Case #38 Same; Same; Same; Same; Absent any clear and convincing evidence

that the Narcotics Command (NARCOM) operates had ill or improper motive
FIRST DIVISION to falsely testify against appellants, their testimonies regarding the facts
G.R. No. 188608 February 9, 2011 and circumstances surrounding the buy-bust operation must be accorded
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, full faith and credit.—In recognition of the credibility of these witnesses, the
vs. presumption that police officers have performed their duties in good faith is
RONALDO MORALES y FLORES alias "Ronnie," and RODOLFO FLORES y correctly applied in this case. Appellants failed to adduce any ill or improper
MANGYAN alias "Roding." Defendants-Appellants. motive on the part of the NARCOM operatives. In fact, Roding admitted that it
was his first time to meet them and neither does he have any misunderstanding
Criminal Law; Dangerous Drugs Act; Illegal Sale of Drugs; Elements with them. Absent any clear and convincing evidence that the NARCOM
necessary for the prosecution of illegal sale of drugs; What is material to the operatives had ill or improper motive to falsely testify against appellants, their
prosecution for illegal sale of dangerous drugs is the proof that the testimonies regarding the facts and circumstances surrounding the buy-bust
transaction or sale actually took place coupled with the presentation in operation must be accorded full faith and credit.
court of evidence of corpus delicti.—The elements necessary for the
prosecution of illegal sale of drugs are (1) the identities of the buyer and the Same; Same; Chain of Custody Rule; The failure to immediately mark
seller, the object, and consideration; and (2) the delivery of the thing sold and seized drugs will not automatically impair the integrity of chain of custody
the payment therefor. What is material to the prosecution for illegal sale of as long as the integrity and the evidentiary value of the seized items have
dangerous drugs is the proof that the transaction or sale actually took place, been preserved as these would be utilized in the determination of the guilt
coupled with the presentation in court of evidence of corpus delicti. or innocence of the accused.—In People v. Resurreccion, 603 SCRA 510 (2009),
this Court reiterates that failure to immediately mark seized drugs will not
Same; Same; Same; Evidence; Time and again, the Court has ruled that automatically impair the integrity of chain of custody as long as the integrity
the witnesses’ testimonies need only to corroborate one another on material and the evidentiary value of the seized items have been preserved, as these
details surrounding the actual commission of the crime.—The would be utilized in the determination of the guilt or innocence of the accused.
inconsistencies or contradictions pointed by appellants relating to the time of
surveillance are not material to establish the elements of the crime committed. PEREZ, J.:
They are certainly not sufficient to overturn their conviction. Time and again,
this Court has ruled that the witnesses’ testimonies need only to corroborate On appeal is the Decision1 dated 26 November 2008 of the Court of Appeals in
one another on material details surrounding the actual commission of the crime. CA-G.R. CR-H.C. No. 02844, affirming with modification the Decision2 of the
Regional Trial Court (RTC), Branch 213 of Mandaluyong City in Criminal Case
Same; Same; Same; Witnesses; In cases involving violation of the No. MC-98-746-D-H, finding appellants Ronaldo Morales y Flores (Ronnie) and
Dangerous Drugs Act, appellate courts tend to rely heavily on the trial Rodolfo Flores y Mangyan (Roding) guilty of illegal sale of marijuana.
court’s assessment of the credibility of witnesses.—This Court likewise
sustains the findings of the trial court on the credibility of these prosecution Appellants were charged in an Amended Information dated 9 October 1998,
witnesses. In cases involving violations of the Dangerous Drugs Law, appellate stating as follows:
courts tend to rely heavily on the trial court’s assessment of the credibility of
witnesses, because the latter had the unique opportunity, denied to the
That on or about the 18th day of August, 1998, in the City of Mandaluyong,
appellate courts, to observe the witnesses and to note their demeanor, conduct,
and attitude under direct and cross-examination. Hence, its factual findings are Philippines, and within the jurisdiction of this Honorable Court, the [appellants],
accorded great respect, even finality, absent any showing that certain facts of not having been lawfully authorized to possess or otherwise use any prohibited
drug, conspiring and confederating with each other, with [MORALES] being the
weight and substance bearing on the elements of the crime have been
overlooked, misapprehended, or misapplied. seller and [FLORES] receiver of the purchase money and from whom the said
purchase money was recovered, in the amount of P200, did, then, and there
willfully, unlawfully, feloniously and knowing[ly] sell and deliver and distribute
635.5 grams and 152.8 grams of marijuana fruiting tops with a total weight of
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788.3 grams respectively to PO1 Walter Alano, a police-poseur buyer, which examined the specimens brought to her and she prepared Physical Sciences
were found positive to the test for marijuana fruiting tops, for the amount of Report No. D-2350-98 confirming that the specimens were found positive for
P200, in P100 peso bills with Serial Nos. NR-699933 and LU-631498, a marijuana.13
prohibited drug, without the corresponding license and prescription.3
The defense belied the allegations that there was a buy-bust operation
Appellants entered a not guilty plea upon arraignment. During the pre-trial conducted wherein they were caught red-handed selling marijuana.
conference, the parties stipulated on the identity of the accused; that they were
arrested at Barangay Mauway, Mandaluyong City, and that the arresting officers Roding, a tricycle driver, testified that he went to Calbayog Street in
were PO1 Gilbert Buenafe (PO1 Buenafe) and PO1 Walter Alano (PO1 Alano). 4 Mandaluyong City to see his niece, who happens to be his tricycle operator,
Thereafter, trial ensued. because he wanted to get money to buy spare parts for his tricycle. While he
was waiting for his niece to arrive, he went to the store of Ronnie to buy
The prosecution’s version of the facts is as follow: cigarettes. Suddenly, a group of men who introduced themselves as Narcotics
Command (NARCOM) operatives arrived and asked for Ronnie. Ronnie came
Acting on a tip from an informant that there is rampant selling of illegal drugs in forward and was handcuffed. Roding was also invited to go with the NARCOM
Antipolo Street, Barangay Mauway, Mandaluyong City, the Chief of the Metro operatives for questioning. When Roding refused, he was forced to board a
South Narcotics Office in Taguig ordered a buy-bust operation against vehicle and was brought along to Fort Bonifacio. While inside the vehicle,
appellants on 18 August 1998. The team, headed by SPO2 Dante Rebolado Roding was forced to admit that he was with Ronnie selling prohibited drugs.14
(SP02 Rebolado), was composed of five (5) to six (6) members. PO1 Alano was
the designated poseur-buyer while PO1 Buenafe acted as back-up.5 Two (2) Ronnie stated that while he was manning his store, three (3) cars stopped in
pieces of ₱100.00 peso bills with Serial No. NR-699933 and No. LU-631498 front of the store and around seven (7) NARCOM operatives alighted from the
were prepared, along with 23 cut-out money-sized papers or "boodle money." 6 cars. Ronnie was then frisked and arrested. Some of the NARCOM operatives
The initials "WAA" were marked on the two (2) ₱100.00 peso bills.7 searched his house. It was then at that moment when Roding came by his store
to buy cigarettes. Roding was likewise arrested.15
After the briefing, the team proceeded to 338 Antipolo Street. PO1 Buenafe
positioned himself inside a vehicle, which was parked five (5) meters away from On cross-examination, Ronnie claimed that he knew Roding only two (2) days
the target house.8 PO1 Alano and the informant was approached by a man who before they were arrested or on 16 August 199816 while Roding apparently
identified himself as Roding, and the latter invited them to go inside the house came to know Ronnie as early as November 1997.17
where they were met by Ronnie. The informant then ordered one (1) kilo of
marijuana from Ronnie for ₱3,000.00. Ronnie ordered Roding to get the money In finding appellant guilty, the RTC held that the prosecution clearly established
from PO1 Alano while he went inside a room. A few seconds later, Ronnie went that there was a lawful buy-bust operation conducted by operatives of NARCOM
out of the room and handed PO1 Alano a green transparent plastic bag and the appellants were lawfully arrested upon the consummation of the sale
containing two (2) brown folded envelopes, the contents of which are bricks of transaction of marijuana. The dispositive portion of said decision reads:
dried marijuana. Immediately after verifying the contents as marijuana, PO1
Alano introduced himself as a police officer and arrested Ronnie. 9 Roding was WHEREFORE, foregoing premises considered, this Court finds accused
able to go out of the house but he was later on arrested by PO1 Buenafe, who RONALDO MORALES y FLORES alias "Ronnie" and RODOLFO FLORES y
responded to the scene when he noticed a commotion outside the target MANGYAN alias "Roding" both GUILTY for violation of Section 4, Article II in
house.10 The boodle money was seized from Roding. Appellants were brought to relation to Section 21, Article IV of Republic Act No. 6425, as amended, and both
the South Metro Narcotics District Office in Fort Bonifacio.11 accused RONALDO MORALES y FLORES and RODOLFO FLORES y MANGYAN are
hereby sentenced to suffer the penalty of imprisonment for TWENTY (20)
While at the police station, PO1 Alano placed his initials on each of the brown YEARS AND ONE (1) DAY to FORTY (40) YEARS of reclusion perpetua
envelopes containing the marijuana before bringing it to the Philippine National considering that the death penalty can no longer be imposed in accordance with
Police (PNP) Crime Laboratory.12 Police Senior Inspector Grace Eustaquio Republic Act No. 9346 which abolished the imposition of the death penalty.

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Rule 30. Chain of Custody
The green transparent plastic bag containing two (2) brown folded envelopes briefs.20 Both parties manifested their intention not to file any supplemental
which further contained 635.5 grams and 152.8 grams of marijuana fruiting brief since all the issues and arguments have already been raised in their
tops, respectively, with a total weight of 788.3 grams and the two (2) pieces of respective Briefs.21
P100.00 peso bills one with Serial No. NR699933 x x x and NU631498 x x x, and
the eight (8) pieces of cut-out money-sized papers or "boodle money" x x x and Appellants maintain their innocence while the Office of the Solicitor-General
fifteen (15) pieces of cut-out money-sized papers or "boodle money" x x x are supports their conviction.
hereby forfeited in favor of the government and the same will be disposed of in
accordance with law. The elements necessary for the prosecution of illegal sale of drugs are (1) the
identities of the buyer and the seller, the object, and consideration; and (2) the
Finally, the period of detention of accused Rodolfo Flores y Mangyan at the delivery of the thing sold and the payment therefor. What is material to the
Mandaluyong City Jail is hereby fully credited to his account.18 prosecution for illegal sale of dangerous drugs is the proof that the transaction
or sale actually took place, coupled with the presentation in court of evidence of
On 20 June 2007 appellant appealed to the Court of Appeals via a notice of corpus delicti.22
appeal.19 On 26 November 2008, the Court of Appeals rendered judgment
affirming with modification the RTC's decision in Criminal Case No. MC-98-746- PO1 Alano, who acted as the poseur-buyer, recounted the sale of marijuana
D-H. The Court of Appeals gave weight to the testimony of the poseur-buyer which led to the arrest of appellants, thus:
which revealed material details of the buy-bust operations. In imposing the
penalty of reclusion perpetua and ordering the payment of ₱500,000.00 each as Q: When alias Roding approached your group, what did he tell you if
fine, the Court of Appeals took into consideration that amount of marijuana sold any?
pursuant to Section 4, in relation to Section 20 of Republic Act No. 6425, as A: He said, "pare, tuloy kayo, pinapapasok kayo ni Ronnie."
amended by Republic Act No. 7659 which provides: Q: What was your response to that invitation of alias Ronnie?
A: We entered to their house together with alias Roding and we were
Sec. 4. Sale, Administration, Delivery, Distribution and Transportation of met by alias Ronnie.
Prohibited Drugs. - The penalty of reclusion perpetua to death and a fine from Q: When you met by alias Ronnie, what happened next if any?
five hundred thousand pesos to ten million pesos shall be imposed upon any A: We have short conversation ma’am.
person who, unless authorized by law, shall sell, administer, deliver, give away Q: What was the conversation all about?
to another, distribute, dispatch in transit or transport any prohibited drug, or A: Our confidential informant introduced me to alias Ronnie, he said,
shall act as a broker in any of such transactions. "pare, si Pareng Teng, meron ba tayo jan"?
Q: When the confidential informant introduced you to alias Ronnie,
xxxx what happened next if any?
A: Ronnie said, "ilan?"
Sec. 20. Application of Penalties, Confiscation and Forfeiture of the Proceeds or Q: To whom did he address the question?
instrument of the Crime. — The penalties for offenses under Section 3, 4, 7, 8 A: To us ma’am.
and 9 of Article II and Sections 14, 14-A, 15 and 16 of Article III of this Act shall Q: And what was your reply to that question?
be Applied if the dangerous drugs involved is in any of the following quantities: A: I answered, "one kilo."
Q: One kilo of what?
xxxx A: One kilo of dried marijuana leaves ma’am.
COURT:
Q: Did you tell him one kilo of dried marijuana leaves?
5. 750 grams or more of indian hemp or marijuana; A: I said only one kilo your honor.
FISCAL:
Undaunted, appellant filed a notice of appeal before this Court. On 17 August Q: When you told alias Ronnie, one kilo, what was his reply?
2009, this Court required the parties to simultaneously file their supplemental A: He said, "ang dami."
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Rule 30. Chain of Custody
 Q: And what was your counter reply to that? testimony was corroborated by PO1 Buenafe, who in turn, was able to
A: I said, "magkano ba?" and he said "tatlong libo" eventually recover the marked money from Roding. Upon examination by the
Q: What transpired next after you talked about one kilo of marijuana forensic chemist, it was proven that the green plastic bag bought from
and Three thousand pesos? appellants contains marijuana. Verily, all the elements of the sale of illegal drugs
A: And then, alias Ronnie went inside the room, but before that, he were established.
ordered alias Roding to get the money from me.
Q: Before alias Ronnie entered the room, directed alias Roding to get Appellants zero in on the apparent inconsistencies in the testimonies of PO1
the money from you? Alano and PO1 Buenafe with respect to the time when they conducted the
A: Yes ma’am. surveillance to discredit the prosecution witnesses. PO1 Alano claimed that the
Q: What did you do? surveillance was conducted between 12:00 p.m. to 1:30 p.m., but earlier he
A: I gave the buy-bust money to one alias Roding ma’am. stated that they left the office at 12:00 p.m. and arrived at the target area at 1:30
Q: And what about alias Ronnie, how long did he stay inside the room? p.m. Appellants argue that it would have been impossible for a surveillance to
A: Few minutes only, more or less seconds ma’am. have been conducted considering the statements of these witnesses.24
Q: When alias Ronnie went out of the room, what happened next if any?
A: He handed to me the transparent plastic bag containing two (2) The inconsistencies or contradictions pointed by appellants relating to the time
folded envelopes. of surveillance are not material to establish the elements of the crime
Q: What is the color of that plastic bag? committed. They are certainly not sufficient to overturn their conviction. Time
A: Transparent green plastic bag ma’am. and again, this Court has ruled that the witnesses' testimonies need only to
Q: How about the envelopes? corroborate one another on material details surrounding the actual commission
A: Two (2) brown envelopes ma’am. of the crime.25
xxxx
FISCAL:
Q: May I go back to that matter, Mr. Witness, you handed the 3000 This Court likewise sustains the findings of the trial court on the credibility of
pesos to alias Roding? these prosecution witnesses. In cases involving violations of the Dangerous
A: Yes ma’am. Drugs Law, appellate courts tend to rely heavily on the trial court’s assessment
Q: and this transparent plastic bag containing two (2) brown envelopes of the credibility of witnesses, because the latter had the unique opportunity,
of dried marijuana leaves were handed to you by alias Ronnie? denied to the appellate courts, to observe the witnesses and to note their
A: Yes ma’am. demeanor, conduct, and attitude under direct and cross-examination. Hence, its
Q: On that particular point, what did you do? factual findings are accorded great respect, even finality, absent any showing
A: Alias Ronnie handed to me the plastic bag containing two brown that certain facts of weight and substance bearing on the elements of the crime
envelopes and I opened it and I found dried marijuana leaves in it. have been overlooked, misapprehended, or misapplied.26
Q: What did you do with the items?
A: I smell it ma’am. In recognition of the credibility of these witnesses, the presumption that police
Q: And what else if any did you do? officers have performed their duties in good faith is correctly applied in this
A: Afterwhich I identified myself as police officer. I introduced myself to case. Appellants failed to adduce any ill or improper motive on the part of the
alias Ronnie and alias Roding ma’am. NARCOM operatives. In fact, Roding admitted that it was his first time to meet
Q: What did you tell them if any? them and neither does he have any misunderstanding with them.27 Absent any
clear and convincing evidence that the NARCOM operatives had ill or improper
A: That I am affecting the arrest on alias Ronnie and apprised them of motive to falsely testify against appellants, their testimonies regarding the facts
their constitutional rights.23 and circumstances surrounding the buy-bust operation must be accorded full
faith and credit.28
From his testimony, it can be culled that PO1 Alano gave ₱3,000.00 to Roding in
exchange for the green plastic sachet handed to PO1 Alano by Ronnie. His
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Rule 30. Chain of Custody
Appellants also assert that the police officers failed to establish the chain of WHEREFORE, the Decision dated 26 September 2008 of the Court of Appeals in
custody of the marijuana, considering that PO1 Alano categorically admitted CA G.R. CR-H.C. No. 02844 finding appellants Ronaldo Morales y Flores (Ronnie)
that the marijuana was only marked at their office.291avvphi1 and Rodolfo Flores y Mangyan (Roding) GUILTY beyond reasonable doubt of the
crime charged in Criminal Case No. MC-98-746-D-H, for violation of Section 4,
In People v. Resurreccion,30 this Court reiterates that failure to immediately Article II in relation to Section 21, Article IV of Republic Act No. 6425, as
mark seized drugs will not automatically impair the integrity of chain of custody amended, is AFFIRMED.
as long as the integrity and the evidentiary value of the seized items have been
preserved, as these would be utilized in the determination of the guilt or SO ORDERED.
innocence of the accused.31
JOSE PORTUGAL PEREZ
PO1 Alano accounted for the crucial links in the chain of custody of the Associate Justice
marijuana. It can be recalled that the green plastic bag containing marijuana
placed inside two (2) envelopes was handed to him by Ronnie. After arresting
appellants, PO1 Alano and the rest of the NARCOM operatives immediately
brought appellants and the seized marijuana to Fort Bonifacio. 32 Upon reaching
the camp, PO1 Alano placed his initials on each envelope and turned them over
to P/Supt. Pepito Dumantay (P/Supt. Dumantay). Together with PO1 Buenafe
and P/Supt Dumantay, PO1 Alano brought the marijuana to the PNP Crime
Laboratory.33 The forensic chemist examined the very same specimen brought
to her, and in her findings, she confirmed it to be positive for marijuana.

The prosecution indeed sufficiently proved that that the chain of custody of the
marijuana was never broken from the time PO1 Alano received the marijuana
from Ronnie up to the moment it was presented in court as evidence.

We quote with approval the ruling of the appellate court in this matter:

As borne out by the extant evidence, after the conclusion of the entrapment
operation, the buy-bust team, together with appellants, proceeded to their
headquarters at Fort Bonifacio. Thereat, PO1 Alano marked with his initials the
two (2) brown envelopes containing the marijuana and then turned over
custody of the same to the Chief of their unit, P.Supt. Pepito Dumantay. The
latter in turn prepared a request for laboratory examination thereof, describing
them in the request as " . . . two (2) folden brown envelopes, each containign
suspected dried marijuana flowering tops, marked WAA/8/18/98." The
qualitative examination of the specimen conducted by forensic chemist S/Insp.
Grace M. Eustaquio yielded positive results for marijuana.34

All told, the prosecution has proven beyond reasonable doubt that appellants
were caught in flagrante delicto selling marijuana.

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