Digest: People vs. MIKE STEVE Y BASMAN AND RASHID MANGTOMA Y NONI, G.R. No. 204911

THE PEOPLE OF THE PHILIPPINES v. MIKE STEVE Y BASMAN AND RASHID MANGTOMA Y NONI, 

G.R. No. 204911, August 06, 2014

PEREZ, J.:

Facts: 

In 2003, a buy-bust operation was conducted by police officers PO3 Mohammad Sugod, Jr. and SPO3 Santiago Gonzales inside the Kimco Subdivision in Barangay Sauyo, Quezon City. The buy-bust team was formed due to the information received from the residents of the said subdivision regarding some illegal drug activities. Surveillances were made.

The team prepared buy-bust money and PO3 Sugod was assigned as the poseur buyer. As planned, the team’s informant made arrangement with the accused-appellants Mike Steve and Rashid Mangtoma for the purchase of one kilo of “shabu”. On February 20, 2003, the team proceeded to the target area. At around ten (10) in the morning, the informant communicated to the police officers of the arrival of the accused-appellants. PO3 Sugod transacted with accused-appellant Mangtoma. A plastic bag containing (almost) one kilo of “shabu” was handed over to PO3 Sugod. After witnessing the transaction, SPO3 Gonzales approached the parties involved who were also inside the car. SPO3 Gonzales declared “Pulis kami, huwag na kayong manlaban pa”. The accused-appellants were arrested and brought to the police station.

The item of the transaction was seized. It was subsequently subjected for laboratory examination in the Philippine National Police Crime Laboratory. A chemistry report manifesting that the confiscated substance yielded positive for methylamphetamine hydrochloride was issued by Forensic Chemist Officer May Andrea A. Bonifacio.

Both accused-appellants denied the commission of the crime. They alleged that a buy-bust operation was never conducted by the police officers. Both of them were temporarily staying in the residence of Spouses Pauto and Armpo Lilog when the policemen forced their way into the house. They were arrested together with the said spouses and a certain Noro.

In the police station, all of them were asked to pay the total amount of one (1) million pesos for their release. As accused-appellants failed to give any amount, only Noro and Spouses Pauto and Armpo Lilog were released.chanroblesl

 The Ruling of the RTC

The RTC rendered a Decision finding both accused guilty beyond reasonable doubt of the crime of drug pushing, specifically in violation of Section 5, Article II of R.A. No. 9165.

The Ruling of the CA

On appeal, the accused-appellants contended that there were glaring inconsistencies with the testimonies of the prosecution’s witnesses pertaining to the conduct of the buy-bust operation, and the manner of the alleged consummation of sale of dangerous drug; that there were procedural lapses on the part of the buy-bust team to comply with Section 21(1) of R.A. No. 9165, which accordingly failed to secure the evidence related to the arrests, and to protect the chain of custody; and that ultimately, the prosecution miserably failed to prove the accused-appellants’ guilt beyond reasonable doubt.cralawred

However, the CA affirmed in toto the Decision of the RTC and dismissed the appeal.

Moreover, the CA held that failure to comply with Section 21 of R.A. No. 9165 will not render the arrest of the accused illegal, nor will it result to the inadmissibility in evidence against the accused of the illegal drugs seized in the course of the entrapment operation. What is of utmost relevance is the preservation of the integrity and maintenance of the evidentiary value of the confiscated illegal drugs, for in the end, the same shall necessarily be the thrust that shall determine the guilt or innocence of the accused. Although it was mentioned that the justifiable ground for non-compliance with Section 21 was not very well expressed by the police officers, this does not necessarily mean that the accused-appellants’ arrest was illegal or the items seized inadmissible. Said justifiable ground will remain unknown in the light of the apparent failure of the accused-appellants to challenge the custody and safekeeping of the issue of disposition and preservation of the subject drugs before the lower court. In short, they cannot be allowed to question the police officers’ alleged non-compliance with Section 21 for the first time on appeal.cralawred

Lastly, non-coordination with the Philippine Drug Enforcement Agency (PDEA) by the police officers in conducting a buy-bust operation does not render such operation illegal. As pointed out by the appellate court, Section 86 of R.A. No. 9165 is silent as to the consequence of failure to comply therewith, but this should not be interpreted as a legislative intent to make an arrest without the participation of the PDEA illegal or evidence obtained pursuant to such an arrest inadmissible.cralawred 

Issue: 

Whether  the evidence “shabu” should  be admitted because the police failed to follow chain of custody and another requirement of sec 21 of RA 9165.

Ruling:

Yes. To reiterate what we have held in past cases, we are not always looking for the 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, as these would determine the guilt or innocence of the accused. We succinctly explained this in People v. Del Monte when we held:

We would like to add that non-compliance with Section 21 of said law, particularly the making of the inventory and the photographing of the drugs confiscated and/or seized, will not render the drugs inadmissible in evidence. Under Section 3 of Rule 128 of the Rules of Court, evidence is admissible when it is relevant to the issue and is not excluded by the law or these rules. For evidence to be inadmissible, there should be a law or rule which forbids its reception. If there is no such law or rule, the evidence must be admitted subject only to the evidentiary weight that will [be] accorded (to) it by the courts. x x x

We do not find any provision or statement in said law or in any rule that will bring about the non-admissibility of the confiscated and/or seized drugs due to non-compliance with Section 21 of Republic Act No. 9165. The issue therefore, if there is non-compliance with said section, is not of admissibility, but of weight — evidentiary merit or probative value — to be given the evidence. The weight to be given by the courts on said evidence depends on the circumstances obtaining in each case. (Emphasis supplied and citations omitted)