G.R. NO.

171018 : September 11, 2009]

PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ELLY NAELGA, Accused-Appellant.

CHICO-NAZARIO, J.

FACTS OF THE CASE

For Review under Rule 45 of the Revised Rules of Court is the Decision1 dated 30 November 2005 of the
Court of Appeals in CA-G.R. CR No. 00304 entitled People of the Philippines v. Elly Naelga, affirming the
Decision2 rendered by the Regional Trial Court (RTC) of Rosales, Pangasinan, Branch 53, in Criminal Case
No. 4649-R, finding Elly Naelga guilty of the illegal sale of methamphetamine hydrochloride, more
popularly known as shabu.

By virtue of a Criminal Complaint, accused-appellant Elly Naelga y Bongay (accused-appellant) was

That on or about 3:00 o'clock in the afternoon of July 15, 2003, in Poblacion, Municipality of Rosales,
Province of Pangasinan, Philippines and within the jurisdiction of this Honorable Court, the above-
named accused, did then and there willfully, unlawfully and feloniously have in his possession, control
and custody the following, to wit: one (1) piece of small transparent plastic containing "Shabu" weighing
more or less 0.4 grams which he sold to a poseur-buyer designated by the police, and without having
the necessary permit or license to possess the same.

Contrary to Article II, Sec. 5 and Sec. 11(3) of R.A. 9165.5

Upon arraignment on 27 August 2003, accused-appellant pleaded not guilty.6

A pre-trial conference was held on 16 September 2003 in the presence of the government prosecutor,
the accused and his counsel. Based on the pre-trial order issued by the trial court on 16 September
2003, the defense only admitted to the identity of the accused-appellant and the fact of his
apprehension, but denied any knowledge of the existence of a buy-bust operation. The defense limited
its testimonial evidence to that of accused-appellant himself. On the other hand, the prosecution limited
its testimonial evidence to the stipulations of Police Officer (PO) 2 Noe Sembran, PO1 Rosauro Valdez,
and Forensic Chemist Emelda Besarra Roderos. The prosecution's documentary evidence included the
following: (a) Affidavit executed by PO2 Sembran who acted as poseur-buyer; (b) the marked
money/P100 bill with Serial No. GW877766 recovered from accused-appellant; (c) confiscation receipt;
(d) Chemistry Report; and (e) sachet of shabu handed by accused-appellant to PO2 Sembran. Thereafter,
trial on the merits ensued.

The prosecution supported its version of the events through documentary evidence and the testimonies
of its two witnesses from the Rosales Police Station in Rosales, Pangasinan, namely: PO2 Noe Sembran
and PO1 Rosauro Valdez.
PO2 Noe Sembran testified that upon receiving information from a civilian asset that the accused Elly
Naelga was peddling illegal drugs at the public market of Rosales, Pangasinan, Police Chief Inspector
Policarpio Cayabyab, Jr. hatched a plan to conduct a buy-bust operation to apprehend the accused. PO2
Sembran was tasked to act as poseur-buyer, with PO1 Danilo Asis, Senior Police Officer (SPO) 1 Jesus
Caspillo, and PO1 Rosauro Valdez as backup operatives. The money used for the buy-bust operation was
provided by the Rosales Treasurer's Office and affixed thereto were his signature and that of the
municipal treasurer of Rosales.

In his testimony, PO2 Sembran narrated that on 15 July 2003, he was informed by an asset that accused-
appellant Elly Naelga was selling illegal drugs at the Rosales Public Market in Pangasinan. Thereafter, at
about three o'clock in the afternoon of the same day, PO2 Sembran went inside the public market and
approached accused-appellant. PO2 Sembran was familiar with accused-appellant, because the police's
confidential agent had been monitoring accused-appellant's activities for several weeks. PO2 Sembran
talked to accused-appellant, who asked the former if he was a security guard, to which he replied in the
affirmative. While engaged in this conversation, PO2 Sembran asked the accused-appellant what he
could use to keep him awake while on duty as a security guard. Accused-appellant suggested that he
drink Red Bull. PO2 Sembran replied that he already did, but this did not work, and that he was caught
sleeping on his post. Accused-appellant then declared that he knew something more effective, as he
passed his index finger under his nose as if sniffing something. When asked what he meant, accused-
appellant told PO2 Sembran that he was referring to bato or shabu. PO2 Sembran said he was willing to
try this and to buy Five Hundred Pesos (P500.00) worth of shabu. Accused-appellant told PO2 Sembran
to give him the money and committed to return with the shabu. PO2 Sembran gave appellant four One
Hundred Pesos (P400.00) in marked bills. Upon receiving the money, accused-appellant left. PO2
Sembran went back to the police station to plan the arrest of accused-
appellant.ςηαñrοblεš νιr†υαl lαω lιbrαrÿ

Police Chief Inspector Policarpio C. Cayabyab, Jr. instructed PO2 Sembran to act as a poseur-buyer and
the other members of the team as backup. PO2 Sembran and his fellow police officers returned to the
public market almost an hour later. They waited for accused-appellant until he finally arrived, alighting
from a tricycle. PO2 Sembran followed him in an alley. There were people sleeping on bamboo tables in
the alley, and PO2 Sembran expressed apprehension at being noticed. Accused-appellant reassured him
that they would not be disturbed and immediately asked for the balance of One Hundred Pesos
(P100.00). PO2 Sembran gave accused-appellant the marked money. Thereupon, accused-appellant took
out a sachet containing white granules and handed it to PO2 Sembran, who then revealed that he was a
policeman. Accused-appellant tried to run, but PO2 Sembran held on to the former's belt. They
struggled and fell to the pavement. PO1 Valdez came to help PO2 Sembran arrest accused-appellant.
PO2 Sembran was able to recover the One-Hundred-Peso (P100.00) bill from accused-appellant, who
had used the Four Hundred Pesos (P400.00) he earlier received to buy shabu. Accused-appellant was
taken into custody, and PO2 Sembran executed an affidavit of arrest. The plastic sachet containing 0.04
gram of white crystalline substance purchased from accused-appellant for P500.00 was marked "EN"
and taken to the Philippine National Police (PNP) Regional Crime Laboratory Office in Camp Florendo,
San Fernando, La Union, for laboratory examination.7 The four marked One-Hundred-Peso bills earlier
given to accused-appellant were no longer with him, but the last P100.00 marked bill later paid to him
was recovered.

PO1 Rosauro Valdez corroborated PO2 Sembran's testimony, narrating how he acted as backup in
connection with the buy-bust operation that led to the arrest of accused-appellant.
The parties agreed to dispense with the testimony of the Chemist, Police Inspector Emelda Besarra
Roderos, who conducted the laboratory examination of the subject drug, considering that the defense
admitted the existence, authenticity and due execution of Chemistry Report Number D-260-2003-U
dated 16 July 2003, showing that the laboratory examination of the drug confiscated from accused-
appellant yielded a positive result for methamphetamine hydrochloride or shabu, a dangerous drug.8

For the defense, accused-appellant took the witness stand.

Accused-appellant denied the accusations against him. He testified that he was employed by a Muslim
named Khadi to sell compact discs (CDs) in a stall located inside the public market of Rosales,
Pangasinan. PO2 Sembran, who introduced himself as a security guard, had previously been buying CDs
from him. One Saturday, the exact date of which he could not recall, PO2 Sembran came at around 8:30
in the morning and bought a battery worth P5.00. On Tuesday of the following week or on 15 July 2003,
PO2 Sembran returned and asked accused-appellant to buy shabu for him saying, "We need that this
evening." He told PO2 Sembran that he did not know anybody selling shabu; nonetheless, PO2 Sembran
left P400.00, which was placed beside him. He took the money, because it might get lost. At around 3:00
o'clock in the afternoon of the same day, PO2 Sembran came back to the stall and waited for him. When
he arrived, he gave to PO2 Sembran what he bought. Accused-appellant admitted, although not certain,
that what he bought was shabu, which he gave to PO2 Sembran. After accused-appellant handed over
the shabu and while he was leaving the place, PO2 Sembran called him back uttering, "Pare, come here,"
and then handcuffed him. PO2 Sembran told him, "Pare, I am a policeman" (pulis ako). On cross
examination, accused-appellant admitted buying the subject shabu in Urdaneta City.

RULING OF THE TRIAL COURT

After hearing, the trial court rendered judgment on the merits. Finding that the prosecution had proven
accused-appellant's guilt beyond reasonable doubt, the RTC promulgated its Decision on 21 June 2004
convicting him of the offense charged, sentencing him to Life Imprisonment, and imposing on him a fine
of P500,000.00, disposing as follows:

WHEREFORE, the Court hereby finds the accused Elly Naelga guilty beyond reasonable doubt of the
crime of illegal sale of Methamphetamine Hydrochloride or "shabu" as charged, defined and penalized
under Article II, Section 5 of Republic Act (RA) No. 9165. Accordingly, he is sentenced to suffer life
imprisonment; to pay a fine of Five Hundred Thousand Pesos (P500,000.00); and, to pay the costs of
suit.9

RULING OF THE COURT OF APPEALS

Accused-appellant appealed the decision of the RTC to the Court of Appeals. On 30 November 2005, the
Court of Appeals rendered a Decision affirming the challenged decision of the trial court, reasoning thus:

[T]here is no rigid or textbook method of conducting buy-bust operations. The choice of effective ways
to apprehend drug dealers is within the ambit of the police authority - police officers have the expertise
to determine which specific approaches are necessary to enforce their entrapment operations. The
court's duty in these cases is to ensure that the rights of the accused have not been violated during buy-
bust operations.
The failure of the police authorities to comply strictly with the Dangerous Drugs Board's Resolution on
the chain of custody of the seized shabu and its preservation, by itself, is not fatal to the prosecution's
case. What is essential or necessary is that after the subject shabu was seized, the same was duly
identified, marked or preserved, and duly submitted to the crime laboratory for examination. x x x.

xxx

x x x We always adhere to the well-entrenched doctrine in our jurisdiction that the findings of facts of
the trial court, its calibration of the collective testimonies of the witnesses, its assessment of the
probative weight of the evidence of the parties as well as its conclusions anchored on said findings are
accorded by the appellate court high respect. In the absence of any showing that a judge's factual
findings were reached arbitrarily or without sufficient basis, these findings are to be received with great
respect by the Supreme Court, and indeed are binding upon it.

Prescinding therefrom, We hold that the court a quo had sufficiently and clearly established both the
factual and legal basis that led to the verdict of conviction of accused-appellant Naelga. The Court a
quo's findings and pronouncement that the police officers who conducted the buy-bust operation
against accused-appellant Naelga, did so pursuant to their lawful exercise of police functions should gain
respect from Us. This is so because the defense miserably failed to produce any contrary evidence that
would show even how remotely it was, that police officers Sembran and Valdez were motivated with
grudge or ill-will to allow injustice to be committed against the person of accused-appellant if their
accusation was fabricated.10

Via a Notice of Appeal,11 accused-appellant elevated the case to this Court, which thereafter resolved to
require the parties to simultaneously file their respective supplemental briefs, if they so desired, within
30 days from notice.12 Both the prosecution and the defense opted to adopt their respective
supplemental briefs filed before the Court of Appeals for purposes of expediency.13

ISSUE

I. THE LOWER COURT GRAVELY ERRED IN GIVING CREDENCE TO THE INCONSISTENT AND
INCREDIBLE TESTIMONIES OF THE PROSECUTION WITNESSES.

II. THE LOWER COURT GRAVELY ERRED IN FINDING THE ACCUSED-APPELLANT GUILTY BEYOND
REASONABLE DOUBT OF THE CRIME CHARGED BASED ON THE DISPUTABLE PRESUMPTION
THAT THE POLICE OFFICERS REGULARLY PERFORMED THEIR OFFICIAL FUNCTIONS.

RULING OF THE SUPREME COURT

We sustain accused-appellant's conviction.

Accused-appellant denies the charges against him and attacks the credibility of the prosecution
witnesses.

The core issue for resolution is the issue of the credibility of the witnesses.
Accused-appellant questions the trial court's reliance on the credibility of the two prosecution witnesses
in convicting him on several grounds. First, material inconsistencies and gross contradictions in the
testimonies of the police officers destroyed their credibility. Second, accused-appellant alleges that the
police officers failed to observe the proper guidelines in securing the chain of custody of the prohibited
drugs; this alleged failure to follow proper procedure raises doubts as to whether the specimen
examined by the forensic chemist and presented in court was indeed the one retrieved from accused-
appellant. Thus, there can be no presumption of regularity.

On the other hand, the Office of the Solicitor General is for sustaining accused-appellant's conviction,
arguing that the alleged inconsistencies are minor and inconsequential and, in fact, do not negate the
occurrence of the buy-bust operation and accused-appellant's involvement.

The instant controversy involves no less than the liberty of accused-appellant. The presumption of
innocence of an accused in a criminal case is a basic constitutional principle, fleshed out by procedural
rules that place on the prosecution the burden of proving that the accused is guilty of the offense
charged by proof beyond reasonable doubt. This being an appeal of a criminal case, opening the entire
case up for review, we have carefully reviewed and evaluated the records and the decisions of the RTC
and the Court of Appeals and find no reason to deviate from their rulings.

At the outset, it should be pointed out that prosecutions involving illegal drugs largely depend on the
credibility of the police officers who conducted the buy-bust operation. Considering that this Court has
access only to the cold and impersonal records of the proceedings, it generally relies upon the
assessment of the trial court.14 This Court will not interfere with the trial court's assessment of the
credibility of witnesses except when there appears on record some fact or circumstance of weight and
influence which the trial court has overlooked, misapprehended, or misinterpreted.15 This rule is
consistent with the reality that the trial court is in a better position to decide the question, having heard
the witnesses themselves and observed their deportment and manner of testifying during the
trial.16 Thus, factual findings of the trial court, its calibration of the testimonies of the witnesses, and its
conclusions anchored on its findings are accorded by the appellate court high respect, if not conclusive
effect, more so when affirmed by the Court of Appeals, as in this case.

A successful prosecution for the illegal sale of dangerous/prohibited drugs must establish the following
elements:

(1) identities of the buyer and seller, the object, and the consideration; and

(2) the delivery of the thing sold and the payment therefor.17

As correctly found by the trial court, accused-appellant was caught in a buy-bust operation. He was
caught in flagrante delicto selling a dangerous drug, methamphetamine hydrochloride or shabu, to PO2
Noe Sembran on 15 July 2003 at the public market of Rosales, Pangasinan, established not only by the
clear, straightforward, and convincing testimony of poseur-buyer PO2 Noe Sembran and corroborated
by PO1 Rosauro Valdez, but also by accused-appellant's testimony.

Accused-appellant himself confirmed and admitted to the occurrence of said transaction. Following his
testimony, he admitted to taking the P400.00 left by PO2 Sembran for the purchase of shabu, thereafter
going to his alleged source in Urdaneta City, and then returning with the shabu to the Rosales Public
Market, and handing the sachet over to PO2 Sembran. The foregoing were not only undisputed but
were, in fact, admitted by accused-appellant himself in his testimony. Thus, there is no denying that the
said transaction indeed took place.

Desperate to get himself absolved from culpability, accused-appellant submits in the alternative that the
facts as presented by the prosecution reveal that the law enforcers, specifically PO2 Sembran, instigated
him to sell shabu. Accused-appellant claims that it was PO2 Sembran who approached and asked him to
buy shabu, leaving the money even if he said he did not know anybody selling shabu.

We find no instigation in this case. The general rule is that it is no defense to the perpetrator of a crime
that facilities for its commission were purposely placed in his way, or that the criminal act was done
upon the "decoy solicitation" of persons seeking to expose the criminal, or that detectives feigning
complicity in the act were present and apparently assisting in its commission. This is particularly true in
that class of cases where the offense is of a kind habitually committed, and the solicitation merely
furnishes evidence of a course of conduct. Mere deception by the detective will not shield defendant, if
the offense was committed by him free from the influence or the instigation of the detective.18

Here, the law enforcers received a report from their confidential informant that accused-appellant was
engaged in illegal drug trade in the public market of Rosales. Poseur-buyer PO2 Sembran then
pretended to be engaged in the drug trade himself and, with the help of his fellow buy-bust operatives,
arrested accused-appellant in the act of delivering the shabu to him. In an entrapment, ways and means
are resorted to for the purpose of trapping and capturing the lawbreakers in the execution of their
criminal plan. In instigation, the instigator practically induces the would-be defendant into the
commission of the offense, and himself becomes a co-principal. Entrapment is no bar to prosecution and
conviction; in instigation, the defendant would have to be acquitted.

A buy-bust operation is a form of entrapment, which in recent years has been accepted as a valid and
effective mode of arresting violators of the Dangerous Drugs Law. In a buy-bust operation, the idea of
committing a crime originates from the offender, without anybody inducing or prodding him to commit
the offense.19 In the case at bar, the buy-bust operation was formed by the police officers precisely to
test the veracity of the tip and in order to apprehend the perpetrator.

While accused-appellant claims that it was PO2 Sembran who approached and asked him to buy shabu
for him, the same cannot be considered as an act of instigation, but an act of "feigned solicitation."
Instigation is resorted to for purposes of entrapment, based on the tip received from the police
informant that accused-appellant was peddling illegal drugs in the public market of Rosales. In fact, it
was accused-appellant who suggested to PO2 Sembran to use shabu; and, despite accused-appellant's
statement that he did not know anybody selling shabu, he still took the money from PO2 Sembran and
directly went to Urdaneta, where he claimed to have bought the illegal drug. Then he returned to the
Rosales public market and gave the drug to PO2 Sembran.

The records of the case disclose that PO2 Noe Sembran, the designated poseur-buyer in the buy-bust
operation, positively identified accused-appellant as the seller of the confiscated shabu. His testimony
was corroborated by PO1 Rosauro Valdez. The object of the corpus delicti was duly established by the
prosecution. The sachet confiscated from accused-appellant was positively identified, marked and
preserved as evidence, and upon laboratory examination yielded positive for shabu.
Accused-appellant's assertion that the police operatives failed to comply with the proper procedure in
the chain of custody of the seized drugs is premised on the idea that non-compliance with the
procedure in Section 21(a), Article II of the Implementing Rules and Regulations of Republic Act No. 9165
creates an irregularity and overcomes the presumption of regularity accorded police authorities in the
performance of their official duties.

The argument fails.

Contrary to appellant's claim, there is no broken chain in the custody of the seized items, later on
determined to be shabu, from the moment of its seizure by the entrapment team, to its delivery to the
investigating officer, to the time it was brought to the forensic chemist at the PNP Crime Laboratory for
laboratory examination. It was duly established by documentary, testimonial, and object evidence,
including the markings on the plastic sachet containing the shabu indicating that the substance tested by
the forensic chemist, whose laboratory tests were well-documented, was the same as that taken from
accused-appellant.

Failure of the buy-bust team to strictly comply with the provisions of said section did not prevent the
presumption of regularity in the performance of duty from applying.20

The procedure for the custody and disposition of confiscated, seized and/or surrendered dangerous
drugs, among others, is provided under Section 21(1), Article II of Republic Act No. 9165:

(1) The apprehending team having initial custody and control of the drugs shall, immediately after
seizure and confiscation, physically inventory and photograph the same in the presence of the accused
or the person/s from whom such items were confiscated and/or seized, or his/her representative or
counsel, a representative from the media and the Department of Justice (DOJ), and any elected public
official who shall be required to sign the copies of the inventory and be given a copy thereof.

Section 21(a), Article II of the Implementing Rules and Regulations of Republic Act No. 9165, which
implements said provision, reads:

(a) The apprehending officer/team having initial custody and control of the drugs shall, immediately
after seizure and confiscation, physically inventory and photograph the same in the presence of the
accused or the person/s from whom such items were confiscated and/or seized, or his/her
representative or counsel, a representative from the media and the Department of Justice (DOJ), and
any elected public official who shall be required to sign the copies of the inventory and be given a copy
thereof; x x x Provided, further, that non-compliance with these requirements under justifiable grounds,
as long as the integrity and the evidentiary value of the seized items are properly preserved by the
apprehending officer/team, shall not render void and invalid such seizures of and custody over said
items.

The above provision further states that non-compliance with the stipulated procedure, under justifiable
grounds, shall not render void and invalid such seizures of and custody over said items, for as long as the
integrity and evidentiary value of the seized items are properly preserved by the apprehending officers.
The evident purpose of the procedure provided for is the preservation of the integrity and evidentiary
value of the seized items, as the same would be utilized in the determination of the guilt or the
innocence of the accused. Its absence, by itself, is not fatal to the prosecution's case and will not
discharge accused-appellant from his crime. 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 instant case, the integrity of the drugs
seized remained intact, and the crystalline substance contained therein was later on determined to be
positive for methamphetamine hydrochloride (shabu).

Before the enactment of Republic Act No. 9165, the requirements contained in Section 21(1) were
already present, per Dangerous Drugs Board Regulation No. 3, Series of 1979. Despite such regulation
and the non-compliance therewith by the buy-bust team, the Court still applied the presumption of
regularity, holding:

The failure of the arresting police officers to comply with said DDB Regulation No. 3, Series of 1979 is a
matter strictly between the Dangerous Drugs Board and the arresting officers and is totally irrelevant to
the prosecution of the criminal case for the reason that the commission of the crime of illegal sale of a
prohibited drug is considered consummated once the sale or transaction is established x x x and the
prosecution thereof is not undermined by the failure of the arresting officers to comply with the
regulations of the Dangerous Drugs Board.21

Assuming arguendo that the presumption of regularity in the performance of official duty will not apply
due to the failure to comply with Section 21(a), the same will not automatically lead to the exoneration
of the accused. Accused-appellant's conviction was based not solely on said presumption, but on the
documentary and real evidence; and, more importantly, on the oral evidence of prosecution witnesses,
whom we found to be credible. One witness is sufficient to prove the corpus delicti - that there was a
consummated sale between the poseur-buyer and the accused - there being no quantum of proof as to
the number of witnesses to prove the same. To emphasize, accused-appellant himself verified in his
testimony that the said transaction took place.

The inconsistencies pointed out by the defense pertaining to whether or not he was already inside the
public market of Rosales at the time the operatives returned, or if the buy-bust team saw him alighting
from a tricycle, is an inconsistency immaterial to the commission of the offense and, thus, cannot affect
the overall credibility of the prosecution witnesses.

The records of the case indicate that after his arrest, accused-appellant was taken into police custody.
After the arrest, the seized item, which had the marking "EN" and alleged to contain shabu, was brought
to the PNP crime laboratory for examination.22 The request for laboratory examination and transfer of
the confiscated sachet to the PNP crime laboratory was prepared by Chief of Police Policarpio C.
Cayabyab, Jr.23 The request indicated that the seized item was delivered by PO3 Resuello, Jr. and
received by Forensic Chemist P/Insp. Emelda Besarra Roderos,24 the same person who conducted
laboratory tests on the substance. The transparent plastic sachet containing a white crystalline
substance was later on determined to be positive for methylamphetamine hydrochloride or shabu.

PO2 Sembran positively identified the plastic sachet containing shabu, which he had bought from
accused-appellant in the buy-bust operation. Thus, the identity of the shabu taken from accused-
appellant had been duly preserved and established by the prosecution. Besides, the integrity of the
evidence is presumed to be preserved, unless there is a showing of bad faith, ill will, or proof that the
evidence has been tampered with. The accused-appellant in this case bears the burden of making some
showing that the evidence was tampered or meddled with to overcome the presumption of regularity in
the handling of exhibits by public officers and the presumption that public officers properly discharged
their duties. There is no doubt that the sachet marked "EN," which was submitted for laboratory
examination and found to be positive for shabu, was the same one sold by accused-appellant to the
poseur-buyer PO2 Sembran during the buy-bust operation.

Finally, accused-appellant's claim that he is a victim of a frame-up is viewed by this Court with disfavor,
because being a victim can easily be feigned and fabricated. There being no proof of ill motive on the
part of the police operatives to falsely accuse him of such a grave offense, the presumption of regularity
in the performance of official duty and the findings of the trial court with respect to the credibility of
witnesses shall prevail over the claim of the accused-appellant.25 While the presumption of regularity in
the performance of official duty by law enforcement agents should not by itself prevail over the
presumption of innocence, for the claim of frame-up to prosper, the defense must be able to present
clear and convincing evidence to overcome this presumption of regularity, which the defense was not
able to proffer.

Accused-appellant was charged with the unauthorized sale and delivery of a dangerous drug in violation
of the provisions of Section 5, Article II of Republic Act No. 9165.

FACTS OF THE CASE

RULING OF THE TRIAL COURT

RULING OF THE COURT OF APPEALS