G.R. No. 186466 - PEOPLE OF THE PHILIPPINES , VS. CHRISTOPHER DESUYO Y BUEN, ACCUSED-.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, premises considered, finding accused SANTOS De HITTA and CHRISTOPHER DESUYO y BUEN GUILTY beyond reasonable doubt of the crimes charged against them in the two (2) separate Information, accused SANTOS De HITTA and CHRISTOPER DESUYO y BUEN are hereby sentenced to suffer the following penalties to wit: (1) In Criminal Case No. 2003-5923, for both accused to suffer an imprisonment of TWELVE (12) YEARS AND ONE (1) DAY TO FIFTEEN (15) YEARS AND A FINE OF P300,000.00 and to pay the costs; and (2) In Criminal Case No. 2003-5924, for both accused to suffer the penalty of LIFE IMPRISONMENT and a fine of P500,000.00, and to pay the costs. Accused, SANTOS De HITTA and CHRISTOPHER DESUYO y BUEN shall serve their sentence one after the other or in succession. The shabu recovered is hereby ordered forfeited in favor of the government and the Branch Clerk of Court is hereby directed to turn over the same to the PDEA for proper disposal without further delay and that the P200.00 bills be returned to the head of the CIDG based in this City. [9] Only Desuyo interposed an appeal with the Court of Appeals. Brushing aside the alleged inconsistencies in the testimonies of the defense witnesses as cited by the defense and sustaining the trial court's finding of conspiracy, the appellate court, in its Decision dated 29 August 2008, confirmed the presence of all elements of the two (2) separate crimes of illegal sale and illegal possession of dangerous drugs, with the evidence establishing the culpability of Desuyo and De Hitta, to wit: WHEREFORE, the assailed Decision dated 17 April 2006 of the Regional Trial Court, Fifth Judicial Region, Sorsogon City, Branch 52, in Criminal Case Nos. 2003-5923 and 2003-5924 is hereby AFFIRMED. [10] Accused-appellant Desuyo is now before this Court assailing the Decision rendered by the Court of Appeals on the following assignment of errors: I. THE TRIAL COURT GRAVELY ERRED IN HOLDING THAT CONSPIRACY BETWEEN THE TWO (2) ACCUSED WAS PROVEN BEYOND REASONABLE DOUBT NOTWITHSTANDING THE GLARING INCONSISTENCIES AND IMPROBABILITIES IN THE PROSECUTION'S TESTIMONIAL EVIDENCE II. THE TRIAL COURT GRAVELY ERRED IN PRONOUNCING THE GUILT OF THE ACCUSED NOTWITHSTANDING THE FAILURE OF THE PROSECUTION TO PRESERVE THE INTEGRITY AND EVIDENTIARY VALUE OF THE DANGEROUS DRUG AND PARAPHERNALIA ALLEGEDLY FOUND IN THE POSSESSION OF THE ACCUSED. IV. THE TRIAL COURT GRAVELY ERRED IN RELYING ON THE PRESUMPTION OF REGULARITY IN THE PERFORMANCE OF OFFICIAL DUTIES, THUS GIVING CREDENCE TO THE TESTIMONY OF PO2 ROBIN MOLINA WHEN THE SAID PRESUMPTION HAD BEEN OVERTURNED BY THE ARRESTING OFFICERS' NON- COMPLIANCE WITH THE REQUIREMENTS FOR THE PROPER CUSTODY OF SEIZED DANGEROUS DRUGS UNDER R.A. 9165. Praying for his acquittal, Desuyo asserts that his guilt of the crimes charged has not been established and proven beyond reasonable doubt. He argues, albeit for the first time on appeal, that the evidence adduced by the prosecution failed to show compliance with