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PHILIPPINE SUPREME
COURT
DECISIONS
PEOPLE OF THE
PHILIPPINES,
G.R.
Nos.
146107-09
-versus- ROLANDO ALMEIDA Y
CALVIN ALIAS TATA ROLLY,
D E C I S I O N
On August 13, 1999, three separate Informations were filed against appellant Rolando Almeida y Calvin alias Tata Rolly, before the Regional Trial Court of San Pedro, Laguna,[1] as follows:chanroblesvirtuallawlibrarychanrobles virtuallaw libraryred
SPO4 Carlito Candelaria (Carlito)[2] is a member of the San Pedro Police Station Intelligence Unit. On July 1, 1999, at about 10:50 p.m., he and four other policemen, SPO4 Teofilo Royena (Teofilo), PO3 Ricardo Umayan (Ricardo), PO3 Victor Vivero (Vivero) and SPO4 Bonifacio Deroca (Deroca) were in Pulong Kendi, San Pedro, Laguna to conduct a buy-bust operation against appellant, who was reportedly peddling shabu. Accompanying them was a civilian asset who was to act as the poseur-buyer and was given P4,500 for that purpose.chanrobles virtuallaw libraryred The alleged sale transpired outside the house of Vanessa Padua (Vanessa), by the steel gate of the house. Vanessa was reportedly appellant's live-in partner. From a distance of 4 meters, Carlito claimed to have seen the exchange of the shabu and money between appellant and the civilian asset. Upon seeing the consummation of the sale, he and the civilian asset executed their respective prearranged signals, which were for Carlito to put his hand inside his back pocket and the civilian asset to scratch his back.chanrobles virtuallaw libraryred Police officers Teofilo, Ricardo, Vivero and Deroca then arrived and "stealthily rushed" into the house as appellant had already entered the house and went upstairs. Carlito stayed by the steel gate to make sure that no one leaves or escapes.chanrobles virtuallaw libraryred After the lapse of about 25 minutes, the police returned and brought out a stainless steel canister, some cash, a plastic bag containing shabu and ammunitions for .38, .45 and .22 caliber firearms. Inside the canister were more cash and shabu, a weighing scale, a brown envelope and some unused plastic ice bags.cralaw:red Teofilo, 3 Chief of the Intelligence Section/Unit, testified that he received information that appellant, who was already arrested twice for drug pushing, had again resumed his operations. Thus, Teofilo decided to form a buy-bust team, composed of himself, Ricardo, Vivero, Deroca and Carlito, to entrap appellant. He also utilized the services of a civilian asset to act as the poseur-buyer.chanrobles virtuallaw libraryred On July 1, 1999, at around 10:50 p.m. the buy-bust team went to the house of Vanessa, where appellant was reportedly staying. The civilian asset and Carlito went to the front of the house, while Ricardo, Vivero, Deroca took their positions some 7 meters away from them. The civilian asset then called to appellant who promptly came out. Thereafter, from his position, Teofilo witnessed the civilian asset and appellant engage in a brief conversation and then subsequently exchange shabu and money.chanrobles virtuallaw libraryred Immediately after the sale took place, appellant went inside and proceeded to the second floor of the house. Thereafter, Teofilo and the other policemen approached Carlito and the civilian asset. Teofilo first took from the civilian asset the shabu received from appellant before he and Ricardo went inside the house.chanrobles virtuallaw libraryred Upon reaching the second floor, Teofilo saw appellant repacking shabu while seated on the floor. The police also found another person, who was later identified as Gilbert Chico (Gilbert), sniffing shabu. Vanessa was also there. On the second floor, the police found 34 small plastic sachets containing shabu, one big plastic bag containing more shabu, a canister, several ammunitions of different calibers, cash worth P2,800 in different denominations and[3] plastic bags containing shabu residue. The police also recovered the P4,500 bills used in the buy-bust operation. Appellant was then arrested and brought to the police station.chanrobles virtuallaw libraryred Lorna Tria (Tria),[4] Philippine National Police forensic chemical officer, testified that she received a request for a laboratory examination on 157.332 grams of white crystalline substance contained in 34 heat-sealed transparent sachets, 42.871 grams of white crystalline substance contained in one plastic bag and three plastic bags containing traces of white crystalline substance. She also received a second request for a laboratory examination of one heat-sealed transparent plastic bag with white crystalline substance weighing 4.810 grams.chanrobles virtuallaw libraryred After conducting the necessary tests, all the substances came out positive for methamphetamine hydrochloride.chanrobles virtuallaw libraryred Ricardo,[5] testified that prior to the alleged buy-bust, he already knew appellant whom they arrested twice in September and October 1998 for violation of the Dangerous Drugs Law. Having received information that appellant was again engaged in the sale of shabu, he, Teofilo, Carlito, Deroca, Vivero and a civilian asset, went to Barangay Cuyab on July 1, 1999 to conduct a buy-bust operation against appellant.chanrobles virtuallaw libraryred Upon reaching Barangay Cuyab, Carlito and the civilian asset separated from the group and went to the front of the house where appellant was staying. The rest of the team members positioned themselves some 7 meters away. Ricardo claimed he saw the civilian asset hand money over to appellant who, in turn, gave a plastic sachet. Ricardo then saw Carlito execute the prearranged signal and the team moved towards Carlito and the civilian asset. The police failed to apprehend appellant who, after the transaction, immediately went inside the house and ascended to the second floor.chanrobles virtuallaw libraryred Ricardo, Teofilo, Vivero and Deroca entered the house and followed appellant upstairs where they found him sitting on the floor. Beside appellant were plastic sachets packed with shabu, and a canister storing different kinds of ammunition, money, plastic bag containing shabu and a spoon, weighing scale and several unused plastic sachets. Also in the room were Gilbert, sniffing shabu, and Vanessa. Vanessa would later telephone a certain lawyer who spoke to Ricardo. The police collected the items on the floor and brought appellant and Gilbert to the police station.chanrobles virtuallaw libraryred The Defense's Evidence Appellant[6] testified that in the evening of July 1, 1999, he was visiting his girlfriend, Vanessa, at her house on 34 V. Veragra St., Cuyab, San Pedro, Laguna. Also with them was Gilbert. All three were on the second floor when they heard a loud sound coming from downstairs. As Vanessa was going down to have a look, she was met by two armed men in civilian attire. The men were later identified as policemen Teofilo and Ricardo. Immediately, Vanessa confronted Teofilo and Ricardo, and asked them what they wanted. The police ignored her and began to search the premises.chanrobles virtuallaw libraryred Vanessa's father, Cesar Padua (Cesar), who was just downstairs, went up and demanded that the police leave. The policemen, nevertheless, continued their search. Eventually, the policemen got hold of a foot-long brown paper bag and a stainless steel box from a cabinet. Appellant saw that Cesar attempted to get back the envelope, however Ricardo pointed a gun at him. Appellant, Vanessa and Gilbert were then brought to the police station.chanrobles virtuallaw libraryred Vanessa[7] declared that on July 1, 1999, at 10:50 p.m., she was in her house at the second floor, talking to appellant and Gilbert, while her parents were downstairs watching television. Everything was normal until she heard a loud sound coming from their iron gate. This prompted her to go down to have a look. As she was about to go down, she was met by Teofilo and Ricardo who were wearing caps and armed with guns.chanrobles virtuallaw libraryred Teofilo and Ricardo introduced themselves as police officers and began to search the area. Vanessa asked to see a search warrant but the police failed to produce any. When her father, Cesar, went up and protested their search, Ricardo poked a gun at him. Vanessa then called her lawyer, Atty. Macapagal, through the telephone. Atty. Macapagal was able talk to Ricardo but nothing came out of it. Teofilo and Ricardo confiscated a brown paper bag containing her father's money in the amount of P130,000 and a stainless steel box from her cabinet. Vanessa, appellant and Gilbert were then brought to the police station. There, appellant and Gilbert were detained while Vanessa was released.chanrobles virtuallaw libraryred Cesar Padua[8] testified that he is the father of Vanessa and he knows appellant to be his daughter's suitor. On July 1, 1999, at 10:30 p.m. he was in his house watching television with his wife in the sala at the ground floor when he heard Vanessa talking loudly upstairs. He went up to see what was happening and saw Teofilo and Ricardo searching the area. He demanded that a search warrant be produced but none was shown to him. During the search, the police took a brown paper bag containing P130,000 and a stainless steel box. When he protested, the police poked their guns at him. Vanessa, appellant and Gilbert were then brought to the police station.chanrobles virtuallaw libraryred As a consequence of the illegal search and the taking of his money, Cesar filed complaints against Teofilo and Ricardo before the National Police Commission and the Office of the Ombudsman. He also denied that there was shabu inside his house and that appellant was a live-in partner of his daughter.cralaw:red On rebuttal, Teofilo[9] testified that he does not know Cesar Padua nor was the latter present when his group conducted the buy-bust operation. He also denied having taken P130,000 from Vanessa's room.chanrobles virtuallaw libraryred After considering all the evidence presented, the trial court found appellant guilty of all three charges under a decision that has the following dispositive portion:[10]chanrobles virtuallaw libraryred
The Court will first review appellant's conviction for the illegal sale of dangerous drugs.cralaw:red In all prosecutions for illegal sale of dangerous drugs, the following elements must first be established:chanrobles virtual law library
The identification of the buy-bust drug was made by Ricardo, who provided the following testimony:[12]
Apparently, Ricardo never actually identified the shabu that was taken during the buy-bust operation. He merely declared that the drug was supposed to be marked as "RA-B" and then pointed to an exhibit bearing that marking. He never explicitly declared that the item marked "RA-B" contained the shabu bought from appellant.chanrobles virtuallaw libraryred In any event, it must be noted that Ricardo is incompetent to identify the shabu sold as he was never in possession of it. Aside from the poseur-buyer, the only other person who could have identified the drug is Teofilo as it was allegedly turned over to him. However, Teofilo did not identify the shabu but merely stated that he personally took the shabu from the poseur-buyer right after the exchange.[13] The records are silent as to what he did with the drug thereafter.cralaw:red Teofilo's failure to testify on what he did with the shabu resulted in a break in the chain of custody of the drug. There is a missing link from the point when the drug was in the hands of Teofilo to the point when the same was placed in the custody of SPO1 dela Peña, the investigator who did the markings. The prosecution needs to establish that Teofilo gave the drug to dela Peña and informed the latter that such particular drug was sold by appellant and that it was marked accordingly. Without such proof, the marking of "RA-B" testified upon by Ricardo is rendered meaningless.chanrobles virtuallaw libraryred The existence of the dangerous drug is a condition sine qua non for conviction for the illegal sale of dangerous drugs, it being the very corpus delicti of the crime.[14] Failure to establish the chain of custody cannot but inure to the detriment of the prosecution's case.[15]chanrobles virtuallaw libraryred As for the charge of illegal possession of dangerous drugs, the Court sustains appellant's conviction.cralaw:red The defense claims that the shabu was not seized or confiscated from the body of the appellant. The records, however, show that when the police reached the second floor of the house, appellant was caught in flagrante delicto as he was in the midst of repacking the shabu.chanrobles virtuallaw libraryred It was not necessary for the prosecution to prove that appellant was in actual possession of all the 200.203 grams of shabu. In criminal law, possession necessary for conviction of the offense of possession of dangerous drugs may be constructive as well as actual. It is only necessary that the accused must have dominion and control over the contraband.[16] In this case, appellant's dominion and control over the drugs found on the second floor is established by the fact that he was the person who was handling said items.chanrobles virtuallaw libraryred Appellant nevertheless claims that the items found on the second floor were products of an illegal search. Suffice it to say that the items were found while the police were in the process of arresting appellant and these confiscated items were just lying on the floor, in plain view of the arresting officers.[17] The Court, however, cannot sustain appellant's conviction for illegal possession of ammunition. The ammunition was not found in the person of appellant. They were among the items seen lying on the floor and Vanessa and Gilbert were in that same room with appellant. Clearly, the evidence is insufficient to establish that said ammunition belongs to appellant as it could have belonged to the other two persons.chanrobles virtuallaw libraryred Furthermore, in any event, the Court has ruled in previous cases that in view of the enactment of Republic Act No. 8294, there can be no separate offense of illegal possession of firearms and ammunition if there is another crime committed such as, in this case, that of illegal possession of dangerous drugs.[18] Appellant should, therefore, be acquitted of the charges of illegal sale of dangerous drugs and illegal possession of ammunition, but his conviction for illegal possession of dangerous drugs should be sustained.chanrobles virtuallaw libraryred WHEREFORE, the assailed decision of the Regional Trial Court of San Pedro, Laguna, Branch 31, in Criminal Cases Nos. 1234-SPL and 1235-SPL, is hereby REVERSED and SET ASIDE and appellant, Rolando Almeida Y Calvin @ Tata Rolly, is ACQUITTED of the charges thereunder. His conviction in Criminal Case No. 1233, however, is hereby AFFIRMED. Costs de oficio.chanrobles virtuallaw libraryred SO ORDERED.chanrobles virtuallaw libraryred Davide, Jr., C.J., Panganiban,
Ynares-Santiago and Carpio, JJ., concur.chanrobles virtuallaw libraryred
Endnotes:chanroblesvirtuallawlibrary
[1]
Branch 31.chanrobles virtuallaw libraryred
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