People Vs Morales (2010) PDF

SECOND DIVISION
PEOPLE OF THE PHILIPPINES, G.R. No. 172873
Appellee,
Present:
CARPIO, J.,Chairperson,
- versus - BRION,
DEL CASTILLO,
ABAD, and
PEREZ, JJ.
ROLDAN MORALES y MIDARASA, Promulgated:
Appellant.chanroblesvirtua|awlibary March 19, 2010
DECISION
DEL CASTILLO, J.:
The requirement of proof beyond a reasonable doubt has this vital role in our
criminal procedure for cogent reasons.The accused during a criminal prosecution has
at stake interest of immense importance, both because of the possibility that he may
lose his liberty upon conviction and because of the certainty that he would be
stigmatized by the conviction. Accordingly, a society that values the good name and
freedom of every individual should not condemn a man for commission of a crime
when there is reasonable doubt about his guilt.cЃa1cЃacЃaląw Due process
commands that no man shall lose his liberty unless the Government has borne the
burden of convincing the factfinder of his guilt. To this end, the reasonable-doubt
standard is indispensable, for it impresses on the trier of fact the necessity of
reaching certitude of the facts in issue.cЃa2cЃacЃaląw
1 If you want to become a lawyer, KEEP ON STUDYING!

Moreover, use of the reasonable-doubt standard is indispensable to command the
respect and confidence of the community in applications of criminal law. It is critical
that the moral force of criminal law not be diluted by a standard of proof that leaves
people in doubt whether innocent men are being condemned. It is also important in
our free society that every individual going about his ordinary affairs has confidence
that his government cannot adjudge him guilty of a criminal offense without
convincing a proper factfinder of his guilt with utmost certainty.cЃa3cЃacЃaląw
Lest there remain any doubt about the constitutional stature of the reasonable-doubt
standard, we explicitly hold that the Due Process Clause protects the accused
against conviction except upon proof beyond a reasonable doubt of every fact
necessary to constitute the crime with which he is charged.cЃa4cЃacЃaląw
On appeal is the DecisioncЃa5cЃacЃaląw of the Court of Appeals (CA) promulgated

on April 24, 2006 affirming in toto the DecisioncЃa6cЃacЃaląw of the Regional Trial
Court (RTC) of Quezon City, Branch 103 finding appellant Roldan Morales y Midarasa
guilty of the crimes of possession and sale of dangerous
drugs.chanroblesvirtua|awlibary
Factual Antecedents
Appellant was charged in two separate Informations before the RTC with possession
and sale of methylamphetamine hydrochloride (shabu), to wit:
Criminal Case No. Q-03-114256
That on or about the 2nd day of January, 2003 in Quezon City, Philippines, the said
accused not being authorized by law to possess or use any dangerous drug, did then
and there, willfully, unlawfully and knowingly have in her/his/their possession and
control, zero point zero three (0.03) grams of methylamphetamine hydrochloride, a
dangerous drug.chanroblesvirtua|awlibary
CONTRARY TO LAW.cЃa7cЃacЃaląw
cralaw
Criminal Case No. Q-03-114257

That on or about the 2nd day of January, 2003, in Quezon City, Philippines, the said
accused, not being authorized by law to sell, dispense, deliver, transport or
distribute any dangerous drug, did, then and there, willfully and unlawfully sell,
dispense, deliver, transport, distribute or act as broker in the said transaction, zero
point zero three (0.03) gram of methylamphetamine hydrochloride, a dangerous
drug.chanroblesvirtua|awlibary
CONTRARY TO LAW.cЃa8cЃacЃaląw
Upon arraignment, appellant, assisted by counsel, pleaded not guilty to both charges
read in Filipino, a language known and understood by him.cЃa9cЃacЃaląwOn motion
of the City Prosecutor, the cases were consolidated for joint
trial.cЃa10cЃacЃaląw Trial on the merits ensued thereafter.chanroblesvirtua|awlibary
The testimonies of PO1 Eduardo Roy (PO1 Roy) and PO3 Armando Rivera (PO3
Rivera) were presented by the prosecution:
PO1 Roy testified that on January 2, 2003, at about 2:00 p.m., he was on duty at
Police Station 9 where he made a pre-operation report on the buy-bust operation to
be conducted on the herein appellant that same afternoon.cЃa11cЃacЃaląwHe then
proceeded to Brgy. San Vicente, Quezon City with PO3 Rivera for the
operation.cЃa12cЃacЃaląwAt a point near Jollibee, they met the informant who, upon
seeing the subject appellant, went with him to meet PO1 Roy.cЃa13cЃacЃaląwAfter
being introduced to the appellant as a buyer of piso worth of shabu, appellant
immediately produced a sachet containing the alleged drug.When appellant received
the marked money amounting to P100.00,cЃa14cЃacЃaląw PO1 Roy raised his left
hand, at which point his back-up officer, PO3 Rivera appeared and immediately
arrested the appellant.cЃa15cЃacЃaląwThe appellant was immediately brought to the
Police Station for investigation, while the two sachets of shabu and aluminum foil
discovered on the said appellant were brought to the Crime Laboratory for
examination.cЃa16cЃacЃaląw
PO3 Rivera testified that he was the back-up officer of PO1 Roy, the poseur-buyer in
the buy-bust operation conducted against the appellant in the afternoon of January
2, 2003.cЃa17cЃacЃaląwIn preparation for the said operation, he conducted a short

briefing and recorded the particulars of the operation they were about to carry out:
the place of the operation which is at the parking lot of Jollibee Philcoa; the
identification of the suspect as the appellant; and the preparation of the buy-bust
money to be used.cЃa18cЃacЃaląwWith respect to the buy-bust money, he prepared
one P50.00 bill, two P20.00 bills and one P10.00 bill, by making the appropriate
marking on the top portion of each bill and recording their respective serial
numbers.cЃa19cЃacЃaląwLater that afternoon, police officers proceeded to the
meeting place.PO3 Rivera positioned himself in a parked
vehiclecЃa20cЃacЃaląw about 20 meters from the situs of the
transaction.cЃa21cЃacЃaląwHe thus had a clear view of the appellant with the
informant and PO1 Roy.cЃa22cЃacЃaląwShortly thereafter, he saw PO1 Roy make
the pre-arranged signal at which point he approached the appellant to arrest
him.cЃa23cЃacЃaląwHe recovered the marked money from the appellant and
proceeded to frisk the latter.cЃa24cЃacЃaląwUpon conducting the body search, he
found another sachet which he suspected to be shabu and two aluminum
foils.Appellant was brought to the Police Station for detention, while the items seized
from him were brought to the Crime Laboratory for
examination.cЃa25cЃacЃaląw The two sachets tested positive for
Methylamphetamine Hydrochloride (shabu) while the aluminum foil sheets tested
negative of the aforementioned substance.cЃa26cЃacЃaląw
Both PO1 Roy and PO3 Rivera identified a Joint Affidavit dated January 3, 2003
during their respective testimonies, which they acknowledged to have executed
subsequent to the buy-bust operation.cЃa27cЃacЃaląw
The defense presented the testimonies of Joaquin Artemio Marfori, Arsenia Morales
and the appellant:
Appellant denied the charges against him.cЃa28cЃacЃaląwHe testified that he is a

resident of Dolores, Quezon where he worked in a fertilizer store.cЃa29cЃacЃaląwHe
was in Manila at that time to bring money for his parents who live at Cruzna
Ligas.cЃa30cЃacЃaląwAs his mother did not give him enough money for his fare back
to Quezon, he sidelined as a parking attendant at Philcoa in order to earn the
balance of his bus fare.cЃa31cЃacЃaląwHowever, sometime that afternoon, two male

persons in civilian clothes suddenly approached him and his co-attendant, identified
themselves as policemen and poked their guns at them.cЃa32cЃacЃaląwThe said
policemen handcuffed them and proceeded to frisk them.cЃa33cЃacЃaląwHe averred
that nothing was found on him and yet the policemen still brought him to the police
station.cЃa34cЃacЃaląwHe denied the allegation made against him that he sold,
much less possessed, the shabu subject of this action.cЃa35cЃacЃaląwHe further
testified that in the tricycle on the way to the police station, PO1 Roy took out a
plastic of shabu from his (PO1 Roys) pocket and once at the station, the said
policeman showed it to the desk officer and claimed that the plastic sachet was
found on the appellant.cЃa36cЃacЃaląw
He likewise denied having received the buy-bust money and claimed that the P50.00
bill and the two P20.00 bills, totaling P90.00, were given to him by his mother for his
bus fare to Quezon.cЃa37cЃacЃaląwHe disclaimed any knowledge of the P10.00
bill.cЃa38cЃacЃaląwHe further testified that he personally knew PO3 Rivera prior to
the arrest, since his first cousin and PO3 Rivera had a quarrel which he had no
involvement whatsoever.cЃa39cЃacЃaląwHe noted the fact that it was PO3 Rivera
who arrested him.cЃa40cЃacЃaląw
Witness Joaquin Artemio Marfori testified that he is the employer of the appellant in
his agricultural and poultry supply store in Babayan, Calamba,
Laguna.cЃa41cЃacЃaląwHe further stated that he allowed the appellant to go on
vacation on December 12, 2003 to celebrate the New Year with his family in
Manila.cЃa42cЃacЃaląwHowever, the appellant failed to report back for work at the
start of the New Year.cЃa43cЃacЃaląw
Finally, witness Arsenia Morales (Arsenia) corroborated the testimony of her son that
she gave him P90.00, consisting of one P50.00 bill and two P20.00 bills as bus fare
back to Laguna where he worked.cЃa44cЃacЃaląwThinking that her son was already
on his way home, she was surprised to receive a call from her daughter informing
her that her son, the appellant, was arrested for possession and sale
of shabu.cЃa45cЃacЃaląw
Ruling of the Regional Trial Court

On April 29, 2004, the trial court rendered a Decision finding the appellant guilty
beyond reasonable doubt of illegal possession and illegal sale of dangerous drugs.
The dispositive portion of the said Decision reads:
WHEREFORE, in view of the foregoing disquisition, judgment is hereby rendered

finding the accused ROLDAN MORALES y Midarasa, GUILTY beyond reasonable
doubt in Criminal Case No. Q-03-114257 for violation of Section 5, Article II, R.A.
[No.] 9165 for drug pushing [of] zero point zero three (0.03) gram of white
crystalline substance containing Methylamphetamine hydrochloride and is hereby
sentenced to suffer Life Imprisonment and to pay a fine of Five Hundred Thousand
(P500,000.00) pesos.chanroblesvirtua|awlibary
The Court likewise finds the accused ROLDAN MORALES y Midarasa GUILTY beyond
reasonable doubt in Criminal Case No. Q-03-114256 for violation of Section 11,
Article II, R.A. [No.] 9165 for drug possession x x x of zero point zero three (0.03)
gram of white crystalline substance containing Methylamphetamine hydrochloride
and is hereby sentenced to suffer an imprisonment term of Twelve (12) Years and
One (1) Month to Thirteen (13) Years and to pay a fine of Three Hundred Fifty
Thousand (P350,000.00) Pesos.chanroblesvirtua|awlibary
The sachets of shabu subject of these cases are ordered transmitted to the PDEA
thru Dangerous Drugs Board for proper disposition after this decision becomes
final.chanroblesvirtua|awlibary
SO ORDERED.cЃa46cЃacЃaląw
The trial court held that the prosecution witnesses positively identified the appellant
as the person who possessed and sold to the poseur-buyer the shabu subject of this
case, during the buy-bust operation conducted in the afternoon of January 2,
2003.cЃa47cЃacЃaląwThe trial court found that from the evidence presented, the
prosecution was able to sufficiently establish the following: (1) the fact of the buy-
bust operation conducted in the afternoon of January 2, 2003 at the parking lot of
Jollibee Philcoa which led to the arrest of the appellant; and (2) the corpus
delicti, through the presentation in court of the two sachets of white substance
which was confirmed by the Chemistry Report to be methylamphetamine

hydrochloride (shabu), found in the possession of and sold by the
appellant.cЃa48cЃacЃaląw
Ruling of the Court of Appeals
The CA affirmed the Decision of the trial court in toto.It found that contrary to the
allegations of the appellant, there was no instigation that took
place.cЃa49cЃacЃaląwRather, a buy-bust operation was employed by the police
officers to apprehend the appellant while in the act of unlawfully selling
drugs.cЃa50cЃacЃaląwThe appellate court further held that what is material in a
prosecution for illegal sale of prohibited drugs is the proof that the transaction or
sale actually took place, coupled with the presentation in court of the corpus
delicti.cЃa51cЃacЃaląwStripped of non-essentials, the CA summarized the antecedent
facts of the case as follows:
PO1 Eduardo Roy prepared a pre-arranged report on the buy-bust operation to be

conducted against appellant at Barangay San Vicente, Quezon City upon an
informants tip that appellant was selling shabu in the said area.On the other hand,
PO3 Armando Ragundiaz Rivera recorded the briefing, summary, identification of
appellant and the buy-bust money to be used in the operation consisting of one (1)
fifty peso bill, two (2) twenty peso bill[s] and one (1) ten peso bill.PO1 Roy who
acted as the poseur-buyer and PO3 Rivera as his back-up proceeded to University
Avenue corner Commonwealth Avenue, Barangay San Vicente, Quezon City together
with the informant.chanroblesvirtua|awlibary
PO1 Roy and the informant met appellant at the parking lot of Jollibee restaurant
while PO3 Rivera positioned himself at the side of a parked car where he can easily
have a clear view of the three.After PO1 Roy was introduced by the informant to the
appellant as a buyer of shabu, the latter immediately produced a sachet containing
the said prohibited drugs and handed the same to him.PO1 Roy raised his left hand
as the pre-arranged signal that the transaction was consummated.Thereafter, PO3
Rivera went to the area, introduced himself as a police officer and frisked appellant
from whom he recovered the marked money and a matchbox, where the suspected
shabu was placed, and two (2) aluminum foils.They informed appellant of his

constitutional rights and brought him to the police station while the two (2) small
transparent heat sealed sachets containing the suspected prohibited drugs and
paraphernalia were turned over to the crime laboratory for examination, and which
[was] later, found to be positive for methylamphetamine hydrochloride (commonly
known as shabu).cЃa52cЃacЃaląw
Thence, the CA rendered judgment to wit:
WHEREFORE, premises considered, the assailed decision of the Regional Trial Court
of Quezon City, Branch 103 dated April 29, 2004 is hereby AFFIRMED IN TOTO.
SO ORDERED.cЃa53cЃacЃaląw
Appellant elevated the case to this Court via Notice of Appeal.cЃa54cЃacЃaląwIn our
Resolution dated July 12, 2006, we resolved to accept the case and required the
parties to submit their respective supplemental briefs simultaneously, if they so
desire, within 30 days from notice.cЃa55cЃacЃaląwBoth parties adopted their
respective appellants and appellees briefs, instead of filing supplemental
briefs.cЃa56cЃacЃaląw
Our Ruling
Appellant claims that he should not be convicted of the offenses charged since his
guilt has not been proven by the prosecution beyond reasonable
doubt.cЃa57cЃacЃaląwIn support of his contention, appellant alleges that the
arresting officers did not even place the proper markings on the alleged shabu and
paraphernalia at the time and place of the alleged buy-bust
operation.cЃa58cЃacЃaląwAppellant hence posits that this created serious doubt as
to the items and actual quantity of shabu recovered, if at all.cЃa59cЃacЃaląw
The Office of the Solicitor General, on the other hand, insists that the direct
testimony of the two arresting officers sufficiently established the elements of illegal
sale and possession of shabu.cЃa60cЃacЃaląw
At the outset, we draw attention to the unique nature of an appeal in a criminal

case: the appeal throws the whole case open for review and it is the duty of the

appellate court to correct, cite and appreciate errors in the appealed judgment
whether they are assigned or unassigned.cЃa61cЃacЃaląwOn the basis of such
review, we find the present appeal meritorious.chanroblesvirtua|awlibary
Prevailing jurisprudence uniformly hold that the trial courts findings of fact,
especially when affirmed by the CA, are, as a general rule, entitled to great weight
and will not be disturbed on appeal.cЃa62cЃacЃaląwHowever, this rule admits of
exceptions and does not apply where facts of weight and substance with direct and
material bearing on the final outcome of the case have been overlooked,
misapprehended or misapplied.cЃa63cЃacЃaląwAfter due consideration of the
records of this case, evidence presented and relevant law and jurisprudence, we
hold that this case falls under the exception.chanroblesvirtua|awlibary
In actions involving the illegal sale of dangerous drugs, the following elements must
first be established: (1) proof that the transaction or sale took place and (2) the
presentation in court of the corpus delicti or the illicit drug as
evidence.cЃa64cЃacЃaląw
On the other hand, in prosecutions for illegal possession of a dangerous drug, it

must be shown that (1) the accused was in possession of an item or an object
identified to be a prohibited or regulated drug, (2) such possession is not authorized
by law, and (3) the accused was freely and consciously aware of being in possession
of the drug.cЃa65cЃacЃaląwSimilarly, in this case, the evidence of the corpus
delicti must be established beyond reasonable doubt.cЃa66cЃacЃaląw
With respect to corpus delicti, Section 21 of Republic Act (RA) No. 9165 provides:
Section 21. Custody and Disposition of Confiscated, Seized, and/or Surrendered

Dangerous Drugs, Plant Sources of Dangerous Drugs, Controlled Precursors and
Essential Chemicals, Instruments/Paraphernalia and/or Laboratory Equipment. The
PDEA shall take charge and have custody of all dangerous drugs, plant sources or
dangerous drugs, controlled precursors and essential chemicals, as well as
instruments/paraphernalia and/or laboratory equipment so confiscated, seized and
or surrendered, for proper disposition in the following manner:

(1) The apprehending team having initial custody and control of the drugs shall,
immediately after seizure and confiscation, physically inventory and photograph the
same in the presence of the accused or the persons/s from whom such items were
confiscated and/or seized, or his/her representative or counsel, a representative
from the media and the Department of Justice (DOJ), and any elected public official
who shall be required to sign the copies of the inventory and be given a copy
thereof;x x x(Emphasis supplied)
In People v. Partoza,cЃa67cЃacЃaląw we held that the identity of the corpus

delicti was not proven beyond reasonable doubt.In the said case, the apprehending
policeman did not mark the seized drugs after he arrested the appellant in the
latters presence.Neither did he make an inventory and take a photograph of the
confiscated items in the presence of the appellant.There was no representative from
the media and the Department of Justice, or any elected public official who
participated in the operation and who were supposed to sign an inventory of seized
items and be given copies thereof.Hence, we held in the afore-cited case that there
was no compliance with the statutory safeguards.In addition, while the
apprehending policeman admitted to have in his possession the shabu from the time
the appellant was apprehended at the crime scene to the police station, records are
bereft of proof on how the seized items were handled from the time they left the
hands of the said police officer.chanroblesvirtua|awlibary
We declared in People v. Orteza,cЃa68cЃacЃaląw that the failure to comply with

Paragraph 1, Section 21, Article II of RA 9165 implied a concomitant failure on the
part of the prosecution to establish the identity of the corpus delicti:
In People v. Laxa,cЃaląwwhere the buy-bust team failed to mark the confiscated

marijuana immediately after the apprehension of the accused, the Court held that
the deviation from the standard procedure in anti-narcotics operations produced
doubts as to the origins of the marijuana. Consequently, the Court concluded that
the prosecution failed to establish the identity of the corpus delicti.
The Court made a similar ruling in People v. Kimura, where the Narcom operatives
failed to place markings on the seized marijuana at the time the accused was

arrested and to observe the procedure and take custody of the
drug.chanroblesvirtua|awlibary
More recently, in Zarraga v. People, the Court held that the material inconsistencies
with regard to when and where the markings on the shabu were made and the lack
of inventory on the seized drugs created reasonable doubt as to the identity of
the corpus delicti. The Court thus acquitted the accused due to the prosecution's
failure to indubitably show the identity of the shabu.chanroblesvirtua|awlibary
Likewise, in People v. Obmiranis,cЃa69cЃacЃaląw we acquitted the appellant due to

flaws in the conduct of the post-seizure custody of the dangerous drug allegedly
recovered from the appellant, together with the failure of the key persons who
handled the same to testify on the whereabouts of the exhibit before it was offered
in evidence in court.chanroblesvirtua|awlibary
In the instant case, it is indisputable that the procedures for the custody and
disposition of confiscated dangerous drugs, as mandated in Section 21 of RA 9165,
were not observed.The records utterly failed to show that the buy-bust team
complied with these procedures despite their mandatory nature as indicated by the
use of shall in the directives of the law.The procedural lapse is plainly evident from
the testimonies of the two police officers presented by the prosecution, namely: PO1
Roy and PO3 Rivera.chanroblesvirtua|awlibary
PO1 Roy, in his testimony, failed to concretely identify the items seized from the
appellant.Moreover, he confirmed that they did not make a list of the items
seized.The patent lack of adherence to the procedural mandate of RA 9165 is
manifest in his testimony, to wit:
FISCAL JURADO
x x x You mentioned that you gave the pre-arranged signal, what is that?
WITNESS
A-Raising my left hand.chanroblesvirtua|awlibary
Q-And what happened next?

A-My back up PO3 Rivera came.chanroblesvirtua|awlibary
Q-What [did] your back up do when you raised your hand?
A-He arrested Morales.chanroblesvirtua|awlibary
Q-What were you doing when he arrested Morales?
A-I put the informant away from the scene.chanroblesvirtua|awlibary
Q-And what happened next after that?
A-We brought him to the police station.chanroblesvirtua|awlibary
Q-How about the shabu, what did you do with it?
A-We brought it to the crime lab.chanroblesvirtua|awlibary
Q-How did you send it to crime lab?
A-Shabu and paraphernalia recovered by my companion from the

suspect.chanroblesvirtua|awlibary
Q-How many items were sent to the crime lab?
A-2 shabu and paraphernalia.
Q-What are the paraphernalia?
A-Foil, sir.
Q-How many foil?
A-I cannot recall.
Q-What happened to the accused in the police station?
A-He was investigated.chanroblesvirtua|awlibary
Q-Do you know the accused?
A-Yes, sir.chanroblesvirtua|awlibary

Q-What is his name?
A-Roldan Morales.chanroblesvirtua|awlibary
xxxx
FISCAL JURADO
Q-If the said sachet and paraphernalia will be shown to you, how would you be able
to identify the said items?
WITNESS
A-I could not recall pare-pareho yung shabu
ATTY. MOSING
I will object because that would be leading on the part of the prosecution because
he could not identify on what shabu.chanroblesvirtua|awlibary
COURT
That question is overruled.chanroblesvirtua|awlibary
FISCAL JURADO
I am showing to you an item, would you be able to identify?
COURT
Fiscal showing several shabu.chanroblesvirtua|awlibary
WITNESS
A-This one.chanroblesvirtua|awlibary
FISCAL JURADO
Q- cralawThere is another plastic sachet?
WITNESS
A-Recovered.chanroblesvirtua|awlibary

Q-How about these two?
A-I was not the one who confiscated that.chanroblesvirtua|awlibary
Q-What happened to the said item submitted to the crime lab?
A-Positive, sir.chanroblesvirtua|awlibary
xxxx
FISCAL JURADO
xxxx
Q-How about the specimen forwarded to the crime lab?
WITNESS
A-My companion brought that.chanroblesvirtua|awlibary
Q-What was your participation in the case?
A-Poseur buyer.chanroblesvirtua|awlibary
xxxx
ATTY. MOSING
xxxx
Q-After the arrest you brought the suspect and the items to the station?
A-Yes, sir.chanroblesvirtua|awlibary
Q-Did you not make a list of items you have confiscated in this case?
A-No, we turned it over to the investigator.
Q-You have presented the buy bust money a while ago, was that buy bust money
suppose to be turned over to the investigator?
A-No, inquest.Upon request, I was the one who received

it.cЃa70cЃacЃaląw(Emphasis supplied)

The testimony of the other arresting officer, PO3 Rivera further confirms the failure
of the buy-bust team to observe the procedure mandated under Section 21 of RA
9165:
COURT
Q-Where did you position yourself?
WITNESS
A-Parked vehicle.chanroblesvirtua|awlibary
FISCAL JURADO
Q-What did you notice?
WITNESS
A-The confidential informant introduced our poseur buyer to the suspect and after a
few conversation I waited and I saw the pre-arranged signal.And when he raised his
left hand that is the signal that the transaction is
consummated.chanroblesvirtua|awlibary
Q-After he made that signal, what did you do?
A-I rushed to the area and arrest[ed] the suspect.chanroblesvirtua|awlibary
Q-Who was the person you took x x x custody [of]?
A-Roldan Morales
Q-And what did you do with him?
A-Because he ha[d] a marked money I got hold of it and arrest[ed]

him.chanroblesvirtua|awlibary
Q-And what did you do with him?
A-I frisked him.chanroblesvirtua|awlibary
Q-And what was the result of your frisking?

A-A box of match which I was able to recover [containing] another suspected
shabu.chanroblesvirtua|awlibary
Q-Where did you find that on his body?
A-Front [pocket of] pants.chanroblesvirtua|awlibary
Q-How about the match?
A-The same.chanroblesvirtua|awlibary
Q-What else did you find?
A-Aluminum foil.chanroblesvirtua|awlibary
Q-And after you recovered that evidence, what did you do with the accused?
A-We informed him of his constitutional rights and brought him to the
station.chanroblesvirtua|awlibary
Q-How about the items you recovered?
A-Delivered it to the crime lab for examination.
Q-What else did you deliver [to] the crime lab?
A-Request, sir.71cЃacЃaląw(Emphasis supplied)
Other than PO1 Roy and PO3 Rivera, the prosecution did not present any other
witnesses.Hence, the investigator, referred to by PO1 Roy in his testimony as the
one who took delivery of the seized items, was not identified nor was he presented
in court.More importantly, the testifying police officers did not state that they
marked the seized drugs immediately after they arrested the appellant and in the
latters presence.Neither did they make an inventory and take a photograph of the
confiscated items in the presence of the appellant.There was likewise no mention of
any representative from the media and the Department of Justice, or any elected
public official who participated in the operation and who were supposed to sign an
inventory of seized items and be given copies thereof.None of these statutory
safeguards were observed.chanroblesvirtua|awlibary

Even PO1 Roy, the poseur-buyer, was not certain as to the identity of the
confiscated shabu, to wit:
FISCAL JURADO:
Q-If the said sachet and paraphernalia will be shown to you, how would you be able
to identify the said items?
WITNESS
A- cralawI could not recall pare-pareho yung

shabu.cЃa72cЃacЃaląw
The procedural lapses in the handling and identification of theseized items
collectively raise doubts as to whether the items presented in court were the exact
same items that were confiscated from appellant when he was
apprehended.chanroblesvirtua|awlibary
While this Court recognizes that non-compliance by the buy-bust team with Section
21 of RA 9165 is not fatal as long as there is a justifiable ground therefor, for and as
long as the integrity and the evidentiary value of the siezed items are properly
preserved by the apprehending team,cЃa73cЃacЃaląwthese conditions were not met
in the case at bar.No explanation was offered by the testifying police officers for
their failure to observe the rule.In this respect, we cannot fault the apprehending
policemen either, as PO1 Roy admitted that he was not a PDEA
operativecЃa74cЃacЃaląw and the other witness, PO3 Rivera, testified that he was
not aware of the procedure involved in the conduct of anti-drug operations by the
PNP.cЃa75cЃacЃaląwIn fine, there is serious doubt whether the drug presented in
court was the same drug recovered from the appellant.Consequently, the
prosecution failed to prove beyond reasonable doubt the identity of the corpus
delicti.
Furthermore, the evidence presented by the prosecution failed to reveal the identity
of the person who had custody and safekeeping of the drugs after its examination

and pending presentation in court.Thus, the prosecution likewise failed to establish
the chain of custody which is fatal to its cause.chanroblesvirtua|awlibary
In fine, the identity of the corpus delicti in this case was not proven beyond
reasonable doubt.There was likewise a break in the chain of custody which proves
fatal to the prosecutions case.Thus, since the prosecution has failed to establish the
element of corpus delicti with the prescribed degree of proof required for successful
prosecution of both possession and sale of prohibited drugs, we resolve
to ACQUIT Roldan Morales y Midarasa.chanroblesvirtua|awlibary
WHEREFORE, in view of the foregoing, the Decision of the Court of Appeals dated
April 24, 2006 in CA-G.R. CR-H.C. No. 00037 affirming the judgment of conviction of
the Regional Trial Court of Quezon City, Branch 103 dated April 29, 2004 is
hereby REVERSED and SET ASIDE.Appellant Roldan Morales y Midarasa
is ACQUITTED based on reasonable doubt, and is ordered to be
immediately RELEASED from detention, unless he is confined for any other lawful
cause.chanroblesvirtua|awlibary
The Director of the Bureau of Corrections is DIRECTED to IMPLEMENT this Decision

and to report to this Court the action taken hereon within five days from
receipt.chanroblesvirtua|awlibary
SO ORDERED.chanroblesvirtua|awlibary
MARIANO C. DEL CASTILLO
Associate Justice
WE CONCUR:
ANTONIO T. CARPIO
Associate Justice
Chairperson
ARTURO D. BRION ROBERTO A. ABAD

Associate Justice Associate Justice
JOSE PORTUGAL PEREZ
Associate Justice
ATTESTATION
I attest that the conclusions in the above Decision had been reached in consultation
before the case was assigned to the writer of the opinion of the Courts
Division.chanroblesvirtua|awlibary
ANTONIO T. CARPIO
Associate Justice
Chairperson, Second Division
CERTIFICATION
Pursuant to Section 13, Article VIII of the Constitution, and the Division Chairpersons
attestation, it is hereby certified that the conclusions in the above Decision had been
reached in consultation before the case was assigned to the writer of the opinion of
the Courts Division.chanroblesvirtua|awlibary
REYNATO S. PUNO
Chief Justice
cralawEndnotes:
cЃa1cЃacЃaląwIn the Matter of Samuel Winship,397 U.S. 358, 90 S.Ct. 1068 (1970).
cЃa2cЃacЃaląwId.chanroblesvirtua|awlibary

cЃa4cЃacЃaląwId.
cЃa5cЃacЃaląwRollo, pp. 3-11; penned by Associate Justice Sesinando E. Villon and

concurred in by Associate Justices Edgardo P. Cruz and Rosanlinda Asuncion-
Vicente.chanroblesvirtua|awlibary
cЃa6cЃacЃaląwRecords, pp. 63-66; penned by Presiding Judge Jaime N. Salazar,

Jr.chanroblesvirtua|awlibary
cЃa7cЃacЃaląwId at 2-3.chanroblesvirtua|awlibary
cЃa9cЃacЃaląwId. at 15.chanroblesvirtua|awlibary
cЃa11cЃacЃaląwTSN, March 20, 2003, pp. 3-4.chanroblesvirtua|awlibary
cЃa15cЃacЃaląwId. at 5-6.chanroblesvirtua|awlibary
cЃa16cЃacЃaląwId at 6.chanroblesvirtua|awlibary

cЃa27cЃacЃaląwId. at 8 and 15, respectively.chanroblesvirtua|awlibary
cЃa28cЃacЃaląwTSN, June 19, 2003, pp. 3-5.chanroblesvirtua|awlibary
cЃa29cЃacЃaląwId. at 3 and 8.chanroblesvirtua|awlibary
cЃa31cЃacЃaląwId. at 3 and 8.chanroblesvirtua|awlibary
cЃa41cЃacЃaląwTSN, August 5, 2003, pp. 3-4.chanroblesvirtua|awlibary
cЃa44cЃacЃaląwTSN, November 6, 2003, pp. 3-4.chanroblesvirtua|awlibary

cЃa46cЃacЃaląwRecords, p. 66.chanroblesvirtua|awlibary
cЃa49cЃacЃaląwCA rollo, pp. 92-93.chanroblesvirtua|awlibary
cЃa55cЃacЃaląwRollo, p. 12.chanroblesvirtua|awlibary
cЃa56cЃacЃaląwId. at 22-23; 25-26.chanroblesvirtua|awlibary
cЃa57cЃacЃaląwCA rollo, pp. 40, 45.chanroblesvirtua|awlibary
cЃa60cЃacЃaląwId. at 63, 76-78.
cЃa61cЃacЃaląwPeople v. Kamad, G.R. No. 174198, January 19, 2010, citing People
v. Balagat, G.R. No. 177163, April 24, 2009.chanroblesvirtua|awlibary
cЃa62cЃacЃaląwPeople v. Milan, 370 Phil. 493, 499 (1999).chanroblesvirtua|awlibary
cЃa63cЃacЃaląwPeople v. Robles, G.R. No. 177220, April 24,

2009.chanroblesvirtua|awlibary
cЃa64cЃacЃaląwPeople v. Darisan, G.R. No. 176151, January 30, 2009, 577 SCRA
486, 490.chanroblesvirtua|awlibary

cЃa66cЃacЃaląwPeople v. Partoza, G.R. No. 182418, May 8,
cЃa68cЃacЃaląwG.R. No. 173051, July 31, 2007, 528 SCRA 750, 758-
cЃa69cЃacЃaląwG.R. No. 181492, December 16, 2008, 574 SCRA 140,

cЃa70cЃacЃaląwTSN, March 20, 2003, pp. 5-11.chanroblesvirtua|awlibary
cЃa73cЃacЃaląwSection 21(a) of the Implementing Rules and Regulations of RA 9165

provides:
SECTION 21.Custody and Disposition of Confiscated, Seized and/or Surrendered

Dangerous Drugs, Plant Sources of Dangerous Drugs, Controlled Precursors and
Essential Chemicals, Instruments/Paraphernalia and/or Laboratory Equipment. The
PDEA shall take charge and have custody of all dangerous drugs, plant sources of
dangerous drugs, controlled precursors and essential chemicals, as well as
instruments/paraphernalia and/or laboratory equipment so confiscated and/or
surrendered, for proper disposition in the following manner:
(a)The apprehending officer/team having initial custody and control of the drugs
shall, immediately after seizure and confiscation, physically inventory and
photograph the same in the presence of the accused or the person/s from whom
such items were confiscated and/or seized, or his/her representative or counsel, a
representative from the media and the Department of Justice (DOJ), and any elected
public official who shall be required to sign the copies of the inventory and be given
a copy thereof: Provided, that the physical inventory and photograph shall be
conducted at the place where the search warrant is served; or at the nearest police
station or at the nearest office of the apprehending officer/team, whichever is

practicable, in case of warrantless seizures; Provided, further, that non-compliance
with these requirements under justifiable grounds, as long as the integrity and the
evidentiary value of the seized items are properly preserved by the apprehending
officer/team, shall not render void and invalid such seizures of and custody over said
items; x x x(Emphasis supplied)
cЃa74cЃacЃaląwTSN, March 20 2003 pp. 8-9.

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SECOND DIVISION

PEOPLE OF THE PHILIPPINES, G.R. No. 172873

ROLDAN MORALES y MIDARASA, Promulgated:

Appellant.chanroblesvirtua|awlibary March 19, 2010

DEL CASTILLO, J.:

1 If you want to become a lawyer, KEEP ON STUDYING!

On appeal is the DecisioncЃa5cЃacЃaląw of the Court of Appeals (CA) promulgated

Criminal Case No. Q-03-114256

Criminal Case No. Q-03-114257

2 If you want to become a lawyer, KEEP ON STUDYING!

3 If you want to become a lawyer, KEEP ON STUDYING!

Appellant denied the charges against him.cЃa28cЃacЃaląwHe testified that he is a

4 If you want to become a lawyer, KEEP ON STUDYING!

Ruling of the Regional Trial Court

5 If you want to become a lawyer, KEEP ON STUDYING!

WHEREFORE, in view of the foregoing disquisition, judgment is hereby rendered

6 If you want to become a lawyer, KEEP ON STUDYING!

Ruling of the Court of Appeals

PO1 Eduardo Roy prepared a pre-arranged report on the buy-bust operation to be

7 If you want to become a lawyer, KEEP ON STUDYING!

Thence, the CA rendered judgment to wit:

At the outset, we draw attention to the unique nature of an appeal in a criminal

8 If you want to become a lawyer, KEEP ON STUDYING!

On the other hand, in prosecutions for illegal possession of a dangerous drug, it

Section 21. Custody and Disposition of Confiscated, Seized, and/or Surrendered

9 If you want to become a lawyer, KEEP ON STUDYING!

In People v. Partoza,cЃa67cЃacЃaląw we held that the identity of the corpus

We declared in People v. Orteza,cЃa68cЃacЃaląw that the failure to comply with

In People v. Laxa,cЃaląwwhere the buy-bust team failed to mark the confiscated

10 If you want to become a lawyer, KEEP ON STUDYING!

Likewise, in People v. Obmiranis,cЃa69cЃacЃaląw we acquitted the appellant due to

A-Raising my left hand.chanroblesvirtua|awlibary

Q-And what happened next?

11 If you want to become a lawyer, KEEP ON STUDYING!

Q-What [did] your back up do when you raised your hand?

A-He arrested Morales.chanroblesvirtua|awlibary

Q-What were you doing when he arrested Morales?

A-I put the informant away from the scene.chanroblesvirtua|awlibary

Q-And what happened next after that?

A-We brought him to the police station.chanroblesvirtua|awlibary

Q-How about the shabu, what did you do with it?

A-We brought it to the crime lab.chanroblesvirtua|awlibary

Q-How did you send it to crime lab?

A-Shabu and paraphernalia recovered by my companion from the

Q-How many items were sent to the crime lab?

A-2 shabu and paraphernalia.

Q-What are the paraphernalia?

Q-How many foil?

A-I cannot recall.

Q-What happened to the accused in the police station?

A-He was investigated.chanroblesvirtua|awlibary

Q-Do you know the accused?

12 If you want to become a lawyer, KEEP ON STUDYING!

A-I could not recall pare-pareho yung shabu

That question is overruled.chanroblesvirtua|awlibary

I am showing to you an item, would you be able to identify?

Fiscal showing several shabu.chanroblesvirtua|awlibary

Q- cralawThere is another plastic sachet?

13 If you want to become a lawyer, KEEP ON STUDYING!