People v. Yutig
REITERATIONFacts
The Antecedents: Accused-appellant Michael Gregorio Yutig was charged with Illegal Sale and Illegal Possession of Dangerous Drugs under Republic Act No. 9165. The Information for Illegal Sale alleged that on October 11, 2015, in Lupon, Davao Oriental, he sold and delivered one sachet of shabu weighing 0.0905 gram to PO2 Leo Michael T. Sapalicio, a poseur-buyer, and was found positive for dangerous drug use. The Information for Illegal Possession alleged that on the same date and place, he had in his possession two sachets of shabu weighing 0.0880 gram, and was also found positive for dangerous drug use. Procedural History: Accused-appellant pleaded not guilty to both charges. The prosecution presented evidence that a confidential informant led to a buy-bust operation where PO2 Sapalicio acted as the poseur-buyer. Accused-appellant allegedly sold one sachet of shabu and, upon arrest, was found with two more sachets. The seized items were marked, inventoried in the presence of witnesses, and submitted to the PNP Crime Laboratory, which confirmed the presence of methamphetamine hydrochloride. The defense claimed entrapment and that the seized items were planted. The Regional Trial Court (RTC) found accused-appellant guilty of both offenses. The Court of Appeals (CA) affirmed the RTC decision. The Petition: Accused-appellant appealed his conviction, primarily questioning the sufficiency of the Information for Illegal Sale and the integrity of the chain of custody of the seized drugs.
Issue(s)
Whether the Information for Illegal Sale of Dangerous Drugs was sufficient despite the absence of the element of consideration. Whether the accused-appellant is guilty beyond reasonable doubt of Illegal Sale and Illegal Possession of Dangerous Drugs, and whether the integrity and evidentiary value of the seized items were preserved.
Ruling
The appeal lacks merit. The Court affirmed the decision of the Court of Appeals, which upheld the conviction of the accused-appellant for Illegal Sale and Illegal Possession of Dangerous Drugs.
Ratio Decidendi
On the sufficiency of the Information for Illegal Sale: The Court disagreed with the accused-appellant's contention that the Information was insufficient due to the lack of specified consideration. The Information clearly stated that the accused-appellant "willfully, unlawfully and consciously sold and delivered" one sachet of shabu to PO2 Sapalicio, a poseur-buyer. The Court held that this accusation falls under Section 5, Article II of RA 9165, specifically the element of illegal delivery of a dangerous drug. The elements of illegal delivery are: (a) the accused passed the dangerous drug to another person; (b) such delivery is not allowed by law; and (c) the accused knowingly made such delivery. The Information sufficiently apprised the accused-appellant of the charge against him, and the prosecution was able to prove these elements during trial. The Court emphasized that the charge of illegal delivery is distinct from illegal sale, which requires proof of consideration, but the Information here sufficiently covered the act of delivery. On the guilt for Illegal Sale and Illegal Possession of Dangerous Drugs, and the integrity of the seized items: The Court found that the prosecution established the guilt of the accused-appellant beyond reasonable doubt for both offenses. For Illegal Sale, the elements were proven: the identity of the seller (accused-appellant) and buyer (PO2 Sapalicio), the object (one sachet of shabu weighing 0.0905 gram), the delivery, and the payment (P500.00 marked money). For Illegal Possession, the Court noted that incidental to the lawful arrest, two sachets of shabu weighing 0.0880 gram were recovered from the accused-appellant's possession, and he failed to present any legal authority for such possession. The Court reiterated that the testimonies of prosecution witnesses were credible and convincing, while the defense was self-serving and unsubstantiated. The Court affirmed the RTC and CA's findings that the integrity and evidentiary value of the seized items were preserved. The Court meticulously detailed the chain of custody, which involved the following links: (1) seizure and immediate marking of the illegal drugs by the apprehending officer (PO2 Sapalicio) at the place of arrest; (2) inventory and photographing of the seized items in the presence of the accused-appellant and required witnesses (Brgy. Capt. Maquilan and media representative Enero), with the witnesses signing the inventory sheet; (3) turnover of the seized items to the PNP Crime Laboratory within 24 hours for examination by Forensic Chemist P/I Bajade, who confirmed the items were shabu; and (4) submission of the marked illegal drugs to the court. The Court noted that even under RA 10640, which amended Section 21 of RA 9165, the marking, inventory, and photographing were conducted immediately and in the presence of the accused and required witnesses. The stipulations made by the parties during trial further bolstered the compliance with the chain of custody rule, as the defense agreed to the delivery and receipt of the items by the Crime Laboratory, dispensing with the testimony of PO3 Cubillan. Thus, the corpus delicti was established, and the integrity of the evidence was maintained.
Main Doctrine
The prosecution established the elements of Illegal Sale and Illegal Possession of Dangerous Drugs, and the integrity and evidentiary value of the seized items were preserved through an unbroken chain of custody, thereby proving the corpus delicti beyond reasonable doubt.