FIRST DIVISION
[G.R. No. 236846. October 16, 2019.]
EDDIE C. PIZARRO, accused-appellant, vs.PEOPLE OF THE PHILIPPINES, plaintiff-appellee.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedOctober 16, 2019which reads as follows:
"G.R. No. 236846 (EDDIE C. PIZARRO,Accused-Appellant, v. PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee.) — The Court dismisses this appeal for failure of the accused-appellant to prove that the Court of Appeals (CA) erred in promulgating its July 31, 2017 decision, 1 whereby the CA affirmed the December 8, 2015 decision of the Regional Trial Court (RTC) Branch 13, Laoag City, finding him guilty beyond reasonable doubt for the illegal sale of dangerous drugs.
The mere fact that a buy-bust operation was planned quickly did not show, much less prove, that it was defective or that it was not actually done. Contrary to the petitioner's claim, there was ample evidence to prove that the buy-bust operation indeed took place and was regularly conducted. As borne by the records, the apprehending officers conducted an inventory of the confiscated drug at the place of the transaction and photographed the same in the presence of the accused and the barangay captain. The confiscated drug and other items had also been properly marked. More importantly, every person who handled the confiscated drug had been identified, and their possession of the seized drug had also been accounted for during trial. 2 We did not see any indication that the confiscated drug had been improperly handled or if any of the secure markings by the forensic chemist and the other police officers were tampered with. Verily, the chain of custody of the seized contraband had been unbroken. Thus, the CA did not err in upholding the conviction of the petitioner.
WHEREFORE, the Court DISMISSES the appeal and AFFIRMS the July 31, 2017 decision and January 18, 2018 resolution of the Court of Appeals in CA-G.R. CR-HC No. 08085.
SO ORDERED."Perlas-Bernabe, J.,on official business;Gesmundo, J.,designated as Acting Working Chairperson per SpecialOrder No. 2717 dated October 10, 2019;Zalameda, J.,designated as Additional Member per Special Order No. 2712 dated September 27, 2019.
Very truly yours,
(SGD.) LIBRADA C. BUENADivision Clerk of Court
Footnotes
1.Rollo, pp. 35-52; the assailed decision and resolution were penned by Associate Justice Mariflor P. Punzalan Castillo, with the concurrence of Associate Justice Ma. Luisa Quijano-Padilla and Associate Justice Renato C. Francisco.
2.Id. at 50-51.