EOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS.

JEHAR REYES,
ACCUSED-APPELLANT.

DECISION
BERSAMIN, J.:
Compliance with the guidelines on the preservation of the chain of custody of the dangerous
drugs subject of a prosecution for the illegal sale of dangerous drugs must be clearly and
convincingly established by the State. Any lapse in the chain of custody must be affirmatively
explained by the Prosecution; otherwise, the chain of custody will be held to be broken and
insufficient to support a conviction of the accused. The presumption of regularity of the
performance of official duty in favor of the arresting officers cannot prevail over the
presumption of innocence in favor of the accused.

The Case

This appeal focuses on the decision promulgated on June 13, 2011 in CA-G.R. CEB CR-H.C. No.
00792 entitled People v. Jehar Reyes,[1] whereby the Court of Appeals (CA) affirmed the
judgment rendered on March 9, 2007 by the Regional Trial Court (RTC), Branch 10, in Cebu City
finding accused Jehar Reyes guilty as charged of a violation of Section 5, Article II of Republic
Act No. 9165 (Comprehensive Dangerous Drugs Act of 2002).[2]

Antecedents

The accusatory portion of the information charging the violation of Section 5 of R.A. No. 9165
reads:

That on or about the 27th day of November, 2002 at 2:00 o'clock in the afternoon, more or less,
at the Municipality of Minglanilla, Province of Cebu, Philippines, and within the jurisdiction of
this Honorable Court, the above-named accused, with deliberate intent and without proper
authority or permit, did then and there wilfully, unlawfully and feloniously SELL, DELIVER and
GIVE away to a poseur buyer for the sum of ONE THOUSAND PESOS (PI ,000.00), Philippine
Currency, bill marked money with Serial Nos. HNOI9541, EX212112, ZW886460, FQ954616,
DA723857, Q0[0]6140, DE709987, SY315980, FQ950975, BB341926 three (3) silver paper
packets of white crystalline substance weighing 1.44 grams, which when subjected to
laboratory examination gave positive results for the presence of Methamphetamine
Hydrochloride, a regulated drug.

CONTRARY TO LAW.[3]

After the accused pleaded not guilty to the information, the State presented as witnesses
PO2 Jesus Rudson Villahermosa, PO1 Januario Miro, PSINSP Arnel Banzon, PO2 Marlon
Lumayag and Jude Daniel Mendoza,[4] while the Defense had the accused and Cesar Canada
as its own witnesses.[5]

The CA summarized the respective versions of the parties m the assailed decision as follows:

x x x [O]n 27 November 2002, at around 2:00 p.m., a buy-bust operation was conducted at
accused-appellant's residence in Sitio Cayam, Barangay Ward I, Tiber, Minglanilla, Cebu. The
team was composed of Senior Police Inspector Arnel Banzon (hereafter, "Banzon"), PO2 Jesus
Rodson Villahermosa (hereafter, "PO2 Villahermosa") and PO1 Januario Miro (hereafter, "PO1
Miro") (both poseur-buyers). The backup team was composed of Senior Police Inspector Glenn
Mayan, SPO2 Jesus Rojas, SP[O]1 Eduardito Brigoli, P[O]3 Danilo Lopez, P[O]2 Percival
Charles, P[0]3 Marlon Lumayag (hereafter P[O]3 Lumayag), and P[O]2 Aristocles.
The following items were recovered from accused-appellant: three plastic packs (including the
plastic pack bought by the poseur-buyers from accused-appellant), containing a (sic) white
crystalline substance; and the buy-bust money of ten P100.00 bills with serial numbers
HN[0]19541, EX212112, ZW886460, FQ954616, DA723857, QO[0]6140, DE709987, SY315980,
[F]Q950975, BB341926. The total weight of the contents of the three plastic packs was 1.44
grams. When subjected to laboratory examination, the contents tested positive for
methamphetamine hydrochloride, otherwise known as "shabu". Accused-appellant was
thereafter charged with the crime of Illegal Sale of Shabu under Article 2, Section 5, R.A. 9165.