Case Digest: People vs Llanita

People of the Philippines vs. Llanita and Buar

G.R. No. 189817, October 3, 2012

Ponente: Leonardo – De Castro

Facts:

Version of the Prosecution: Appellants were convicted for violation of Sec. 5, Art 11 of R.A. No. 9165 otherwise known as the Comprehensive Dangerous Drugs Act of 2002 for illegal sale of Dangerous drugs. The prosecution presented PO2 Catuday as a witness a member of the PNP- Anti- Illegal Drugs Special Operations Task Force with functions to conduct buy-bust and surveillance operations. He was on duty when a female informant alias Inday went to the station to give info about the illegal drug activities of one Alias Reyna. A team was the immediately formed by Lt. Bartolazo to conduct a buy bust operation against Reyna. Buy bust ensued, from there PO2 Catuday introduced himself as a police officer. Llanita and Buar tried to escape but they were immediately apprehended, and were apprised of their constitutional rights. Specimens were forwarded to crime laboratory for examination, and the result yielded to a positive result for shabu.

Version of the Defense: Llanita testified that she was with her live in partner Buar in their house located at Daang Hari, Taguig City when a member of unknown persons introduced themselves as police officers and unlawfully barged in to their home and entered without search warrant. They also vehemently denied the ownership over the shabu.

Despite 3 informations were filed against them, and was found them guilty.

Issue:

Whether the trial court erred in convicting the appelants despite the fact that the prosecution failed to overthrow the constitutional presumption of innocence and for failure to establish a cautious and unbroken chain of custody of evidence.

Ruling:

No. Because what is material is the proof that the transaction or sale actually took place, coupled with the presentation in court of evidence of the corpus delicti. He commission of illegal sale merely requires the consummation of the selling transaction, which happens the moment the buyer receives the drug from the seller. As long as the police officer went through the operation as a buyer, whose offer was accepted by appellant followed by the delivery of the dangerous drugs to the former, then the crime is already consummated. Examinations of the testimony of PO2 Catuday reveals that the elements of illegal sale are present to attain the conviction of Llanati and Buar. In this case the prosecution has amply proven all the elements of the drug sale with moral certainty. And for the proper chain of custody it was also clearly proven that there was a cautious chain of it.