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Plaintiff-Appellee Accused-Appellant: People of The Philippines, Salvador P. Javier
Plaintiff-Appellee Accused-Appellant: People of The Philippines, Salvador P. Javier
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution
dated September 22, 2020 which reads as follows:
"G.R. No. 231799 — PEOPLE OF THE PHILIPPINES v. SALVADOR
P. JAVIER
The Case
This appeal assails the Decision 1 dated December 6, 2016 of the Court
of Appeals in CA-G.R. CR-H.C. No. 07949 entitled "People of the Philippines v.
Salvador Javier y Padua" affirming appellant's conviction for violation of
Section 5 and Section 11, Article II of Republic Act No. 9165 (RA 9165) 2 and
violation of Section 28 (a) Republic Act No. 10591 (RA 10591). 3
Proceedings Before the Trial Court
The Charge and Plea
Under separate Informations, appellant Salvador Javier was
respectively charged with violation of Section 28 (a) of RA 10591 (unlawful
possession of firearms and ammunitions) and Section 5 (illegal sale of
dangerous drugs) and Section 11 (illegal possession of dangerous drugs),
Article II of RA 9165, viz.:
CRIM CASE No. 21812-2013-C
That on or about 9 December 2013, in Calamba City, Laguna [,]
Philippines, and within the jurisdiction of this Honorable Court, the
above-named accused, without any authority of law, did then and
there willfully, unlawfully and feloniously have in in his possession,
custody and control one [1] improvised shotgun and five (5) pieces
12-gauge live ammunitions, in violation of the aforementioned law.
CRIM CASE No. 21813-2013-C
That on or about 9 December 2013, in Calamba City, Laguna[,]
Philippines, and within the jurisdiction of this Honorable Court, the
above-named accused, without any authority of law, did then and
there willfully, unlawfully and feloniously have in his possession,
custody and control one (1) piece heat-sealed transparent plastic
sachet containing Methamphetamine Hydrochloride, otherwise known
as "shabu," a dangerous drug, weighing 0.08 gram, in violation of the
aforementioned law.
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CRIM CASE No. 21814-2013-C
That on or about 9 December 2013, in Calamba City, Laguna[,]
Philippines, and within the jurisdiction of this Honorable Court, the
above-named accused, without any authority of law, did then and
there willfully, unlawfully and feloniously sell and deliver to a poseur
buyer [one] (1) piece heat-sealed transparent plastic sachet
containing Methamphetamine Hydrochloride, otherwise known as
"shabu," a dangerous drug, weighing 0.10 gram, in violation of the
aforementioned law.
On arraignment, appellant pleaded not guilty to all charges. Joint trial
ensued.
Prosecution's Version
SPO1 Apolinario C. Naredo, Jr. (SPO1 Naredo, Jr.) testified that on
December 9, 2013, he received information that a certain Dodie later
identified as appellant was selling illegal drugs at Sitio Villa Silangan, Brgy.
Canlubang, Calamba City. On the basis of this information, Police Senior
Inspector (P/S Insp.) Rogel Sarreal (P/S Insp. Sarreal) formed a buy-bust
operation on appellant. The buy-bust team was composed of SPO1 Naredo,
Jr. as poseur buyer, PO2 Cuevas, PO2 Requinto, Police Insp. Sarreal, and PO3
Castillo as members. P/S Insp. Sarreal gave SPO1 Naredo, Jr. The buy-bust
money consisted of three (3) One Hundred Peso bills.
After coordinating with the Philippine Drug Enforcement Agency
(PDEA), the buy-bust team proceeded to the target area. There, SPO1
Naredo, Jr. and the confidential informant met appellant. The confidential
informant introduced SPO1 Naredo, Jr. to appellant as his friend. Appellant
asked SPO1 Naredo, Jr. how much drugs he wanted to buy, to which the
latter replied Three Hundred Pesos (P300.00). Appellant then invited SPO1
Naredo, Jr. and the confidential informant inside his house. Once inside, he
asked SPO1 Naredo, Jr. again how much drugs he intended to buy. SPO1
Naredo, Jr. repeated Three Hundred Peso (P300.00) worth. Appellant stepped
out of his house to fetch something. While appellant was outside, SPO1
Naredo, Jr. noticed an improvised shotgun on top of a cabinet inside the
house.
After a few minutes, appellant returned. He asked SPO1 Naredo, Jr.
once again how much drugs he wanted to buy. SPO1 Naredo, Jr. confirmed
his previous answer and handed appellant the buy-bust money worth Three
Hundred Pesos (P300.00). In exchange, appellant gave SPO1 Naredo, Jr. a
small plastic sachet containing white crystalline substance. SPO1 Naredo, Jr.
called P/S Insp. Sarreal to inform him that the sale had been consummated.
When the rest of the buy-bust team arrived, SPO1 Naredo, Jr. arrested
appellant. He frisked appellant and recovered from the latter the buy-bust
money and another plastic sachet containing white crystalline substance
from his pocket. SPO1 Naredo, Jr. also confiscated the improvised shotgun
loaded with ammunitions he found on top of the cabinet inside appellant's
home.
SPO1 Naredo, Jr. marked the confiscated items inside appellant's
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home. The team later went to the barangay hall where they did the
inventory in the presence of Barangay Councilor Larry Marasigan. PO2
Cuevas took pictures during the inventory. Thereafter, the team returned to
the police station where the request for laboratory examination was
prepared.
SPO1 Naredo, Jr. brought the specimens and request for examination to
the Regional Crime Laboratory Office, Camp Vicente Lim, Calamba City. The
same were received by PO1 Durwin who turned them over to Forensic
Chemist Police Chief Inspector (PCI) Donna Villa P. Huelgas (PCI Huelgas).
Both the defense and the prosecution stipulated on the qualifications of
Forensic Chemist PCI Huelgas and the fact that she received the specimens
which she tested and found positive for methamphetamine hydrochloride, a
dangerous drug. They also stipulated that she reduced her findings in
Chemistry Report No. D-892-13.
The prosecution further submitted a Certification dated March 30, 2015
issued by the Philippine National Police Firearms and Explosives Office Civil
Security Group that appellant was not a licensed or registered firearm
holder.
Defense's Version
Appellant, on the other hand, testified that on December 9, 2013,
around 4 o'clock in the afternoon, he was at the back of his house selling fish
balls with his wife when a white van suddenly arrived. Six (6) persons
alighted from the vehicle and introduced themselves as police officers. They
handcuffed him and asked where his house was. Four (4) of the men
searched his house while the two (2) ordered him to bring out the shabu .
When he failed to bring out any shabu, he got punched in his stomach. The
police officers brought him to the barangay hall where one of the police
officers brought out things and declared that the same were seized from
him. Thereafter, he was brought to the police station.
Maximo Dela Cruz, appellant's neighbor, corroborated the latter's
testimony.
The Ruling of the RTC
By Judgment 4 dated November 16, 2015, the trial court rendered a
verdict of conviction, thus:
IN VIEW OF THE FOREGOING , in Criminal Case No. 21812-
2013-C, the Court finds the accused, SALVADOR JAVIER y PADUA ,
GUILTY BEYOND REASONABLE DOUBT of violation of Section 28 (a) of
Republic Act 10591. He is hereby sentenced to suffer the
indeterminate penalty of imprisonment of SIX (6) YEARS and EIGHT
(8) MONTHS, as minimum, to SEVEN (7) YEARS AND FOUR (4)
MONTHS, as maximum.
In Criminal Case No. 21813-2013-C, the Court finds the
a c c u s e d , SALVADOR JAVIER y PADUA , GUILTY BEYOND
REASONABLE DOUBT of violation of Section 11, paragraph 2(3),
Article II of Republic Act 9165. He is hereby sentenced to suffer the
indeterminate penalty of imprisonment of TWELVE (12) YEARS and
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ONE (1) DAY, as minimum, to FOURTEEN (14) YEARS, as maximum,
and to PAY A FINE of THREE HUNDRED THOUSAND (P300,000.00)
PESOS.
In Criminal Case No. 21814-2013-C, the Court finds the
a c c u s e d , SALVADOR JAVIER y PADUA , GUILTY BEYOND
REASONABLE DOUBT of violation of Section 5, Article II of Republic
Act 9165. The accused is hereby sentenced to suffer the penalty of
LIFE IMPRISONMENT and TO PAY A FINE OF FIVE HUNDRED
THOUSAND (P500,000.00) PESOS.
xxx xxx xxx
SO ORDERED. 5
The trial court gave full credence to the testimony of the prosecution
witness who was a police officer performing official functions. The trial court
found the chain of custody to have been duly established and, thus, rejected
appellants' denial and theory of frame up.
The Proceedings Before the Court of Appeals
On appeal, appellants faulted the trial court for rendering the verdict of
conviction allegedly despite 1) the prosecution's failure to prove the
elements of illegal sale of drugs, illegal possession of dangerous drugs, and
unlawful possession of firearms and ammunitions 2) the alleged procedural
omissions during the buy-bust operation: a) the absence of media and
Department of Justice (DOJ) representatives during the inventory and
photographing of the seized items; and b) the fact that the inventory and
photographing were done at the barangay hall, not at the place of arrest.
For its part, the People, through the Office of the Solicitor General
(OSG), countered, in the main: 1) the elements of illegal sale of drugs, illegal
possession of dangerous drugs, and unlawful possession of firearms and
ammunitions were all proven; 2) there was substantial compliance with the
chain of custody rule; and, 3) the presumption of regularity in the
performance of the police officers' official functions prevails over appellant's
bare denial and theory of frame up.
The Ruling of the Court of Appeals
In its assailed Decision 6 dated December 6, 2016, the Court of Appeals
affirmed with modification, thus:
WHEREFORE, premises considered, the instant appeal is
hereby DENIED. The Judgment dated November 16, 2015 of the
Regional Trial Court (RTC), Branch 37, Calamba City in Criminal Case
Nos. 21812-2013-C, 21813-2013-C and 21814-2013-C is AFFIRMED
with MODIFICATION in that the crime of illegal possession of
firearm, accused-appellant Salvador Javier y Padua is meted the
indeterminate sentence of six (6) years and eight (8) months of
prision mayor in its minimum period, as minimum, to nine (9) years
and four (4) months of prision mayor in its medium period, as
maximum.
SO ORDERED. 7
by:
Footnotes
1. Penned by Associate Justice Ramon R. Garcia with the concurrence of Associate
Leoncia R. Dimagiba and Associate Justice Jhosep Y. Lopez, rollo, pp. 2-23.
2. Comprehensive Dangerous Drugs Act of 2002.
3. Comprehensive Firearms and Ammunition Regulation Act.
4. Penned by Presiding Judge Caesar C. Buenagua, CA rollo, pp. 14-31.
5. Id. at 30-31.
6. Rollo , pp. 2-23.
7. Id. at 22.
8. Id. at 31-33.
9. Id. at 36-38.
10. People v. Barte, 806 Phil. 533, 542 (2017).
11. People v. Balibay , 742 Phil. 746, 753 (2014).
12. People v. Dela Torre , G.R. No. 225789, July 29, 2019.
13. Id.
14. Id.
23. People v. Villojan, Jr., G.R. No. 239635, July 22, 2019.
24. De Guzman v. People, G.R. No. 240475, July 24, 2019.
25. Id.