SECOND DIVISION
[G.R. No. 213272. October 3, 2016.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. EDGAR LOPEZ ALIAS "EGA," accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated 03 October 2016 which reads as follows:
"G.R. No. 213272 — People of the Philippines, plaintiff-appellee, v. Edgar Lopez alias "Ega," accused-appellant.
After a careful review of the records of the case, the Court finds the appeal to be lacking in merit. We adopt the findings of facts of the trial court as affirmed by the Court of Appeals (CA).
The prosecution satisfactorily established the elements of illegal sale of shabu, to wit: (1) identity of the buyer and the seller, the object and consideration; and (2) the delivery of the thing sold and the payment therefor. Police officer Patrick O. Mumar (Mumar) who acted as poseur buyer positively identified appellant Edgar Lopez alias "Ega" as one of the sellers of the shabu during the buy-bust operation. Appellant gave to the poseur buyer one plastic heat-sealed sachet containing white crystalline substance in exchange for marked money. Upon qualitative examination at the crime laboratory, the seized item weighing 0.08 gram tested positive for shabu.
The CA correctly disregarded appellant's contention that his identity as seller was not properly established since the confiscated items were not marked using his initials. There is no rule requiring that the seized items be marked using the initials of the accused. No particular form of marking is required. What is important is that the confiscated items are marked and said markings are consistent thereby making the identification of the shabu beyond question.
Besides, the poseur buyer positively identified appellant as the person who delivered the shabu, to wit:
The foregoing testimony [of Mumar] indisputably shows that the appellant was in fact the seller of the illicit drug. Appellant facilitated the illegal transaction. It was with him that the confidential asset and PO3 1 Mumar transacted in buying the packet of shabu. Accordingly, appellant cannot just evade liability simply because the packet of shabu which was the subject of the sale came from the possession of Neil Maturillas Gaviola. Neither can he assert that he was not the real seller on the basis that the marking was not in his initials. It must be recalled that the police officers explained that the recovered plastic pack of shabu was marked with "NMG" considering that the same actually came from the possession of Neil Gaviola and that it was the latter who was initially arrested. In fact, another case was likewise filed ahead against said Gaviola.
Moreover, notwithstanding that the illegal transaction took place in a dimly-lighted area, the fact that the sale actually occurred cannot be denied. As clearly pointed out, the poseur buyer himself, PO3 Mumar, testified clearly and in no uncertain terms that he was able to buy from appellant a packet of shabu worth Php100.00. This positive declaration of PO3 Mumar was further duly corroborated by SPO1 Rosales when he testified that he actually saw the exchange of the buy-bust money and the illicit drug. SDHTEC
In like manner, there could likewise be no confusion as to the identity of appellant as the seller in view of the positive identification made by PO3 Mumar in court. With no hesitation, PO3 Mumar identified appellant as the same "Ega" who was the subject of their April 10, 2004 buy-bust operation and the person who transacted with him on the sale of shabu. 2
There is likewise no merit in appellant's assertion that there was failure on the part of the police officers to preserve the integrity and evidentiary value of the seized shabu. We again quote with approval the ruling of the CA, viz.:
To recall, right after the illegal sale took place, PO3 Mumar made the pre-arranged signal by calling PO1 3 [Dindo] Lumapac 4 on his cellphone. However, upon sensing that the police team was approaching, appellant was able to run away leaving behind Gaviola who was apprehended by the police officers. At that point, the illicit drug subject of the sale was in PO3 Mumar's possession. Thereafter, he gave it to SPO1 5 [Elmo] Rosales who marked the same at the crime scene with his initials "NMG" representing Neil Maturillas Gaviola. On their way to the police station, the confiscated illegal drug remained in the possession of SPO1 Rosales. At the station, the latter prepared a letter-request for its laboratory examination. Thereafter, the letter-request and the confiscated illicit drug were brought by PO1 Lumapac, together with SPO1 Rosales and PO3 Mumar, to the PNP Crime Laboratory for laboratory examination and received by a certain PO2 Cabahug. Thereafter, P/Sr. Insp. [Alexander] Patriana conducted a forensic laboratory examination on the specimen submitted and the result yielded positive for the presence of methylamphetamine hydrochloride, or commonly known as shabu as evidenced by Chemistry Report No. D-640-2004 and Certification dated April 12, 2004 which was issued by Police Senior Inspector Forensic Chemical Officer David Alexander Patriana.
Given the foregoing undisputed facts, there can be no question at all that the evidentiary value and integrity of the seized items had been duly preserved. 6
In fine, we entertain no doubt that appellant is guilty of violation of Section 5, Article II, Republic Act No. 9165 (RA 9165) or The Comprehensive Dangerous Drugs Act of 2002. The penalty for the unauthorized sale of shabu is life imprisonment to death and a fine ranging from P500,000.00 to P10 million, regardless of its quantity and purity. The Regional Trial Court of Cebu City, Branch 57 in Crim. Case No. CBU-70989 and the Court of Appeals in CA-G.R. CEB-CR HC No. 01216 thus correctly found appellant Edgar Lopez alias "Ega" guilty beyond reasonable doubt of violation of Section 5, Article II, RA 9165 and accordingly sentenced him to suffer the penalty of life imprisonment and to pay a fine of P500,000.00.
WHEREFORE, we ADOPT the findings of facts of the trial court as affirmed by the Court of Appeals. The appeal is DISMISSED. The assailed April 25, 2014 Decision of the Court of Appeals in CA-G.R. CEB-CR HC No. 01216 finding appellant Edgar Lopez alias "Ega" guilty beyond reasonable doubt of violation of Section 5, Article II of Republic Act No. 9165 and sentencing him to suffer the penalty of life imprisonment and to pay a fine of P500,000.00 is AFFIRMED. AScHCD
SO ORDERED.(Carpio, J., on official leave; Brion, J., on leave)"
Very truly yours,
MA. LOURDES C. PERFECTODivision Clerk of Court
By:
(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1. PO1 in some parts of the records.
2. CA rollo, p. 141.
3. PO2 in some parts of the records.
4. Lumapad or Lumapak in some parts of the records.
5. SPO4 in some parts of the records.
6. CA rollo, pp. 142-143.