed to the area because during that time there was a commotion and because we were armed and we were in front of the barangay hall and because that place is a terminal of the tricycle there were already many people and then there was one person who introduced himself as barangay captain and asked "Ano po ba 'yong kaguluhang nangyayari?" and I introduce[d] myself as PDEA Agent and I told him "may hinuli lang po kami, aalis na rin po kami" and then we left the area, sir. Q. Where did you proceed if any Madam Witness after effecting the arrest of accused? A. After the arrest we proceeded to the barangay hall but the barangay hall we went to was located at Brgy. Pinyahan in Quezon City, sir. Q. So what happened at the barangay hall of Brgy. Pinyahan, Quezon City? A. At the barangay hall of Brgy. Pinyahan in Quezon City we inventoried the seized evidence, sir. x x x x COURT butts in: Before you go to that point may I just ask again. Q. You said that the operation was conducted just beside the barangay hall of Brgy. Malaria so after the arrest why you still have to proceed to Brgy. Pinyahan instead of going directly to that barangay hall near to where the operation was conducted? WITNESS: A. The reason why I decided not to conduct the inventory in that barangay hall, your Honor, because it happened that our subject learned I mean because our subject told me that [he was] one of the member[s] of the Muslim drug group that's why I cannot risk my agents to stay longer at the barangay hall and aside from that this subject happened to be a tricycle driver and the tricycle terminal was only beside the barangay hall so I decided not to conduct the inventory there because we are only five agents there and I cannot take [the] risk of my agents staying longer in that area.26
Q. And as you said instead of conducting your inventory at the barangay hall of Malaria you proceeded to a barangay hall in Brgy. Pinyahan, Quezon City which is beside your very main office, isn't it? A. Not beside our office, sir, it is on the other side of East Avenue. Q. But it is already Quezon City, isn't it, because your [main] office is located at Brgy. Pinyahan? A. Yes, sir. Q: It was just a puzzle to me why you proceeded to Brgy. Pinyahan instead of any barangay in Caloocan City referring to the second district, there were many barangay in Bagong Silang, in Camarin, did it not occur to your mind that procedurally it is proper to conduct an inventory at the nearest barangay or maybe not in Brgy. Malaria itself? A. My option was if ever we cannot conduct the inventory at the place or in that particular barangay which has the jurisdiction of the place of transaction we will conduct our inventory at the barangay hall of Brgy. Pinyahan, sir. Q. So with your action of leaving the area immediately after your alleged buy bust operation I assume that you did not make any markings at the alleged scene of the crime? A. No, sir.27
It must be emphasized that appellants were charged with selling, trading, delivering, giving away, dispatching in transit and transporting dangerous drugs under Section 5, Article II of Republic Act No. 9165. The charge was not limited to selling. Said section punishes not only the sale but also the mere act of delivery of prohibited drugs after the offer to buy by the entrapping officer has been accepted by the seller. In the distribution of prohibited drugs, the payment of any consideration is immaterial. The mere act of distributing the prohibited drugs to others is in itself a punishable offense. x x x29
Endnotes:
* Designated Acting Member in lieu of Associate Justice Bienvenido L. Reyes, per Special Order No. 2084 dated June 29, 2015.
** Designated additional Member in lieu of Associate Justice Francis H. Jardeleza, per Raffle dated January 28, 2015.
1 CA rollo, pp. 166-167.
2Rollo, pp. 2-20. Penned by Associate Justice Franchito N. Diamante with Associate Justices Celia C. Librea-Leagogo and Melchor Q. C. Sadang concurring. CA rollo, pp. 20-42. Penned by Judge Victoriano B. Cabanos. R.A. No. 9165, Article II, Section 5 provides:ChanRoblesvirtualLawlibrary
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 (P10,000,000.00) 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. (Emphasis supplied)
5 AN ACT INSTITUTING THE COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002, REPEALING REPUBLIC ACT No. 6425, 0THERWISE KNOWN AS THE DANGEROUS DRUGS ACT OF 1972, AS AMENDED, PROVIDING FUNDS THEREFOR, AND FOR OTHER PURPOSES.
6 Records, p. 2.
7 Id. at 32.
8 Equivalent to five grams of shabu.
9 Folder of exhibits, pp. 12-13.
10 Per Chemistry Report No. PDEA-DD139-09, id. at 4.
CONCLUSION:
Specimens A to G contains Methamphetamine Hydrochloride, a dangerous drug under RA 9165.
x x x x
11 Per Chemistry Report No. PDEA-DT079-09, id. at 6.
12 CA rollo, pp. 41-42.
13Rollo, p. 19.
14 Id. at 32-34 and 37-39.
15 The Information reads:cralawlawlibraryThat on or about the 14th day of July, 2009 in Caloocan City, Metro Manila and within the jurisdiction of this Honorable Court, the above-named accused, without authority of law, did then and there willfully, unlawfully and feloniously sell and deliver to [IO1] JOSEPH L. SAMSON, who posed as buyer, METHYLAMPHETAMINE HYDROCHLORIDE (Sbabu) weighing 4.5722 grams, 4.1451 grams, 4.2055 grams, 3.8220 grams, 3.4999 grams, 4.5061 grams & 4.7124 grams, a dangerous drug, without the corresponding license or prescription therefore, knowing the same to be such. (Emphasis supplied) (Records, p. 2.)
16 See People v. Rebotazo, G.R. No. 192913, June 13, 2013, 698 SCRA 452,465.
17People v. Taculod, G.R. No. 198108, December 11, 2013, 712 SCRA 562, 576-577.
18People v. Pagaduan, 641 Phil. 432, 444 (2010).
19 R.A. No. 9165, Article II, Section 21, paragraph I provides:ChanRoblesvirtualLawlibrary
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:ChanRoblesvirtualLawlibrary
(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[.]
20 Implementing Rules and Regulations of R.A. No. 9165, Article II, Section 21(a) provides:ChanRoblesvirtualLawlibrary
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:ChanRoblesvirtualLawlibrary
(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[.]
21People v. Salvador, G.R. No. 190621, February 10, 2014, 715 SCRA 617, 633-634.
22People v. Pagaduan, supra note 18, at 446.
23 People v. Garcia, 599 Phil. 416, 432-433 (2009).
24 Also referred to as Specimens A to G in Chemistry Report PDEA-DD139-09, supra note 10.
25cralawred TSN, September 21, 2010, pp. 9-13.
26 TSN, April 12, 2010, pp. 18-19.
27 TSN, May 24,2010, pp. 15-16.
28People v. Bartolome, G.R. No. 191726, February 6, 2013, 690 SCRA 159, 167.
30 G.R. No. 196966, October 23, 2013, 708 SCRA 547, 560.
31 G.R. No. 194606, February 18, 2015.
32 Supra note 4.