SECOND DIVISION
G.R. No. 227021, December 05, 2018
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. CHRISTOPHER ILAGAN Y BAÑA ALIAS "WENG", Accused-Appellant.
D E C I S I O N
CAGUIOA, J.:
This is an Appeal1 under Section 13(c), Rule 124 of the Rules of Court from the Decision2 dated January 26, 2016 of the Court of Appeals, Seventeenth Division (CA) in CA-G.R. CR-HC No. 06786, which affirmed the Judgment3 dated January 23, 2014 rendered by the Regional Trial Court of Batangas City, Branch 84 (RTC) in Criminal Case No. 17648, which found herein accused-appellant Christopher Hagan y Baña alias "Weng" (accused-appellant Christopher) guilty beyond reasonable doubt of violating Section 5, Article II of Republic Act No. (RA) 9165,4 otherwise known as the "Comprehensive Dangerous Drugs Act of 2002," as amended.
That on or about the 11th day of September, 2012, at about 5:20 o'clock in the afternoon, at Poblacion 3, Municipality of San Jose, Province of Batangas, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, without authority of law, did then and there willfully and unlawfully sell, deliver and give away three (3) heat-sealed transparent plastic sachets, each containing dried marijuana fruiting tops, having a total weight of 3.20 grams, a dangerous drug.Version of the Prosecution
Contrary to law.6
At around 5:00 o'clock in the afternoon of September 11, 2012, a civilian asset went to the San Jose Municipal Police Station and reported to SPO1 Flores and PO2 Mitra that there is a certain "Weng", a helper of the Juennesse Flower Shop, who is engaged in the selling marijuana. SPO1 Flores and PO2 Mitra informed their Chief, PCI Eduard Padilla Mallo, who immediately instructed them to prepare for a buy-bust operation. SPO1 Flores prepared the coordination report for the PDEA although the same was sent and received by the PDEA Calamba only at 8:30 in the evening because the police station has no long distance line. They also prepared two (2) pieces of One Hundred Peso (P100) bill with serial numbers AG790598 and CN548140. SPO1 Flores who was also the duty desk officer recorded in Entry No. 9261 of the police blotter (Exhibit "N") the buy-bust operation to be made and their departure.Version of the Defense
Thereafter, SPO1 Flores, PO2 Mitra and the civilian asset proceeded to Poblacion 3, San Jose, Batangas on board a private vehicle, a Toyota Corolla. When their civilian asset pointed to the Juennesse Flower Shop, SPO1 Flores parked the car approximately four (4) meters away from it. PO2 Mitra and the civilian asset alighted while SPO1 Flores was left inside the vehicle. Since the front portion of the establishment is covered with glass, SPO1 Flores can easily see the inside portion of the flower shop. When PO2 Mitra and the civilian asset entered the flower shop, the only person inside was "Weng" who at that time was lying on a chair. The asset told the latter that his companion will buy marijuana and upon hearing the same, "Weng" immediately stood up. PO2 Mitra was just beside the asset while they were talking to "Weng". PO2 Mitra then gave the Two One Hundred Peso Bills amounting to Two Hundred Pesos (Php200) to the asset and at that moment, "Weng" brought out from his right pocket three (3) pieces of heat sealed sachet containing suspected marijuana. PO2 Mitra gave the money to the civilian asset who handed it to "Weng". After receiving the money, "Weng" gave to PO2 Mitra the suspected marijuana. As a pre-arranged signal, PO2 Mitra scratched his nape to inform SPO1 Flores that he already bought marijuana. When SPO1 Flores saw the pre-arranged signal, he immediately entered the shop and help (sic) PO2 Mitra in arresting the pusher. They informed the pusher, who identified himself as herein accused Christopher Ilagan y Baiia, of his constitutional rights. When they frisked the accused, PO2 Mitra found the two (2) pieces of One Hundred Peso bills.
Afterwards, the policemen brought the Accused (sic) to the barangay hall of Brgy. 3, San Jose, Batangas. In the presence of the Brgy. Captain Modesto Kalalo and media representative Mr. Lito Rendora, they conducted the inventory of the confiscated items. PO2 Mitra marked the three (3) sachets containing suspected marijuana with markings "ROM- 1", "ROM-2" and "ROM-3" (Exhibits "I", "J", and "K") and the two (2) One Hundred Peso bills with markings "ROM-4" and "ROM-5" (Exhibits "G" and "G-1"). Photographs were taken during the inventory at the barangay hall (Exhibits "F" to "F-4"). Thereafter, they went back to the police station. PO2 Mitra was in custody of the confiscated items from the time of the arrest and while they were going back to the police station. Upon arrival, SPO1 Flores recorded in the police blotter the result of the buy-bust operation as Entry No. 9262 (Exhibit "N-1").
At around 8:00 o'clock in the evening of that day, SPO1 Flores and PO2 Mitra brought to the Batangas Provincial Crime Laboratory Office the three (3) sachets of marijuana (Exhibits "I", "J", and "K") with the request for laboratory examination (Exhibit "C"). The letter request and the specimen were received by PO1 Bereña as reflected in the stamp marked portion of the letter request. Entries were then placed on the chain of custody form (Exhibit "M"). Thereafter the police officers went back to the police station and placed the accused on (sic) jail. They executed their sworn statements (Exhibit "A") in connection with (sic) arrest of the accused.7
At around 5:00 o'clock in the afternoon of September 11, 2012, Christopher Hagan working as a flower arranger, was inside the Jeunnesse Flower Shop, arranging flowers for delivery to Seven Eleven Store. While he was working, three (3) police officers, one in civilian clothes and two in uniform, entered the flower shop. The police held his hands and cuffed him. They forced him to board the mobile patrol and brought him to the police station. Police Officers Nelson Flores and Raffy Mitra forced him to sign a document (Receipt of Property Seized) (Exhibit "D"). He refused to sign the document bearing his computer printed name because the marijuana stated therein was not taken from him. When he did not sign the paper, the police brought him to the house of the barangay captain and introduced him to the latter. They went to the barangay hall wherein pictures of him were taken.
Prior to his arrest, the accused worked in Jeunnesse flower shop for ten to eleven years already. He knew the three policemen because the old police station was just near the place. He did not ask why the police handcuffed him. He was then resisting, the reason why the police was forcing him to board the mobile patrol. At the time the police presented him to the barangay captain, he was not aware that he was already arrested by the police. He did not mention anything to the barangay captain while he was at the barangay hall and he does not remember anything that he has done wrong.
According to Brgy. Captain Modesto Kalalo, the police did not present any illegal drugs, such as shabu but he signed a document purported to be the Receipt of Property Seized (Exhibit "D"). Afterwards, the accused was brought back to the police station and put inside the jail (sic). When the police officers left the barangay hall, Brgy. Captain Modesto Kalalo called up the Chief of Police to inform him of the incident and to verify if the police really did bring the arrested person to the police station. He also recorded what happened that night in their barangay blotter (Exhibit "5").8
WHEREFORE, judgment is hereby rendered finding the accused, CHRISTOPHER ILAGAN y BAÑA GUILTY beyond reasonable doubt of violation of Section 5, Article II of Republic Act No. 9165 (selling of dangerous drugs) and sentencing him to suffer the penalty of LIFE IMPRISONMENT and to pay a fine of FIVE HUNDRED THOUSAND PESOS (PhP500,000.00).The RTC ruled that the buy-bust operation is a legally effective and proven procedure sanctioned by law for apprehending drug peddlers and distributors.11 It also ruled that the prosecution was able to prove the elements of illegal sale of dangerous drugs.12 Furthermore, the requirements of Section 21 of RA 9165 were duly complied with, thus, the prosecution was able to preserve the integrity and evidentiary value of the marijuana seized from the accused.13
x x x x
SO ORDERED.10
WHEREFORE, premises considered, the appeal is DISMISSED. The assailed Judgment dated January 23, 2014 of the Regional Trial Court (RTC) of Batangas City, Branch 84 in Criminal Case No. 17648 is AFFIRMED.The CA ruled that the prosecution was able to prove all the elements of illegal sale of marijuana.16 It pointed out that accused-appellant Christopher was positively identified by PO2 Raffy Mitra (PO2 Mitra) and SPO1 Nelson V. Flores (SPO1 Flores).17 It held that the discrepancies and minor inconsistencies in the testimonies of the witnesses referring to minor details, and not in actuality touching upon the central fact of the crime, do not impair their credibility.18 It likewise ruled that the integrity and identity of the seized marijuana were not compromised because the buy-bust team was able to preserve the integrity and evidentiary value of the drugs seized.19 It held that the failure of the police officers to mark the items seized from accused-appellant Christopher immediately upon their confiscation at the place of arrest does not automatically impair the integrity of the chain of custody and render the confiscated items inadmissible in evidence.20 Lastly, it held that non-compliance with Section 21(a) of the Implementing Rules and Regulations (IRR) of RA 9165 will not render an accused's arrest illegal or the items seized or confiscated from him inadmissible.21
SO ORDERED.15
SPO1 Flores likewise testified that they did the marking in the barangay hall and it was only there that two of the required witnesses were present:
Q: By the way, where were you when you placed those markings to these items? A: At the barangay hall of Poblacion 3, ma'am. Q: Who were present when you placed those markings? A: Barangay Captain Modesto Kalalo, the media man Lito Rendora. Q: Why did you not place the markings while you were still at the Jeunnesse Flower Shop? A: Because we brought them to the barangay hall, so that it could be in the presence of the media.32
Clearly, the buy-bust team failed to comply with the requirements of Section 21(1) of RA 9165.
Q: What happened when you arrived to the barangay hall? A: When we arrived there, Barangay Captain Modesto Kalalo was already there and I remember that we waited for the arrival of Mr. Lito Rendora, the representative of the media, ma'am. Q: Why did you wait for the representative of the media? A: Because he will be the one to sign in the inventory of the seized items, Ma'am. Q: Do you have any DOJ representative? A: I think, we don't have any DOJ representative at that time, Ma'am. Q: Why, Mr. witness? A: We were not able to contact him at that time, Ma'am. x x x x Q: Do you know why PO2 Mitra marked the items, the three (3) plastic sachets at the barangay hall and not at the place of the buy bust operation inside Jeunnesse Flower Shop? A: He marked it there because we believe that the witnesses, the Brgy. Captain and the media representative should see the actual marking, Ma'am.33
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,35 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 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 prosecution has the burden of (1) proving its compliance with Section 21, RA 9165, and (2) providing a sufficient explanation in case of non-compliance. As the Court en banc unanimously held in the recent case of People v. Lim:37
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".36 (Emphasis, italics and underscoring in the original)
It must be alleged and proved that the presence of the three witnesses to the physical inventory and photograph of the illegal drug seized was not obtained due to reason/s such as:In this case, none of the abovementioned reasons is present. SPO1 Flores explained that the police officers conducted the inventory and photographing of the seized drugs in the barangay hall merely because they said that the witnesses were there.39 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.(1) their attendance was impossible because the place of arrest was a remote area; (2) their safety during the inventory and photograph of the seized drugs was threatened by an immediate retaliatory action of the accused or any person/s acting for and in his/her behalf; (3) the elected official themselves were involved in the punishable acts sought to be apprehended; (4) earnest efforts to secure the presence of a DOJ or media representative and an elected public official within the period required under Article 125 of the Revised Penal Code prove futile through no fault of the arresting officers, who face the threat of being charged with arbitrary detention; or (5) time constraints and urgency of the anti-drug operations, which often rely on tips of confidential assets, prevented the law enforcers from obtaining the presence of the required witnesses even before the offenders could escape.38 (Underscoring supplied; emphasis in the original)
The Court has ruled in People v. Zheng Bai Hui48 that it will not presume to set an a priori basis on what detailed acts police authorities might credibly undertake and carry out in their entrapment operations. However, given the police operational procedures and the fact that buy-bust is a planned operation, it strains credulity why the buy-bust team could not have ensured the presence of the required witnesses pursuant to Section 21 or at the very least marked, photographed and inventoried the seized items according to the procedures in its own operations manual.49ANTI-DRUG OPERATIONAL PROCEDURES
x x x x
V. SPECIFIC RULES
x x x x
B. Conduct of Operation: (As far as practicable, all operations must be officer led)
1. Buy-Bust Operation - in the conduct of buy-bust operation, the following are the procedures to be observed:a. Record time of jump-off in unit's logbook;
b. Alertness and security shall at all times be observed[;]
c. Actual and timely coordination with the nearest PNP territorial units must be made;
d. Area security and dragnet or pursuit operation must be provided[;]
e. Use of necessary and reasonable force only in case of suspect's resistance[;]
f. If buy-bust money is dusted with ultra violet powder make sure that suspect ge[t] hold of the same and his palm/s contaminated with the powder before giving the pre-arranged signal and arresting the suspects;
g. In pre-positioning of the team members, the designated arresting elements must clearly and actually observe the negotiation/transaction between suspect and the poseur-buyer;
h. Arrest suspect in a defensive manner anticipating possible resistance with the use of deadly weapons which maybe concealed in his body, vehicle or in a place within arms['] reach;
i. After lawful arrest, search the body and vehicle, if any, of the suspect for other concealed evidence or deadly weapon;
j. Appraise suspect of his constitutional rights loudly and clearly after having been secured with handcuffs;
k. Take actual inventory of the seized evidence by means of weighing and/or physical counting, as the case may be;
l. Prepare a detailed receipt of the confiscated evidence for issuance to the possessor (suspect) thereof;
m. The seizing officer (normally the poseur-buyer) and the evidence custodian must mark the evidence with their initials and also indicate the date, time and place the evidence was confiscated/seized;
n. Take photographs of the evidence while in the process of taking the inventory, especially during weighing, and if possible under existing conditions, the registered weight of the evidence on the scale must be focused by the camera; and
o. Only the evidence custodian shall secure and preserve the evidence in an evidence bag or in appropriate container and thereafter deliver the same to the PNP CLG for laboratory examination. (Emphasis and underscoring supplied)
Endnotes:
1 See Notice of Appeal dated February 10, 2016; rollo, pp. 19-21.
2Rollo, pp. 2-18. Penned by Associate Justice Ramon A. Cruz, with Associate Justices Marlene Gonzales-Sison and Henri Jean Paul B. Inting concurring.
3 CA rollo, pp. 49-58. Penned by Presiding Judge Dorcas P. Ferriols-Perez.
4 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).
5 Records, pp. 1-2.
6 Id.
7 CA rollo, pp. 50-51.
8 Id. at 52.
9 Id. at 49-58.
10 Id. at 58.
11 Id. at 55.
12 Id.
13 Id. at 56.
14Rollo, pp. 2-18.
15 Id. at 16.
16 Id. at 10.
17 Id. at 10-12.
18 Id. at 13.
19 See id. at 13-15.
20 Id. at 14.
21 Id. at 15.
22People v. Opiana, 750 Phil. 140, 147 (2015).
23People v. Guzon, 719 Phil. 441, 451 (2013).
24People v. Mantalaba, 669 Phil. 461, 471 (2011).
25People v. Guzon, supra note 23, citing People v. Dumaplin, 700 Phil. 737, 747 (2012).
26 Id., citing People v. Remigio, 700 Phil. 452, 464-465 (2012).
27 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:28People v. Santos, Jr., 562 Phil. 458, 471 (2007), citing People v. Tan, 401 Phil. 259, 273 (2000).
(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[.]
29People v. Calleja, G.R. No. 227427, June 6, 2018, p. 10.
30People v. Ceralde, G.R. No. 228894, August 7, 2017, 834 SCRA 613, 625.
31People v. Dela Victoria, G.R. No. 233325, April 16, 2018, p. 6; People v. Año, G.R. No. 230070, March 14, 2018, p. 6; People v. Crispo, G.R. No. 230065, March 14, 2018, p. 8; People v. Lumaya, G.R. No. 231983, March 7, 2018, p. 8; People v. Ramos, G.R. No. 233744, February 28, 2018, p. 6; People v. Magsano, G.R. No. 231050, February 28, 2018, p. 7; People v. Manansala, G.R. No. 229092, February 21, 2018, p. 7; People v. Miranda, G.R. No. 229671, January 31, 2018, p. 7; People v. Paz, G.R. No. 229512, January 31, 2018, p. 9; People v. Alvaro, G.R. No. 225596, January 10, 2018, p. 7; People v. Almorfe, 631 Phil. 51, 60 (2010).
32 TSN, February 7, 2013, p. 18.
33 TSN, November 29, 2012, pp. 17-18.
34 G.R. No. 228890, April 18, 2018.
35 736 Phil. 749 (2014).
36People v. Tomawis, supra note 34, at 11-12.
37 G.R. No. 231989, September 4, 2018.
38 Id. at 13, citing People v. Sipin, G.R. No. 224290, June 11, 2018, p. 17.
39 TSN, November 29, 2012, p. 18.
40 See People v. Alagarme, 754 Phil. 449, 461 (2015).
41 See People v. Sumili, 753 Phil. 342, 350 (2015).
42 1987 CONSTITUTION, Art. III, Sec. 14(2). "In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved x x x."
43People v. Belocura, 693 Phil. 476, 503-504 (2012).
44People v. Mendoza, supra note 35, at 770.
45 Id.
46 Id.
47 PNPM-D-O-3-1-99 [NG], the precursor anti-illegal drug operations manual prior to the 2010 and 2014 AIDSOTF Manual.
48 393 Phil. 68, 133 (2000).
49People v. Supat, G.R. No. 217027, June 6, 2018, pp. 18-19.
50People v. Otico, G.R No. 231133, p. 23, citing People v. Jugo, G.R. No. 231792, January 29, 2018, p. 10.