G.R. No. 238906 - PEOPLE OF THE PHILIPPINES, VS. FEDERICO CUEVAS Y MARTINEZ, ACCUSED-.D E C I S I O N - Supreme Court E-Library

Ruling

accordingly, sentenced him as follows: (a) in Criminal Case No. 21940-2014-C for Illegal Sale of Dangerous Drugs, he was sentenced to suffer the penalty of life imprisonment and to pay a fine of P500,000.00; and (b) in Criminal Case No. 21942-2014-C for Illegal Possession of Dangerous Drugs, he was sentenced to suffer the penalty of imprisonment for an indeterminate period of twelve (12) years and one (1) day, as minimum, to fourteen (14) years, as maximum, and to pay a fine of P300,000.00. He was, however, acquitted in Criminal Case No. 21941-2014-C for Illegal Possession of Drug Paraphernalia for failure of the prosecution to prove his guilt beyond reasonable doubt. [11] In so ruling, the RTC found that the prosecution had established his guilt beyond reasonable doubt for Illegal Sale and Illegal Possession of Dangerous Drugs, as he was caught selling shabu during the conduct of a legitimate buy-bust operation, and during the search incidental to his arrest, two (2) more plastic sachets containing shabu were recovered from him. The RTC also found that the integrity and evidentiary value of the items seized from Cuevas were preserved as the apprehending officers substantially complied with the chain of custody rule. [12] Aggrieved, Cuevas appealed the RTC ruling to the CA. In a Decision [13] dated August 31, 2017, the CA affirmed the RTC ruling. It held that Cuevas was caught inflagrante delicto to be selling shabu during a buy-bust operation and that the additional sachets found in his possession were recovered pursuant to a search incidental to his lawful arrest. Further, the CA ruled that the integrity and evidentiary value of the items seized from Cuevas were preserved. [14] Hence, this appeal seeking that Cuevas' 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; 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 Cuevas was caught inflagrante delicto selling shabu to the poseur-buyer, SPO1 Andulay, during a legitimate buy-bust operation conducted by PNP-IB-LPPO in coordination with the PDEA; and that two (2) other plastic sachets containing shabu were 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 fact