"[F]or the law holds, that it is better that ten guilty persons escape, than that one innocent suffer. "^[1]

[Criminal Case No. 2011-904]

That on September 15, 2011, at around 9:00 in the evening, more or less, at Barangay 26, Cagayan de Oro City, Philippines, and within the jurisdiction of this Honorable Court, the said accused, and without being authorized by law to possess or use any dangerous drug, did then and there willfully, unlawfully, criminally and knowingly have in his possession, custody and control one (1) heat-sealed transparent plastic sachet containing white crystalline substance of methamphetamine hydrochloride, locally known as shabu, a dangerous drug, weighing 0.08 gram, accused well-knowing that what was recovered from his possession and/or control is a dangerous drug, that after screening and confirmatory tests conducted by the Philippine National Police (PNP) Regional Crime Laboratory, Office-10, Camp Evangelista, Patag, Cagayan de Oro City, of the recovered item from accused's possession and control, the same was found positive of the presence of Methamphetamine Hydrochloride (shabu), a dangerous drug.

Contrary to and in violation of Section 11, Article 2, of R.A. 9165.^[7]

[Criminal Case No. 2011-905]

That on September 15, 2011, at around 9:00 in the evening, more or less, at Barangay 26, Cagayan de Oro City, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, conspiring, confederating, and mutually helping each other, without being authorized by law to sell, deliver, and give away to another, any dangerous [drug], did then and there willfully, unlawfully, and criminally sell to a confidential informant of the Philippine Drug Enforcement Agency, Region 10, Cagayan de Oro City who acted as a poseur-buyer, one (1) piece heat-sealed transparent plastic sachet containing white crystalline substance of methamphetamine hydrochloride, locally known as shabu, a dangerous drug, with a net weight of 0.04 gram, in consideration of Php 500.00, which after a confirmatory test conducted by the PNP Crime Laboratory, was found positive of the presence of methamphetamine hydrochloride, both accused knowing the same to be a dangerous drug.

Contrary to the afore-cited law.^[8]

On the evidence of the fact of arrest and elements of the offenses charged, the prosecution presented IO3 Rubietania Aguilar (Aguilar for brevity), IO2 Vincent Cecil Orcales (Orcales for brevity), and IAI Rodolfo dela Cerna (dela Cerna for brevity). Their testimonies showed that on September 5, 2011 at about 6:00 o'clock in the evening[, a] female confidential informant (CI for brevity) "handled" by dela Cerna, came to the PDEA office and gave an information that an "alias Bebeng" (or hereinafter Dy) is engaged in selling illegal drugs. Dela Cerna already learned from other reports about the drug activities of Dy and x x x [Cepeda] from other PDEA agents even before his own asset gave such information to him.

Dela Cerna relayed the information he received to their Regional Director who then instructed dela Cerna to form and lead a team for the conduct of a buy[-]bust operation. Orcales was designated as the poseur[-]buyer and Aguilar as the arresting officer. The necessary documents were then prepared x x x. A camera was also prepared. The buy[-]bust money was given to Orcales before the team composed of about eight (8) members including the CI, left the PDEA office at about 9:00 o'clock in the evening to proceed to the area of the operation using their unmarked Toyota Innova vehicle.

Upon nearing the target area which is somewhere along Osmena^[10] Extension and just near Mindanao University of Science and Technology (MUST), Orcales and the CI alighted and walked their way to the house of their target. The rest of the team stayed in the vehicle to wait for the pre­arranged signal which is a missed call to be made by Orcales. The house of their target is not visible from the spot where the vehicle was parked.

The CI led Orcales to a wooden two-storey [house] where the CI then called out "Bebeng" (Dy). Dy appeared at the small terrace on the second floor just right outside the main door, and invited the CI and Orcales to come upstairs. The CI appeared to be a friend of "Bebeng", and Orcales just stayed behind the CI when the two of them went upstairs. Upon reaching Dy, the CI introduced Orcales to Dy as a friend who wanted to buy shabu worth Php500.00. She then called out "Loloy" (or hereinafter Cepeda) who came out from the end room of the house.

When Cepeda reached Dy, he got a sachet of shabu from his left pocket and handed it to Orcales who extended his hand to receive the sachet. The CI and Dy continued their casual talk for a little more time after which the CI and Orcales went down the house. Upon reaching the ground, Orcales made a missed call to Aguilar. When Aguilar received the missed call, she informed the rest of [the] team, and they all rushed to the house of Bebeng taking them about three minutes to reach the area which was about 150 meters away from the place where they parked the vehicle. The way to the house of Dy and Cepeda was a narrow pathway on the side of the big drainage beside MUST, and one has to be careful or be in danger of falling in the canal.

They met Orcales along the way upon nearing the house of Bebeng and Orcales joined the team in going to the house of Bebeng but he (Orcales) instructed his CI to hide herself. The agents with Cardona leading the way, went straight to the second floor where the main entrance door was already slightly open. Upon entering the house, they immediately saw Dy and Cepeda, and the agents then introduced themselves. Orcales himself pointed to the team "Bebeng" (Dy) and "Loloy" (Cepeda). Dy had no reaction, but Cepeda ran inside the room. The agents immediately went after Cepeda and upon entering the room, they saw him throwing something but they could not locate the spot where it landed because it was nighttime and the room was dimly lighted. Dela Cerna and two other agents exerted efforts to find the object which Cepeda may have thrown with the aid of a flashlight attached to the rifle of dela Cerna, but they failed to find anything.

They arrested Cepeda and searched his body and they discovered from his right pocket the buy[-]bust money and in the left pocket another sachet of shabu. They also seized one (1) lighter, improvised needle, some pieces of aluminum foils (sic) which they found on top of a table in the sala. The said items were then gathered in one cellophane which was marked by Aguilar "RLA". Orcales marked the sachet he bought "BB-VCO" and turned over the said sachet to Aguilar. Aguilar also marked with her initials the sachet recovered from the pocket of Cepeda.

Before conducting the inventory, they called for the presence of a barangay kagawad and a mediaman from Bombo Radyo, and upon their arrival, Aguilar conducted an Inventory at the crime scene of x x x the seized items witnessed by a barangay kagawad and media personality while pictures were being taken. x x x^[11]

Accused William Cepeda and Loren Dy, who claimed to be husband and wife, both took the witness stand to deny the charges in these two cases. According to them, on September 5, 2011 at around 8:00 o'clock in the evening, they were in their house at Osmena Extension, Cagayan de Oro City. The house they were living (sic) is a two-storey house, but they are occupying only the second floor. At that time, Cepeda and Dy were already lying down in their bedroom while watching television. Also inside the room was their daughter-in-law Elda Ubanan, and the latter's baby, while their other children already entered their respective rooms.

While watching television, they felt the house shaking and they heard thudding sounds and they sensed that there were many people going upstairs. Cepeda peeped through the window to find out what was going on outside, and he saw somebody (they came to know later as dela Cerna) entering the house through the window of the room of his son Werlan Cepeda and the latter's wife Jenny Sumagang Cepeda, who were already lying down. Cepeda also saw armed persons kicking the door of their house uttering in a loud voice, "PDEA ni, raid ni" (We are PDEA agents, this is a raid). Cepeda followed by Dy went to the bedroom of their son and upon entering the room, Cepeda saw his son already handcuffed and ordered not to move, while the persons who were kicking the main door successfully destroyed the lock of the door and entered the house.

When the armed persons, some in civilian clothes and others in clothes with PDEA print, were already inside, and they appeared to be looking for someone. They asked Cepeda if anyone was occupying the second floor, and Cepeda answered only his family. The man asked Cepeda his name and the latter answered he is "Loloy", but the man poked his gun at Cepeda and ordered him to lie face down on the floor. Cepeda asked what offense he had committed, and also demanded to see a search warrant, but a lady (accused came to know later as Aguilar) in the company of the group berated him saying, "keep quiet or else I will empty the bullets of my gun in your body". Upon hearing the threat, Cepeda stopped complaining, and he was then handcuffed at his back. Cepeda was bodily searched and was made to remove his pants.

The armed persons then searched all the rooms in the house for about two hours from 9:00 o'clock in the evening to 11:00 o'clock in the evening, by themselves without allowing any of the occupants of the house to witness the search. Cepeda did not know if they recovered any items during the search because they never showed anything to him. When the armed persons came out of the rooms, Cepeda noticed that they were taking pictures but he was not aware what they were photographing because Cepeda was all the time lying face down on the floor handcuffed. They waited for the barangay kagawad who finally arrived at past 11:00 o'clock in the evening, Kagawad Alberto Adecer together with Barangay Tanod Delos Santos. Cepeda overheard the kagawad saying, "so the raid was over", and a piece of paper was handed by Aguilar to [K]agawad Adecer and Tanod delos Santos for them to sign. Kagawad Adecer and x x x Tanod delos Santos were reluctant to sign x x x because according to them they were not present during the incident, but Aguilar prevailed upon them to just sign the piece of paper. After the signing, Cepeda and Dy were brought to the PDEA office. At the office, Cepeda pleaded that he be submitted for a drug test, but his plea was ignored.

When the barangay officials arrived, Werlan Cepeda tried to plead with them as to why he (Werlan) was also being handcuffed, but dela Cerna pulled Werlan away and brought him downstairs. Werlan was being talked out (sic) by Dela Cerna to admit that they were selling shabu so that he would be released, but Werlan was steadfast that they were not selling shabu. Before the PDEA left together with the two accused, Werlan was released but was warned that they will just bring their parents (accused) first and will just come back for him (Werlan), as they (PDEA) are not yet finished.

Cepeda and Dy came to know the names of some of the persons who forcibly entered [their] house to be Aguilar, dela Cerna, and Orcales, when the said persons took the witness stand. They claimed that the testimonies [of] the prosecution witnesses relative (sic) to a woman who is familiar with Dy and to which Dy had a conversation at about 9:00 o'clock in the evening of September 5, 2011 is a lie, as no such woman talked to Dy during the time mentioned. Cepeda saw Orcales for the first time only when Orcales took the witness (sic) to testify in these cases. When the PDEA entered the house, Dy was washing clothes. [Cepeda] was handcuffed and made to lie face down on the floor while Dy was also handcuffed and made to sit on the bed crying. Cepeda was bodily searched for three times, the first was immediately after the PDEA entered the house, the second was when he was lying face down on the floor inside their bedroom, and the third was when they came back to his (Cepeda) room after their search in the other rooms. Dy was also searched but nothing was found from her body.

The only items they discovered was the income of Cepeda from his driving consisting of P1.00, P5.00 and P10.00, and the latter's license, and there was not even a P100.00 bill as his income as motorela driver do (sic) not even reach Php500.00 a day. He was not selling shabu because he had no shabu. His family is being helped financially by his sister-in-law in Australia who is sending them Php3,000.00 to Php3,500.00 a month. The motorela he was driving was given to him, and he had to gather and budget the daily income, and appropriate it only every Sunday. He pays the electric and water bills, and the rest of the motorela earning is sufficient for them to survive a simple living.

The testimony of Aguilar that the P500.00 buy[-]bust money and a sachet of shabu were recovered from his pocket was a lie. The testimony of Orcales that Cepeda is selling shabu is also a lie. As to the reason why the PDEA agents would arrest them, he could recall a previous incident where their neighbor was arrested and the neighbor got mad at them (Cepeda) because they suspected his (Cepeda) son was the one who caused the arrest. The neighbor shouted at them (Cepeda) saying that there will be a time that all of them will also be arrested. Cepeda revealed that the said neighbor had a relative working with the PDEA, which they discovered at the time Cepeda and Dy were already at the PDEA office after their arrest in this case. A woman thereat whom he does not know revealed to them that the Masibas' are her relatives.

The testimonies of both accused were corroborated by Jenny Sumagang Cepeda, Elda Ubanan, and Werlan Cepeda.^[12]

WHEREFORE, premises considered, this Court hereby finds that:

1. In Criminal Case No. 2011-904, accused WILLIAM CEPEDA y  DULTURA  is  GUILTY  beyond  reasonable doubt of the crime defined and penalized under Section 11, Article II of R.A. 9165, and hereby imposes the penalty of imprisonment ranging from Twelve [12] years and one [1] day to Thirteen [13] years, and to pay a Fine in the amount of P300,000.00 without subsidiary imprisonment in case of non-payment of Fine;
   
   
2. In Criminal Case No. 2011-905, accused WILLIAM CEPEDA y DULTURA and LOREN DY y SERO are GUILTY beyond reasonable doubt of the crime defined and penalized under Section 5, Article II of R.A. 9165, and hereby imposes the penalty of LIFE imprisonment and for each to pay a Fine in the amount of P500,000.00 without subsidiary imprisonment in case of non-payment of Fine;

The sachets of shabu are hereby confiscated to be destroyed in the manner provided for by law.

SO ORDERED.^[13] (Emphasis in the original)

FOR THESE REASONS, the consolidated Judgment in Criminal Case Nos. 2011-904 and 2011-905 appealed from is AFFIRMED in toto.

SO ORDERED.^[16]

SEC. 21. Custody and Disposition of Confiscated, Seized, and/or Surrendered Dangerous Drugs, Plant Sources of Dangerous Drugs, Controlled Precursors and Essential Chemicals, Instruments/Paraphernalia and/or Laboratory Equipment. – The PDEA shall take charge and have custody of all dangerous drugs, plant sources of dangerous drugs, controlled precursors and essential chemicals, as well as instruments/paraphernalia and/or laboratory equipment so confiscated, seized and/or surrendered, for proper disposition in the following manner:

(1) The apprehending team having initial custody and control of the drugs shall, immediately after seizure and confiscation, physically inventory and photograph the same in the presence of the accused or the person/s from whom such items were confiscated and/or seized, or his/her representative or counsel, a representative from the media and the Department of Justice (DOJ), and any elected public official who shall be required to sign the copies of the inventory and be given a copy thereof[.] (Emphasis supplied)

(a)

The apprehending officer/team having initial custody and control of the drugs shall, immediately after seizure and confiscation, physically inventory and photograph the same in the presence of the accused or the person/s from whom such items were confiscated and/or seized, or his/her t representative or counsel, a representative from the media and the Department of Justice (DOJ), and any elected public official who shall be required to sign the copies of the inventory and be given a copy thereof: Provided, that the physical inventory and photograph shall be conducted at the place where the search warrant is served; or at the nearest police station or at the nearest office of the apprehending officer/team, whichever is practicable, in case of warrantless seizures; Provided, further, that non-compliance with these requirements under justifiable grounds, as long as the integrity and the evidentiary value of the seized items are properly preserved by the apprehending officer/team, shall not render void and invalid such seizures of and custody over said items[.](Emphasis supplied)

Q	Okay. Let's go back to the time they entered your rooms; In your estimate, how many minutes did it take them from the time they entered your rooms to finish the search?
A	It took them too long because they entered the room at 9:00 o'clock in the evening and finished the search at 11:00 o'clock in the evening.
Q	When they got out, was there any result they presented to you?
A	None, Sir.
Q	What did they do after they got out?
A	I noticed that there were pictures (sic) taking while I was still lying on my belly handcuffed at my back.
Q	What were the things that they were trying to take pictures (sic)?
A	I do not know because I did not see.
Q	Alright. After that, what happened?
A	They waited for the Barangay Kagawad.
Q	How did you know that they were waiting for the Barangay Kagawad?
A	I can hear them saying that the Barangay Kagawad will arrive.
Q	Did the Barangay Kagawad arrive?
A	Yes, Sir. But, it was past 11:00 o'clock in the evening.
Q	Do you know who was that Barangay Kagawad who arrived?
A	I know.
Q	Who?
A	Barangay Kagawad Alberto Adecer and Barangay Tanod Delos Santos.
Q	That means there were two (2) barangay officials who arrived?
A	Yes, Sir.
Q	What did they do when they arrived?
A	I just overheard the Barangay Kagawad said: "So, the raid was over.
Q	Then, what else did the PDEA Agents do in relation to the words of the Barangay Kagawad?
A	They handed a piece of paper for them to sign.
Q	Who handed a piece of paper to them?
A	The PDEA Agents.
Q	And, can you recognize that PDEA Agent who handed a piece of paper to the Barangay Kagawad?
A	Ma'am Aguilar.
Q	What did the Barangay Kagawad do to the paper handed to them?
A	They refused to sign that paper because according to them they were not present during the incident.[31] (Emphasis supplied)

 

As a final note, it must be pointed out that although petitioner's co-accused, Calotes, no longer joined in filing the instant petition, the Court nevertheless deems it proper to likewise acquit him of the crime charged. This is because the criminal case against Calotes arose from the same set of facts as the case against petitioner and that such acquittal is definitely favorable and beneficial to him. Section 11 (a), Rule 122 of the Revised Rules on Criminal Procedure states that:

Section  11. Effect of appeal by any of several accused. —

(a) An appeal taken by one or more of several accused shall not affect those who did not appeal, except insofar as the judgment of the appellate court is favorable and applicable to the latter. (Emphasis supplied)

WHEREFORE, the petition is GRANTED. The Decision dated April 15, 2016 and the Resolution dated December 9, 2016 of the Court of Appeals in CA G.R. CR No. 36556 are hereby REVERSED and SET ASIDE. Accordingly, petitioner Edwin Fuentes y Garcia @ "Kanyod" and Nicky Calotes y Valenzuela @ "Jojo" are ACQUITTED of the crime charged. The Director of the Bureau of Corrections is ordered to cause their immediate release, unless they are being lawfully held in custody for any other reason.^[44] (Additional emphasis supplied)