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Supreme Court of the Philippines

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678 Phil. 831

FIRST DIVISION
G.R. No. 186131, December 14, 2011
PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE,
VS. BENJAMIN AMANSEC Y DOA, ACCUSED-
APPELLANT.
DECISION
LEONARDO-DE CASTRO, J.:

For review is the April 15, 2008 Decision[1] of the Court of Appeals in CA-
G.R. CR.-H.C. No. 02557, which affirmed the Regional Trial Courts (RTC)
August 30, 2006 Decision[2] in Criminal Case No. Q-03-118187,[3] wherein
accused-appellant Benjamin Amansec y Dona (Amansec) was found guilty
beyond reasonable doubt of violating Section 5, Article II of Republic Act No.
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9165.

On June 18, 2003, Amansec was charged before the Quezon City RTC, Branch
95 of violation of Sections 11 and 5, Article II of Republic Act No. 9165 or the
Comprehensive Dangerous Drugs Act of 2002. The pertinent portions of the
Informations[4] are as follows:

Crim. Case No. Q-03-118186

The undersigned accuses BENJAMIN AMANSEC Y DONA of

violation of Section 11, Art. II, R.A. 9165 (Comprehensive
Dangerous Drugs Act of 2002), committed as follows:

That on or about the 15th day of June, 2003 in Quezon City,

Philippines, the said accused, not being authorized by law to possess
or use any dangerous drug, did and there willfully, unlawfully and
knowingly have in his/her possession and control zero point zero
nine (0.09) gram of white crystalline substance containing
Methylamphetamine Hydroc[h]loride otherwise known as
SHABU a dangerous drug.[5]

Crim. Case No. Q-03-118187

The undersigned accuses BENJAMIN AMANSEC Y DONA

a.k.a. Benjie for violation of Section 5, Article II, R.A. 9165,
Comprehensive Dangerous Drugs Act of 2002, committed as
follows:

That on or about the 15th day of June, 2003 in Quezon City,

Philippines, the said accused, not being authorized by law to sell,
dispense, deliver, transport or distribute any dangerous drug, did,
then and there, willfully and unlawfully sell, dispense, deliver,
transport, distribute or act as broker in the said transaction, zero
point zero nine (0.09) gram of white crystalline substance
containing Methylamphetamine Hydroc[h]loride otherwise
known as SHABU a dangerous drug.[6]

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Amansec pleaded not guilty to both charges upon his arraignment[7] on August
7, 2003. After the termination of the pre-trial conference[8] held on October 2,
2003, trial on the merits followed.

The prosecutions first witness was Engineer Bernardino M. Banac, Jr., a

forensic chemist from the Philippine National Police (PNP) Crime Laboratory.
However, upon agreement by the prosecution and the defense, his testimony
was dispensed with, and in lieu thereof, the following stipulations and
admissions were made by the parties:

1. That on June 16, 2003, a request for laboratory examination was

prepared and sent by La Loma Police Station 1 to the Central
Police District Crime Laboratory together with the specimens
which were received by the said office on June 16, 2003, as
shown in the stamp marked received attached to the said request
for laboratory examination;

2. That upon receipt of the said request, a qualitative examination

was conducted by the Central Police District Crime Laboratory
Office, examined by Engr. Bernardino M. Banac, Jr. and that the
specimens were found to be positive to the test for
Methylamphetamine Hydrochloride, a dangerous drug which
findings conducted contained in Chemistry Report No. D-472-
03 dated June 16, 2003;

3. That attached to said Chemistry Report is a small brown

envelope which when opened by the Court Interpreter yielded
three heat-sealed transparent plastic sachets containing white
crystalline substance with markings : A (JR-BA)= 0.09 gram; B
(RP-BA)= 0.09 gram; C (RV-JM)= 0.09 gram; [and]

4. That the forensic chemical officer has no personal knowledge

leading to the arrest of the accused as well as the source of
specimens.[9]

On July 15, 2004, the RTC granted the prosecutions motion[10] to try the two
cases jointly.

The prosecutions version, which was primarily lifted from the testimonies of

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two of the operatives involved in the buy-bust operation, is summarized below:

Police Officer (PO) 1 Alfredo Mabutol, Jr. and PO2 Ronald Pascua, members
of the PNP assigned at Station Drug Enforcement Unit (SDEU) of the La
Loma Police Station, testified that on June 15, 2003, at around 11:00 p.m., while
they, along with PO1 Roderick Valencia and their Officer-in Charge (OIC),
Police Inspector Oliver Villanueva were on duty, an informant, whose identity
remained confidential, arrived at the station to talk to Villanueva. After talking
to the informant, Villanueva formed a team for a buy-bust operation against
Amansec, at Santos St., Barangay Damayan, San Francisco Del Monte, Quezon
City. The team consisted of Mabutol as the poseur-buyer and Pascua and
Valencia as his back-up members. Villanueva then gave Mabutol a one hundred
peso (P100.00) bill to be used as his buy-bust money. Mabutol marked this with
his initials JR on the lower left side portion and listed its serial number in his
dispatch book. The team, with their informant, then proceeded to the target
area using a white marked vehicle with red plate. As soon as they reached the
place, Mabutol and the informant moved ahead to the house of Amansec at
Santos St., corner Caragay St., while the rest of the team positioned themselves
at a strategic location, keeping Amansec within viewing distance. The
informant then introduced Mabutol to Amansec as a drug addict, in dire need
of drugs. Mabutol had just told Amansec that he was going to purchase one
hundred pesos worth of shabu when another buyer, later identified as Jerome
Pintis, came up to Amansec to also buy shabu. Amansec then showed both
Pintis and Mabutol three plastic sachets containing crystalline substance. Pintis
gave a one hundred peso bill to Amansec who in return, let him pick one of the
three plastic sachets. After Pintis left, Amansec continued his transaction with
Mabutol, and gave Mabutol another of the remaining two plastic sachets after
receiving the buy-bust money. Mabutol thereafter examined the plastic sachet
he obtained from Amansec, and suspecting it to be shabu, scratched the right
side of his head with his right hand to signal his team to approach the target.
Valencia immediately arrested Pintis and recovered from the latter one plastic
sachet, while Pascua went after Amansec, who, upon seeing Pintis arrest, tried
to run away. Pascua thereafter frisked Amansec and retrieved the buy-bust
money that Mabutol had given Amansec, and another plastic sachet. The team
then brought Pintis and Amansec to the Station Investigator. The team also
marked with their initials the plastic sachets that they had recovered and turned
them over to their Investigator. They later brought the plastic sachets to the
Crime Laboratory to have their contents examined for the presence of shabu.
[11]

The examination made by Engr. Banac on June 16, 2003, yielded the following
results, as stated in his Chemistry Report No. D-472-03[12]:
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TIME AND DATE RECEIVED: 1200H 16 JUNE 2003

REQUESTING PARTY/UNIT: OIC, SDEU

PS-1 CPD
Laloma QC

SPECIMEN SUBMITTED:

Three (3) heat-sealed transparent plastic sachets containing white

crystalline substance having the following markings and recorded net
weights:

A(JR-BA) = 0.09 gram C(RV-JM) = 0.09 gram

B(RP-BA) = 0.09 gram

xxxx

PURPOSE OF LABORATORY EXAMINATION:

To determine the presence of dangerous drugs. xxx

FINDINGS:

Qualitative examination conducted on the above-stated specimens

gave POSITIVE results to the tests for Methylamphetamine
hydrochloride, a dangerous drug. x x x.

CONCLUSION:

Specimens A, B, and C contain Methylamphetamine hydrochloride, a

dangerous drug. x x x.

TIME AND DATE COMPLETED: 1400H 16 JUNE 2003

This report, along with the three plastic sachets with white crystalline substance,
and the P100.00 bill[13] recovered from Amansec, were presented in court, and,
except for the plastic sachets, were submitted to the court as evidence.

The defense presented Amansec who vehemently denied, on the witness stand,
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the charges against him. He testified that on June 15, 2003, he was in his
residence when two police officers, whom he later came to know as Mabutol
and a certain PO1 Lozada, entered his room and thoroughly searched it. He
was then brought to the precinct where he was instructed to call somebody who
could help him settle his case. As he knew no one who could help him,
Mabutol asked him to give a name of a big-time drug seller/pusher who could
take his place, or pamalit-ulo.[14] Since Amansec did not know any big-time
drug pusher, reasoning that he had been in his residence for only six months
then, the police officers proceeded with the case and he was brought to the
Inquest Prosecutor. Amansec averred that he did not file a case against the
police officers because he did not know how to go about it.[15] On cross-
examination, he said that he was denying the allegations as the police officers
had no proof [of] what they [were] saying.[16] Amansec also stated that the
first time he saw Mabutol and Pascua was when he was arrested, and he did not
know of any grudge or ill motive that they might have against him.[17]

On August 30, 2006, the RTC rendered its Decision, the dispositive portion of
which reads:

WHEREFORE, judgment is hereby rendered finding accused

BENJAMIN AMANSEC Y DONA GUILTY beyond reasonable
doubt as charged in Criminal Case No. Q-03-118187 for violation of
Section 5 of Article II of R.A. 9165, (selling of dangerous drugs) and
he is hereby sentenced him (sic) to suffer the penalty of Life
Imprisonment and to pay a fine of Five Hundred Thousand
(Php500,000.00) pesos.

However, in Criminal Case No. Q-03-118186 for violation of Section

11, Article II of R.A. 9165 (illegal possession of dangerous drugs),
the Court finds the accused NOT GUILTY because the prosecution
failed to prove his guilt beyond reasonable doubt.

The pieces of evidence [that is the] subject matter of these cases are
hereby forfeited in favor of the government and to be disposed of as
provided by law.[18]

In convicting Amansec of violating Section 5, Article II of Republic Act No.

9165, the RTC held that the prosecution was able to establish and satisfy the
elements in the sale of illegal drugs. The RTC averred that Amansec failed to
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prove any ill motive on the part of the police officers whom he admitted to
have met only after his arrest. Moreover, the RTC found the testimonies of
Mabutol and Pascua to be consistent, clear, direct, positive, and corroborative
of the material and significant aspects of what actually transpired.[19]

However, the RTC acquitted Amansec of the illegal possession of dangerous

drugs charge, ratiocinating in this wise:

Anent the second offense, the public prosecutor was able to prove
that indeed the accused was caught in possession of illegal drugs
known as shabu after the entrapment. After the arrest of the
accused for selling illegal drugs, PO2 Ronald Pascua was able to
recover another plastic sachet containing shabu from the accused.
However, the Court is convinced that the second plastic sachet
containing shabu (Exhibit E-2) was intended by the accused to be
sold to the buyer at the time of the buy-bust operation. In People vs.
Hindoy [357 SCRA 692], possession of marijuana is absorbed in the sale
thereof, except where the seller is further apprehended in possession of another
quantity of the prohibited drugs not covered by or included in the sale and which
are probably intended for some future dealings or use by the seller. In the case
at bar, it is clear from the testimonies of the prosecution witnesses
that the second plastic sachet of shabu was shown and offered by the
accused during the transaction in the buy-bust operation.[20]

On September 11, 2006, Amansec filed his Notice of Appeal with the RTC. In
his Brief, [21] Amansec cited irregularities, which allegedly create a reasonable
doubt that a buy-bust operation was conducted. He also questioned the
admissibility of the evidence against him.

However, the Court of Appeals was not convinced by Amansecs arguments.

The Court of Appeals found the prosecutions evidence to be sufficient to
uphold the conviction of Amansec.[22] The Court of Appeals held that [n]on-
compliance by the apprehending officer with Section 21 of [Republic Act] No.
9165 is not fatal as long as there is justifiable ground therefor, and as long as the
integrity and the evidentiary value of the confiscated items, are properly
preserved by the apprehending officers. x x x.[23]

On April 15, 2008, the Court of Appeals rendered its Decision, with the
following fallo:
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WHEREFORE, in view of the foregoing, the assailed decision

dated August 30, 2006 of the Regional Trial Court (RTC) of Quezon
City, Branch 95, in Criminal Case No. Q-03-118187 convicting
accused-appellant BENJAMIN AMANSEC Y DONA for violation
of Section 5, Article II of R.A. No. 9165, sentencing him to suffer
the penalty of Life Imprisonment, and ordering him to pay a fine of
Five Hundred Thousand Pesos (Php500,000.00), is hereby
AFFIRMED.[24]

Aggrieved, Amansec appealed[25] the above ruling to this Court, assigning the
same errors he assigned before the Court of Appeals, to wit:

ASSIGNMENT OF ERRORS

THE TRIAL COURT GRAVELY ERRED IN GIVING WEIGHT

AND CREDENCE TO THE TESTIMONIES OF THE
PROSECUTION WITNESSES DESPITE ITS APPARENT
UNREALITY AS TO HOW THE ALLEGED BUY-BUST
OPERATION WAS CONDUCTED.

II

THE TRIAL COURT GRAVELY ERRED IN FINDING THE

ACCUSED-APPELLANT GUILTY OF SELLING ILLEGAL
DRUGS DESPITE THE INADMISSIBILITY OF THE
EVIDENCE AGAINST HIM FOR HAVING BEEN OBTAINED
IN VIOLATION OF SECTION 21 OF REPUBLIC ACT NO.
9165.

III

THE TRIAL COURT SERIOUSLY ERRED IN HOLDING

THAT THE GUILT OF THE ACCUSED-APPELLANT HAS
BEEN PROVEN BEYOND REASONABLE DOUBT
NOTWITHSTANDING THE PROSECUTIONS FAILURE TO
ESTABLISH THE CHAIN OF CUSTODY OF THE
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SPECIMENS.[26]

The Ruling of this Court

Amansec was charged and convicted for selling methylamphetamine

hydrochloride, more popularly known as shabu, in violation of Section 5,
Article II of Republic Act No. 9165 or the Comprehensive Dangerous Drugs
Act of 2002, which provides:

Section 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.

The penalty of imprisonment ranging from twelve (12) years and one
(1) day to twenty (20) years and a fine ranging from One hundred
thousand pesos (P100,000.00) to Five hundred thousand pesos
(P500,000.00) 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
controlled precursor and essential chemical, or shall act as a broker in
such transactions.

If the sale, trading, administration, dispensation, delivery, distribution

or transportation of any dangerous drug and/or controlled precursor
and essential chemical transpires within one hundred (100) meters
from the school, the maximum penalty shall be imposed in every
case.

For drug pushers who use minors or mentally incapacitated

individuals as runners, couriers and messengers, or in any other
capacity directly connected to the dangerous drugs and/or controlled
precursors and essential chemicals trade, the maximum penalty shall

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be imposed in every case.

If the victim of the offense is a minor or a mentally incapacitated

individual, or should a dangerous drug and/or a controlled precursor
and essential chemical involved in any offense herein provided be the
proximate cause of death of a victim thereof, the maximum penalty
provided for under this Section shall be imposed.

The maximum penalty provided for under this Section shall be

imposed upon any person who organizes, manages or acts as a
"financier" of any of the illegal activities prescribed in this Section.

The penalty of twelve (12) years and one (1) day to twenty (20) years
of imprisonment and a fine ranging from One hundred thousand
pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00)
shall be imposed upon any person, who acts as a "protector/coddler"
of any violator of the provisions under this Section.

Credibility of the Prosecution Witnesses

and conduct of the buy-bust operation

Amansec argues that the trial court erred in giving credence to the testimonies
of the prosecution witnesses as they failed to pass the test in determining the
value of a witnesss testimony that such must be in conformity with
knowledge and consistent with the experience of mankind.[27]

Amasec claims that the charges against him were merely planted and
enumerates the following as evidence, which supposedly creates reasonable
doubt as to the allegation of the prosecution that a buy-bust operation was
conducted[28]:

1. Only Amansec was charged with violating Republic Act No. 9165, and not
Pintis, whom the police officers alleged to have bought shabu from him,
while the buy-bust operation was being conducted.
2. The prosecution failed to produce and present in court the ?100.00 bill
Pintis allegedly used to buy shabu from Amansec.
3. The informant was not presented in court, and no explanation was given
by the prosecution for their failure to do so.
4. There was no surveillance prior to the buy-bust operation conducted by
the police officers.
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5. The buy-bust money used by Mabutol was not dusted with ultraviolet
powder.

Amansecs arguments are untenable. As we have held before, [i]t is for the
party to plan its own strategy and to choose which witnesses to call and what
evidence to submit to support its own cause.[29]

Non-inclusion of Pintis in this case and

Non-presentation of Pintis P100.00 bill
Recovered from Amansec

It is not within the province of this Court to speculate or make presumptions

as to what happened to Pintis after he was arrested. Suffice it to say that he was
apprehended for not only a different, but also, a separate illegal act. He was
caught in flagrante delicto of purchasing shabu from Amansec, and when he was
caught, a plastic sachet, similar to the ones sold to Mabutol and recovered from
Amansec, was found in his possession. Since this had nothing to do with
Amansecs own acts, this Court sees no reason why they should have been tried
jointly.

Anent the P100.00 bill Pintis used to buy shabu from Amansec, this Court also
sees no need for its presentation before the RTC because Amansec was charged
with violation of Section 5, or the illegal sale of dangerous drugs, for selling
shabu to Mabutol, and not to Pintis. Thus, even if Pintis P100.00 peso bill were
presented in court, it would serve very little purpose for the prosecution, and
even for the RTC, as, to reiterate, Amansec was on trial for his act of selling
dangerous drugs to Mabutol, who was then a poseur-buyer, and not to Pintis,
who just happened to buy from him while the buy-bust operation was being
conducted.

Non-Presentation of Informant

This point need not be belabored as this Court, has time and again, held that
the presentation of an informant in an illegal drugs case is not essential for the
conviction nor is it indispensable for a successful prosecution because his
testimony would be merely corroborative and cumulative.[30] If Amansec felt
that the prosecution did not present the informant because he would testify
against it, then Amansec himself should have called him to the stand to testify
for the defense.[31] The informants testimony is not needed if the sale of the
illegal drug has been adequately proven by the prosecution.[32] In People v. Ho

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Chua,[33] we said:

The presentation of an informant is not a requisite in the

prosecution of drug cases. In People v. Nicolas, the Court ruled that
[p]olice authorities rarely, if ever, remove the cloak of confidentiality
with which they surround their poseur-buyers and informers since
their usefulness will be over the moment they are presented in court.
Moreover, drug dealers do not look kindly upon squealers and
informants. It is understandable why, as much as permitted, their
identities are kept secret. In any event, the testimony of the
informant would be merely corroborative.[34]

No prior surveillance conducted

This issue in the prosecution of illegal drugs cases, again, has long been settled
by this Court. We have been consistent in our ruling that prior surveillance is
not required for a valid buy-bust operation, especially if the buy-bust team is
accompanied to the target area by their informant.[35] In People v. Eugenio,[36] we
held:

There is no requirement that prior surveillance should be conducted

before a buy-bust operation can be undertaken especially when, as in
this case, the policemen are accompanied to the scene by their civilian
informant. Prior surveillance is not a prerequisite for the validity of
an entrapment or a buy-bust operation, there being no fixed or
textbook method for conducting one. We have held that when time
is of [the] essence, the police may dispense with the need for prior
surveillance.[37]

Buy-bust money was not

dusted with ultraviolet powder

The failure of the police officers to use ultraviolet powder on the buy-bust
money is not an indication that the buy-bust operation was a sham. The use
of initials to mark the money used in [a] buy-bust operation has been accepted
by this Court.[38] In People v. Rivera,[39] we declared:

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It was x x x the prerogative of the prosecution to choose the manner

of marking the money to be used in the buy-bust operation, and the
fact that it was not dusted with fluorescent powder did not render the
exhibit inadmissible. Indeed, the use of initials to mark the money
used in the buy-bust operation has been accepted by this Court in
numerous cases.[40]

Inventory and Chain of Custody of Evidence

Amansec asserts that his conviction was incorrect because the evidence against
him was obtained in violation of the procedure outlined in Republic Act No.
9165. He claims that Section 21 of the aforesaid act was violated when the
police officers who arrested him did not take his picture with the shabu they
confiscated from him, and when they made no physical inventory of the shabu
in his presence, or in the presence of his representative, the media, the
department of justice, or any elected public official. Amansec avers that his
presumption of innocence prevails over the presumption that the police
officers performed their duty in a regular manner.[41]

He also avers that the prosecution failed to prove the chain of custody of the
evidence obtained from him as the station investigator, to whom the specimens
were turned over, was not presented in court. Moreover, Amansec claims, there
was no evidence to show that the forensic chemist examined the same articles
allegedly confiscated from him. Amansec says that the stipulations made as
regards the testimony of the forensic chemist mentioned nothing about the
chemists actual receipt of the specimens from the Investigator or from any
other person. Amansec argues that the prosecutions failure to establish the
evidences chain of custody is fatal and leads to the unavoidable suspicion on its
integrity.[42]

Section 21 of Republic Act No. 9165, provide as follows:

Section 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

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confiscated, seized and/or surrendered, for proper disposition in the

following manner:

(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;

(2) Within twenty-four (24) hours upon confiscation/seizure of

dangerous drugs, plant sources of dangerous drugs, controlled
precursors and essential chemicals, as well as
instruments/paraphernalia and/or laboratory equipment, the same
shall be submitted to the PDEA Forensic Laboratory for a qualitative
and quantitative examination;

(3) A certification of the forensic laboratory examination results,

which shall be done under oath by the forensic laboratory examiner,
shall be issued within twenty-four (24) hours after the receipt of the
subject item/s: Provided, That when the volume of the dangerous
drugs, plant sources of dangerous drugs, and controlled precursors
and essential chemicals does not allow the completion of testing
within the time frame, a partial laboratory examination report shall be
provisionally issued stating therein the quantities of dangerous drugs
still to be examined by the forensic laboratory: Provided, however, That
a final certification shall be issued on the completed forensic
laboratory examination on the same within the next twenty-four (24)
hours;

(4) After the filing of the criminal case, the Court shall, within
seventy-two (72) hours, conduct an ocular inspection of the
confiscated, seized and/or surrendered dangerous drugs, plant
sources of dangerous drugs, and controlled precursors and essential
chemicals, including the instruments/paraphernalia and/or
laboratory equipment, and through the PDEA shall within twenty-
four (24) hours thereafter proceed with the destruction or burning of
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 DOJ, civil society

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groups and any elected public official. The Board shall draw up the
guidelines on the manner of proper disposition and destruction of
such item/s which shall be borne by the offender: Provided, That
those item/s of lawful commerce, as determined by the Board, shall
be donated, used or recycled for legitimate purposes: Provided, further,
That a representative sample, duly weighed and recorded is retained;

(5) The Board shall then issue a sworn certification as to the fact of
destruction or burning of the subject item/s which, together with the
representative sample/s in the custody of the PDEA, shall be
submitted to the court having jurisdiction over the case. In all
instances, the representative sample/s shall be kept to a minimum
quantity as determined by the Board;

(6) The alleged offender or his/her representative or counsel shall be

allowed to personally observe all of the above proceedings and
his/her presence shall not constitute an admission of guilt. In case
the said offender or accused refuses or fails to appoint a
representative after due notice in writing to the accused or his/her
counsel within seventy-two (72) hours before the actual burning or
destruction of the evidence in question, the Secretary of Justice shall
appoint a member of the public attorney's office to represent the
former;

(7) After the promulgation and judgment in the criminal case wherein
the representative sample/s was presented as evidence in court, the
trial prosecutor shall inform the Board of the final termination of
the case and, in turn, shall request the court for leave to turn over the
said representative sample/s to the PDEA for proper disposition and
destruction within twenty-four (24) hours from receipt of the same;
and

(8) Transitory Provision: a) Within twenty-four (24) hours from the

effectivity of this Act, dangerous drugs defined herein which are
presently in possession of law enforcement agencies shall, with leave
of court, be burned or destroyed, in the presence of representatives
of the Court, DOJ, Department of Health (DOH) and the
accused/and or his/her counsel, and, b) Pending the organization of
the PDEA, the custody, disposition, and burning or destruction of
seized/surrendered dangerous drugs provided under this Section
shall be implemented by the DOH.

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Its Implementing Rules and Regulations state:

SECTION 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:

(a) The apprehending officer/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: 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, further, that
non-compliance with 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 of
and custody over said items;

(b) Within twenty-four (24) hours upon confiscation/seizure of

dangerous drugs, plant sources of dangerous drugs, controlled
precursors and essential chemicals, as well as
instruments/paraphernalia and/or laboratory equipment, the same
shall be submitted to the PDEA Forensic Laboratory for a qualitative
and quantitative examination;

(c) A certification of the forensic laboratory examination results,

which shall be done under oath by the forensic laboratory examiner,
shall be issued within twenty-four (24) hours after the receipt of the

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subject item/s: Provided, that when the volume of the dangerous

drugs, plant sources of dangerous drugs, and controlled precursors
and essential chemicals does not allow the completion of testing
within the time frame, a partial laboratory examination report shall be
provisionally issued stating therein the quantities of dangerous drugs
still to be examined by the forensic laboratory: Provided, however,
that a final certification shall be issued on the completed forensic
laboratory examination on the same within the next twenty-four (24)
hours;

(d) After the filing of the criminal case, the court shall, within
seventy-two (72) hours, conduct an ocular inspection of the
confiscated, seized and/or surrendered dangerous drugs, plant
sources of dangerous drugs, and controlled precursors and essential
chemicals, including the instruments/paraphernalia and/or
laboratory equipment, and through the PDEA shall, within twenty-
four (24) hours thereafter, proceed with the destruction or burning
of 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
DOJ, civil society groups and any elected public official. The Board
shall draw up the guidelines on the manner of proper disposition and
destruction of such item/s which shall be borne by the offender:
Provided, that those item/s of lawful commerce, as determined by
the Board, shall be donated, used or recycled for legitimate purposes:
Provided, further, that a representative sample, duly weighed and
recorded is retained;

(e) The Board shall then issue a sworn certification as to the fact of
destruction or burning of the subject item/s which, together with the
representative sample/s in the custody of the PDEA, shall be
submitted to the court having jurisdiction over the case. In cases of
seizures where no person is apprehended and no criminal case is
filed, the PDEA may order the immediate destruction or burning of
seized dangerous drugs and controlled precursors and essential
chemicals under guidelines set by the Board. In all instances, the
representative sample/s shall be kept to a minimum quantity as
determined by the Board;

(f) The alleged offender or his/her representative or counsel shall be

allowed to personally observe all of the above proceedings and
his/her presence shall not constitute an admission of guilt. In case

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the said offender or accused refuses or fails to appoint a

representative after due notice in writing to the accused or his/her
counsel within seventy-two (72) hours before the actual burning or
destruction of the evidence in question, the Secretary of Justice shall
appoint a member of the public attorneys office to represent the
former;

(g) After the promulgation and judgment in the criminal case

wherein the representative sample/s was presented as evidence in
court, the trial prosecutor shall inform the Board of the final
termination of the case and, in turn, shall request the court for leave
to turn over the said representative sample/s to the PDEA for
proper disposition and destruction within twenty-four (24) hours
from receipt of the same; and

(h) Transitory Provision:

h.1) Within twenty-four (24) hours from the effectivity of the Act,
dangerous drugs defined herein which are presently in possession of
law enforcement agencies shall, with leave of court, be burned or
destroyed, in the presence of representatives of the court, DOJ,
Department of Health (DOH) and the accused and/or his/her
counsel; and

h.2) Pending the organization of the PDEA, the custody, disposition,

and burning or destruction of seized/surrendered dangerous drugs
provided under this Section shall be implemented by the DOH.

In the meantime that the PDEA has no forensic laboratories and/or

evidence rooms, as well as the necessary personnel of its own in any
area of its jurisdiction, the existing National Bureau of Investigation
(NBI) and Philippine National Police (PNP) forensic laboratories
shall continue to examine or conduct screening and confirmatory test
on the seized/surrendered evidence whether these be dangerous
drugs, plant sources of dangerous drugs, controlled precursors and
essential chemicals, instruments, paraphernalia and/or laboratory
equipment; and the NBI and the PNP shall continue to have custody
of such evidence for use in court and until disposed of, burned or
destroyed in accordance with the foregoing rules: Provided, that
pending appointment/designation of the full complement of the
representatives from the media, DOJ, or elected public official, the
inventory of the said evidence shall continue to be conducted by the

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arresting NBI and PNP operatives under their existing procedures

unless otherwise directed in writing by the DOH or PDEA, as the
case may be. (Emphasis supplied)

Ideally, the procedure on the chain of custody should be perfect and unbroken.
However a testimony about a perfect chain is not always the standard as it is
almost always impossible to obtain an unbroken chain.[43] Thus, even though
the prosecution failed to submit in evidence the physical inventory and
photograph of the seized drugs as required under Section 21 of Republic Act
No. 9165, this will not render Amansecs arrest illegal or the items seized from
him as inadmissible in evidence.[44] This Court has consistently held that what
is of utmost importance is the preservation of the integrity and the evidentiary
value of the seized items, because the same will be utilized in ascertaining the
guilt or innocence of the accused.[45]

The prosecution was able to demonstrate that the integrity and evidentiary
value of the evidence seized had been preserved. Both the prosecution
witnesses were categorical and consistent that Amansec offered three plastic
sachets containing shabu to Mabutol and Pintis. These were later recovered
from Amansec, Pintis, and Mabutol himself. As soon as the police officers,
together with Amansec and Pintis, reached the La Loma Police Station, the
seized sachets were marked with the initials of the police officers, with each
officer marking the sachet he personally retrieved from the suspects. This was
done before the specimens were turned over to the station investigator for the
preparation of the request for laboratory examination. Thereafter, the
specimens were forwarded to the crime lab by the police officers themselves.
[46] The Chemistry Report prepared by the forensic chemist listed the same
specimens, which bore the initials of the police officers, and which were later
identified by Mabutol and Pascua in open court as the plastic sachets they
marked with their initials.

Besides, the presumption that the integrity of the evidence has been preserved
will remain unless it can be shown that there was bad faith, ill will, or tampering
of the evidence. Amansec bears the burden of showing the foregoing to
overcome the presumption that the police officers handled the seized drugs
with regularity, and that they properly discharged their duties.[47] This,
Amansec failed to do.

Furthermore, there is nothing in Republic Act No. 9165 or in its implementing

rules, which requires each and everyone who came into contact with the seized
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drugs to testify in court. As long as the chain of custody of the seized drug
was clearly established to have not been broken and the prosecution did not fail
to identify properly the drugs seized, it is not indispensable that each and every
person who came into possession of the drugs should take the witness
stand.[48] This Court, in People v. Hernandez,[49] citing People v. Zeng Hua Dian,
[50] ruled:

After a thorough review of the records of this case we find that the
chain of custody of the seized substance was not broken and that the
prosecution did not fail to identify properly the drugs seized in this
case. The non-presentation as witnesses of other persons such as
SPO1 Grafia, the evidence custodian, and PO3 Alamia, the officer on
duty, is not a crucial point against the prosecution. The matter of
presentation of witnesses by the prosecution is not for the court to
decide. The prosecution has the discretion as to how to present its
case and it has the right to choose whom it wishes to present as
witnesses.[51]

It is worthy to note, and we agree with the Court of Appeals observation, that
Amansec questioned the chain of custody of the evidence only when he
appealed his conviction. Not once did he raise this defense or mention these
procedural gaps before the trial court. Thus, whatever justifiable ground the
prosecution has will remain a mystery in light of Amansecs failure to raise this
issue before the trial court, viz:

The law excuses non-compliance under justifiable grounds. However,

whatever justifiable grounds may excuse the police officers involved
in the buy-bust operation in this case from complying with Section
21 will remain unknown, because appellant did not question during
trial the safekeeping of the items seized from him. Indeed, the police
officers alleged violations of Sections 21 and 86 of Republic Act No.
9165 were not raised before the trial court but were instead raised for
the first time on appeal. In no instance did appellant least intimate at
the trial court that there were lapses in the safekeeping of seized
items that affected their integrity and evidentiary value. Objection to
evidence cannot be raised for the first time on appeal; when a party
desires the court to reject the evidence offered, he must so state in
the form of objection. Without such objection he cannot raise the

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question for the first time on appeal.[52]

Amansecs theory, from the very beginning, were that he did not do it, and that
he was being framed for his failure to give the police officers either money or
some big-time pusher to take his place. In other words, his defense tactic was
one of denial and frame-up. However, those defenses have always been
frowned upon by the Court, to wit:

The defenses of denial and frame-up have been invariably viewed by

this Court with disfavor for it can easily be concocted and is a
common and standard defense ploy in prosecutions for violation of
Dangerous Drugs Act. In order to prosper, the defenses of denial
and frame-up must be proved with strong and convincing evidence.
In the cases before us, appellant failed to present sufficient evidence
in support of his claims. Aside from his self-serving assertions, no
plausible proof was presented to bolster his allegations.[53]

Equally important is the fact that Amansec has not ascribed any improper
motive on the part of the police officers as to why they would hand-pick him,
and falsely incriminate him in such a serious crime. No evidence has been
offered to show that Mabutol and Pascua, were motivated by reasons other than
their duty to curb the sale of prohibited drugs.[54] Amansec himself admitted
that he only came to know his arresting officers after his arrest. He also
testified that he knew of no grudge that they might have against him. Hence,
until Amansec can show clear and convincing evidence that the members of the
entrapment operation team were stirred by illicit motive or failed to properly
perform their duties, their testimonies deserve full faith and credit. [55]

Elements of illegal sale of

dangerous drugs established

The successful prosecution of the sale of dangerous drugs case depends on the
satisfaction 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. [56]
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To elucidate on the foregoing elements, this Court has said that [i]n
prosecutions for illegal sale of shabu, what is material is the proof that the
transaction or sale actually took place, coupled with the presentation in court of
the corpus delicti as evidence.[57]

It is evident in the case at bar that the prosecution was able to establish the said
elements.[58]

Amansec was positively identified by the prosecution witnesses, as the person

who sold to the poseur-buyer a heat-sealed plastic sachet containing white
crystalline substance. He had been caught red-handed in the entrapment
operation conducted by the SDEU of the La Loma Police. Such positive
identification must prevail over Amansecs uncorroborated and weak defense of
denial, and unsubstantiated defense of frame-up.[59]

The corpus delicti of the crime was also established with certainty and
conclusiveness. Amansec gave one of the two remaining plastic sachets to
Mabutol after receiving the P100.00 buy-bust money.[60] In People v. Legaspi,[61]
we said:

The delivery of the contraband to the poseur-buyer and the receipt

by the seller of the marked money successfully consummated the
buy-bust transaction between the entrapping officers and Legaspi.

This Court therefore finds no error on the part of both the RTC and the Court
of Appeals in convicting Amansec for violation of Section 5, Article II of
Republic Act No. 9165.

WHEREFORE, premises considered, the Court hereby AFFIRMS the April

15, 2008 Decision of the Court of Appeals in CA-G.R. CR.-H.C. No. 02557.

SO ORDERED.

Corona, C.J., (Chairperson), Bersamin, Del Castillo, and Villarama, Jr., JJ., concur.

[1] Rollo, pp. 2-14; penned by Associate Justice Rosalinda Asuncion-Vicente with

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Associate Justices Remedios A. Salazar-Fernando and Sesinando E.Villon,

concurring.
[2] CA rollo, pp. 71-78; penned by Judge Henri Jean-Paul B. Inting.

[3] This case was consolidated with Criminal Case No. Q-03-118186. However,
this was no longer appealed by Benjamin Amansec as he was acquitted therein
by the RTC.
[4] Records, pp. 2-3, 3-4.

[5] Id. at 2.

[6] Id. at 4.

[7] Id. at 20.

[8] Id. at 24-25.

[9] Id. at 34-35.

[10] TSN, July 15, 2004, p. 2.

[11] Id. at 3-15; TSN, August 12, 2005, pp. 4-16.

[12] Folder of Evidence for the Prosecution; records, p. 114.

[13] Id. at 117.

[14] TSN, July 5, 2005, p. 12.

[15] Id. at 5-14.

[16] TSN, September 27, 2005, p. 2.

[17] Id. at 2-3.

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[18] CA rollo, p. 78.

[19] Id. at 76-78.

[20] Id. at 77.

[21] Id. at 51-70.

[22] Rollo, p. 9.

[23] Id. at 10.

[24] Id. at 13.

[25] CA rollo, pp. 131-132.

[26] Id. at 53-54.

[27] Id. at 58.

[28] Id. at 63.

[29] People v. Rivera, G.R. No. 98123, October 1, 1993, 227 SCRA 35, 40.

[30] People v. Khor, 366 Phil. 762, 792 (1999).

[31] People v. Rivera, supra note 29 at 40.

[32] People v. Cercado, 434 Phil. 492, 500 (2002).

[33] 364 Phil. 497 (1999)

[34] Id. at 513-514.

[35] People v. Lacbanes, 336 Phil. 933, 941 (1997).

[36] 443 Phil. 411 (2003).

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[37] Id. at 422-423.

[38] People v. Zheng Bai Hui, 393 Phil. 68, 135 (2000).

[39] Supra note 29.

[40] Id. at 40.

[41] CA rollo, pp. 64-66.

[42] Id. at 67-68.

[43] Asiatico v. People, G.R No. 195005, September 12, 2011.

[44] People v. Concepcion, G.R. No. 178876, June 27, 2008, 556 SCRA 421, 436.

[45] People v. Campomanes, G.R. No. 187741, August 9, 2010, 627 SCRA 494, 507.

[46] TSN, July 15, 2004, p. 13.

[47] People v. Hernandez, G.R. No. 184804, June 18, 2009, 589 SCRA 625, 647.

[48] Id.

[49] Id.

[50] G.R. No. 145348, June 14, 2004, 432 SCRA 25.

[51] People v. Hernandez, supra note 47 at 647-648.

[52] People v. Sta. Maria, G.R. No. 171019, February 23, 2007, 516 SCRA 621,
633-634.
[53] People v. Lazaro, Jr., G.R. No. 186418, October 16, 2009, 604 SCRA 250, 269.

[54] People v. Lee, 407 Phil. 250, 260 (2001).

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[55] People v. Valencia, 439 Phil. 561, 568 (2002).

[56] People v. Tiu, 469 Phil. 163, 173 (2004).

[57] People v. Lazaro, Jr., supra note 53 at 264.

[58] Id.

[59] People v. Legaspi, G.R. No. 173485, November 23, 2011.

[60] Id.

[61] Id.

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