In People v. Aspa, Jr., the Supreme Court affirmed the conviction of Domingo Aspa, Jr. for selling marijuana, emphasizing the importance of properly conducted buy-bust operations and the preservation of evidence. This case clarifies that while strict adherence to procedural guidelines is preferred, the primary concern is maintaining the integrity and evidentiary value of the seized drugs. The ruling reinforces the idea that minor deviations from the standard chain of custody do not automatically invalidate a conviction if the evidence presented sufficiently proves the illegal sale and the identity of the drug.

Undercover Sting: Did Police Follow Proper Procedures in Drug Bust?

The case began with a confidential informant reporting Domingo Aspa, Jr. to the Vigan City Police for selling marijuana. Acting on this tip, the police organized a buy-bust operation. PO1 Italin, acting as the poseur-buyer, along with the informant, approached Aspa near the Vigan Public Market. According to the prosecution, Aspa handed over three sachets of marijuana to the informant in exchange for marked money. Immediately after the transaction, Aspa was arrested. At the scene, the police inventoried and marked the recovered evidence in the presence of Aspa, members of the media, and a local councilor. The seized items were then taken to the Crime Laboratory where forensic analysis confirmed they contained marijuana.

Aspa, however, presented a different narrative. He claimed that he was merely helping a fellow pedicab driver procure marijuana and was apprehended shortly after. He argued that the police failed to follow proper procedures in handling the evidence, particularly the absence of a Department of Justice (DOJ) representative during the inventory. The Regional Trial Court (RTC) found Aspa guilty, a decision upheld by the Court of Appeals (CA). Aspa then elevated the case to the Supreme Court, challenging the validity of the buy-bust operation and the integrity of the evidence.

The Supreme Court emphasized the legitimacy of buy-bust operations as a form of entrapment, stating that they are a recognized method for apprehending individuals involved in drug dealings. The Court reiterated that the essential elements for a conviction in illegal drug sale cases are the identification of the buyer and seller, the object of the sale, the agreed consideration, and the actual delivery of the items, as well as payment. The prosecution must also present the corpus delicti, the body of the crime, in court as evidence. In this case, the Court found that the prosecution had adequately established all these elements through the testimonies of the police officers and the presentation of the seized marijuana.

The commission of the offense of illegal sale of dangerous drugs requires merely the consummation of the selling transaction, which happens the moment the buyer receives the drug from the seller. The crime is considered consummated by the delivery of the goods. People v. Dumlao, 584 Phil. 732, 738 (2008).

Regarding Aspa’s argument concerning the absence of a DOJ representative during the inventory, the Supreme Court acknowledged the procedural lapse but emphasized that this alone does not invalidate the seizure or render the evidence inadmissible. The Court cited several cases to support the view that the primary concern is the preservation of the integrity and evidentiary value of the seized items. Specifically, the Court referenced People v. Dasigan, where it was stated:

The most important factor is the preservation of the integrity and the evidentiary value of the seized items as they will be used to determine the guilt or innocence of the accused. Hence, the prosecution’s failure to submit in evidence the physical inventory and photograph of the seized drugs as required under Article 21 of R.A. No. 9165, will not render the accused’s arrest illegal or the items seized from him inadmissible.

The Court explained that the requirements of marking, inventory, and photography of seized items are considered police investigation procedures. The Court noted, “non-observance of such Police administrative procedures should not affect the validity of the seizure of the evidence, because the issue of chain of custody is ultimately anchored on the admissibility of evidence, which is exclusively within the prerogative of the courts to decide in accordance with the rules on evidence“.

The Supreme Court underscored that the presence of a media representative and a barangay official during the inventory helped ensure the credibility of the buy-bust operation. The Court was satisfied that the identity and probative value of the seized marijuana were not compromised. The chain of custody was sufficiently established through the testimonies of the police officers and the forensic chemist, PSI Roanalaine B. Baligod, who confirmed that the seized items tested positive for marijuana. The prosecution’s evidence showed the continuous and unbroken possession and subsequent transfers of the drug specimens.

In contrast to the prosecution’s evidence, Aspa’s defense relied on a simple denial. The Court reiterated that denials are inherently weak and cannot prevail over the positive identification by credible witnesses. The Court stated: “His bare denial, therefore, cannot prevail over such positive identification made by the said prosecution witnesses who harbored no ill-will against him”. The Court also observed that Aspa himself admitted he had no prior contact with the police officers and could not explain why they would falsely accuse him.

The Supreme Court ultimately upheld Aspa’s conviction, but it also addressed a technical point regarding the imposed penalty. The RTC and CA decisions included the phrase “without eligibility for parole” in the sentence. The Supreme Court, citing A.M. No. 15-08-02-SC, clarified that this phrase is unnecessary for indivisible penalties like life imprisonment. Parole is only relevant for divisible penalties. Therefore, the Court modified the decision to remove the phrase, affirming the life imprisonment sentence and the fine of P500,000.00.

FAQs

What was the key issue in this case?	The key issue was whether the conviction for the illegal sale of dangerous drugs was valid, despite the alleged irregularities in the conduct of the buy-bust operation and the handling of the seized evidence. The Court addressed whether the absence of a DOJ representative during the inventory invalidated the arrest and the evidence.
What is a buy-bust operation?	A buy-bust operation is a legitimate law enforcement technique where police officers pose as buyers of illegal drugs to catch drug dealers in the act of selling. It is a form of entrapment that is recognized and accepted in Philippine jurisprudence.
What is chain of custody in drug cases?	Chain of custody refers to the chronological documentation of the seizure, transfer, and analysis of evidence to ensure its integrity and authenticity. This includes detailed records of who handled the evidence, when, and where, to prevent contamination or tampering.
What happens if the police don’t follow procedure?	While strict adherence to procedure is preferred, the Supreme Court has held that deviations do not automatically invalidate the seizure of evidence or the arrest of the accused. The key is whether the integrity and evidentiary value of the seized items have been preserved.
Why was Domingo Aspa, Jr. found guilty?	Aspa was found guilty because the prosecution presented sufficient evidence to prove that he sold marijuana to a poseur-buyer during a legitimate buy-bust operation. The police officers positively identified him, and the seized drugs tested positive for marijuana.
What was the role of the confidential informant?	The confidential informant provided the initial tip to the police about Aspa’s drug-selling activities and acted as the poseur-buyer, facilitating the drug transaction with Aspa during the buy-bust operation.
What is the significance of marking the seized drugs?	Marking the seized drugs immediately after seizure is crucial to ensure that the items presented in court are the same ones confiscated from the accused. This helps maintain the integrity and identity of the evidence throughout the legal proceedings.
What was the penalty imposed on Aspa?	Aspa was sentenced to life imprisonment and ordered to pay a fine of Five Hundred Thousand Pesos (P500,000.00) for violating Section 5, Article II of Republic Act No. 9165, also known as the Comprehensive Dangerous Drugs Act of 2002.

People v. Aspa, Jr. underscores the delicate balance between enforcing drug laws and protecting individual rights. Law enforcement officers must adhere to proper procedures in conducting buy-bust operations and handling evidence, while courts must ensure that the integrity and evidentiary value of seized items are maintained throughout the legal process. The case highlights that technical lapses do not automatically warrant acquittal if the prosecution can demonstrate a clear and unbroken chain of custody and the identity of the seized drugs.

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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, PLAINTIFF-APPELLEE, VS. DOMINGO ASPA, JR. Y RASIMO, ACCUSED-APPELLANT., G.R. No. 229507, August 06, 2018