People of the Philippines vs Amarillo
GR No. 194721 August 15, 2012
Facts: Accused-appellant identified himself as John Brian Amarillo 25 years old, a resident of Laperal Compound, Guadalupe Viego, Makati City, single, a washing boy. On or about April 8, 2006, in the City of Makati, Philippines, and within the jurisdiction of this honorable court, Amarillo, without the corresponding license or prescription did then and there willfully, unlawfully and feloniously sell, give away, distribute and deliver 0.03g of methylamphetamine hydrochloride (shabu), which is a dangerous drug. On the same day, after the arrest of the accused, a search was made upon his person and in his possession was found 17 small heat-sealed plastic which contains shabu, with a total of 0.33g.
Issue: Whether or not failure to perform the regular inventory of the drugs seized would render the evidence inadmissible and accused not liable for the crime charged.
Held: No. To prove illegal sale of shabu, the following elements must be present: a.) the identities of the buyer and the seller, the object of the sale, and the consideration; and b.) the delivery of the thing sold and the payment for the thing. And, to secure conviction, it is immaterial to establish that the transaction or sale actually took place, and to bring to the court the corpus delicti as evidence.
As to the crime of illegal possession of shabu, the prosecution clearly proved the presence of the following essential elements of the crime: a.) the accused was in possession of an item or object that is identified to be a prohibited as dangerous drugs; b.) such possession was not authorized by law; and c.) the accused freely and consciously possessed the drug. After the arrest, accused-appellant, 17 heat-sealed sachets of white substance were found in his possession. The chemistry report showed that the white substamce in the plastic sachets tested for shabu. And, there was no showing that such possession was authorized by law.
The failure of the prosecution to show that the police officers conducted the required physical inventory and photograph of the evidence confiscated pursuant to said guidelines is not fatal and does not automatically render accused-appellant’s arrest illegal or the items seized/confiscated from him inadmissible.
The court has long settled that an accused may still be found guilty despite the failure to faithfully observe the requirements provided under section 21 of RA 9165, for as long as the chain of custody remains unbroken.
The doctrine of presumption of regularity in the performance of official duty is likewise applicable in the instant case, there being no showing of any ill motive on the part of the arresting officers to falsely accuse accused-appellant of the crimes charged. In fact, he himself testified that he did not know any of the persons who arrested him and that he did not also have any misunderstanding with any one of them. And, in the absence of proof of any intent on the part of the police authorities to falsely impute such a serious crime against appellant as in this case, the presumption of regularity in the performance of official duty must prevail.