G.R. No. 198794 - PEOPLE OF THE PHILIPPINES, VS. VICTOR DE JESUS Y GARCIA, ACCUSED-.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, finding the accused GUILTY beyond reasonable doubt, accused VICTOR DE JESUS y GARCIA @ Vic is hereby CONVICTED : [A] in Criminal Case No. 1091-M-2003, which charges accused with sale of dangerous drug consisting of one (1) heat sealed transparent plastic sachet of methylamphetamine hydrochloride commonly known as shabu , weighing 0.022 gram and a dangerous drug, in violation of Section 5, Article II of Republic Act No. 9165, otherwise known as the Comprehensive Dangerous Drugs Act of 2002, and is SENTENCED to suffer LIFE IMPRISONMENT , and to pay the FINE of Five Hundred Thousand Pesos (P500,000.00); [B] in Criminal Case No. 1092-M-2003, which charges accused for possession and control of dangerous drug consisting of eight (8) heat sealed transparent plastic sachets of methamphetamine hydrochloride commonly known as shabu , weighing 0.027, 0.019, 0.020, 0.017, 0.021, 0.018, 0.020, and 0.146 gram and are all dangerous drugs, in violation of Section 11, Article II of Republic Act No. 9165, otherwise known as the Comprehensive Dangerous Drugs Act of 2002, and is SENTENCED to suffer the imprisonment of, applying the Indeterminate Sentence Law, TWELVE (12) YEARS AND ONE DAY, AS THE MINIMUM TERM, TO THIRTEEN (13) YEARS, AS THE MAXIMUM TERM , and to pay the FINE of Three Hundred Thousand Pesos (P300,000.00); As to the specimen subject of these cases and which are listed in Chemistry Report No. D-241-2003, the same are hereby confiscated in favor of the government. The Clerk of Court is directed to dispose of the said specimen in accordance with the existing procedure, rules and regulations. Furnish both parties of this joint judgment and the Provincial Jail Warden. [15] (Citation omitted.) On appeal, [16] the Court of Appeals, in its March 24, 2011 Decision, affirmed the RTC, to wit: WHEREFORE , in view of the foregoing, the instant appeal is DISMISSED . The Joint Decision of the Regional Trial Court of Malolos City, Branch 76 dated 4 November 2008 finding accused-appellant guilty beyond reasonable doubt of violation of Sections 5 and 11, Article II of Republic Act (R.A.) No. 9165, otherwise known as the Comprehensive Dangerous Drugs Act of 2002, is AFFIRMED . [17] The Court of Appeals ruled that the prosecution was able to establish the chain of custody and preserve the integrity and identity of the confiscated drugs. It found De Jesus testimony as self-serving, and his daughters as biased, since there was no evidence presented to substantiate their claims. Moreover, the Court of Appeals noted that the improper motive imputed by De Jesus was against the confidential informant and not the police officers who apprehended him. [18] Anent the discrepancy on the date the buy-bust operation took place, the Court of Appeals held that there was no discrepancy as March 29, 2003 was the date the operation was supposed to be carried out as opposed to the categorical statement from PO2 Bernardo that the actual buy-bust operation occurred on Marc