People of the Philippines vs. Alfredo Lazaro, Jr.

G.R. No. 186418, October 16, 2009

(Illegal Possession of Prohibited Drugs, Evidence, Chain of Custody, Republic Act 9165)

To secure a conviction for illegal sale of shabu, the following essential elements must be established: (1) the identity of the buyer and the seller, the object of the sale and the consideration; and (2) the delivery of the thing sold and the payment thereof. In prosecutions for illegal sale of shabu, what is material is the proof that the transaction or sale actually took place, coupled with the presentation in court of the corpus delicti as evidence. In the case at bar, the prosecution was able to establish, through testimonial, documentary and object evidence, the said elements.

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The defenses of denial and frame-up have been invariably viewed by this Court with disfavor for it can easily be concocted and is a common and standard defense ploy in prosecutions for violation of Dangerous Drugs Act. In order to prosper, the defenses of denial and frame-up must be proved with strong and convincing evidence. In the cases before us, appellant failed to present sufficient evidence in support of his claims. Aside from his self-serving assertions, no plausible proof was presented to bolster his allegations.

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For a discrepancy or inconsistency in the testimony of a witness to serve as basis for acquittal, it must refer to the significant facts vital to the guilt or innocence of the accused for the crime charged. An inconsistency which has nothing to do with the elements of the crime cannot be a ground for the acquittal of the accused.

The inconsistency cited by appellant refers to trivial matter and is clearly beyond the elements of illegal sale of shabu because it does not pertain to the actual buy-bust itself – that crucial moment when appellant was caught selling shabu. Such inconsistency is also irrelevant to the elements of illegal possession of shabu. Besides, the inconsistency even bolsters the credibility of the prosecution witnesses as it erased any suspicion of a rehearsed testimony.

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Moreover, we have held in several cases that non-compliance with Section 21, Article II of Republic Act No. 9165 is not fatal and will not render an accused’s arrest illegal or the items seized/confiscated from him inadmissible. What is of utmost importance is the preservation of the integrity and the evidentiary value of the seized items, as the same would be utilized in the determination of the guilt or innocence of the accused. In the present case, the integrity of the drugs seized from appellant was preserved. The chain of custody of the drugs subject matter of the instant case was shown not to have been broken.

The fact that Forensic Analyst Albon and the persons who had possession or custody of the subject drugs were not presented as witnesses to corroborate SPO1 Indunan’s testimony is of no moment. The prosecution dispensed with the testimony of Forensic Analyst Albon because the defense had already agreed in the substance of her testimony to be given during trial, to wit: (1) that she examined the subject drugs; (2) that she found them to be positive for shabu; and (3) that she prepared and issued a chemistry report pertaining to the subject drugs.

Further, not all people who came into contact with the seized drugs are required to testify in court. There is nothing in Republic Act No. 9165 or in any rule implementing the same that imposes such a requirement. As long as the chain of custody of the seized drug was clearly established not to have been broken and that the prosecution did not fail to identify properly the drugs seized, it is not indispensable that each and every person who came into possession of the drugs should take the witness stand.