G.R. No. 186227 Case Digest

G.R. No. 186227, July 20, 2011

People of the Philippines

vs Allen Udtojan Mantalaba

Ponente: Peralta

Facts:

Task Forcer Regional Anti-Crime Emergency Response (RACER) in Butuan City received a report that Mantalaba who was 17 yrs old was selling shabu. After a buy-bust operation, two informations was filed against Mantalaba which was later on consolidated. Mantalaba pleaded not guilty.

RTC found Mantalaba guilty beyond reasonable doubt and was penalized of reclusion perpetua to death and fine of 500k for selling shabu and  (2) for illegally possessing shabu, Mantalaba was penalized, in application of the ISL, 6 yrs and 1 day as minimum and 8 yrs as maximum of prision mayor and fine of 300k. CA affirmed in toto the decision of the RTC. Thus, the present appeal.

Mantalaba: the lower court gravely erred in convicting him and that there was no evidence of actual sale between him and the poser-buyer during the buy-bust operation. He also claims that the chain of custody of the seized shabu was not established.

Issue: Whether Mantalaba is guilty of drug trafficking and possession.

Ruling:

The petition is without merit.

The buy-bust operation was valid, establishing the following: (1) the identity of the buyer and the seller, the object, and the consideration; and (2) the delivery of the thing sold and the payment therefore. From the above testimony of the prosecution witness, it was well established that the elements have been satisfactorily met. The seller and the poseur-buyer were properly identified. The subject dangerous drug, as well as the marked money used, were also satisfactorily presented. The testimony was also clear as to the manner in which the buy-bust operation was conducted.

Non-compliance by the apprehending/buy-bust team with Section 21 is not fatal as long as there is justifiable ground therefor, and as long as the integrity and the evidentiary value of the confiscated/seized items are properly preserved by the apprehending officer/team. Its non-compliance will not render an accused arrest illegal or the items seized/confiscated from him inadmissible.

As to his minority, Mantalaba was minor during the buy-bust operation but was of legal age during the promulgation of the decision. It must be noted that RA 9344 took effect after the promulgation of the RTC's decision against Mantalaba. The RTC did not suspend the sentence in accordance with PD 603 (Child and Youth Welfare Code) and Rule on Juveniles in Conflict with the Law that were applicable at the time of the promulgation of the judgment. However, as ruled in People vs Sarcia, suspension of sentence can still be applied but NOT when the offender upon the promulgation of judgment is 21 yrs old. or older. Mantalaba is now 21 yrs old, therefore his suspension of sentence is already moot and academic.

But as to the penalty, CA must have appreciated Mantalaba's minority as privileged mitigating circumstance in fixing the penalty. Thus, applying the rules stated above, the proper penalty should be one degree lower than reclusion perpetua, which is reclusion temporal, the privileged mitigating circumstance of minority having been appreciated. Necessarily, also applying the Indeterminate Sentence Law (ISLAW), the minimum penalty should be taken from the penalty next lower in degree which is prision mayor and the maximum penalty shall be taken from the medium period of reclusion temporal, there being no other mitigating circumstance nor aggravating circumstance.