1) A buy-bust operation was conducted based on a tip that a man named Edong was selling shabu in Quezon Street. An undercover officer approached the appellant, was introduced as a buyer by an informant, and received a plastic sachet containing shabu in exchange for money.
2) The appellant was arrested and brought to the police station. A forensic chemist confirmed the seized items tested positive for methamphetamine hydrochloride or shabu.
3) Both the trial court and appellate court found the appellant guilty beyond reasonable doubt of violating the dangerous drugs act. The Supreme Court affirmed the conviction, finding that the elements of the crime were established and the chain of custody was proven.
1) A buy-bust operation was conducted based on a tip that a man named Edong was selling shabu in Quezon Street. An undercover officer approached the appellant, was introduced as a buyer by an informant, and received a plastic sachet containing shabu in exchange for money.
2) The appellant was arrested and brought to the police station. A forensic chemist confirmed the seized items tested positive for methamphetamine hydrochloride or shabu.
3) Both the trial court and appellate court found the appellant guilty beyond reasonable doubt of violating the dangerous drugs act. The Supreme Court affirmed the conviction, finding that the elements of the crime were established and the chain of custody was proven.
1) A buy-bust operation was conducted based on a tip that a man named Edong was selling shabu in Quezon Street. An undercover officer approached the appellant, was introduced as a buyer by an informant, and received a plastic sachet containing shabu in exchange for money.
2) The appellant was arrested and brought to the police station. A forensic chemist confirmed the seized items tested positive for methamphetamine hydrochloride or shabu.
3) Both the trial court and appellate court found the appellant guilty beyond reasonable doubt of violating the dangerous drugs act. The Supreme Court affirmed the conviction, finding that the elements of the crime were established and the chain of custody was proven.
People v. Casacop, G.R. No. 210454, January 13, 2016
Facts: Acting on a tip from an informant that a. certain Edong was selling shabu in Quezon Street, Barangay San Antonio, San Pedro, Laguna. SPO4 Dela Pena, Senior Police Officer of then formed a buy-bust team. Thereafter, the buy- bust team proceeded to the target area. POl Signap and the informant approached appellant's house. PO1 Signap was introduced to appellant by the informant as the buyer of shabu. He handed the marked money, consisting of three (3) P100.00 bills, to appellant, who took a plastic sachet from his left pocket and gave it to him. PO1 Signap conducted a physical inventory of the seized items and correspondingly marked them in appellant's house. Appellant was brought to the police station. Thereat, SPO4 Dela Pena prepared a certificate of inventory. A request letter was sent to the Philippine National Police (PNP) Crime laboratory for the examination of the seized items. Forensic Chemist Donna Villa P. Huelgas issued Chemistry Report which confirmed the seized items as positive for methamphetamine hydrochloride or shabu. RTC finds the accused guilty beyond reasonable doubt of crime of violation of RA 9165. CA affirms in toto. Issue: W/N Chain of Custody of the object evidence was established. Ruling: For the successful prosecution of a case for illegal sale of shabu, the following elements must be proven: (1) the identity of the buyer and the seller, the object and the consideration; and (2) the delivery of the thing sold and the payment therefor. On the other hand, in prosecuting a case for illegal possession of dangerous drugs, the following elements must concur: (1) the accused is in possession of an item or object, which is identified as a prohibited drug; (2) such possession is not authorized by law; and (3) the accused freely and consciously possessed the drug. All the elements in the prosecution for illegal possession of dangerous drugs and paraphernalia were likewise established. Found in appellant's pocket after he was caught in flagrante were two (2) more plastic sachets containing shabu, an improvised glass tooter containing shabu residue and the rolled aluminum foil with shabu residue. Under Rule 126, Section 13, a person lawfully arrested may be searched for anything which may have been used or constitute proof in the commission of an offense without a warrant. There was no showing that appellant had legal authority to possess the shabu and its paraphernalia. Moreover, the fact that these contrabands were found in his physical possession shows that he freely and consciously possessed them. The decisions of the RTC and CA are affirmed, and the penalty is sustained of crime of illegal possession of shabu.