G.R. No. 210454 - PEOPLE OF THE PHILIPPINES AND, VS. RONALDO CASACOP Y AMIL, ACCUSED-.R E S O L U T I O N - Supreme Court E-Library

Ruling

WHEREFORE, the Court hereby renders judgment: 1) Finding accused Ronaldo Casacop y Amil guilty beyond reasonable doubt of the crime of violation of Section 12 of Republic Act No. 9165 otherwise known as The Comprehensive Dangerous Drugs Act of 2002 in Criminal Case No. 5485-SPL, hereby sentencing him to suffer the penalty of imprisonment from two (2) years as minimum to four (4) years as maximum, to pay a fine in the amount of Twenty Thousand (P20,000.00) Pesos, and to pay the costs. 2) Finding accused Ronaldo Casacop y Amil guilty beyond reasonable doubt of the crime of violation of violation of Section 11 of Republic Act No. 9165 otherwise known as The Comprehensive Dangerous Drugs Act of 2002 in Criminal Case No. 5486-SPL, hereby sentencing him to suffer an indeterminate penalty of imprisonment from an indeterminate penalty of imprisonment from twelve (12) years and one (1) day as minimum to fifteen (15) years as maximum and to pay a fine in the amount of P300,000.00. 3) Finding accused Ronaldo Casacop y Amil guilty beyond reasonable doubt of the crime of violation of Section 5 of Republic Act No. 9165 otherwise known as The Comprehensive Dangerous Drugs Act of 2002 in Criminal Case No. 5487-SPL, and hereby sentencing him to suffer the penalty of life imprisonment and to pay a fine in the amount of Five Hundred Thousand (P500,000.00) Pesos and to pay the costs. The drugs paraphernalia such as one (1) rolled aluminum foil strip and one (1) improvised "tooter", the 0.19 and 0.06 grams (sic) of Methamphetamine Hydrochloride "shabu" which constitutes the instrument in the commission of the crime is confiscated and forfeited in favor of the government. The Branch Clerk of Court of this Court is hereby directed to immediately transmit the drugs paraphernalia such as one (1) rolled aluminum strip and one (1) improvised "tooter", the 0.19 and 0.06 grams (sic) of Methamphetamine Hydrochloride "shabu" to the Dangerous Drugs Board for proper disposition. [11] Appellant seasonably filed a Notice of Appeal before the Court of Appeals. On 10 July 2013, the appellate court affirmed in toto the judgment of the RTC. Appellant appealed his conviction before this Court, adopting the same arguments in his Brief [12] before the Court of Appeals. Appellant asserts that the chain of custody of the object evidence was never established. Moreover, appellant claims that Section 21 (a) of the Implementing Rules and Regulations of R.A. No. 9165 was not complied with. For the successful prosecution of a case for illegal sale of shabu, the following elements must be proven: (1) the identity of the buyer and the seller, the object and the consideration; and (2) the delivery of the thing sold and the payment therefor. [13] On the other hand, in prosecuting a case for illegal possession of dangerous drugs, the following elements must concur: (1) the accused is in possession of an item or object, which is identified as a prohibited drug; (2) such possession is not authorized b