G.R. No.

216632 March 13, 2019

AUGUSTO L. REGALADO, Petitioner
vs.
PEOPLE OF THE PHILIPPINES, Respondent
__________________________________________________________

FACTS:

Through a buy-bust operation of a five (5) Policemen,

Petitioner was caught to have marijuana in his possession. The
poseur-buyer was PO1 Pedrigal who, allegedly, bought marijuana
from the petitioner. Upon consummation of the transaction, PO1
Pedrigal and his companions immediately seized the petitioner
wherein the latter also admitted that there were more and pointed
where they were hidden. PO1 Pedrigal kept all the confiscated
pieces of evidence. He marked such evidences at the police station,
subsequently; PO2 Llante brought them to the crime laboratory for
examination and was confirmed to be marijuana.

RTC found petitioner guilty of violating Article II, Section 11 of

R.A. No. 9165.

On appeal, petitioner argues that the trial court erred when it

appreciated the evidence despite the apprehending team’s failure
to prove the integrity and identity of the seized items. However, CA
denied the appeal and affirmed the RTC’s Decision.

Thus, Regalado filed Petition for Review on Certiorari.

ISSUE:

Whether or not, Petitioner Regalado is guilty of Illegal

Possession of Dangerous Drugs.

RULING OF THE COURT:

The court denied the petition, affirming the Decision of the

Court of Appeals.
 The findings of the trial court, when affirmed by the CA, are
given great weight and credence on review. The trial court is in
best position to assess the credibility of witnesses and their
testimonies.

For a person to be convicted for illegal possession of

dangerous drugs, the elements are: 1) the accused was in possession
of an item or an object identified to be 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.

The testimonies of the law enforcers who conducted the buy-

bust operation are clear and categorical. Ultimately, petitioner’s
free and conscious possession of the dangerous drug has been
established, warranting his conviction.

However, the court laments the prosecution’s apparent

nonchalance in observing the procedure for the custody and
disposition of confiscated items. Nonetheless, police officers are
reminded that neglecting simple rules in the conduct of a buy-bust
operation cast doubt on the integrity of the seized items and can be
fatal to the prosecution’s cause.