THIRD DIVISION
[G.R. No. 228950. January 10, 2018.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee,vs. ALLAN RAMOS PALOMO, accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution datedJanuary 10, 2018, which reads as follows:
"G.R. No. 228950 (People of the Philippines vs. Allan Ramos Palomo). — Before this Court is an Appeal from the March 17, 2016 Decision 1 of the Court of Appeals (CA) in CA-G.R. CR-HC No. 01265-MIN upholding the conviction of accused-appellant Allan Ramos Palomo (Palomo) for violation of Sections 5 and 11 of Republic Act No. 9165 (R.A. 9165), otherwise known as "The Comprehensive Dangerous Drugs Act of 2002."
The Facts
Two separate Informations were filed before the Regional Trial Court (RTC) Branch 32 in Lupon, Davao Oriental charging Palomo, with violation of Sections 5 and 11 of R.A. 9165, committed as follows:
Criminal Case No. 1435-12
That on or about July 17, at Lupon, Davao Oriental, within the jurisdiction of this Honorable Court, the above-named accused, without authority of law, then and there willfully, unlawfully, and feloniously sells [sic] Methamphetamine Hydrochloride, a dangerous drug, with an estimated weight of 0.0282 grams, more or less. It is contrary to law. 2
Criminal Case No. 1436-12
That on or about July 17, at Lupon, Davao Oriental, within the jurisdiction of this Honorable Court, the above-named accused, without authority of law, then and there willfully, unlawfully, and feloniously possesses [sic] Methamphetamine Hydrochloride, a dangerous drug, with an estimated weight of 0.0172 grams, more or less. It is contrary to law. 3
Palomo pleaded not guilty to both charges. Trial on the merits ensued thereafter. 4
Version of the Prosecution
The prosecution presented the following witnesses: Forensic Chemist, Police Chief Inspector Virginia Gucor (PCI Gucor); evidence custodian, PO1 Jason Buligan (PO1 Buligan); assigned poseur-buyer, Philippine Drug Enforcement Agency (PDEA) Agent Marlaw P. Laurente (Agent Laurente); and apprehending officer, PDEA Agent Eleazar R. Arapoc (Agent Arapoc). 5
According to the prosecution, Agent Arapoc received a report from a confidential informant on July 17, 2012 that Palomo was active in peddling dangerous drugs, particularly shabu. Acting on the said information, Agent Arapoc formed a team to conduct a buy-bust operation and thereafter secured authority from the PDEA Regional Office to proceed with the operation at Z-Kat Internet Café along Camarra St., Poblacion, Lupon, Davao Oriental. 6
Upon meeting at the rendezvous, the informant introduced Agent Laurente to Palomo as a friend who wants to buy shabu. Palomo asked how much will Agent Laurente buy, to which the latter replied P1,000.00 worth. Palomo then took out one small heat-sealed transparent sachet containing white crystalline substance weighing 0.0172 grams from his pocket then gave it to Agent Laurente in exchange for the P1,000.00 bill marked money. After receiving the sachet, Agent Laurente gave the pre-arranged signal to the team that the sale was consummated. The rest of the team then rushed to the scene and arrested Palomo. When Agent Arapoc frisked Palomo, he recovered from the latter the P1,000.00 bill marked money and another heat-sealed plastic sachet containing white crystalline substance weighing 0.0282 grams. 7
After the arrest was effected, the team marked and took pictures of the seized items. They then proceeded to the Lupon Municipal Police Station where they conducted the inventory of evidence in the presence of Palomo, a media representative, and a barangay kagawad. The seized items were then submitted by Agent Laurente to the PNP Provincial Crime Laboratory for examination. 8
On July 18, 2012, PCI Gucor conducted the laboratory examination which yielded positive results for methamphetamine hydrochloride, a dangerous drug. 9
Version of the Defense
Maintaining his innocence, Palomo presented himself and a certain Roel Mendoza (Roel) as witnesses. 10 The theory of the defense is as follows:
On July 17, 2012, at around 7:00 o'clock in the evening, Palomo was having dinner with his family at their house in Market Avenue, Poblacion, Lupon, Davao Oriental, when a certain Richard Aharad (Richard) sent Palomo a text message demanding payment of the money he owed in the amount of P3,083.00. Palomo requested Richard to go to their house in Market Avenue but the latter declined and asked Palomo to go to Z-Kat Internet Café instead, to which Palomo agreed. 11
When Palomo was about to cross Camarra Street, Roel casually called him and asked him where he is going. Palomo answered that he is going to Z-Kat Internet Café. Immediately thereafter, Roel saw Palomo outside Z-Kat Internet Café suddenly accosted by about five (5) persons who introduced themselves as PDEA agents. They then immediately arrested Palomo, aiming their handguns at him while the latter was being handcuffed. The purported buy-bust operation never took place. 12
Palomo was then brought to Lupon Police Station by the PDEA agents where the latter prepared two (2) sachets of shabu and a one thousand peso (P1,000.00) bill. A member of the press and a barangay kagawad then arrived at the police station to sign a ready inventory receipt without any actual inventory conducted by the PDEA agents. 13
RTC Ruling
On February 19, 2014, the RTC rendered its Judgment 14 finding Palomo guilty, thus:
WHEREFORE, premises considered, judgement [sic] is hereby rendered as follows:
(a) The Court finds accused ALLAN RAMOS PALOMO guilty beyond reasonable doubt in criminal case no. 1435-12 for violation of Section 5, Article II of R.A. 9165. aScITE
Accordingly, he is hereby sentenced to suffer the penalty of life imprisonment and to pay a fine in the amount of P500,000.00
(b) The Court finds accused ALLAN RAMOS PALOMO guilty beyond reasonable doubt in criminal case no. 1436-12 for violation of Section 11, Article II of R.A. 9165.
Accordingly, he is hereby sentenced to suffer the indeterminate penalty of 12 years and eight months, as minimum, to 17 years and eight months, as maximum, and a fine of P300,000.00.
The 0.0282 grams of methamphetamine hydrochloride involved in criminal case no. 1435-12 and 0.0172 grams of methamphetamine hydrochloride involved in criminal case no. 1436-12 are ordered to be turned-over to the Philippine Drug Enforcement Agency for proper disposition and final disposal.
SO ORDERED. 15
In so ruling, the RTC gave credence to the prosecution's version of the events and found that all the elements of the crime of illegal sale and illegal possession of shabu had been successfully established in the instant case. 16
Aggrieved, Palomo appealed to the CA.
CA Ruling
In its March 17, 2016 Decision, the CA affirmed the guilty verdict of the RTC, viz.:
WHEREFORE, foregoing premises considered, the instant appeal is DENIED. The [19] February 2014 Judgment of the Regional Trial Court, Branch 32, Lupon, Davao Oriental in Criminal Cases Nos. 1435-12 and 1436-12 is hereby AFFIRMED.
SO ORDERED. 17
The CA found no error on the part of the RTC in its reliance on the prosecution's version of the events surrounding Palomo's arrest and the custody of the seized dangerous drugs thereafter. It held that there is no evidence of ill-motive on the part of the arresting officers and that every link in the movement and custody of the confiscated shabu had been clearly established. 18
Hence, the instant appeal.
The Issue
The sole issue before this Court is whether or not the CA erred in affirming Palomo's conviction. Palomo argues that the prosecution failed to establish his guilt beyond reasonable doubt as irregularities abound in his apprehension and the chain of custody of the dangerous drugs allegedly recovered from him.
The Court's Ruling
The appeal is unmeritorious.
A review of the records of the case reveals that Palomo's guilt had been clearly established beyond reasonable doubt.
For the violation of Section 5, the prosecution satisfactorily proved the existence of the following elements: (1) the identity of the buyer and the seller, the object and the consideration; and (2) the delivery of the thing sold and the payment therefor. 19
In the present case, during a buy-bust operation, Agent Laurente was introduced to Palomo by the informant as a friend who wants to buy P1,000.00 worth of shabu. Thereafter, Palomo handed 0.0172 grams of shabu to Agent Laurente in exchange for the P1,000.00 bill marked money. After receiving the shabu, Agent Laurente immediately gave the pre-arranged signal that the sale was consummated and the team monitoring the transaction from a viewing distance arrived and arrested Palomo. When Agent Arapoc frisked Palomo, he recovered from the latter the P1,000.00 bill marked money and another heat-sealed plastic sachet also containing shabu weighing 0.0282 grams. 20
Similarly, the elements for the illegal possession of dangerous drugs in violation of Section 11 were also adequately established, to wit: Palomo was shown to have been in possession of 0.0282 grams of shabu, a prohibited drug; his possession was not authorized by law; and that he freely and consciously possessed the said illegal drug. 21
The trial court therefore correctly ruled that the elements of the crime of illegal sale and illegal possession of dangerous drugs under Sections 5 and 11, Article II of R.A. 9165 were successfully established by the prosecution.
Furthermore, records show the unbroken chain of custody over the corpus delicti of the offenses. As observed by the CA, the movements and custody of the two (2) sachets of shabu from its confiscation until presentation in court were properly recorded and established by testimonial evidence, to wit:
Evidence on record shows that from the moment the two sachets of shabu were confiscated from Allan, they were immediately marked by Agent Laurente, for the illegal sale, and Agent Arapoc for the illegal possession in the scene of the crime and in the presence of Allan. After that photographs of the two sachets of shabu were taken in the crime scene and inventory of the seized items was conducted in the police station. The photograph and inventory were made in the presence of Allan.
On the same day the seized items were transported to the crime laboratory in Mati with Agent Laurente as custodian and accompanied by Agent Arapoc. In the crime laboratory in Mati, the seized items were received by PO3 Cubillan as evidenced by the request for laboratory examination of the said items. The seized items were then sent to Tagum City to be examined. The officer who delivered the seized items was PO3 Cubillan. PCI Gucor then conducted an examination on the contents of the two sachets. After conducting the laboratory examination, PCI Gucor turned over the specimens to PO3 Cubillan. PO3 Cubillan was then replaced by PO1 Buligan as the new evidence custodian and since then he was in the custody of the specimens. PO1 Buligan turned it over to PCI Gucor for presentation in court as evidence.
The foregoing trail, as sufficiently presented by the prosecution, clearly established every link in the movement and custody of the seized dangerous drugs. 22
Thus, contrary to Palomo's claims, the integrity and the evidentiary value of the seized items were not compromised in the instant case. The substance confiscated from Palomo, which yielded positive results for methamphetamine hydrochloride or shabu, were the same as those presented in court and offered as evidence.
All told, the presentation in court of the corpus delicti or the illicit drug in evidence, coupled with the positive testimonies of the prosecution witnesses that Palomo illegally sold and possessed the said dangerous drug, undeniably established Palomo's guilt. Palomo bears the burden of showing that the evidence was tampered or meddled with to overcome a presumption of regularity in the handling of exhibits by public officers, and that the latter properly discharged their duties. 23 In this case, however, he failed to discharge such burden. Hence, there is no justifiable reason to disturb the findings of the CA.
IN VIEW OF THE FOREGOING, the instant appeal is DISMISSED for lack of merit. The Decision dated March 17, 2016 of the Court of Appeals in CA-G.R. CR-HC No. 01265-MIN which affirmed the Judgment dated February 19, 2014 of the Regional Trial Court of Lupon, Davao Oriental, Branch 32 in Criminal Case Nos. 1435-12 and 1436-12 finding herein accused-appellant ALLAN RAMOS PALOMO guilty beyond reasonable doubt of violation of Sections 5 and 11 of Republic Act No. 9165, sentencing him to suffer the penalty of life imprisonment and to pay a fine in the amount of P500,000.00, for violation of Section 5, Article II, Republic Act No. 9165, and imprisonment of twelve (12) years and eight (8) months, as minimum, to seventeen (17) years and eight (8) months, as maximum, and a fine of P300,000.00, for violation of Section 11, Article II, Republic Act No. 9165 is hereby AFFIRMED.
SO ORDERED."
Very truly yours,
(SGD.) WILFREDO V. LAPITANDivision Clerk of Court
Footnotes
1. Penned by Justice Ruben Reynaldo G. Roxas and concurred in by Justices Edgardo T. Lloren and Rafael Antonio M. Santos, rollo, pp. 3-16.
2.Rollo, p. 4.
3.Rollo, p. 5.
4.Id.
5.Rollo, p. 5.
6.Id.
7.Id. at p. 6.
8.Id. at p. 7.
9.Id.
10.Id. at p. 8.
11.Id. at p. 8.
12.Id. at p. 9.
13.Id.
14. Penned by Judge Emilio G. Dayanghirang III; CA rollo, pp. 52-69.
15. CA rollo, p. 68.
16. CA rollo, pp. 66-67.
17.Rollo, pp. 15-16.
18.Rollo, pp. 10-14.
19.People v. Opiana, G.R. No. 200797, January 12, 2015.
20.Id. at p. 6.
21.People v. Opiana, G.R. No. 200797, January 12, 2015.
22.Rollo, p. 13.
23.People v. Ygot, G.R. No. 210715, July 18, 2016.