The Supreme Court affirmed the conviction of Mercidita T. Resurreccion for illegal sale and possession of dangerous drugs, emphasizing the significance of credible witness testimonies and adherence to the chain of custody rule in drug-related cases. The Court underscored that inconsistencies on minor details do not diminish the credibility of witnesses, particularly when corroborated by substantial evidence. This decision reinforces the stringent enforcement of Republic Act No. 9165, also known as the Dangerous Drugs Act of 2002, and serves as a reminder of the serious penalties associated with drug offenses.

From Buy-Bust to Jail Cell: Can Minor Inconsistencies Overturn a Drug Conviction?

The case began with a buy-bust operation conducted by the Station Anti-Illegal Drugs Special Operations Task Force (SAID-SOTF) of Makati Police Station. Acting on information that Mercidita T. Resurreccion was selling shabu near a bridge in Barangay Bangkal, Makati City, the police organized a team to apprehend her. PO2 Julius B. Lique, acting as the poseur-buyer, successfully purchased 0.02 grams of shabu from Resurreccion using marked bills. Upon arrest, a subsequent search revealed an additional 0.24 grams of shabu in her possession. Resurreccion was charged with violating Sections 5 and 11 of Republic Act No. 9165, for the illegal sale and possession of dangerous drugs.

At trial, the prosecution presented PO2 Lique and Jefrey Esperat Abellana from the Makati Anti-Drug Abuse Council (MADAC) as witnesses. They testified to the details of the buy-bust operation, the arrest of Resurreccion, and the confiscation of the illegal drugs. The prosecution also presented documentary evidence, including the Request for Laboratory Examination, Physical Science Report confirming the substance as Methylamphetamine Hydrochloride (shabu), and the Certificate of Coordination with the Philippine Drug Enforcement Agency (PDEA). The defense, however, argued that Resurreccion was framed and that the police had planted the drugs on her. Resurreccion and her daughter testified that police officers barged into their home, searched the premises without a warrant, and presented the drugs later.

The Regional Trial Court (RTC) found Resurreccion guilty beyond reasonable doubt on both charges. The RTC gave significant weight to the prosecution’s evidence, finding the testimonies of the police officers to be credible and consistent with the documentary evidence presented. The Court of Appeals affirmed the RTC’s decision, leading Resurreccion to appeal to the Supreme Court. The main issues before the Supreme Court were whether the prosecution had proven Resurreccion’s guilt beyond reasonable doubt and whether inconsistencies in the testimonies of the prosecution witnesses warranted a reversal of the conviction.

The Supreme Court affirmed the lower courts’ decisions, emphasizing the elements necessary to secure a conviction for the illegal sale and possession of dangerous drugs. For illegal sale, the prosecution must prove: (1) the identities of the buyer and seller, object, and consideration; and (2) the delivery of the thing sold and the payment thereof.

As the Court cited, “What is material to the prosecution for illegal sale of dangerous drugs is the proof that the transaction or sale actually occurred, coupled with the presentation in court of the substance seized as evidence.” (People v. Castro, G.R. No. 194836, June 15, 2011, 652 SCRA 393, 408.). Regarding illegal possession, the prosecution must establish: (1) the accused is in possession of an item or object which is identified to be a prohibited drug; (2) such possession is not authorized by law; and (3) the accused freely and consciously possessed the said drug.

Building on this principle, the Court addressed the alleged inconsistencies in PO2 Lique’s testimony. Specifically, the defense pointed out that Lique’s affidavit stated Resurreccion voluntarily emptied her pockets, while his testimony indicated he frisked her and found the drugs himself. The Court dismissed this discrepancy as minor, holding that it did not affect the elements of the crime. “Inconsistencies and discrepancies in the testimony referring to minor details and not upon the basic aspect of the crime do not diminish the witnesses’ credibility. More so, an inconsistency, which has nothing to do with the elements of a crime, is not a ground to reverse a conviction.” (People v. Villahermosa, G.R. No. 186465, June 1, 2011, 650 SCRA 256, 275-276.)

Furthermore, the Court found the defenses of denial and frame-up to be weak and unsubstantiated. The Court reiterated the presumption of regularity in the performance of official duties by police officers. Unless there is clear and convincing evidence to the contrary, the testimonies of law enforcement officers are generally given credence. The Court stated, “The testimonies of police officers who conducted the buy-bust are generally accorded full faith and credit, in view of the presumption of regularity in the performance of public duties. Hence, when lined against an unsubstantiated denial or claim of frame-up, the testimony of the officers who caught the accused red-handed is given more weight and usually prevails.” The defense failed to present any evidence to overcome this presumption or to show any ill motive on the part of the police officers.

Crucially, the Supreme Court also addressed the chain of custody of the seized drugs. Section 21(1) of Republic Act No. 9165 requires that the seized drugs be marked, inventoried, and photographed immediately upon seizure. While no photograph of the seized items was submitted in evidence, the Court noted that the marking and inventory were properly conducted at the place of apprehension. PO2 Lique testified that he marked the seized items at the scene. “Although no photograph of the seized items was submitted in evidence, the same does not render void and invalid the confiscation and custody of the seized items as long as their integrity and evidentiary value had been properly preserved by the apprehending officers.” (Section 21(a) of the Implementing Rules and Regulations of Republic Act No. 9165.) The chain of custody was thus deemed sufficiently established, ensuring the integrity and evidentiary value of the seized drugs.

The penalties imposed by the RTC, as affirmed by the Court of Appeals, were also upheld by the Supreme Court. For illegal possession of 0.24 grams of shabu, Resurreccion was sentenced to an indeterminate term of twelve (12) years and one (1) day, as minimum, to fourteen (14) years and eight (8) months, as maximum, and to pay a fine of P300,000.00. For illegal sale of 0.02 grams of shabu, she was sentenced to life imprisonment and to pay a fine of P500,000.00. These penalties are in accordance with Sections 5 and 11 of Republic Act No. 9165, which prescribe the penalties for these offenses.

FAQs

What were the charges against Mercidita Resurreccion?	Resurreccion was charged with violating Sections 5 and 11 of Republic Act No. 9165, for illegal sale and possession of dangerous drugs (specifically, Methylamphetamine Hydrochloride, or shabu).
What is a “buy-bust” operation?	A buy-bust operation is a technique used by law enforcement, where an undercover officer poses as a buyer to purchase illegal drugs from a suspect, leading to their arrest.
What does the “chain of custody” mean in drug cases?	The chain of custody refers to the documented process of tracking seized evidence (in this case, the drugs) from the time of seizure to its presentation in court, ensuring its integrity and preventing tampering.
What was the alleged inconsistency in the police officer’s testimony?	The alleged inconsistency was that the police officer’s affidavit stated Resurreccion voluntarily emptied her pockets, while his court testimony indicated he frisked her and found the drugs himself.
Why did the Court dismiss the alleged inconsistency?	The Court dismissed the discrepancy as a minor detail that did not affect the core elements of the crimes charged (illegal sale and possession of drugs). The fact remained that the drugs were found in Resurreccion’s possession.
What is the presumption of regularity in the performance of official duty?	This legal principle assumes that law enforcement officers perform their duties properly and in accordance with the law, unless there is clear evidence to the contrary.
What penalties did Resurreccion receive?	For illegal possession, she received an indeterminate sentence of 12 years and 1 day to 14 years and 8 months, plus a P300,000 fine. For illegal sale, she received life imprisonment and a P500,000 fine.
What is the significance of this Supreme Court decision?	The decision underscores the importance of credible witness testimonies and proper handling of evidence in drug cases and it affirms the strict enforcement of Republic Act No. 9165.

In conclusion, the Supreme Court’s decision in People v. Resurreccion serves as a clear affirmation of the procedures and standards necessary for securing convictions in drug-related cases. It emphasizes the importance of credible witness testimony, adherence to chain of custody protocols, and the presumption of regularity in the performance of official duties. The ruling reinforces the stringent enforcement of Republic Act No. 9165 and underscores the serious consequences of drug offenses under Philippine law.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: PEOPLE OF THE PHILIPPINES, VS. MERCIDITA T. RESURRECCION, G.R. No. 188310, June 13, 2013