Philippine Supreme Court Resolutions


Philippine Supreme Court Resolutions > Year 2012 > June 2012 Resolutions > [G.R. No. 192817 : June 27, 2012] PEOPLE OF THE PHILIPPINES v. ANGELITO MALABANAN Y ANAHAN :




SECOND DIVISION

[G.R. No. 192817 : June 27, 2012]

PEOPLE OF THE PHILIPPINES v. ANGELITO MALABANAN Y ANAHAN

Sirs/Mesdames:

Please take notice that the Court, Second Division, issued a Resolution dated 27 June 2012 which reads as follows:cralaw

G.R. No. 192817 (People of the Philippines v. Angelito Malabanan y Anahan). � Before this Court is an automatic review of the Court of Appeals (CA) 29 December 2009 Decision in CA-G.R. CR-HC No. 03085.[1] 

The RTC Ruling 

In its 17 September 2007 Decision,[2] the Regional Trial Court (RTC) convicted accused-appellant of violating Section 5, Article II of Republic Act No. (R.A.) 9165, or the Comprehensive Dangerous Drugs Act of 2002. Accused-appellant was allegedly arrested in flagrante delicto while selling a plastic sachet of shabu. The RTC found that, based on the evidence presented, the following elements of illegal sale of dangerous drugs were established: (1) the shabu was delivered and sold by accused-appellant to the police officer designated as the poseur-buyer; (2) the object of the sale was 0.06 gram of shabu  valued at P100; and (3) the buyer was Senior Police Officer 4 (SPO4) Jaime Armenta and the seller was accused-appellant Angelito Malabanan. The RTC further ruled that the testimony of the arresting officer deserved faith and credence. The integrity of the chain of custody of the seized drugs was also upheld by the trial court. Accused-appellant was then sentenced to suffer the penalty of life imprisonment and to pay a fine of P500,000.

The CA Ruling 

On intermediate appellate review, the ruling of the RTC was affirmed. The CA ruled that the positive testimonies of the police officers, coupled with the stipulations of the investigator and the forensic chemist, clearly established the elements of illegal sale of dangerous drugs. Moreover, the chain of custody of the subject drugs was not shown to have been broken.

We now rule on the case on final review.

Our Ruling 

We deny the Petition.

After a careful review of the records of the case, we see no reason to reverse or modify the findings of the RTC, less so in the present case when the said findings were affirmed by the CA.

Accused-appellant attacks the claimed observance of the chain of custody rule. He claims that the prosecution did not prove how the specimens were delivered to the forensic chemist. In addition, he faults the arresting officers for failing to: (1) immediately mark the plastic sachet at the time of the arrest; (2) conduct a physical inventory; and (3) take photos of the confiscated items.

To sustain a conviction for the illegal sale of dangerous drugs, the corpus delicti referring to the narcotic substance itself[3] must be established with moral certainty.[4] It is thus necessary to observe the chain of custody rule, which requires the presentation of the following links, especially in a buy-bust situation: first, the seizure and marking, if practicable, of the illegal drug recovered from the accused-appellant by the apprehending officer; second, the turnover to the investigating officer of the illegal drug seized by the apprehending officer; third, the turnover by the investigating officer of the illegal drug to the forensic chemist for laboratory examination; and fourth, the turnover and submission to the court of the marked illegal drug seized from the forensic chemist.[5] 

In this case, accused-appellant disputes the existence of the third requirement. He stresses that there is an apparent gap in the chain, because there appears to be no evidence to identify the person from whom the forensic chemist received the specimen for examination. In addressing this factual question, albeit generally beyond this Court's jurisdiction,[6] we quote from the records the following facts already stipulated upon by the parties:[7]  

That P/Insp. Roberto A. Razon was the one who personally delivered the Request for Laboratory Examination and the specimens subject matter of these cases to the PNP-Central Police District Crime Laboratory Office; (Emphasis supplied.)

Moreover, accused-appellant's assertion is belied by the documentary evidence admitted by the trial court referring to the annotation made in the Request for Laboratory Examination:[8]

 CHEMISTRY SECTION
CASE No. D-386-2004
TIME & DATE REC'D: 0910H 18 Apr 04
DELIVERED BY: PI RAZON
RECEIVED BY: NUP JABONILLO

Thus, both the documentary evidence admitted by the courts a quo and the above stipulation constituting a judicial admission[9] directly disprove accused-appellant's claim that the link between the handling of the marked plastic sachets by the police officers and that by the forensic chemist was unaccounted for.

With respect to the issue of marking, even if the plastic sachets were marked only at the police station, and not at the time of the arrest of the accused-appellant, this Court has recognized that the marking of the seized items upon immediate confiscation even contemplates marking at the nearest police station or office of the apprehending team.[10] The reason behind this stance is that we are not always looking for a strict step-by-step adherence to the procedural requirements. What is important is to ensure the preservation of the integrity and the evidentiary value of the seized items in order to determine the guilt or innocence of the accused- appellant.[11]

Finally, on the lack of photographs and physical inventory, the facts indeed show that the police officers reneged on complying with the requirements. However, this Court has previously held that the lack of these requirements is not fatal.[12]  It does not even make the seized items inadmissible; at most, only the issue of weight or probative value is affected.[13] But given the overwhelming evidence of the prosecution showing before the courts a quo an intact buy-bust operation and a secure post-handling of the confiscated items, the irregularities raised by the accused-appellant do not justify an acquittal. If we were to hold otherwise, the very law that seeks to curb illicit drug activities would be unduly crippled by scrupulous nitpicking. cralaw

WHEREFORE, the 29 December 2009 Decision of the Court of Appeals in C.A.-G.R. CR-HC No. 03085 is hereby AFFIRMED.

Very truly yours, 

(Sgd.) TERESITA AQUINO TUAZON
Deputy Division Clerk of Court

Endnotes:


[1] Penned by Associate Justice Fernanda Lampas Peralta, with Associate Justices Conrado M. Vasquez, Jr. and Stephen C. Cruz concurring.

[2] Penned by Judge Henri Jean-Paul B. Inting; docketed as Crim. Case Nos. Q-04-126524 to Q-04-126525. 

[3] People v. Suan, G.R. No. 184546, 22 February 2010, 613 SCRA 366. 

[4] People v. Honrado, G.R. No. 182197, 27 February 2012. 

[5] People v. Arriola, G.R. No. 187736, 8 February 2012, citing People v. Kamad, 610 SCRA 295 (2010). 

[6] People v. Azarraga, G.R. Nos. 187117 and 1871127, 12 October 2011. 

[7] RTC Order dated 8 February 2006, records, p. 65. 

[8] Records, p. 111. 

[9] People v. Bodoso, G.R. No. 188129, 5 July 2010, 623 SCRA 580. 

[10] Id; Imson v. People, G.R. No. 193003, 13 July 2011, 653 SCRA 826; People v. Unisa, G.R. No. 185721, 28 September 2011, 658 SCRA 305. 

[11] People v. Domado, G.R. No. 172971, 16 June 20l0, 621 SCRA 73. 

[12] People v. Campos, G.R.No. 186526, 25 August 2010, 629 SCRA 462. 

[13] People v. Cardenas, G.R. No. 190342, 2l March 2012, citing Zalameda v. People, 598 SCRA 537 (2009), which in turn cited People v. Del Monte, 552 SCRA. 627 (2008).




Back to Home | Back to Main


chanrobles.com





ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com

ChanRobles MCLE On-line

ChanRobles Lawnet Inc. - ChanRobles MCLE On-line : www.chanroblesmcleonline.com






June-2012 Jurisprudence                 

  • [A.C. No. 7565 : June 13, 2012] MILA C. ARCHE v. ATTY. SOFRONIO CLAVECILLA, JR.

  • [G.R. No. 195193 : June 13, 2012] THE PEOPLE OF THE PHILIPPINES, APPELLEE, VERSUS JUANITO METRE, JR. A.K.A. "LUCIO", APPELLANT.

  • [G.R. No. 190316 : June 13, 2012] THE PEOPLE OF THE PHILIPPINES, APPELLEE, VERSUS ZALDY C. RAFER @ SALVADOR RAFER, APPELLANT.

  • [G.R. No. 195427 : June 13, 2012] PEOPLE OF THE PHILIPPINES, PLAINTIFF APPELLEE, VERSUS REMEDIOS CAPULE Y MADAYAG, ACCUSED-APPELLANT.

  • [G.R. No. 181427 : June 13, 2012] JOMIL ENTERPRISES, INC. v. SPOUSES GLORIA AND JULIAN C. CARGULLO

  • [G.R. No. 171243 : June 13, 2012] SPOUSES ISAGANI CASTRO AND DIOSDADA CASTRO v. CONCORDIA BARTOLOME AND VICTORIA BARTOLOME

  • [G.R. No. 195775 : June 13, 2012] PEOPLE OF THE PHILIPPINES v. MARITES ROBLES Y LARIOS

  • [G.R. No. 195526 : June 13, 2012] PEOPLE OF THE PHILIPPINES v. ROLANDO ALBURO AND MICHAEL CARVAJAL ACCUSED; ROLANDO ALBURO, ACCUSED-APPELLANT.

  • [G.R. No. 199206 : June 13, 2012] PEOPLE OF THE PHILIPPINES v. OMAR WANDAY Y AMPASO

  • [G.R. No. 192548 : June 13, 2012] ANTONIO T. CHU v. SPOUSES ALFRED & LAUREANA ESTOE, FELIX GRAVIDEZ, ALFREDO GRAVIDEZ, ANGELO VIOLENA, ARACELI SORIA AND FRANCISCO CALONGE

  • [G.R. No. 175228 : June 13, 2012] ALFREDO M. ABIERTAS v. JOSE C. LATORRE

  • [G.R. No. 172899 : June 13, 2012] NATIONAL POWER CORPORATION v. HEIRS OF ZACARIAS ALICANDO, REPRESENTED BY BERNARDINA ALICANDO, ADMINISTRATOR

  • [A.M. No. P-10-2870 (Formerly OCA I.P.I. No. 09-3235-P) : June 13, 2012] PRESTIDIO HAIR SALON CO., REPRESENTED BY MARITA L. ESTABALAYA v. EFREN P. LUNA, SHERIFF III, METROPOLITAN TRIAL COURT, BRANCH 37, QUEZON CITY.

  • [A.M. No. RTJ-12-2315 (Formerly OCA I.P.I. No. 09-3309-RTJ) : June 13, 2012] ALAN F. PAGUIA v. JUDGE LEOPOLDO MARIO P. LEGAZPI, PRESIDING JUDGE, ALEXANDER A. RIVERA, CLERK OF COURT, AND MA. THERESA V. RODRIGUEZ, ALL OF THE REGIONAL TRIAL COURT, BRANCH 49, PUERTO PRINCESA CITY.

  • [G.R. No. 199398 : June 13, 2012] PEOPLE OF THE PHILIPPINES v. GEORGE VELO Y BALBAS

  • [G.R. No. 199220 : June 13, 2012] PEOPLE OF THE PHILIPPINES v. ISMAIL DALAMBAN MAGDATU

  • [G.R. No. 175016 : June 13, 2012] BANCO DE ORO UNIVERSAL BANK v. COMMISSIONER OF INTERNAL REVENUE

  • [G.R. No. 189103 : June 13, 2012] PRIMITIVO R. DOMINGO, JR., TERESA D. SANDERS, DANILO R. DOMINGO, IRENEO R. DOMINGO, ROSARIO DOMINGO-LACSON, LORETA DOMINGO-PANIS, MARY ANN R. DOMINGO, AMADOR R. DOMINGO, LYDIA T. DOMINGO, MICHELLE D. DETITA, SERGIO T. DOMINGO, JR. AND JENNILYN T. DOMINGO v. ARNULFO MANZON, AMELIA MANZON-PANGANIBAN, ORLANDO MANZON, ADORACION MANZON-PESTANO, MILAGROS MANZON-TOLENTINO, RIZALINA MANZON-MARZAN, QUIRINO MANZON, FELICISIMA MANZON-SANTIAGO AND BENITA MANZON-TINIO

  • [G.R. No. 181609 : June 13, 2012] ASIAN TERMINALS, INC. v. PHILAM INSURANCE CO., INC.

  • [G.R. No. 201412 : June 13, 2012] HENRY DEMANDACO v. FRAILENE A. DEMANDACO AND MELBA D. LEGASA

  • [G.R. No. 181609 : June 13, 2012] ASIAN TERMINALS, INC. v. PHILAM INSURANCE CO., INC.

  • [G.R. No. 201412 : June 13, 2012] HENRY DEMANDACO v. FRAILENE A. DEMANDACO AND MELBA D. LEGASA

  • [G.R. No. 198790 : June 13, 2012] PEOPLE OF THE PHILIPPINES v. JONIE ORCALES Y LANAGA

  • [G.R. No. 166461 : June 13, 2012] HEIRS OF LORENZO AND CARMEN VIDAD AND AGVID CONSTRUCTION CO., INC. v. LAND BANK OF THE PHILIPPINES

  • [G.R. No. 188850 : June 13, 2012] PEOPLE OF THE PHILIPPINES v. JUANITO MONTES Y CABONILAS

  • [G.R. No. 182524 : June 13, 2012] PEOPLE OF THE PHILIPPINES v. ALFREDO PINEDA Y BORJA

  • [G.R. No. 196008 : June 13, 2012] PEOPLE OF THE PHILIPPINES v. MOHAMAD IBRAHIM Y MALIGA

  • [G.R. No. 194462 : June 13, 2012] PEOPLE OF THE PHILIPPINES v. GILFREDO FAUSTINO Y MENDOZA

  • [G.R. No. 198017 : June 13, 2012] PEOPLE OF THE PHILIPPINES v. EMMANUEL RAMOS Y CARBONEL ALIAS "ENGOL"

  • [G.R. No. 199101 : June 13, 2012] MA. REGINA DELARMA v. COURT OF APPEALS, SPOUSES MERLYN S. UY AND GOHOC P. UY

  • [G.R. No. 189947 : June 13, 2012] MANILA PAVILION HOTEL, OWNED AND OPERATED BY ACESITE (PHILS.) HOTEL CORPORATION V. HENRY DELADA

  • [G.R. No. 200569 : June 13, 2012] PACIFICO MENDIGO Y GALLENO, PETITIONER, v. PEOPLE OF THE PHILIPPINES, RESPONDENT.

  • [G.R. No. 199068 : June 13, 2012] LAUREANA P. BORRES v. SISTER ANGELINA M. FERNANDO

  • [G.R. No. 194070 : June 18, 2012] PEOPLE OF THE PHILIPPINES v. BENJAMIN GALICIA Y ROBLAS

  • [G.R. No. 188726 : June 18, 2012] CRESENCIO C. MILLA v. THE PEOPLE OF THE PHILIPPINES AND MARKET PURSUITS, INC. REPRESENTED BY CARLO V. LOPEZ.

  • [G.R. No. 192085 : June 18, 2012] CARIDAD SEGARRA SAZON v. LETECIA VASQUEZ-MENANCIO, REPRESENTED BY ATTORNEY-IN-FACT EDGAR S. SEGARRA.

  • [UDK-14595 : June 18, 2012] LOLITO BORJA v. PEOPLE OF THE PHILIPPINES AND ELIZABETH L. URBANO.

  • [G.R. No. 196971 : June 18, 2012] PEOPLE OF THE PHILIPPINES v. LOURDES AGAPOR Y AZUELA, A.K.A. "ODETTE".

  • [G.R. No. 196985 : June 18, 2012] ALEXANDER G. CASTRO, PETITIONER, VERSUS GOVERNMENT SERVICE INSURANCE SYSTEM (GSIS) AND HONORABLE ROBERT VERGARA, IN HIS CAPACITY AS PRESIDENT AND GENERAL MANAGER OF GSIS, RESPONDENTS.

  • [G.R. No. 201183 : June 18, 2012] PEOPLE OF THE PHILIPPINES v. MARIANO BERSABE

  • [A.C. No. 8178 : June 18, 2012] NAPOLEON CHIU v. ATTY. ALAN A. LEYNES

  • [A.M. No. 11-8-151-RTC : June 19, 2012] RE: BURNING OF THE HALL OF JUSTICE, IPIL, ZAMBOANGA SIBUGAY

  • [A.M. No. 14265-Ret. : June 19, 2012] RE: SURVIVORSHIP PENSION BENEFITS UNDER REPUBLIC ACT NO. 9946 OF JUDGE ERNESTO D. MERCADO, RTC, BRANCH 3, BATANGAS CITY; JUDGE SIMON D. ENCINAS, RTC, BRANCH 51, SORSOGON CITY; JUDGE PORFIRIO A. PARIAN, RTC, BRANCH 33, ILOILO CITY; JUDGE SANTIAGO F. BAUTISTA, JR., MTCC, SAN JOSE CITY, NUEVA ECIJA; AND JUDGE PEDRO R. SUYAT, MCTC, NATIVIDAD, PANGASINAN

  • [A.M. No. P-04-1924 : June 19, 2012] OFFICE OF THE COURT ADMINISTRATOR VS. JUSTAFINA HOPE T. LAYA, ET AL; FLAVIANO D. BALGOS, JR., ET AL. VS. JUSTAFINA HOPE T. LAYA, ET AL.

  • [A.M. No. 14297- Ret. : June 19, 2012] RE: APPLICATION FOR SURVIVORSHIP PENSION BENEFITS PURSUANT TO REPUBLIC ACT NO. 9946 OF MRS. NORA L. HERRERA, SURVIVING SPOUSE OF THE LATE HON. MANUEL C. HERRERA, FORMER ASSOCIATE JUSTICE OF THE COURT OF APPEALS

  • [A.C. No. 3375 : June 20, 2012] FEDENCIO BALICOLON v. ATTY. LAWRENCE CORDOVA

  • [G.R. No. 170046 : June 20, 2012] PEOPLE OF THE PHILIPPINES v. MAXIMO A. BORJE, JR., ET AL.

  • [A.C. No. 6998 : June 20, 2012] CLARITA O. SANTIANO v. ATTY. TEODULO PUNZALAN.

  • [G.R. No. 192904 : June 20, 2012] ELADIA LIMBO v. ELIZABETH MYRNA AGRIPA-MANEGDEG, IN HER CAPACITY AS SURVIVING HEIR AND AS SUBSTITUTE FOR DECEASED SPS. MARCELO AGRIPA AND LYDIA AGRIPA.

  • [G.R. No. 201560 : June 20, 2012] DR. JOSE CESAR CABRERA v. AMECO CONTRACTORS RENTAL, INC.

  • [G.R. No. 200939 : June 25, 2012] SPOUSES CARMELO, JR. AND ELIZABETH AFRICA, PETITIONERS, VERSUS BANK OF COMMERCE, THE PURPORTED TRANSFEREE OF TRADERS ROYAL BANK, RESPONDENT.

  • [A.C. No. 6332 : June 26, 2012] RE: SUPREME COURT RESOLUTION DATED APRIL 28, 2003 IN G.R. NO. 145817 AND G.R. NO. 145822 (ATTY. MAGDALENO M. PEÑA, RESPONDENT)

  • [G.R. No. 139472 : June 26, 2012] PEOPLE OF THE PHILIPPINES VS. DELFIN S. RODRIGO

  • [A.M. No. 12-6-110-RTC : June 26, 2012] RE: REQUEST OF CLERK OF COURT CLARENCE G. CHERREGUINE, RTC, BRANCH 42, BALANGIGA, EASTERN SAMAR, TO APPEAR AS COUNSEL FOR HIS FATHER

  • [A.M. No. 12-5-89-RTC : June 26, 2012] RE: QUERY OF EXECUTIVE JUDGE JOCELYN SUNDIANG DILIG, RTC, PUERTO PRINCESA CITY, AS TO WHO MAY RESOLVE THE PETITION FOR RENEWAL OF THE NOTARIAL COMMISSION OF ATTY. CONRADO B. LAGMAN AND THE OPPOSITION THERETO

  • [G.R. No. 196530 : June 27, 2012] PEOPLE OF THE PHILIPPINES v. LUISITO TULANG Y LLANITA, A.K.A "LOUIE"

  • [G.R. No. 175779 : June 27, 2012] PEOPLE OF THE PHILIPPINES v. VIRGINIA MENDOZA Y ARBO @ CRIS

  • [G.R. No. 181323 : June 27, 2012] LILIAN MANTO AND EMMANUEL FAUSTINA v. PEOPLE OF THE PHILIPPINES

  • [G.R. No. 199493 : June 27, 2012] PEOPLE OF THE PHILIPPINES v. HERMIE ASPACIO Y MAYOLA

  • [G.R. No. 196490 : June 27, 2012] LEONARDO IGOT v. BANCO SAN JUAN

  • [G.R. No. 188778 : June 27, 2012] ANTONIO HERMANO v. OCTAVIO ALVAREZ, JR., LEONORA CASTRO-BATAC, GILBERTO C. CASTRO, JR., MANUEL C. CASTRO, CONSUELO CASTRO-CASTRO, JAKE CASTRO, MA. ELISA CASTRO-VILLANUEVA AND ROSELINO CASTRO

  • [G.R. No. 192817 : June 27, 2012] PEOPLE OF THE PHILIPPINES v. ANGELITO MALABANAN Y ANAHAN

  • [G.R. No. 185165 : June 27, 2012] PEOPLE OF THE PHILIPPINES v. JOSE MACAWILI Y PALLER.

  • [G.R. No. 182210 : June 27, 2012] PAZ T. BERNARDO v. PEOPLE OF THE PHILIPPINES.

  • [G.R. No. 179902 : June 27, 2012] METROPOLITAN BANK & TRUST COMPANY v. RODOLFO PASCUAL, SR. & RODOLFO PASCUAL, JR.

  • [A.M. No. MTJ-07-1687 (Formerly OCA I.P.I. No. 99-830-MTJ) : June 27, 2012] DOMINGO B. PANTIG v. JUDGE PASCUALA CLEOFE G. CANLAS, MUNICIPAL TRIAL COURT [MTC], SASMUAN, PAMPANGA.