G.R. No 184599
People vs.Ted Miguel Batoon and Melchor
Miguel Batoon
November 24, 2010
Facts:
Accused-appellants
Teddy Batoon and Melchor Batoon were found guilty of violating Sections 5 and
11 of Republic Act No. (RA) 9165 or the Comprehensive Dangerous Drugs Act of 2002 after they sold a sachet to a poseur-buyer
in a buy-operation and after 3 more sachets were found in their possession.
Teddy and
Melchor appealed the decision, questioning the chain of custody over the
alleged confiscated prohibited drugs and Melchor’s conviction for illegal
possession of shabu.
Ruling:
In a
prosecution for illegal sale of dangerous drugs, the following elements must be
established: (1) proof that the transaction or sale took place; and (2) the
presentation in court of the corpus delicti or the illicit drug as evidence.
The Court
held that the buy-bust operation was valid and that there had been no showing
in the records that the chain of custody was broken.
For
conviction of illegal possession of a prohibited drug to lie, the following
elements must be established: (1) the accused was in possession of an item or
an object identified to be a prohibited or regulated drug; (2) such possession
is not authorized by law; and (3) the accused was freely and consciously aware
of being in possession of the drug. Although the three sachets containing shabu were
found solely in the possession of Teddy, it was evident that Melchor had
knowledge of its existence. Records regarding the transaction between the poseur-buyer, Teddy
and melchor showed that the accused-appellants conspired in the
illegal-business of drugs.
Proof
beyond reasonable doubt against accused-appellants were held to have been
successfully adduced.
