37. People v. Gamata, G.R. No.

205202, June 9, 2014

FACTS
Makati Anti-Drug Abuse Council (MADAC) conducted a buy-bust operation against Nenita Gamata and 3 others
They approached her and looked for Jun but Nenita insisted she have drugs to sell. After exchanging the small
packet of shabu, the team apprehended Nenita.
Nenita defended that she just finished taking a bath when a group of armed men looked for her brother. After she
told them that she does not know Jun’s whereabouts, they began searching the house, she was handcuffed and was
taken to the van.
RTC: sustained the prosecution and Nenita’s denial and alibi were rejected.
CA: denied Nenita’s appeal.

ISSUES
1. Whether the identity of the drugs seized from Nenita was not proved beyond reasonable doubt because the
prosecution failed to supply all the links in the chain of their custody;
2. Whether the failure of the police officers to comply with the procedure of the preparation of the inventory and
taking of photographs of the seized items affected the evidentiary weight of the seized items.

HELD
1.NO, illegal sale of prohibited drugs is consummated at the moment the buyer receives the drug from the seller.
2. NO, the chain of custody of the corpus delicti or the illegal drug itself was shown to be unbroken.