THIRD DIVISION

PEOPLE OF THE PHILIPPINES,   G.R. No. 184957

                Plaintiff-appellee,  

  Present:

   

  QUISUMBING,* J.,

  CARPIO,

-  versus  -        Chairperson,

  CHICO-NAZARIO,

  PERALTA, and

  ABAD,** JJ.

   

GRACE VENTURA y NATIVIDAD, Promulgated:

             Accused-Appellant.  

October 27, 2009

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                                                D E C I S I O N

CHICO-NAZARIO, J.:

For Review under Rule 45 of the Revised Rules of Court is the Decision
dated 30 June 2008 of the Court of Appeals in CA-G.R. CR-HC No. 02127,
entitled People of the Philippines v. Grace Ventura y Natividad affirming the
Decision rendered by the Regional Trial Court (RTC), Branch 78, Malolos,
Bulacan, dated 20 January 2006 in Criminal Case No. 3244-M-2003, convicting
Grace Ventura y Natividad (accused-appellant) of violation of Section 5, in
relation to Section 26, Article II of Republic Act No. 9165.  Accused-appellant was
meted the penalty of life imprisonment and a fine of P500,000.00.

                   

          In an Information dated 12 August 2003, accused-appellant Grace Ventura y

Natividad and Danilo Ventura y Laloza were charged before the RTC of Malolos,
Bulacan with illegal sale of shabu in violation of Section 5, in relation to Section
26, Article II of Republic Act No. 9165.  The case was docketed as Criminal Case
No. 3244-M-2003 and raffled to Branch 78 of the RTC of Malolos, Bulacan.  The
Information contained the following allegations:

 
             The undersigned Asst. Provincial Prosecutor accuses Grace Ventura y
Natividad and Danilo Ventura y Laloza @ Danny of Violation of Sec. 5, in
relation to Sec. 26, Art. II of R.A. 9165, otherwise known as the “Comprehensive
Dangerous Drugs Act of 2002,” committed as follows:
 
            That on or about the 10th day of August 2003, in the City of Malolos,
province of Bulacan, Philippines, and within the jurisdiction of this Honorable
Court, the above-named accused, without authority of law and legal justification,
in conspiracy with each other, did then and there willfully, unlawfully and
feloniously sell, trade, deliver, give away, dispatch in transit and transport
dangerous drug consisting of one (1) heat-sealed  transparent plastic sachet of
Methylamphetamine hydrochloride weighing 0.124 gram.
 
 

          During arraignment, both accused entered “NOT GUILTY” pleas. Trial on
the merits ensued.

          The prosecution presented as witnesses Police Officer (PO) 2 Lorenzo

Sarmiento (Sarmiento) and PO3 Leonardo Magsakay (Magsakay).  Accused-
appellant Grace Ventura and Bernard Ventura were witnesses for the defense.

          PO2 Sarmiento, 37 years old, married, police officer and a resident of
Sagrada Familia, Hagonoy, Bulacan, and PO3 Magsakay, 40 years old, married,
police officer, and a resident of Sikatuna St., San Gabriel, Malolos, Bulacan,
testified to receiving information from concerned citizens of Sto. Rosario, Malolos,
Bulacan, and reports received by Department of Interior and Local Government
(DILG) Secretary Joey Lina on the alleged involvement of Danilo alias “Danny”
(father of accused-appellant) and accused-appellant in illegal drugs trade.  On the
strength of this confidential information, a surveillance operation was conducted
by operatives of the Malolos Police Station in Malolos, Bulacan, two days before
the buy-bust operation.  Results of the surveillance operation were relayed to the
chief of police, who thereafter instructed them to conduct a buy-bust operation
against accused-appellant and Danilo.  The team was composed of PO2 Sarmiento,
PO1 Michael Silla, PO3 Magsakay, and a police asset.

          On 10 August 2003, a briefing was conducted among the members of the
buy-bust team.  During said briefing, PO2 Sarmiento placed the markings “LCS,”
which correspond to his initials, on the buy-bust money. The marked money
consisted of three P100.00 bills and one P50.00 bill.  A police asset was also
designated as poseur-buyer.  Both the buy-bust operation and serial numbers of the
bills to be used as buy-bust money were recorded in the police blotter.  Prior to
proceeding with the operation, the buy-bust team coordinated with the Philippine
Drug Enforcement Agency (PDEA) and was assigned a control number for the
operation, with its pre-operational sheet signed by Hashim Maung of PDEA.

          After being briefed on the operation, the buy-bust team proceeded to the
target site.  While the members of the team positioned themselves at the alley
leading towards the house of accused-appellant, the police asset went directly to
the gate of Danilo and accused-appellant.  The gate was approximately ten meters
away from them.

          From where they were standing, the police officers saw the police asset
knocking at the gate.  Thereupon, Danilo stepped out.  The police asset handed the
marked money to Danilo.  Danilo closed the gate and went inside the house.
Moments later, Grace (accused-appellant) went out and handed something to the
police asset.  Indicating the sale was consummated, the police asset then executed
his pre-arranged signal by touching his hair with his right hand.  The police
officers rushed towards the gate but accused-appellant noticed them and closed the
gate.  PO2 Sarmiento pushed open the gate.  As PO2 Sarmiento was entering the
compound, he saw a man holding a “gulok.”  It turned out that the man holding the
“gulok” or bolo was one of Danilo’s sons, Vergel Ventura, who attempted to hack
PO2 Sarmiento. PO2 Sarmiento informed him that he was a police officer, but
Vergel still tried to hack him with the bolo causing him to seek cover outside the
gate while parrying the attack.  PO3 Magsakay drew his gun and poked it at
Vergel, who ran inside the house.  PO2 Sarmiento entered the gate and arrested
Danilo, while PO2 Magsakay arrested accused-appellant.  PO1 Silla arrested
Vergel.  After frisking Danilo, PO2 Sarmiento recovered from him the marked
money used for the buy-bust operation.  The police asset handed to PO2 Sarmiento
the shabu he bought from accused-appellant.  The Venturas were apprised of their
rights and informed of the offense committed. Thereafter, the suspects were
brought to the police station for further investigation.

          The testimony of forensic chemist Nellson Cruz Sta. Maria was dispensed
with due to the admission of the defense as to the existence and due execution of
the Request for Laboratory Examination, Chemistry Report No. D-606-2003, and
the specimens subject of the examination. 

 
 The laboratory examination conducted by Police Inspector (P/Insp.) and
Forensic Chemical Officer Nellson Cruz Sta. Maria on the confiscated specimen
yielded the following results:

 
SPECIMEN SUBMITTED:
 
A-    One (1) heat-sealed transparent plastic sachet with markings “LCS
BB” containing 0.124 gram of white crystalline substance.
 
PURPOSE OF THE LABORATORY EXAMINATION:
 
To determine the presence of dangerous drug. x x x.
 
FINDINGS:
 
Qualitative examination conducted on the above-stated specimen gave
POSITIVE result to the test for the presence of Methylamphetamine
hydrochloride, a dangerous drug. x x x.
 
CONCLUSION:
 
Specimen A contains Methylamphetamine hydrochloride, a dangerous
drug.
 
 

The defense denied all material allegations of the prosecution.  Grace

Ventura, 28 years old, single and a resident of Sabitan, Sto. Rosario, Malolos,
Bulacan testified that she was at her house along Sabitan on 10 August 2003 when
she saw her brother Bernard Ventura, alias “Bening,” having an argument with
“Badong,” a tricycle driver.  As Badong was leaving, accused-appellant heard him
threatening his brother, saying he would exact vengeance on him.  Thereafter, at
about 3 to 4 o’clock in the afternoon of the same day, a group of policemen in
civilian clothes barged into their house by kicking the door.  The group was
apparently looking for his brother alias “Bening.”  The group searched the house.
Not satisfied, the policemen took their money and told her to point to them her
brother’s house.  She informed them that his house was at the crossing.  The
policemen took her.  As she was being taken by the police, she managed to tell her
father, who was at the other house, to follow her because the policemen were
taking her.  The policemen took her to the municipal hall, where she was followed
by one of her brothers an hour later and by her father half an hour later.  She then
saw her father talking to the policemen.  Later on, both she and her father were
placed inside the detention cell.

          On cross-examination, accused-appellant testified that she was with her

father at their house in Sabitan at the time of arrest.  She denied that her brother
Vergel was at their house at the time, but admitted there was a pending direct
assault case against him, for interfering in her and her father’s arrest.  Accused-
appellant admitted that it was only at the time of their arrest that she came to know
of the police officers who arrested them, and that she and her father had no
personal quarrel with the policemen.  Accused-appellant maintained that the drugs
allegedly taken from her possession were only planted by the police officers.  She
admitted to not filing any charges against them for the planting of evidence.

          On redirect, accused-appellant reiterated her testimony on direct examination

that she was merely taken by the police authorities so she could show them her
brother’s house.  She again stated that it was Bening, her brother, who had a
misunderstanding with a certain Badong for the latter’s failure to remit the
boundary for the tricycle he was driving.

 
 Bernard Ventura, alias “Bening,” 31 years old, married, a tricycle driver, and
a resident of Sumapang Matanda, Malolos, Bulacan, testified that he was the
brother of accused-appellant.  On 10 August 2003, he was at his house along
Sumapang Matanda watching television, when a group of police officers went
inside his house asking if he had shabu.  They were accompanied by Badong, the
same man he had an argument with earlier that day.  The policemen informed him
that his father Danilo and sister, accused-appellant, had been arrested for selling
prohibited drugs.  He was taken to the Malolos municipal hall and charged with
violation of Section 5, Article II of Republic Act No. 9165.  The case was
dismissed by Branch 20 of the RTC of Malolos, Bulacan.  He denied all the
allegations against him, his father, and his sister, contending that the only reason
for their arrest was the quarrel he had with Badong, who was a police asset.

On 9 February 2005, an order was issued by the trial court dismissing the
charge against accused Danilo Ventura y Laloza pursuant to Article 89 of the
Revised Penal Code, after Ariel B. Santiago, warden of the Bulacan Provincial Jail,
informed said court of the untimely demise of said accused in his custody.

According full faith and credence to the testimonies of the prosecution

witnesses, the trial court found accused-appellant guilty beyond reasonable doubt
in Criminal Case No. 3244-M-2003 for violation of Section 5 in relation to Section
26, Article II of Republic Act No. 9165, and sentencing her with the penalty of life
imprisonment and a fine of P500,000.00.

 
 Via a Notice of Appeal, accused-appellant sought to appeal the RTC ruling
with the Court of Appeals. The case was docketed by the appellate court as CA-
G.R. CR-H.C. No. 02127.

The Court of Appeals gave more weight to the prosecution’s claim that the
entrapment operation in fact took place and denied the appeal. Concurring in the
factual findings of the trial court, the appellate court resolved the appeal in this
wise:

WHEREFORE, premises considered, the instant appeal is DISMISSED.

The assailed Decision of the Regional Trial Court, Branch 78 of Malolos, Bulacan
dated January 20, 2006 finding the accused-appellant Grace Ventura y Natividad
guilty beyond reasonable doubt of the crime of Violation of Section 5 in relation
to Section 26, Article II of R.A. No. 9165 and sentencing her to suffer the penalty
of life imprisonment and to pay a fine of P500,000.00 is hereby AFFIRMED.
 
 

Electing to seek a final recourse before this Court, accused-appellant filed

her Notice of Appeal on 28 July 2008.

Accused-appellant filed a supplemental brief while the prosecution adopted

its appellee’s brief earlier submitted to the Court of Appeals.

Accused-appellant seeks her acquittal, praying for the reversal of the

judgment of conviction in the illegal drugs case.  The defense claims that the
appellate court committed serious error in (a) finding the existence of an unbroken
chain in the custody of the shabu subject of the buy-bust operation as well as its
evidentiary value; and (b) ruling that non-compliance with Section 21 of Republic
Act No. 9165 is not fatal.

At the heart of the defense argument is that the defense failed to account for
the chain of custody of the evidence.

The petition lacks merit.

The presumption of innocence of an accused in criminal cases is a most

fundamental constitutional right that must be upheld at all times. Applying the
foregoing principle, it has been established that the burden of proof is a duty borne
by the prosecution.  Ei incumbit probatio qui dicit, non qui negat, i.e., “He who
asserts, not he who denies, must prove.”  With this in mind, conviction of an
accused must stand on the weight and strength of the evidence of the prosecution
and cannot rest on the weakness of the defense.

The straightforward testimonies of the principal witnesses for the

prosecution established that at around 3 o’clock in the afternoon of 10 August
2003, a group of police officers composed of PO2 Sarmiento, PO3 Magsakay,
Silla, and an asset, acting as poseur-buyer, went to the house of Danilo and
accused-appellant Grace Ventura.  The team was to conduct a buy-bust operation
on instruction of the chief of police.  Upon reaching the area, PO2 Sarmiento and
PO3 Magsakay positioned themselves near the gate of accused-appellant.  While
they were stationed in their respective places, the police asset went to accused-
appellant’s gate.  He knocked thereon.  They then saw Danilo opening the gate and
stepping out.  The asset handed the marked money to Danilo, who then went inside
and closed the gate.  A few minutes later, accused-appellant opened the gate and
handed a plastic sachet containing shabu to the police asset.

They then saw the police asset execute the pre-arranged signal by scratching
his head, indicating that the sale had been consummated.  The police officers then
ran towards them, but accused-appellant managed to close the gate.  PO2
Sarmiento pushed open the gate, but he was met by Vergel, the brother of accused-
appellant, who was armed with a bolo and about to hack him.  Attempting to parry
the attacks on him, PO2 Sarmiento went out of the gate and closed it.  PO3
Magsakay drew his firearm and pointed it at accused-appellant’s brother, who ran
towards the direction of the house, but was accosted by PO1 Silla.  PO3 Magsakay
arrested accused-appellant inside the house, while PO2 Sarmiento arrested Danilo.

          Danilo was frisked upon being arrested at his house and the marked money,
consisting of three P100.00 bills and one P50.00 bill, was recovered from him.
Immediately after the buy-bust operation, the police asset turned over the plastic
sachet containing a white crystalline substance to PO3 Magsakay at the crime
scene.
 

          PO3 Magsakay and PO2 Sarmiento thereafter took accused-appellant Grace,
Danilo, Vergel, and the recovered evidence, i.e., marked money and one plastic
sachet containing white crystalline substance, to the police station for further
investigation.  At the police station, PO2 Sarmiento marked the confiscated plastic
sachet with “LCS BB,” corresponding to the initials of his name, Lorenzo Cruz
Sarmiento, and the word “buy-bust.” After the sachet was marked with “LCS BB,”
a request for laboratory examination was prepared by Chief of Police and Police
Superintendent Salvador I. Santos.  The sachet and request for laboratory
examination were thereafter brought to the Bulacan Provincial Crime Laboratory
Office of the Philippine National Police by PO3 Magsakay.  The sachet was turned
over by PO3 Magsakay to PO1 Boluran of the Bulacan Provincial Crime
Laboratory Office.  At the crime laboratory, Forensic Chemical Officer and Police
Inspector Nellson Cruz Sta. Maria conducted laboratory examination on the 0.124
grams of white crystalline substance found inside the plastic sachet. Per Chemistry
Report No. D-506-2003, the tests performed on the specimen yielded positive
results for methylamphetamine hydrochloride.   

  

It is clear from the foregoing that the identity of the seized item was duly
preserved and established by the prosecution.  There is no doubt that the sachet
with the markings “LCS BB” and submitted for laboratory examination, found to
be positive for shabu, was the same one sold to the poseur-buyer during the buy-
bust operation. 

 
 In prosecutions involving the illegal sale of drugs, what is material is proof
that the transaction or sale actually took place, coupled with the presentation in
court of the prohibited or regulated drug as evidence.  For conviction of the crime
of illegal sale of prohibited or regulated drugs, the following elements must
concur:  (1) the identities of the buyer and the seller, the object, and the
consideration; and (2) the delivery of the thing sold and the payment for it.  The
testimonial and documentary pieces of evidence adduced by the prosecution in
support of its case against accused-appellant establish the presence of these
elements.

The two police officers, PO2 Sarmiento and PO3 Magsakay, positively
identified Danilo and Grace Ventura as the same persons from whom their asset
purchased the plastic sachet of shabu.  As correctly found by the trial court, the
testimonies of the prosecution witnesses narrated the events leading towards the
conclusion that accused-appellant conspired with deceased Danilo in selling the
methamphetamine hydrochloride or shabu, thus:

 
The act of accused Danilo in taking the marked money from the asset and the act
of Grace in handing the plastic sachet of shabu to the asset unmistakably shows
that they were in concert and both share a common interest in selling the illegal
substance. x x x.
 
 

There was no need to present the poseur-buyer, since PO2 Sarmiento and
PO3 Magsakay witnessed the whole transaction, where the marked money was
exchanged for one sachet of shabu.  The poseur-buyer was clearly visible from
where PO2 Sarmiento and PO3 Magsakay were standing.  In fact, the testimony of
a lone prosecution witness, as long as it is positive and clear and not arising from
an improper motive to impute a serious offense to the accused, deserves full credit.
Non-presentation of the informer, where his testimony would be merely
corroborative or cumulative, is not fatal to the prosecution's case.

Moreover, the testimonies of the two police operatives are aptly supported
by the documentary evidence presented by the prosecution, to wit: (a) Request for
Laboratory Examination; (b) Chemistry Report No. D-606-2003; (c) photocopy of
the marked money consisting of three P100.00 bills and one P50.00 bill; (d) the
confiscated sachet containing shabu, with markings “LCS BB”; and (e) the pre-
operation report.

 Accused-appellant’s twin defenses of denial and frame-up must fail.

Mere denial and allegations of frame-up have been invariably viewed by the
courts with disfavor, for these defenses are easily concocted.  These are common
and standard defenses in prosecutions involving violation of the Dangerous Drugs
Law.  In a long line of cases, we have ruled that the testimonies of police officers
involved in a buy-bust operation deserve full faith and credit, given the
presumption that they have performed their duties regularly.  This presumption can
be overturned if clear and convincing evidence is presented to prove either of two
things: (1) that they were not properly performing their duty, or (2) that they were
inspired by an improper motive.  Otherwise, the police officers’ testimonies on the
operation deserve full faith and credit.

Accused-appellant failed to adduce evidence to substantiate her claim of

irregularity in the performance of duty on the part of the police officers. This bare
allegation of irregularity in the performance of duty remained self-serving and
bereft of any supporting evidence.  Neither was any ill motive imputed on the part
of the police officers, thus failing to buttress the defense’s claim of frame-up.
Against the positive testimonies of the prosecution witnesses, accused-appellant’s
plain denial of the offenses charged, unsubstantiated by any credible and
convincing evidence, must simply fail.  This Court realizes the disastrous
consequences on the enforcement of law and order, not to mention the well being
of society, if the courts accept in every instance this form of defense, which can be
so easily fabricated.  It is precisely for this reason that the legal presumption that
official duty has been regularly performed exists.  If she were truly aggrieved, it is
quite surprising why accused-appellant did not even attempt to file a criminal or an
administrative complaint, e.g., for planting drugs, against the arresting officers.
Such inaction runs counter to the normal human conduct and behavior of one who
feels truly aggrieved by the act complained of.  The totality of the evidence points
to the fact of the sale of the prohibited drug, with the prosecution witnesses clearly
identifying accused-appellant as the offender.

Accused-appellant asserts that the police officers failed to account for the
chain of custody of the seized item alleged to be shabu.
  

Contrary to accused-appellant’s claim, there is no broken chain in the

custody of the seized item, found to be shabu, from the time the police asset turned
it over to PO3 Magsakay, to the time it was turned over to the investigating officer,
and up to the time it was brought to the forensic chemist at the PNP Crime
Laboratory for laboratory examination.

The procedure for the custody and disposition of confiscated, seized and/or
surrendered dangerous drugs, among others, is provided under Section 21,
paragraph 1 of Article II of Republic Act No. 9165, as follows:

            (1) 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.
 
 

Section 21(a), Article II of the Implementing Rules and Regulations of

Republic Act No. 9165, which implements said provision, stipulates:

 
(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: x x x 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.

Under the same proviso, non-compliance with the stipulated procedure,

under justifiable grounds, shall not render void and invalid such seizures of and
custody over said items, for as long as the integrity and evidentiary value of the
seized items are properly preserved by the apprehending officers.

Clearly, the purpose of the procedure outlined in the implementing rules is

centered on the preservation of the integrity and evidentiary value of the seized
items.  The testimony of PO2 Sarmiento outlines the chain of custody of the
confiscated item, i.e., sachet of shabu:

Q.        And you said that the shabu, plastic sachet was recovered from whom?
 
A.        The police asset immediately handed to me.
 
Q.        What did you do with the plastic sachet that was handed by your police
asset to you?
 
A.        At the station, I placed markings, prepared the request for laboratory
examination.
 
Q.        What marking did you place on the plastic sachet?
 
A.        BB with initial LCS.
 
Q.        What do you mean by BB?
  
A.        Buybust.
 
Q.        LCS?
 
A.        My initial.
 
Q.        If this plastic sachet will be shown to you, will you be able to identify the
same?
 
A.        Yes, sir. This is the shabu we bought from them.
 
Q.        We move that the plastic sachet identified by the witness be marked as
Exh. B.
 
COURT
 
            Mark it.
 
FISCAL
 
            You said you requested for an examination of the plastic sachet of shabu,
can you tell us what was the result of the examination?
 
A.                I have read from the result it was positive for methylamphetamine
hydrochloride.

Q.                I am showing you the request and the result, tell us if these are the same
documents you are referring to?

A.                This is the request for laboratory examination.

Q.                We move that the request for laboratory examination be marked as Exh. F
and the findings or result as Exh. G.
 
COURT
 
            Mark them.
 
 
 Corroborating the statements of PO2 Sarmiento, PO3 Magsakay testified to
what was done to the recovered sachet alleged to be containing shabu:

Q.                What about Grace Ventura and Danilo Ventura, what happened to them?

A.                I arrested Grace Ventura and PO2 Sarmiento arrested Danilo Ventura.

Q.                What happened when they were arrested?

A.                PO2 Sarmiento recovered the marked money from Danilo Ventura.

Q.                Was that all that were recovered from these 2 subjects?

A.                The police asset gave the specimen and the bolo.

Q.                What else?

A.                No more.

Q.                When the persons of the accused were restrained and all the evidences
were gathered, what finally did you do?

A.                We informed them that they violated Sec. 5 of R.A. 9165 for selling of
illegal drugs and we also informed them of their constitutional rights.
 

Q.                After that what did you do with them?

A.                Grace Ventura, Danilo Ventura and Vergel Ventura were brought to the
police station for further investigation.

Q.                What did you do with the specimen?

A.                We prepared a request for laboratory examination and the request for
drug test.

Q.                Before you prepared those requests, what did you do with those
documents in order to distinguish it to the other shabu that were recovered
from the operation?

A.                We placed the marking.

Q.                And the marking that you placed?

A.                The initial of PO2 Sarmiento.

Q.                Which happened to be in what letters?

A.                LCS.

 
 Q.                And later did you come to know the findings of the forensic chemist of
the crime laboratory?

A.        Positive for shabu and positive for drug test.

 
            x x x x
 
Q.                You claimed also that you recovered one sachet of shabu as a result of the
operation. Attached to the record is a plastic sachet containing of (sic)
what appears to be white crystalline substance, what relation has this to
the one that you claimed as the shabu sold to your group?

A.                This is the same.

 
PROS. MEDRANO:
 
            It was already marked as Exh. “E”. We pray that the marking placed
therein be submarked as “E-1.”
 
COURT:
 
            Mark them.
 
PROS. MEDRANO:
 
Q.                You made mention of a request made by your unit to the PNP Crime
Laboratory. I’m showing to you such document please confirm to us if this
is the same document that you made mention of?

A.                Yes, sir. This is the one. It was previously marked as Exh. “F.”  We pray
that the stamp mark RECEIVED of the PNP Crime Laboratory be
submarked as “F-1.”

All documentary, testimonial, and object pieces of evidence, including the

markings on the plastic sachet containing the shabu, prove that the substance tested
by the forensic chemist, whose laboratory tests were well-documented, was the
same as that taken from accused-appellant.  The foregoing evidence established
and preserved the identity of the confiscated shabu.  Moreover, the integrity of the
evidence is presumed to be preserved, unless there is a showing of bad faith, ill
will, or proof that the evidence has been tampered with.  Accused-appellant, in this
case, bears the burden to make some showing that the evidence was tampered or
meddled with, to overcome a presumption of regularity in the handling of exhibits
by public officers and a presumption that they properly discharged their duties.

In the case at bar, the evidence clearly shows that accused-appellant was
involved in the buy-bust operation.  Having been caught in flagrante delicto,
accused-appellant’s participation cannot be doubted. 

Following the provisions of Section 5 in relation to Section 26 of Article II,

Republic Act No. 9165, the illegal sale of prohibited or regulated drugs is
penalized with life imprisonment to death and a fine ranging from P500,000.00 to
P10,000,000.00.  The statute, in prescribing the range of penalties imposable, does
not concern itself with the amount of dangerous drug sold by an accused.

Section 5 of Republic Act No. 9165 stipulates:

 
SEC. 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.
 
 

Section 26 of the same Act provides:

Section 26. Attempt or Conspiracy. – Any attempt or conspiracy to

commit the following unlawful acts shall be penalized by the same penalty
prescribed for the commission of the same as provided under this Act:
 
(a)                Importation of any dangerous drug and/or controlled
precursor and essential chemical;

(b)               Sale, trading, administration, dispensation, delivery,

distribution and transportation of any dangerous drug
and/or controlled precursor and essential chemical;

(c)                Maintenance of a den, dive or resort where any dangerous

drug is used in any form;

(d)               Manufacture of any dangerous drug and/or controlled

precursor and essential chemical; and

(e)                Cultivation or culture of plants which are sources of

dangerous drugs.

 
 Applying the foregoing provisions of Republic Act No. 9165, the penalty
imposed by the RTC, as affirmed by the Court of Appeals, is proper.

There being no mitigating or aggravating circumstances attending accused-

appellant’s violation of the law, the penalty to be imposed is life imprisonment.
Considering that the weight of the shabu confiscated from accused-appellant is
0.124 gram, the amount of P500,000.00 imposed by the court a quo, being in
accordance with law and upheld by the appellate court,  is similarly sustained by
this Court.

WHEREFORE, premises considered, the Court of Appeals Decision dated

30 June 2008 in CA-G.R. CR-HC No. 02127, affirming the Decision promulgated
by the Regional Trial Court of Malolos, Bulacan, Branch 78, in Criminal Case No.
3244-M-2003, finding accused-appellant Grace Ventura y Natividad guilty beyond
reasonable doubt of selling 0.124 gram of methamphetamine hydrochloride or
shabu, a prohibited drug, in violation of Section 5 in relation to Section 26, Article
II of Republic Act No. 9165, and imposing upon her the penalty of life
imprisonment and a fine of Five Hundred Thousand Pesos (P500,000.00), is
hereby AFFIRMED.

In the service of her sentence, accused-appellant Grace Ventura y Natividad,

who is a detention prisoner, shall be credited with the entire period during which
she has undergone preventive imprisonment.

 
 SO ORDERED.

        MINITA V. CHICO-NAZARIO

Associate Justice

WE CONCUR:

LEONARDO A. QUISUMBING
Associate Justice

 
        DIOSDADO M. PERALTA
ANTONIO T. CARPIO                 Associate Justice

Associate Justice

Chairperson
   

   

   

 
 
ROBERTO A. ABAD

Associate Justice

ATTESTATION

          I attest 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.

 
                                                                      ANTONIO T. CARPIO

                                                                              Associate Justice

                                                                     Chairperson, Third Division

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                

*           Per Special Order No. 755, dated 12 October 2009, signed by Chief Justice Reynato S. Puno designating
Associate Justice Leonardo A. Quisumbing to replace Associate Justice Antonio Eduardo B. Nachura, who
is on official leave.

**          Per Special Order No. 753, dated 12 October 2009, signed by Chief Justice Reynato S. Puno designating
Associate Justice Roberto A. Abad to replace Associate Justice Presbitero J. Velasco, Jr., who is on official
leave.

              Penned by Associate Justice Rosmari D. Carandang with Associate Justices Portia Aliño-Hormachuelos and
Estela M. Perlas-Bernabe, concurring; rollo, pp. 2-17. 

              Penned by Judge Gregorio S. Sampaga; records, pp. 236-245.

              Comprehensive Dangerous Drugs Act of 2002.

              Records, p. 2.

              Id. at 28.

              Id. at 245.

              Id. at 248.

              Rollo, pp. 16-17.

              Id. at 18.

            1987 Philippine Constitution, Article III, Section 14(2).

            People v. Villanueva, G.R. No. 172116, 30 October 2006, 506 SCRA 280, 286.

            People v. Corpuz, 459 Phil. 100, 112 (2003).

            TSN, 6 August 2004, p. 10.

            TSN, 19 March 2004, p. 7.

            Exhibits A-D; Records, p. 37.

            TSN, 6 August 2004, p. 162.

            TSN, 19 March 2004, p. 131.

            Records, p. 25.

            Id.

            Id. at 28.

            Ching v. People, G.R. No. 177237, 17 October 2008, 569 SCRA 711, 724; People v. Dilao, G.R. No.
170359, 27 July 2007, 528 SCRA 427, 442.

            People v. Capalad, G.R. No. 184174, 7 April 2009, citing People v. Naquita, G.R. No. 180511, 28 July
2008, 560 SCRA 430, 451.

            Records, p. 244.

            People v. Abelita, G.R. No. 96318, 26 June 1992, 210 SCRA 497, 503.

            Records, p. 25.

            Id. at 28.

            Id. at 37.

            Id. at 22.

            People v. Santiago, 465 Phil. 151, 163 (2004).

            People v. Mateo, G.R. No. 179478, 28 July 2008, 560 SCRA 397, 416-417.

            People v. Valencia, 439 Phil. 561, 568 (2002), citing People v. Medenilla, 407 Phil. 461, 474 (2001); People
v. Lee, 407 Phil. 251, 260 (2001); People v. Mustappa, 404 Phil. 888, 898 (2001).
 

            People v. Dumlao, G.R. No. 181599, 20 August 2008, 562 SCRA 762, 770.

            People v. Capalad, G.R. No. 184174, 7 April 2009.

            People v. Ahmad, 464 Phil. 848, 870 (2004).

            TSN, 19 March 2004, pp. 7-8.

            TSN, 6 August 2004, pp. 8-11.

            People v. Agulay, G.R. No. 181747, 26 September 2008, 566 SCRA 571, 595.