G.R. No. 254622 - PEOPLE OF THE PHILIPPINES, VS. MARKO PULGADO Y MAGNO A.K.A. "MAKO," ACCUSED-.D E C I S I O N - Supreme Court E-Library

Ruling

accordingly, sentenced him to suffer the following penalties: ( a ) in Criminal Case No. 2016-996, for the crime of Illegal Sale of Dangerous Drugs, the penalty of life imprisonment and to pay a fine in the amount of P500,000.00 plus costs without subsidiary imprisonment in case of insolvency; and ( b ) in Criminal Case No. 2016-997, for the crime of Illegal Possession of Dangerous Drugs, the penalty of imprisonment for the indeterminate period of twelve (12) years and one (1) day, as minimum, to fourteen (14) years and eight (8) months, as maximum, and to pay a fine in the amount of P300,000.00 plus costs, without subsidiary imprisonment in case of insolvency. [12] Giving credence to the testimony of PO3 Tan, the RTC held that the prosecution successfully established the elements of the crimes charged, and that the apprehending team adequately preserved the chain of custody over the dangerous drugs from the moment of seizure up to their presentation in court as evidence. [13] Meanwhile, the RTC found Pulgado's defense of denial untenable for lack of clear and convincing evidence showing that the CAIDSOT did not regularly perform their duties. [14] Aggrieved, Pulgado appealed [15] to the CA, arguing, among others, that he should be acquitted on account of the apprehending team's failure to comply with the chain of custody rule considering that the police officers failed to immediately mark the drug evidence at the place of arrest. [16] However, in a Decision [17] dated Jun 16, 2020, the CA affirmed the RTC ruling with modification, sentencing Pulgado to suffer the following penalties: ( a ) for the crime of Illegal Sale of Dangerous Drugs, the penalty of life imprisonment without eligibility for parole and to pay a fine in the amount of P500,000.00; and ( b ) for the crime of Illegal Possession of Dangerous Drugs, the penalty of imprisonment for a period of twelve (12) years and one (1) day, as minimum, to fourteen (14) years and eight (8) months, as maximum, and to pay a fine in the amount of P300,000.00. [18] Echoing the trial court's findings, it ruled that the prosecution successfully established the elements of the crimes charged. [19] Moreover, it held that the chain of custody rule was duly complied with, and thus, the integrity and evidentiary value of the seized items had been properly preserved. [20] Hence, this appeal seeking that Pulgado's conviction be overturned. The Issue Before the Court The essential issue for the Court's resolution is whether or not Pulgado is guilty beyond reasonable doubt of the crimes charged. The Court's Ruling The appeal is meritorious. In cases for Illegal Sale and/or Illegal Possession of Dangerous Drugs under RA 9165, [21] it is essential that the identity of the dangerous drug be established with moral certainty, considering that the dangerous drug itself forms an integral part of the corpus delicti of the crime. [22] Failing to prove the integrity of the corpus delicti renders the evidence for the Stat