FIRST DIVISION

[G.R. No. 186466 : July 26, 2010]

PEOPLE OF THE PHILIPPINES , PPELLEE, VS. !HRISTOPHER DES"#O # $"EN, !!"SED%
PPELLNT.
D E ! I S I O N
PERE&, J.:
Accused-appellant Christopher Desuyo y Buen (Desuyo) is before Us on appeal from the Decision
[1]
of the
Court of Appeals in CA-G! "C #o $%&'1 dated %( Au)ust %$$*+ ,hich affirmed his con-iction
[%]
by the
!e)ional .rial Court (!.C) of /orso)on+ /orso)on+ Branch &% to)ether ,ith co-accused /antos De "itta (De
"itta)+ for the crimes of ille)al sale and ille)al possession of shabu+ a dan)erous dru)+ in -iolation of
/ections & and 11+ Article 00+ of !epublic Act #o (1'& or the Comprehensi-e Dan)erous Dru)s Act of %$$%
[1]
The facts:
Accused-appellant Desuyo ,as arrested to)ether ,ith co-accused De "itta in the e-enin) of 11 2ay %$$1 by
the operati-es of the Criminal 0n-esti)ation and Detection Group (C0DG) in /orso)on City in the course of a
buy-bust operation .hey ,ere subse3uently char)ed by the City 4rosecutor under t,o separate
0nformations filed on 1& 2ay %$$1 ,ith the !.C for ille)al sale and ille)al possession ofshabu+ a dan)erous
dru)
.he t,o (%) cases ,ere raffled to Branch &% of the !.C of /orso)on+ /orso)on Doc5eted as Criminal Cases
#os %$$1-&(%1 and %$$1-&(%6+ the char)e sheet accused De "itta and Desuyo of committin) the follo,in)
acts7
Criminal Case #o %$$1-&(%1
.hat on or about 1$71$ o8cloc5 in the e-enin) of 2ay 11+ %$$1 in front of 2anoy8s !estaurant+ !i9al /t+ City
of /orso)on+ 4hilippines+ and ,ithin the :urisdiction of this "onorable Court+ the said accused+ conspirin)
to)ether and mutually helpin) one another+ did then and there ,illfully+ unla,fully and feloniously ha-e in
their possession+ custody and control+one (1) plastic sachet of ;2ethamphetamine "ydrochloride; locally
5no,n as ;shabu+; ,ith an a))re)ate ,ei)ht of $$1(& )ram+ ,ithout any le)al authority to possess and
ha-e the same in their custody
[6]
Criminal Case #o %$$1-&(%6
.hat on or about 1$71$ o8cloc5 in the e-enin) of 2ay 11+ %$$1 in front of 2anoy8s !estaurant+ !i9al /t+ City
of /orso)on+ 4hilippines+ and ,ithin the :urisdiction of this "onorable Court+ the said accused+ conspirin)
to)ether and mutually helpin) one another+ did then and there ,illfully+ unla,fully and feloniously sell+
deli-er and con-ey+ to a poseur-buyer+one (1) plastic sachet of ;2ethampetamine "ydrochloride; locally
5no,n as ;shabu; ,ith an a))re)ate ,ei)ht of $$1&* )rams+ ,ithout any le)al authority to sell and deli-er
the same
[&]
<hen arrai)ned+ accused-appellant Desuyo and his co-accused De "itta+ assisted by counsel+ pleaded not
)uilty in the t,o cases
[']
4re-trial proceedin)s ha-in) been terminated+ trial on the merits follo,ed
0n the ensuin) trial+ the prosecution presented as ,itnesses7 (1) /4=6 Dante 2acadan)dan) (team leader of
the buy-bust operation)> (%) 4=% "umberto A Bola3ue?@a+ Ar (buy-bust team member)> (1) /4=% /antos
G Garbin (4DBA team leader)> and (6) 4C0nsp CiroD =mero (forensic chemist)
/4=6 Dante 2acadan)dan) testified that he ,as the team leader of the C0DG team ,hich conducted the
buy-bust operation a)ainst Desuyo and De "itta+ narratin) the se3uence of e-ents that e-enin) as follo,s7
At around 1$7$$ o8cloc5 in the e-enin) of 11 2ay %$$1+ /4=6 2acadan)dan) conducted a briefin) ,ith his
buy-bust team composed of the ci-ilian informant+ 4=1 Bola3ue?@a+ /4=6 2acadan)dan)+ and /4=% /antos
Garbin of the 4DBA Accordin) to him+ they recei-ed confidential information about dru) transactions bein)
done at the -icinity of 2anoy8s !estaurant alon) 2a)saysay /treet in /orso)on City in-ol-in) the security
)uard of said establishment
"e desi)nated 4=% Bola3ue?@a as poseur-buyer and )a-e the latter t,o (%) pieces of 41$$$$ bills for the
operation At around 1$71$ o8cloc5 in the e-enin)+ the team proceeded to the tar)et area 4=% Bola3ue?@a+
to)ether ,ith the informant+ ,ent to 2anoy8s restaurant /4=6 2acadan)dan) and /4=% Garbin stayed at
the ad:acent area+ about fi-e to siD meters a,ay and ,aited for the pre-arran)ed si)nal of 4=% Bola3ue?@a
- the ta5in)-off of his cap si)nifyin) that the transaction has been consummated Upon the si)nal of 4=%
Bola3ue?@a+ the team approached him and arrested Desuyo and /antos De "itta+ ,ho ,ere both identified
by /4=6 2acadan)dan) in court .he t,o accused-appellants ,ere ta5en to the C0DG =ffice A plastic
sachet of shabu+ a fan 5nife and other paraphernalia ,ere reco-ered from De "itta
4=% "umberto A Bola3ue?@a+ Ar+ %* years old+ and a 4#4 2ember of C0DG Albay testified on the police
operations leadin) to the apprehension of accused- appellants
Accordin) to the ,itness+ he acted as poseur-buyer .he buy-bust operation ,as upon confidential
information relayed by a ci-ilian a)ent+ that Desuyo and De "itta ,ere 5no,n peddlers of shabuplyin) the
area of 2anoy Eastfood located alon) !i9al /treet in /orso)on City .he police sur-eilled the area for t,o
,ee5s and confirmed the report of the informant .hereafter+ a buy-bust team of police operati-es ,as
formed composed of /4=6 Dante 2acadan)dan)+ 4=1 Bautista+ 4=% Bola3ue?@a+ a ci-ilian a)ent+ and a
representati-e from 4DBA 4=% Bola3ue?@a ,as desi)nated as poseur-buyer by /4=6 2acadan)dan)+ ,ho
handed the former t,o (%) =ne "undred 4eso bills to be used in purchasin) shabu durin) the operation Eor
identification purposes+ 4=% Bola3ue?@a affiDed his initials+ "AB+ on the bills
At around 1$71$ o8cloc5 in the e-enin) of 11 2ay %$$1+ the police operati-es ,ent to the location ,ith the
ci-ilian informant =n reachin) the place+ 4=% Bola3ue?@a and the informant approached De "itta ,hile the
other members of the team positioned themsel-es at the -icinity of the tar)et area ,aitin) for 4=%
Bola3ue?@a8s pre-arran)ed si)nal+ the ta5in)-off of his cap
.he ci-ilian a)ent introduced 4=% Bola3ue?@a to de "itta as a buyer of shabu De "itta then in3uired ho,
much 4=% Bola3ue?@a ,ould li5e to purchase+ to ,hich the police officer replied+ ;4%$$$$ ,orth of shabu;
.hereafter De "itta as5ed them to ,ait De "itta ,ent inside the )ate of the buildin) ,here 2anoy8s
Eastfood ,as located and approached accused- appellant Desuyo+ a security )uard at the establishment+
,ho ,as standin) in front of the restaurant /e-eral minutes passed before De "itta returned+ accompanied
by Desuyo ,ho had a sachet of shabu ,ith him .hereupon+ 4=% Bola3ue?@a handed the t,o (%) mar5ed
=ne "undred 4eso bills to De "itta Desuyo then handed o-er the sachet of shabu to 4=% Bola3ue?@a
After Desuyo handed the sachet of shabu to 4=% Bola3ue?@a+ the latter remo-ed his cap as a pre-arran)ed
si)nal to si)nify to the buy-bust team that the transaction had been consummated and the team members
rushed to,ards ,here they ,ere Upon a body search of the t,o (%) accused+ one (1) sachet of shabu+
se-eral empty plastic sachets+ rolled aluminum foil and a fan 5nife ,ere retrie-ed from De "itta
.he 4%$$$$ buy-bust money+ a disposable li)hter+ aluminum foil+ as ,ell as an empty plastic sachet ,ere
reco-ered from Desuyo .he sachet bou)ht from Desuyo ,as mar5ed "AB1+ ,hile the one ta5en from De
"itta ,as mar5ed "AB%
/4=% /antos G Garbin+ 6& years old+ a member of the 4#4 and .eam Feader of 4DBA /orso)on /pecial
Bnforcement .eam confirmed that the buy-bust operation conducted by the C0DG on 11 2ay %$$1 a)ainst
De "itta and Desuyo+ ,hom he both identified in court+ ,as coordinated ,ith the 4DBA Accordin) to /4=%
Garbin+ he acted as perimeter security in the operation "e and /4=6 2acadan)dan) ,ere posted at the
former /hell Gasoline /tation in front of 2anoy8s !estaurant in /orso)on City and ,aited for 4=%
Bola3ue?@a8s pre- arran)ed si)nal /4=6 2acadan)dan) ,ent closer to the area ,here the buy- bust ,as
conducted but he stayed at his post in order to secure the area "e further testified that the t,o (%)
suspects ,ere apprehended and brou)ht to the C0DG =ffice
Einally+ 4C0nsp CiroD =mero+ forensic chemist of the 4#4 !e)ional Crime Faboratory =ffice+ testified that on
16 2ay %$$1+ he conducted a laboratory eDamination on t,o (%) specimens mar5ed A ("AB1) and B ("AB%)+
,hich yielded the follo,in) results as reported in Chemistry !eport #o D-1G*-%$$1
[G]
indicatin) the
follo,in)7
/4BC02B# /UB20..BD7
.,o (%) heat sealed transparent plastic sachets+ each containin) ,hite crystalline substance ha-in) the
follo,in) mar5in)s and recorded net ,ei)hts7
A ("AB1) H $$1&* )ram B ("AB%) H $$1(& )ram
E0#D0#G/7
/pecimen A and B contain 2ethamphetamine "ydrochloride+ a dan)erous dru)
[*]
/pecimen A consisted of $$1&* )ram of methamphetamine hydrochloride
/pecimen B contained $$1(& )ram of methamphetamine hydrochloride
.he defense had an entirely different -ersion+ presentin) the follo,in) ,itnesses in court7 (1) accused-
appellant Christopher Desuyo> (%) co-accused /antos De "itta> (1) Al,in 2edina> and (6) Bdmund Dionela
Accused-appellant Desuyo and De "itta denied the char)es .estifyin) before the trial court+ Desuyo
eDplained that he is a security )uard at 2anoy8s !estaurant =n the ni)ht of 11 2ay %$$1+ he ,itnessed an
altercation in-ol-in) se-eral men inside said establishment Upon seein) the commotion+ he ,ent inside to
chec5 out ,hat ,as happenin) and sa, three (1) men forcin) somebody (later on determined to be De
"itta) to )o out ,ith them Desuyo confronted the three (1) men but one of them pointed a 6& caliber )un
on him and forced him to )o out of the restaurant .hey ,ere ta5en to .alisay+ /orso)on City ,here he ,as
made to strip to determine if he had shabuhidden #o shabu ,as found on his person .he men ,ho too5
them did not re-eal that they ,ere under arrest nor did they identify themsel-es as police officers .he men
,ere not in uniform 0t ,as only the neDt mornin) that they came to 5no, that the three (1) men ,ere
police officers Desuyo denied 5no,in) De "itta prior to the arrest and said he ne-er had any transaction
,ith De "itta
Corroboratin) the testimony of Desuyo+ De "itta ,as put on the ,itness stand Accordin) to him+ he ,ent to
2anoy8s !estaurant on 11 2ay %$$1 at around 1$71$ o8cloc5 in the e-enin) to )et ,ater from the :u) placed
inside the restaurant "e ,ent there after -isitin) his )randmother After drin5in) a )lass of ,ater+ he then
,ent inside the comfort room and urinated <hile inside the comfort room+ a man ,ith curly hair and li)ht
compleDion+ later on identified to be 4=% Bola3ue?@a+ arrested him
.he man held him by the bac5 of his shoulder and said7 I,hat are you thro,in) there+ shabuJ8 and the man
pulled him out of the rest room .he man ,as alone+ did not identify himself+ and offered no eDplanation as
to ,hy he ,as bein) arrested "e and Desuyo ,ere ta5en to the C0DG office and escorted to a room ,here
they ,ere made to strip off all their clothes and the person ,ho arrested them told them+ IKou remo-e your
clothes because you mi)ht be hidin) shabu in your body8 #othin) ,as found on his person eDcept for a fan
5nife ,hich ,as confiscated but no receipt ,as issued for it "e further narrated that the police officer ,ho
searched him boDed him fi-e (&) times on his stomach
De "itta+ ho,e-er admitted that three (1) months prior to the incident he ,as already a,are that Desuyo
,as a security )uard at 2anoy8s !estaurant as he had )one to 2anoy8s !estaurant to drin5 ,ater for about
se-en (G) times durin) that three-month period
<hen as5ed+ De "itta admitted that apart from this case+ he has another case for /erious 4hysical 0n:uries
pendin) before the 2.C of /orso)on+ and a prior con-iction for -iolation of Batas 4ambansa #o ' because
he ,as cau)ht in possession of a Batan)as Lnife
Alwin Medina+ a tricycle dri-er+ testified he ,as at his usual par5in) place in front of the FBC =ffice ,aitin)
for passen)ers at around 1$7$$ to 117$$ o8cloc5 in the e-enin) of 11 2ay %$$1 Accordin) to 2edina+ he
5no,s Desuyo because he had tal5ed to him on se-eral occasions ,hile ,aitin) for passen)ers in the said
place
At around that time+ 2edina sa, Desuyo standin) beside tables and chairs outside 2anoy8s !estaurant
<hen he left at around 117$$ o8cloc5 in the e-enin)+ Desuyo ,as still there+ and no unto,ard incident
in-ol-in) the latter happened that ni)ht #either did he see De "itta that ni)ht .he neDt day+ he found out
from other tricycle dri-ers that Desuyo ,as arrested the pre-ious ni)ht
Edmund Dionela+ 16 years old+ also a tricycle dri-er+ testified that bet,een (7$$ to 1$7$$ o8cloc5 in the
e-enin) of 11 2ay %$$1+ his tricycle ,as par5ed at 2anoy8s !estaurant ,hile he ,as ,aitin) for passen)ers
to ride his tricycle ,hen an unusual incident happened At around 1$71$ o8cloc5 in the e-enin)+ he sa, t,o
(%) male persons enter the restaurant and forcibly ta5e a man ,hom he identified as De "itta As this ,as
ta5in) place+ he sa, Desuyo+ ,ho ,as standin) at the corner+ )o to,ards the direction of De "itta+ but ,as
accosted by another man and forcibly ta5en a,ay .he man pointed a 6& caliber )un at Desuyo
=n 1G April %$$'+ the trial court rendered Aud)ment in Criminal Cases #os %$$1-&(%1 and %$$1-&(%6
findin) Desuyo and De "itta )uilty beyond reasonable doubt of dru) pushin) and dru) possession+ viz.7
<"B!BE=!B+ premises considered+ findin) accused /A#.=/ De "0..A and C"!0/.=4"B! DB/UK= y BUB#
GU0F.K beyond reasonable doubt of the crimes char)ed a)ainst them in the t,o (%) separate 0nformation+
accused /A#.=/ De "0..A and C"!0/.=4B! DB/UK= y BUB# are hereby sentenced to suffer the follo,in)
penalties to ,it7
(1) 0n Criminal Case #o %$$1-&(%1+ for both accused to suffer an imprisonment of .<BFMB (1%) KBA!/
A#D =#B (1) DAK .= E0E.BB# (1&) KBA!/ A#D A E0#B =E 41$$+$$$$$ and to pay the costs> and
(%) 0n Criminal Case #o %$$1-&(%6+ for both accused to suffer the penalty of F0EB 024!0/=#2B#. and a
fine of 4&$$+$$$$$+ and to pay the costs
Accused+ /A#.=/ De "0..A and C"!0/.=4"B! DB/UK= y BUB# shall ser-e their sentence one after the
other or in succession
.he shabu reco-ered is hereby ordered forfeited in fa-or of the )o-ernment and the Branch Cler5 of Court is
hereby directed to turn o-er the same to the 4DBA for proper disposal ,ithout further delay and that the
4%$$$$ bills be returned to the head of the C0DG based in this City
[(]
=nly Desuyo interposed an appeal ,ith the Court of Appeals
Brushin) aside the alle)ed inconsistencies in the testimonies of the defense ,itnesses as cited by the
defense and sustainin) the trial court8s findin) of conspiracy+ the appellate court+ in its Decision dated %(
Au)ust %$$*+ confirmed the presence of all elements of the t,o (%) separate crimes of ille)al sale and ille)al
possession of dan)erous dru)s+ ,ith the e-idence establishin) the culpability of Desuyo and De "itta+ to ,it7
<"B!BE=!B+ the assailed Decision dated 1G April %$$' of the !e)ional .rial Court+ Eifth Audicial !e)ion+
/orso)on City+ Branch &%+ in Criminal Case #os %$$1-&(%1 and %$$1-&(%6 is hereby AEE0!2BD
[1$]
Accused-appellant Desuyo is no, before this Court assailin) the Decision rendered by the Court of Appeals
on the follo,in) assi)nment of errors7
0
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024!=BAB0F0.0B/ 0# ."B 4!=/BCU.0=#8/ .B/.02=#0AF BM0DB#CB
00
."B .!0AF C=U!. G!AMBFK B!!BD 0# 4!=#=U#C0#G ."B GU0F. =E ."B ACCU/BD #=.<0."/.A#D0#G
."B EA0FU!B =E ."B 4!=/BCU.0=# .= 4!B/B!MB ."B 0#.BG!0.K A#D BM0DB#.0A!K MAFUB =E ."B
DA#GB!=U/ D!UG A#D 4A!A4"B!#AF0A AFFBGBDFK E=U#D 0# ."B 4=//B//0=# =E ."B ACCU/BD
0M
."B .!0AF C=U!. G!AMBFK B!!BD 0# !BFK0#G =# ."B 4!B/U24.0=# =E !BGUFA!0.K 0# ."B
4B!E=!2A#CB =E =EE0C0AF DU.0B/+ ."U/ G0M0#G C!BDB#CB .= ."B .B/.02=#K =E 4=% !=B0# 2=F0#A
<"B# ."B /A0D 4!B/U24.0=# "AD BBB# =MB!.U!#BD BK ."B A!!B/.0#G =EE0CB!/8 #=#-
C=24F0A#CB <0." ."B !BNU0!B2B#./ E=! ."B 4!=4B! CU/.=DK =E /B0OBD DA#GB!=U/ D!UG/
U#DB! !A (1'&
4rayin) for his ac3uittal+ Desuyo asserts that his )uilt of the crimes char)ed has not been established and
pro-en beyond reasonable doubt "e ar)ues+ albeit for the first time on appeal+ that the e-idence adduced
by the prosecution failed to sho, compliance ,ith the re3uirements of la, for handlin) sei9ed e-idence
under !epublic Act #o (1'&
After a meticulous eDamination of the records+ the Court finds that the appeal must fail
Desuyo ,as accused of conspiracy in the ille)al sale and ille)al possession of a dan)erous dru) Conspiracy
eDists ,hen t,o (%) or more persons come to an a)reement concernin) the commission of a felony and
decide to commit it
[11]
As a rule+ conspiracy must be pro-ed as con-incin)ly and indubitably as the crime
itself 0t is not+ ho,e-er+ necessary that conspiracy be pro-ed by direct e-idence of a prior a)reement to
commit the crime
.o recall the principles+ con-iction is proper in prosecutions in-ol-in) illegal sale of re)ulated or prohibited
dru)s if the follo,in) elements are present7 (1) the identity of the buyer and the seller+ the ob:ect+ and the
consideration> and (%) the deli-ery of the thin) sold and the payment therefor
[1%]
<hat is material is proof
that the transaction or sale actually too5 place+ coupled ,ith the presentation in court of the prohibited or
re)ulated dru)
[11]
<e reiterate the meanin) of the termcorpus delicti ,hich is the actual commission by
someone of the particular crime char)ed
[16]
Eor illegal possession of re)ulated or prohibited dru)s+ the prosecution must establish the follo,in)
elements7 (1) the accused is in possession of an item or ob:ect+ ,hich is identified to be a prohibited dru)>
(%) such possession is not authori9ed by la,> and (1) the accused freely and consciously possessed the
dru)
[1&]
Based on the fore)oin)+ this Court finds that the collecti-e testimonies of the ,itnesses as ,ell as the other
physical e-idence proffered by the prosecution irre-ocably support a conclusion that on the ni)ht of 11 2ay
%$$1+ a buy-bust operation too5 place in the -icinity of 2anoy8s !estaurant in /orso)on ,here accused-
appellant Desuyo and his co-accused De "itta ,ere cau)ht sellin) and possessin) shabu+ a dan)erous dru)+
in patent -iolation of the Comprehensi-e Dan)erous Dru)s Act of %$$%
A close loo5 at the se3uence of e-ents narrated by the prosecution ,itnesses indicates that the sale of the
prohibited dru) in fact too5 place+ ,ith the sale bein) ade3uately established Accused-appellant Desuyo
,as definitely identified by 4=% Bola3uena as the one ,ho physically handed the sachet of shabu to the
poseur-buyer durin) the buy-bust operation, determinin) thereby that he conspired ,ith co-accused De
"itta in the ille)al acti-ity .he sei9ed items+ pro-en positi-e to beshabu+ ,ere properly identified and
presented before the court
As testified by the poseur-buyer 4=% Bola3ue?@a+ De "itta recei-ed the 4%$$$$ payment for theshabu+
,hile accused-appellant Desuyo ,as the one ,ho deli-ered and physically handed o-er the sachet
of shabu to 4=% Bola3ue?@a .hat act at that -ery moment is the corpus delicti of the offense Upon
fris5in) of co-accused De "itta+ ,hich is incidental to a la,ful arrest+ another sachet ofshabu ,as retrie-ed
from the latter 4=% Bola3ue?@a8s account+ particularly on the fact of sale and retrie-al of shabu+ ,ere
corroborated by /4=6 2acadan)dan)
<hile there is no sho,in) of direct e-idence that accused-appellant a)reed ,ith De "itta to commit the
crime+ their acts and the attendant circumstances surroundin) the commission of the crime disclose a
common desi)n that ,ould ma5e all of them co-principals in the crime committed As already cited direct
e-idence is not essential in pro-in) conspiracy
[1']
.he contemporaneous acts of Desuyo ,ith De "itta all
point to a unity of acts and a common desi)n ma5in) Desuyo a co-principal
0n ,ei)hin) the testimonies of the prosecution ,itnesses vis- -vis those of the defense+ the trial court )a-e
more credence to the -ersion of the prosecution <e find no reason to disa)ree <ell-settled is the rule
that in the absence of palpable error or )ra-e abuse of discretion on the part of the trial :ud)e+ the trial
court8s e-aluation of the credibility of ,itnesses ,ill not be disturbed on appeal
[1G]
4rosecutions in-ol-in)
ille)al dru)s depend lar)ely on the credibility of the police officers ,ho conduct the ;buy-bust; operation and
appellate courts+ upon established precedents and of necessity+ rely on the assessment of the credibility of
,itnesses by the trial courts ,hich ha-e the uni3ue opportunity+ una-ailable to the appellate courts+ to
obser-e the ,itnesses and to note their demeanor+ conduct+ and attitude under direct and cross-
eDamination 0ncidentally+ the issues raised by the defense mention a certain 4=% 2olina #otably+
ho,e-er+ there is nothin) in the records to indicate the participation of any 4=% 2olina
.he testimony of 2edina+ the tricycle dri-er+ is ne)ati-e testimony ,hich pro-es nothin) more than that he
did not see any unto,ard incident occur inside 2anoy8s restaurant at the time and date of the buy-bust
operation Bet,een the cate)orical statements of the prosecution ,itness+ on one hand+ and the bare denial
of accused-appellant+ the former must pre-ail 0t is a ,ell-settled rule that affirmati-e testimony is far
stron)er than ne)ati-e testimony+ especially so ,hen it comes from the mouth of a credible ,itness
[1*]

2edina8s ne)ati-e testimony is in fact contradictory to the purported -ersion of Desuyo ,ho admits that an
incident did occur that e-enin) in the -icinity of 2anoy8s B-en the testimony of Dionela+ another .ricycle
dri-er ,ho testified for the defense+ does not ne)ate that the incident inside 2anny8s ,as a buy-bust
operation
Accused-appellant8s t,in defenses of denial and frame-up+ as in the case of his co-accused+ hold little
,ei)ht vis- -vis the stron) e-idence )athered by the prosecution in pro-in) his complicity to the offenses
Erame-up+ li5e denial+ is -ie,ed by this Court ,ith disfa-or for it can easily be concocted
[1(]
.he Court also
ta5es into consideration the failure of the defense to pro-e any ill moti-e or odious intent on the part of the
police operati-es to impute such a serious crime that ,ould put in :eopardy the life and liberty of an
innocent person+ such as the one imputed a)ainst Desuyo "is alle)ations that he ,as beaten up is belied
by the absence of proof to that effect Desuyo did not present any medical record that he ,as physically
abused
Einally+ Desuyo protests that the procedure for the custody and disposition of confiscated+ sei9ed andCor
surrendered dan)erous dru)s+ under /ection %1 (a)+ para)raph 1 of Article 00 of !epublic Act #o (1'&+
[%$]
,as not complied ,ith to the letter of the la, #on-compliance+ he ar)ues+ ma5es theshabu alle)edly
retrie-ed from him inadmissible in e-idence
But+ as this Court has held in recent cases+ ie People v. Agulay,
[%1]
People v. Pringas+
[%%]
and in the more
recent case of People v. Quebral,
[%1]
failure to comply strictly ,ith those re3uirements ,ill not render the
sei9ure of the prohibited dru)s in-alid for so lon) as the integrity and evidentiary value of the confiscated
items are properly preser-ed by the apprehendin) officers #ote,orthy as ,ell is the pro-iso in the
particular section of the 0mplementin) !ules ,hich states that Inon-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.8 .he e-ident purpose of the procedure pro-ided for is the preser-ation of the
inte)rity and e-identiary -alue of the sei9ed items+ as the same ,ould be utili9ed in the determination of the
)uilt of or innocence of the accused
.he body of e-idence adduced by the parties supports the conclusion that the inte)rity and e-identiary -alue
of the sei9ed e-idence ,ere preser-ed and safe)uarded throu)h an unbro5en chain of custody established
by the prosecution - from the arrestin) officer+ to the in-esti)atin) officer+ and then to the forensic chemist
At the time of arrest+ the sei9ed items consistin) of the t,o (%) plastic sachets containin) ,hite crystalline
substance suspected to be shabu ,ere se)re)ated and indi-idually mar5ed as ;"AB1; and "AB%+;
correspondin) to 4=% "umberto Bola3ue?@a+ Ar8s initials
[%6]
.he mar5ed sachets ,ere immediately
for,arded to the 4#4 Crime Faboratory for eDamination
[%&]
.he re3uest for laboratory eDamination and
transfer of the confiscated sachets to the 4#4 crime laboratory ,as prepared by /4=6 2acadan)dan)
[%']
Upon chemical analysis+ 4olice 0nspector CiroD =mero found the specimens positi-e for
2ethamphetamine "ydrochloride+ other,ise 5no,n asshabu+ a dan)erous dru)
[%G]
/pecimen A (mar5ed as
"AB1) contained $$1&* )rams of shabu+ ,hile /pecimen B (mar5ed as "AB%) contained $$1(& )rams
of shabu
4arenthetically+ the defense raised its ob:ection and 3uestioned the inte)rity of the shabu alle)edly sei9ed
from him only on appeal Eailure to raise this issue durin) trial is fatal to the case of the defense+ as this
Court had succinctly eDplained in People v. ta. !aria7
.he la, eDcuses non-compliance under :ustifiable )rounds "o,e-er+ ,hate-er :ustifiable )rounds may
eDcuse the police officers in-ol-ed in the buy-bust operation in this case from complyin) ,ith /ection %1 ,ill
remain un5no,n+ because appellant did not 3uestion durin) trial the safe5eepin) of the items sei9ed from
him 0ndeed+ the police officers8 alle)ed -iolations of /ections %1 and *' of !epublic Act #o (1'& ,ere not
raised before the trial court but ,ere instead raised for the first time on appeal 0n no instance did appellant
least intimate at the trial court that there ,ere lapses in the safe5eepin) of sei9ed items that affected their
inte)rity and e-identiary -alue =b:ection to e-idence cannot be raised for the first time on appeal> ,hen a
party desires the court to re:ect the e-idence offered+ he must so state in the form of ob:ection <ithout
such ob:ection he cannot raise the 3uestion for the first time on appeal
[%*]
Under the la,+ the ille)al sale of shabu carries ,ith it the penalty of life imprisonment to death and a fine
ran)in) from Ei-e "undred .housand 4esos (4&$$+$$$$$) to .en 2illion 4esos (41$+$$$+$$$$$)+ re)ardless
of the 3uantity and purity of the substance =n the other hand+ the ille)al possession of less than fi-e (&)
)rams of said dan)erous dru) is penali9ed ,ith imprisonment of t,el-e (1%) years and one (1) day to
t,enty (%$) years and a fine ran)in) from .hree "undred .housand 4esos (41$$+$$$$$) to Eour "undred
.housand 4esos (46$$+$$$$$)
!e-ie,in) the penalties imposed by the trial court as affirmed by the Court of Appeals+ ,e find them to be in
order
'HEREFORE+ premises considered+ the instant appeal is DENIED .he Decision of the Court of Appeals in
CA-G! C!-"C #o $%&'1 dated %( Au)ust %$$* ,hich affirmed the decision of the !e)ional .rial Court of
/orso)on+ /orso)on+ Branch &%+ con-ictin) accused-appellant !HRISTOPHER DES"#O y $"EN of
Miolation of /ections &+ Article 00+ !epublic Act #o (1'& in Criminal Case #o %$$1-&(%6+ and for Miolation of
/ection 11+ Article 00+ !epublic Act #o (1'& in Criminal Case #o %$$1-&(%1 is hereby FFIR(ED #o
costs
SO ORDERED.
Corona, C.J., (Chairperson), elasco, Jr., !eonardo De Castro, )*+ Del Castillo, JJ., ,o*,u-.
Endnotes:
[1]
4enned by Associate Austice Aapar B Dimaampao+ ,ith the concurrence of Associate Austices Amelita G
.olentino and /iDto C 2arella+ Ar+ "A rollo+ pp 11G-111
[%]
4enned by Aud)e !aul B De Feon+ 0d pp %(-1%
[1]
S.,/0o* 1. ale, #rading, Administration, $ispensation, $elivery, $istribution and #ransportation of
$angerous $rugs and%or "ontrolled Precursors and &ssential "hemicals. - .he penalty of life imprisonment
to death and a fine ran)in) from Ei-e hundred thousand pesos (4&$$+$$$$$) to .en million pesos
(41$+$$$+$$$$$) shall be imposed upon any person+ ,ho+ unless authori9ed by la,+ shall sell+ trade+
administer+ dispense+ deli-er+ )i-e a,ay to another+ distribute dispatch in transit or transport any dan)erous
dru)+ includin) any and all species of opium poppy re)ardless of the 3uantity and purity in-ol-ed+ or shall
act as a bro5er in any of such transactions D D D
S.,/0o* 11. Possession of $angerous $rugs - .he penalty of life imprisonment to death and a fine ran)in)
from Ei-e hundred thousand pesos (4&$$+$$$$$) to .en million pesos (41$+$$$+$$$$$) shall be imposed
upon any person+ ,ho+ unless authori9ed by la,+ shall possess any dan)erous dru) in the follo,in)
3uantities+ re)ardless of the de)ree of purity thereof7 D D D =ther,ise+ if the 3uantity in-ol-ed is less than
the fore)oin) 3uantities+ the penalties shall be )raduated as follo,s7
(1) 0mprisonment of t,el-e (1%) years and one (1) day to t,enty (%$) years and a fine ran)in) from .hree
hundred thousand pesos (41$$+$$$$$) to Eour hundred thousand pesos (46$$+$$$$$)+ if the 3uantities of
dan)erous dru)s are less than fi-e (&) )rams of opium+ morphine+ heroin+ cocaine or cocaine hydrochloride+
mari:uana resin or mari:uana resin oil+ methamphetamine hydrochloride or ;shabu;+ or other dan)erous
dru)s such as+ but not limited to+ 2D2A or ;ecstasy;+ 42A+ .2A+ F/D+ G"B+ and those similarly desi)ned or
ne,ly introduced dru)s and their deri-ati-es+ ,ithout ha-in) any therapeutic -alue or if the 3uantity
possessed is far beyond therapeutic re3uirements> or less than three hundred (1$$) )rams of mari:uana D D
D
[6]
!ecords+ Mol 1+ p 1
[&]
!ecords+ Mol %+ p 1
[']
!ecords+ Mol 1+ p 1'
[G]
BDhibit ;C+; !ecords+ p 1
[*]
BDhibit ;C+; !ecords+ p '
[(]
CA rollo+ p %(