G.R. No. 242025 - PEOPLE OF THE PHILIPPINES, VS. NORIN SENDAD Y KUNDO A.K.A. "NHORAIN SENDAD Y KUSAIN,"[*] ACCUSED-.D E C I S I O N - Supreme Court E-Library

Ruling

accordingly, sentenced her as follows: ( a ) in Criminal Case No. 3637-T, she was sentenced to suffer the penalty of life imprisonment with no eligibility for parole, and to pay a fine in the amount of P500,000.00; and ( b ) in Criminal Case No. 3638-T, she was sentenced to suffer the penalty of imprisonment ranging from eight (8) years, as minimum, to fourteen (14) years, four (4) months, and one (1) day, as maximum, and to pay a fine in the amount of P300,000.00. [10] The RTC found that the prosecution, through the testimonial and documentary evidence it presented, had established beyond reasonable doubt that Sendad indeed sold two (2) plastic sachets containing dangerous drugs to the poseur-buyer, resulting in her arrest, and that she was later found to have been in illegal and knowing possession of four (4) more plastic sachets of dangerous drugs. Likewise, the RTC held that the identity, integrity, and evidentiary value of the illegal drugs were duly preserved. While the testimonies of PO3 Gonzales and PO1 Europa had contradictions, these refer to collateral matters which actually strengthened their credibility as it erased any suspicion of prior rehearsal. On the other hand, the RTC found Sendad's defense of denial untenable for her failure to substantiate the same, and in light of her positive identification by the prosecution's witnesses. The RTC also did not give credence to the statements of Belandres and Gonio, whose testimonies may be unreliable owing to the period of time which elapsed from the date of the incident and when they took the witness stand. [11] Aggrieved, Sendad appealed [12] to the CA. In a Decision [13] dated June 21, 2018, the CA affirmed the RTC ruling, with modification on the penalty of imprisonment imposed in Criminal Case No. 3638-T to twelve (12) years and one (1) day, as minimum, to twenty (20) years, as maximum. [14] It held that the prosecution had sufficiently established beyond reasonable doubt all the elements of the crimes charged against Sendad, and all the links constituting the chain of custody. The CA also agreed with the RTC that the contradictions in the testimonies of PO3 Gonzales and PO1 Europa did not weaken their credibility. [15] Hence, this appeal seeking that Sendad's conviction be overturned. The Court's Ruling The appeal is meritorious. In cases for Illegal Sale and/or Illegal Possession of Dangerous Drugs under RA 9165, [16] 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 accused beyond reasonable doubt and, hence, warrants an acquittal. [18] To establish the identity of the dangerous drug with moral certainty, the prosecution must be able to account for each link of the chain of custody from the moment the drugs ar