G.R. No. 238522 - PEOPLE OF THE PHILIPPINES, V. NORMAN BARADI Y VELASCO, ACCUSED-.

Ruling

accordingly, sentenced him as follows: ( a ) in Crim. Case No. 10462, to suffer the penalty of life imprisonment, and to pay a fine of P500,000.00; and ( b ) in Crim. Case No. 10463, to suffer the penalty of imprisonment for an 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 of P300,000.00. [10] The RTC found that the prosecution had established beyond reasonable doubt the elements of the crimes charged against Baradi, as he was caught in flagrante delicto selling shabu , and thereafter, was found in possession of another sachet which also contained shabu . The RTC also observed that the integrity and evidentiary value of the items seized from Baradi were preserved as the apprehending officers complied with the chain of custody rule. [11] Aggrieved, Baradi appealed [12] the RTC ruling to the CA. In a Decision [13] dated June 9, 2017, the CA affirmed the RTC ruling. Hence, this appeal seeking that Baradi's conviction be overturned. The Court's Ruling The appeal is without merit. The elements of Illegal Sale of Dangerous Drugs under Section 5, Article II of RA 9165 are: (a) the identity of the buyer and the seller, the object, and the consideration; and (b) the delivery of the thing sold and the payment; [14] while the elements of Illegal Possession of Dangerous Drugs under Section 11, Article II of RA 9165 are: ( a ) the accused was in possession of an item or object identified as a prohibited drug; ( b ) such possession was not authorized by law; and ( c ) the accused freely and consciously possessed the said drug. [15] Here, the courts a quo correctly found that all the elements of the crimes charged are present, as the records clearly show that Baradi was caught in flagrante delicto selling shabu to the poseur-buyer, SPO1 Andulay, during a legitimate buy-bust operation by the CAID-SOTG of San Fernando City, La Union; and that another plastic sachet containing shabu was recovered from him during the search made incidental to his arrest. Since there is no indication that the said courts overlooked, misunderstood, or misapplied the surrounding facts and circumstances of the case, the Court finds no reason to deviate from their factual findings. In this regard, it should be noted that the trial court was in the best position to assess and determine the credibility of the witnesses presented by both parties. [16] Further, the Court notes that the buy-bust team had sufficiently complied with the chain of custody rule under Section 21, Article II of RA 9165. In cases for Illegal Sale and/or Possession of Dangerous Drugs under RA 9165, 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. [17] Failing to prove the integrity of the corpus delicti renders the evidence for the State insufficient to prove the guilt of the