G.R. No. 242214; June 23, 2021.
Alfredo was charged with violation of Sections 5 and 11 of RA 9165 for selling and delivering two (2) heat scaled transparent plastic sachets containing shabu to P03 Bersola, who posed as a buyer. In defense, Casem denied the allegations and provided that he was framed up.
The RTC, in its Decision, found Alfredo guilty beyond reasonable doubt of the offenses charged. The RTC ruled that the prosecution was able to establish all the elements of both crimes. It further ruled that the requirements of Section 21 of RA 9165 have likewise been complied with by the arresting officers in both cases and that the chain of custody was unbroken. The CA affirmed the trial court’s Joint Decision.
Whether Alfredo is guilty beyond reasonable doubt of violation of Sections 5 and 11, of RA No. 9165.
Yes, In the prosecution of drug cases, it is of paramount importance that the integrity and evidentiary value of the corpus delicti is preserved.
P02 Bersola personally marked the two (2) plastic sachets with white crystalline substance that Alfredo handed over to him, at the place where the sale was consummated. Moreover, the marking of seized items was made in the presence of a barangay official and a DOJ representative, and the appellant himself. He likewise conducted onsite inventory in the presence of the same witnesses while photographs of the inventory were taken by P03 Bautista. Furthermore, P02 Bersola was the one who personally took custody and control of the seized drugs which were immediately submitted for laboratory examination. Upon receipt from the crime laboratory, PSI Navarro prepared the chemistry report on his findings, which yielded positive results for the presence of methamphetamine hydrochloride. Thereafter, the seized items were produced and presented by PST Navarro in court. Thus, the prosecution had sufficiently established an unbroken chain of custody as laid down under Section 21 of RA 9165.
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