People v. Custodio y Argote

FIRST DIVISION

[G.R. No. 251741. November 11, 2021.]

PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs.CHRIS JOHN CUSTODIO Y ARGOTE A.K.A. "BOLONGKOY'', accused-appellant.

NOTICE

Sirs/Mesdames :

Please take notice that the Court, First Division, issued a Resolution datedNovember 11, 2021which reads as follows:

"G.R. No. 251741 (People of the Philippines v. Chris John Custodio y Argote a.k.a. "Bolongkoy'')

We affirm.

All the elements of illegal sale and

Appellant Chris John Custodio y Argote a.k.a. "Bolongkoy" is charged with unauthorized sale and possession of dangerous drugs allegedly committed on October 19, 2015. The applicable law is Republic Act No. (RA) 9165, as amended by RA 10640 on August 7, 2014. 1 These offenses are defined and penalized under Sections 5 and 11 of the same law, thus:

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 (P500,000.00) 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. CAIHTE

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SEC. 11. Possession of Dangerous Drugs. — The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any person, who, unless authorized by law, shall possess any dangerous drug in the following quantities, regardless of the degree of purity thereof:

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(3) Imprisonment of twelve (12) years and one (1) day to twenty (20) years and a fine ranging from Three hundred thousand pesos (P300,000.00) to Four hundred thousand pesos (P400,000.00), if the quantities of dangerous drugs are less than five (5) grams of x x x methamphetamine hydrochloride or "shabu" x x x

a. The elements of illegal sale of dangerous

To secure a conviction for illegal sale of dangerous drugs, the prosecution must establish the following elements: (1) the identity of the buyer and the seller, the object of the sale and its consideration; and (2) the delivery of the thing sold and the payment therefor. 2

As the Court of Appeals aptly noted, Police Officer 3 Al Lester Avila (PO3 Avila), the poseur-buyer, gave a clear and accurate account of the transaction that occurred between him and appellant on October 19, 2015, viz.: 3

PROS. GIOVANNI J. ANTONIO

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Q Then what happened next after the confidential informant informed you that that was the person subject of the buybust operation?

A As we met in the area near the basketball court, Your Honor, "Bolongkoy" asked my confidential informant, "Is this the one who will score or buy "bunga" bro?" ("Bunga" is a street language for shabu)

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Q And then after alias "Bolongkoy" asked your confidential informant if you were the one who would buy shabu, what happened next?

A I interrupted, Your Honor. I gave three (3) pieces One Hundred Peso (P100.00) bills to certain "Bolongkoy", Your Honor, and in return, he gave to me from his front waistline, Your Honor, the black rectangular shape container, which has shabu inside, Your Honor, and gave it to me, your Honor.

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Q After he received the marked money from you, what happened next?

A He opened his black plastic rectangular container and got a small piece plastic sachet with suspected shabu and gave it to me, Your Honor.

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PO3 Avila, thus, positively identified appellant as the person who sold him the seized drugs. Verily, the crime of illegal sale of dangerous drug was consummated when appellant delivered the corpus delicti to PO3 Avila in consideration of P300.00, which he received from the latter. DETACa

b. The elements of illegal possession of dangerous

In a prosecution for illegal possession of dangerous drugs, it must be shown that (1) the accused was in possession of an item or an object identified to be a prohibited or regulated drug; (2) such possession is not authorized by law; and (3) the accused was freely and consciously aware of being in possession of the drug. 4

Here, the prosecution was able to establish beyond reasonable doubt that:

First. Appellant was in actual possession of dangerous drugs. PO3 Avila recovered a black rectangular plastic container with five (5) transparent plastic sachets of shabu from appellant after the latter's arrest; the container was tucked in appellant's shorts by its waistband. PO3 Avila testified, thus: 5

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Q After you have arrested and informed him of the nature and cause of his arrest as well as his constitutional rights, what did you do next?

A I immediately searched him, Your Honor.

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Q What was the result of the body search?

A I recovered from his possession, Your Honor, the black rectangular plastic container containing shabu, Your Honor, the five (5) pieces transparent suspected shabu, which I marked, Your Honor, and the two (2) pieces tin foils and on the other side of his waistline, Your Honor, the money, Your Honor, which I gave to him, the marked money and the other three (3) pieces One Hundred peso (P100.00) bills believed to be the cash proceeds, Your Honor, and the two (2) pieces lighters, Your Honor. (Emphases supplied)

Later, the substance in these plastic sachets tested positive for methamphetamine hydrochloride or shabu, a dangerous drug. 6

Second. Appellant's possession of the dangerous drug was clearly illegal because he could not present any proof or justification that he had lawful authority to possess the same.

Third. Appellant was freely and consciously aware of being in possession of dangerous drugs as he was offering them for sale. At any rate, mere possession of a prohibited drug constitutes prima facie evidence of knowledge or animus possidendi sufficient to convict an accused in the absence of any satisfactory explanation. 7

Hence, the prosecution had adequately established, as well, the elements of Section 11, Article II of RA 9165.

The prosecution sufficiently

Appellant, nonetheless, asserts that the prosecution failed to establish an unbroken chain of custody of the seized items. Otherwise stated, even assuming the elements of illegal sale and possession of dangerous drugs were duly established, the prosecution nevertheless failed to prove that the items supposedly seized from him were the same ones offered in evidence during the trial.

In illegal drugs cases, the drug itself constitutes the corpus delicti of the offense. The prosecution, therefore, is tasked to establish that the substance illegally possessed by the accused is the same substance presented in court. 8 aDSIHc

To ensure the integrity of the seized drug item, the prosecution must account for each link in its chain of custody: 9first, the seizure and marking of the illegal drug recovered from the accused by the apprehending officer; second, the turnover of the illegal drug seized by the apprehending officer to the investigating officer; third, the turnover by the investigating officer of the illegal drug to the forensic chemist for laboratory examination; and fourth, the turnover and submission of the marked illegal drug seized by the forensic chemist to the court. 10

Section 21 of RA 9165, as amended, further prescribes the standard in preserving the corpus delicti in illegal drug cases, viz.:

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 person/s 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. (Emphasis supplied)

More, the Implementing Rules and Regulations of RA 9165, as amended, ordains:

Section 1. Implementing Guidelines. — 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. Marking, Inventory and Photograph; Chain of Custody Implementing Paragraph "a" of the IRR.

A.1. The apprehending or seizing officer having initial custody and control of the seized or confiscated dangerous drugs, plant sources of dangerous drugs, controlled precursors and essential chemicals, instruments/paraphernalia and/or laboratory equipment shall, immediately after seizure and confiscation, mark, inventory and photograph the same in the following manner:

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A.1.2. The marking is the placing by the apprehending officer or the poseur-buyer of his/her initials and signature on the item/s seized.

A.1.3. In warrantless seizures, the marking of the seized items in the presence of the violator shall be done immediately at the place where the drugs were seized or at the nearest police station or nearest office of the apprehending officer/team, whichever is practicable. The physical inventory and photograph shall be conducted in the same nearest police station or nearest office of the apprehending officer/team, whichever is practicable. ETHIDa

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A.1.5. The physical inventory and photograph of the seized/confiscated items shall be done in the presence of the suspect or his representative or counsel, with elected public official and a representative of the National Prosecution Service (NPS) or the media, who shall be required to sign the copies of the inventory of the seized or confiscated items and be given copy thereof. In case of their refusal to sign, it shall be stated "refused to sign" above their names in the certificate of inventory of the apprehending or seizing officer.

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The Court finds that the prosecution sufficiently established compliance with the afore-cited rules.

The first link refers to the seizure and marking which must be done immediately at the place of the arrest. Too, it includes the physical inventory and taking of photographs of the seized drug which should be done in the presence of the accused or his/her representative or counsel, together with an elected public official and a representative of the Department of Justice or the media.

Here, poseur-buyer PO3 Avila immediately marked the seized items at the place of arrest. The subject of the buy-bust sale was marked "CJC-BB 10/19/15" while the five (5) plastic sachets seized from appellant upon lawful arrest were marked "CJC-P1 10/19/15" to "CJC-P5 10/19/15". 11 He then placed them in separate brown envelopes. Thereafter, the team returned to their office where the seized items were inventoried and photographed in the presence of Barangay Kagawad Julito Zerna, media representative Neil Rio, DOJ Representative Anthony Chilius Benlot, and appellant himself. 12

Appellant, however, insists that the inventory was not properly performed. For the insulating witnesses, albeit complete, were all reduced to mere rubberstamps as their participation was limited to the mechanical act of signing the inventory form without actually witnessing its preparation. 13

We disagree.

Contrary to appellant's assertion, the participation of the insulating witnesses' was not limited to merely signing the inventory forms. On the contrary, they fulfilled their significant role in ensuring the identity and integrity of the seized items as recorded.

DOJ Representative Anthony Chilius Benlot thus testified: 14

DIRECT EXAMINATION BY PROS. ANTONIO:

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Q You said that you were requested to witness an inventory, did you witness said inventory?

A Yes, sir.

Q What did you do during this time?

A Before I signed the inventory sheet, sir, I checked first if it tallied and when I observed and noticed that it tallied, that's the time I affixed my signature and I put the time sir.

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Q These items that are listed in this inventory, were you able to read and see these items? cSEDTC

A Yes, sir.

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CROSS-EXAMINATION BY ATTY. BANDAL:

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Q So all you had to do was just to compare the items and affixed your signature?

A Compared the items, sir.

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Kagawad Julito Zerna also testified: 15

PROS. ANTONIO:

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For the record, Your Honor, the witness identified the signature above the name Kagawad Julito B. Zerna, elected official, marked as Exhibit "E-4" for the prosecution, Your Honor.

Q Mr. witness, there are items listed in this inventory, were you able to read the contents of this document?

A Yes.

Q Were you able to see all these items listed in this document?

A Yes.

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Q What did you do first before you signed this document?

A I read it first.

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Q What about these items on top of the table on top a black paper, what are these items?

A Those were the items allegedly taken.

Q Are these items listed in the inventory?

A Yes.

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CROSS-EXAMINATION BY ATTY. BANDAL:

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Q So all you had to do, Mr. Witness, was just to compare the items and put your signature?

A Yes. (Emphases supplied)

Indeed, the insulating witnesses were able to compare the inventory report with the actual items listed thereon.

The second link is the transfer of the seized drug by the apprehending officer to the investigating officer. It is the investigating officer who prepares the necessary documents for the proper transfer of the evidence to the police crime laboratory for testing. Thus, the investigating officer's possession of the seized drug must be documented and established. 16

Here, PO3 Avila remained in custody of the seized drugs from the place of arrest up to the police station where the items were inventoried and photographed until the same were turned over to the crime laboratory for examination. There was no investigating officer who came into the picture insofar as the custody of the drugs was concerned. As it was, PO3 Avila himself prepared the investigation form and the letter request for qualitative examination. In other words, PO3 Avila was able to account for the condition of these drugs all through these timelines. Verily, the integrity and identity of the corpus delicti, therefore, was duly preserved during this stage.

The third link is the delivery by the investigating officer of the illegal drug to the forensic chemist. Once the seized drug arrives at the forensic laboratory, it will be the laboratory technician who will test and verify the nature of the substance. Additionally, the fourth link involves the submission of the seized drugs by the forensic chemist to the court when presented as evidence in the criminal case. 17

Both links were duly established here. PO3 Avila testified that he turned over the subject drugs to the crime laboratory. The same were duly received by PO3 Edilmar Manaban, who, in turn, gave them to Forensic Chemist Police Chief Investigator (PCI) Josephine Llena. SDAaTC

Per Chemistry Report No. D-411-15, Forensic Chemist PCI Llena found the specimens positive for methamphetamine hydrochloride or shabu, a dangerous drug. 18 Thereafter, PCI Llena personally turned over the specimens to the trial court and identified the same in open court. 19

In sum, the prosecution was able to establish all the links in the chain of custody and accounted for the specimens' proper handling and preservation at every stage. Thus, the Court of Appeals did not err when it affirmed the verdict of conviction against appellant for violations of Sections 5 20 and 11 21 of RA 9165, as amended. Pursuant to these provisions, appellant was correctly sentenced to life imprisonment and a fine in the amount of P500,000.00 for the illegal sale of dangerous drugs, and to an indeterminate penalty of twelve (12) years and one (1) day as minimum term to fourteen (14) years, as maximum and a fine of P400,000.00 for illegal possession of dangerous drugs.

WHEREFORE, the appeal is DISMISSED. The Decision dated August 29, 2019 of the Court of Appeals in CA-G.R. CR-HC No. 02674 is AFFIRMED.

In Criminal Case No. 2015-23224, appellant Chris John Custodio y Argote n a.k.a. "Bolongkoy" is found GUILTY of Illegal Sale of Dangerous Drugs. He is sentenced to life imprisonment and fine of P500,000.00.

In Criminal Case No. 2015-23225, appellant Chris John Custodio y Argote n a.k.a. "Bolongkoy" is found GUILTY of Illegal Possession of Dangerous Drugs. He is sentenced to twelve (12) years and one (1) day to fourteen (14) years of imprisonment and a fine of P400,000.00. AaCTcI

SO ORDERED."

By authority of the Court:

(SGD.) LIBRADA C. BUENADivision Clerk of Court

By:

MARIA TERESA B. SIBULODeputy Division Clerk of Court

 

Footnotes

1. 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; Effective on August 7, 2014.

2.People v. Hilario, 823 Phil. 580, 594 (2018).

3. TSN, PO3 Al Lester Avila, May 25, 2017.

4.People v. Hilario, supra note 2.

5. TSN, PO3 Al Lester Avila, May 25, 2017.

6. CA Decision, p. 8.

7.People v. Quijano, G.R. No. 247558, February 19, 2020.

8.Jocson v. People, G.R. No. 199644, June 19, 2019.

9. As defined in Section 1 (b) of Dangerous Drugs Board Regulation No. 1, Series of 2002:

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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[.] x x x

10.People v. Dahil, 750 Phil. 212, 231 (2015).

11. Other seized items include two (2) pieces hand-rolled tin foils marked "CJC-P6 10/19/15"; the black rectangular plastic container marked "CJC-P7 10/19/15"; and the two (2) pieces disposable lighters. "CJCP8 10/19/15" at the place of arrest.

12. CA Decision, pp. 5-6.

13. CA rollo, pp. 22-25; Appellant's Brief, p. 10.

14. TSN, Anthony Chilius Benlot, May 30, 2017.

15. TSN, Kagawad Julito Zerna, June 1, 2017.

16.People v. Del Rosario, G.R. No. 235658, June 22, 2020.

17.People v. Bangcola, G.R. No. 237802, March 18, 2019.

18. CA rollo, p. 18.

19. RTC Decision, p. 6.

20. 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 (P500,000.00) 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.

21. SEC. 11. Possession of Dangerous Drugs. — The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any person, who, unless authorized by law, shall possess any dangerous drug in the following quantities, regardless of the degree of purity thereof:

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(3) Imprisonment of twelve (12) years and one (1) day to twenty (20) years and a fine ranging from Three hundred thousand pesos (P300,000.00) to Four hundred thousand pesos (P400,000.00), if the quantities of dangerous drugs are less than five (5) grams of x x x methamphetamine hydrochloride or "shabu" x x x.

n Note from the Publisher: Written as "Argota" in the official document.