Crim2 Bondad V People
Crim2 Bondad V People
Crim2 Bondad V People
Republic of the Philippines
SUPREME COURT
Manila
SECOND DIVISION
G.R. No. 173804 December 10, 2008
ELPIDIO BONDAD, JR., Y BURAC, appellant,
vs.
PEOPLE OF THE PHILIPPINES, appellee.
D E C I S I O N
CARPIO MORALES, J.:
Elpidio Bondad, Jr., y Burac (appellant) was charged before the Regional Trial Court (RTC) of Marikina City1 for
violation of Section 5, paragraph 2(3), Article II of Republic Act No. 9165 (R.A. No. 9165) or the Comprehensive
Dangerous Drugs Act of 2002, allegedly committed as follows:2
That on or about the 29th day of January 2004, in the City of Marikina, Philippines and within the jurisdiction
of this Honorable Court, the abovenamed accused, without being authorized by law, did then and there
willfully, unlawfully, feloniously and knowingly sell to poseur buyer 0.02 gram of Methamphetamine
Hydrochloride (shabu) contained in one (1) heatsealed transparent plastic sachet, a dangerous drug, in
violation of the abovecited law.3 (Underscoring supplied)
He was likewise charged for violation of Section 11, par. 2(3), Article II also of R.A. No. 9165, allegedly committed
as follows:
That on or about the 29th day of January 2004, in the City of Marikina, Philippines, and within the
jurisdiction of this Honorable Court, the abovenamed accused, without being authorized by law to possess
or otherwise use any dangerous drugs, did then and there willfully, unlawfully and feloniously have in his
possession direct custody and control 0.04 gram of white crystalline substance contained in two (2) heat
sealed plastic sachets which gave positive result to the test for Methamphetamine Hydrochloride (shabu),
which is a dangerous drug, in violation of the abovecited law.4 (Underscoring supplied)
The cases were lodged at Branch 272 of the RTC of Marikina.
From the evidence for the prosecution, particularly the testimony of its principal witness PO2 Edwin Dano and its
documentary evidence, the following version is culled:
At around 7:05 p.m. of January 29, 2004, while PO2 Ferdinand Brubio, PO1 Christopher Anos, and PO1 Roberto
Muega were at the Station Anti Illegal Drug Special Operations Task Force (SAIDSOTF), Office of the Marikina
City Police Station, PO2 Nelson Arribay arrived together with a confidential informant. The confidential informant
reported, among other things, about the rampant sale of shabu in a billiard hall along Bonifacio Avenue,
Barangka, Marikina City and named a certain alias "Jun" as the vendor.
The Chief of the SAIDSOTF, P/Sr. Insp. Ramchrisen Haveria, Jr., at once formed a buybust team composed of,
among others, PO2 Ramiel Soriano and PO2 Dano who was designated as the poseurbuyer. PO2 Dano was
given a one hundred peso bill bearing Serial No. Q487945 to be used as buybust money. It was agreed that PO2
Dano’s removal of his cap would signal that the buybust was consummated.
The conduct of a buybust operation was recorded in the police blotter and was coordinated with the Philippine
Drug Enforcement Agency (PDEA) which gave it control number NOC01290428.
The buybust team, together with the confidential informant, proceeded to 3 C’s billiard hall at the corner of M.
Cruz St. and Bonifacio Avenue in Barangka, Marikina City. On entering the hall, the confidential informant pointed
to appellant who was then holding a cue stick beside the billiard table as the alias "Jun." The confidential
informant approached appellant and talked to him. Within minutes, appellant approached PO2 Dano and asked
him if he wanted to buy shabu, to which PO2 Dano answered "piso lang." Appellant at once took out a "Vicks"
container from his right front pocket5 which, when opened, yielded heatsealed plastic sachets containing
substances suspected to be shabu. From the container, appellant drew out one sachet in exchange for which
PO2 Dano gave the marked one hundred peso bill. At that instant, PO2 Dano removed his cap.
As the backup police officers were closingin, PO2 Dano grabbed appellant’s arm, identified himself, and
apprised appellant of his constitutional rights. Upon PO2 Dano’s order, appellant returned the buybust money,
handed the "Vicks" container, and gave his name as Elpidio Burac Bondad, Jr.
Still at the place of arrest, PO2 Dano placed the markings "EBBED BUYBUST 01/29/04" on the substancefilled
sachet sold to him, and "EBBED, POS 1 and 2, 01/29/04" on the sachets that remained inside the "Vicks"
container.
The buybust team thereupon brought appellant and the seized items to the Marikina City Police Station where a
memorandum dated January 29, 20046 was prepared by P/Sr. Insp. Chief Haveria, Jr., addressed to the Chief of
the Eastern Police District Crime Laboratory Office, requesting for the conduct of laboratory examination on the
seized items to determine the presence of dangerous drugs and their weight. PO2 Dano also requested that
appellant be subjected to a drug test.7
The following day or on January 30, 2004, at 3:00 P.M., upon receipt of three sachets, a laboratory examination
was conducted thereon by Police Senior Inspector Annalee R. Forro, Forensic Chemical Officer of the Eastern
Police District Crime Laboratory Office, who, in Physical Science Report No. D009404E8, recorded, among other
things, the specimen submitted, her findings and conclusion as follows:
SPECIMEN SUBMITTED:
Three (3) heatsealed transparent plastic sachets with markings marked as A through C respectively,
each containing white crystalline substance with following recorded net weights and markings:
A = 0.02 gram "EBBED BUYBUST 01/29/04"
B = 0.02 gram "EBBED POSS 1 01/29/04"
C = 0.02 gram "EBBED POSS 2 01/29/04"
xxx xxx xxx
F I N D I N G S: x x x
Qualitative examination conducted on the abovestated specimen gave POSITIVE result to the tests
for Methamphetamine Hydrochloride, a dangerous drug.
xxx xxx xxx
C O N C L U S I O N:
Specimens A through C contain Methamphetamine Hydrochloride, a dangerous drug. 9 (Italics and
emphasis in the original)
Denying the charges against him, appellant, a former police officer, claimed that he was framed up and gave the
following version:
On January 29, 2004, while he was playing inside 3 C’s billiard hall, PO2 Brubio, whom he knew was a policeman,
entered the billiard hall. After greeting PO2 Brubio in Bicolano, he continued playing but PO2 Brubio suddenly
handcuffed him and asked him "Sumama ka muna." Another person who was at his back pushed him out of the
billiard hall in the course of which he felt PO2 Brubio reaching his (appellant’s) right front pocket,10 drawing him to
restrain the hand of PO2 Brubio, telling him "pera ko yan!"
Aware that his son was inside the billiard hall, appellant summoned and handed him his wallet containing P2,000.
PO2 Brubio, however, took the wallet from his son, telling him "Huwag ka makialam dito." He was then made to
board a car and taken to the Office of the SAIDSOTF at the police station.
Appellant’s defense was corroborated by his son Christian Jeffrey C. Bondad, and Roberto U. Mata who was a
"spotter" (referee) at the billiard hall at the time appellant was arrested.
Finding for the prosecution, the trial court convicted appellant in both charges, disposing as follows:
WHEREFORE, foregoing premises considered, the Court finds the accused ELPIDIO BONDAD, JR. y
BURAC guilty beyond reasonable doubt of the crime of Violation of Sec. 11 par. 2(3), Art. II of R.A. 9165
and is sentenced to suffer the penalty of imprisonment for a period of TWELVE (12) YEARS and ONE (1)
DAY and to pay the fine of THREE HUNDRED THOUSAND PESOS (PhP300,000.00) as provided for in Sec.
11 par. 2(3), Art. II of RA 9165. The accused is likewise found guilty of the crime of Violation of Sec. 5 Art. II
of RA 9165 and is sentenced to suffer the penalty of LIFE IMPRISONMENT and fine of FIVE HUNDRED
THOUSAND PESOS (PhP500,00.00) pursuant to Sec. 5, Art. II of RA 9165 the methamphetamine
hydrochloride (shabu) is ordered confiscated in favor of the government for proper destruction by the
proper agency.
SO ORDERED.11 (Underscoring supplied)
By Decision of February 8, 2006,12 the Court of Appeals affirmed the trial court’s decision with modification,
disposing as follows:
WHEREFORE, in the light of the foregoing, the appeal is DISMISSED for lack of merit. The assailed
decision is AFFIRMED with the MODIFICATION that the accusedappellant is sentenced to suffer an
indeterminate penalty of imprisonment of twelve (12) years and one (1) day, as minimum, to thirteen (13)
years, as maximum and to pay a fine of Three Hundred Thousand Pesos (P300,000.00).
SO ORDERED.13 (Underscoring supplied)
Specifically with respect to the charge of possession of shabu, the appellate court held:
The evidence for the prosecution fully proved beyond reasonable doubt the elements necessary to
successfully prosecute a case for illegal possession of a prohibited drug, namely, (a) the accused is in
possession of an item or an object identified to be a prohibited or a regulated drug, (b) such possession is
not authorized by law and (c) the accused freely and consciously possessed said drug.
Under Section 11, Par. 2 [3] of R.A. 9165, the mere act of possessing any dangerous drug consummates
the crime. There is no doubt that the charge of illegal possession of shabu was proven beyond reasonable
doubt since the accusedappellant knowingly possessed plastic sachets with white crystalline granules,
without legal authority at the time he was caught during the buybust operation. The white crystalline
granules found in his possession, upon laboratory examination, were positively identified as
methamphetamine hydrochloride or shabu, a dangerous drug.14 (Italics in the original, underscoring
supplied)
Hence, the present Petition for Review on Certiorari, appellant faulting the appellate court:
II. . . . IN ADMITTING THE EVIDENCE OF THE PROSECUTION DESPITE CLEAR VIOLATION OF
SECTION 21 (1) OF R.A. 9165;
III. . . . IN COMPLETELY DISREGARDING THE CLEAR EVIDENCE ON THE EXISTENCE OF
IRREGULARITY IN THE PERFORMANCE OF OFFICIAL FUNCTIONS BY POLICE OFFICER/S IN THE
CONDUCT OF THE BUY BUST OPERATIONS.15 (Emphasis and underscoring supplied)
As the resolution of the second assignment of error is determinative of whether there is still necessity of segueing
to the first and third assignments of error, it shall early on be passed upon.
Appellant claims that there was failure to follow the requirements of Sec. 21 of R.A. No. 9165, hence, it
compromised the integrity and evidentiary value of the allegedly seized items.
Sec. 21 of R.A. No 9165 provides:
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 or 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 drugs shall, immediately after
seizure and confiscation, physically inventory and photograph the same in the presence of the
accused or the persons/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; x x x (Emphasis and underscoring supplied)
Appellant claims that no physical inventory and photographing of the drugs took place. A reading of the testimony
of the poseurbuyer, PO2 Dano indeed confirms appellant’s claim, viz:
Atty. Puentebella:
When you brought him to the police, it was there that the items taken from him were inventoried, is it
not?
Witness:
We did not make inventory because we simply brought the evidence confiscated.
x x x x
Atty. Puentebella:
You also did not take photographs of the items taken from the accused?
Witness:
Yes, sir.
Atty. Puentebella:
And you know for a fact that under the new drugs law, this is a requirement for the apprehending
team to do, is it not?
Pros. Gapuzan:
Counsel is asking for a conclusion of law. I will object.
Court:
Witness may answer the question.
Witness:
Yes, sir.
x x x x
Atty. Puentebella:
So it is very clear now Mr. Witness that at the time you apprehended the accused, you did not make
an inventory in the presence of the accused nor you did not [sic] make a photograph of the
items seized in the presence of the accused, an elective official, a representative from the
Department of Justice, or the media, that’s very clear?
Witness:
Yes, sir.
Atty. Puentebella:
Since you did not make any inventory, it follows that you did not require them to sign your inventory
as required by law?
Witness:
Yes, sir.16 (Emphasis and underscoring supplied)
Clearly then, the apprehending police officers failed to comply with the abovequoted provision of Section 21 of
R.A. No. 9165.
People v. Pringas holds, however:
Noncompliance by the apprehending/buybust team with Section 21 is not fatal as long as there is
justifiable ground therefor, and as long as the integrity and the evidentiary value of the
confiscated/seized items, are properly preserved by the apprehending officer/team. Its non
compliance will not render an accused's arrest illegal or the items seized/confiscated from him inadmissible.
What is of utmost importance is the preservation of the integrity and the evidentiary value of the
seized items, as the same would be utilized in the determination of the guilt or innocence of the
accused.17 (Citation omitted, emphasis, italics and underscoring supplied)
The Court’s pronouncement in Pringas is based on the provision of Section 21(a) of the Implementing Rules and
Regulations18 of R.A. No. 9165, viz:
x x x Provided, further, that noncompliance with these requirements under justifiable grounds, as long as
the integrity and 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;
(Emphasis and underscoring supplied)
In the present case, by PO2 Dano’s claim, he immediately marked the seized items which were brought to the
Crime Laboratory for examination. By his admission, however, he did not conduct an inventory of the items
seized. Worse, no photograph of the items was taken. There was thus failure to faithfully follow the requirements
of the law.
Parenthetically, unlike in Pringas, the defense in the present case questioned early on, during the cross
examination of PO2 Dano, the failure of the apprehending officers to comply with the inventory and photographing
requirements of Section 21 of R.A. No. 916519, despite PO2 Dano’s awareness of such requirements. And the
defense raised it again during the offer of evidence by the prosecution, thus:
Atty. Puentebella:
x x x x
Exhibits "B" which is the brown envelope, "B1", "B2" and "B3" are objected to for being product of
irregular functions of police and therefore fruit of poisonous thinking [sic] and they are not admissible and
they were not photographed in the presence of the accused as provided for by Sec. 21, par.1, R.A.
9165;20 (emphasis supplied)
IN FINE, as the failure to comply with the aforesaid requirements of the law compromised the identity of the items
seized, which is the corpus delicti of each of the crimes charged against appellant,21 his acquittal is in order.
This leaves it unnecessary to still dwell on the first and third assignments of error.
WHEREFORE, the Petition is GRANTED. The assailed decision is REVERSED and SET ASIDE and appellant,
Elpidio Bondad Jr., y Burac, is ACQUITED of the crimes charged.
Let a copy of this Decision be furnished the Director of the Bureau of Corrections, Muntinlupa City who is directed
to cause the immediate release of appellant unless he is being lawfully held for another cause, and to inform this
Court of action taken within ten (10) days from notice hereof.
SO ORDERED.
CONCHITA CARPIO MORALES
Associate Justice
WE CONCUR:
LEONARDO A. QUISUMBING
Associate Justice
Chairperson
DANTE O. TINGA PRESBITERO J. VELASCO, JR.
Associate Justice Associate Justice
ARTURO D. BRION
Associate Justice
ATTESTATION
I attest that the conclusions in the above Decision had been reached in consultation before the case was
assigned to the writer of the opinion of the Court’s Division.
LEONARDO A. QUISUMBING
Associate Justice
Chairperson
CERTIFICATION
Pursuant to Section 13, Article VIII of the Constitution, and the Division Chairperson’s Attestation, it is hereby
certified that the conclusions in the above Decision were reached in consultation before the case was assigned to
the writer of the opinion of the Court’s Division.
REYNATO S. PUNO
Chief Justice
Footnotes
1 Rollo, pp. 7374.
2 Records, p. 2.
3 Records, p. 2 Information dated February 2, 2004.
4 Id. at p. 6.
5 No specification if it was a pocket of the shirt or of the pants.
6 Id. at p. 15
7 TSN, June 15, 2004, p. 41
8 Records, p. 17
9 Exhibit "C", folder of exhibits, p. 2
10 There is also no specification if it was a pocket of the shirt or the pants
11 CA rollo, p. 124.
12 Penned by Justice Amelita G. Tolentino with the concurrence of Justices Portia Aliño Hormachuelos and
Vicente S.E. Veloso, CA rollo, pp. 232254.
13 Rollo, p. 68.
14 Id. at p. 66 (citations omitted)..
15 Id at pp. 1819.
16 TSN, June 15, 2004, pp. 8087.
17 G.R. No. 175928. August 31, 2007, 531 SCRA 828, 842843
18 Took effect on November 27, 2002.
19 Vide TSN, June 15, 2004, pp. 8185.
20 TSN, August 10, 2004, pp. 67.
21 People v. Laxa, 414 Phil. 156, 170 (2001) citing People v. Rigodon, 238 SCRA 27 (1994).
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