the prosecution evidence had established the unbroken chain of custody of the seized drugs from the buy-bust team, to the investigating officer and to the forensic chemist.

Appellant assails the trial court's assessment of the credibility of prosecution witness PO2 Coronel. He faults the RTC in giving more faith and credit to PO2 Coronel's testimony regarding the buy-bust operation over his defense of denial.

"[P]rosecution of cases involving illegal drugs depends largely on the credibility of the police officers who conducted the buy-bust operation. It is fundamental that the factual findings of the trial [court] and those involving credibility of witnesses are accorded respect when no glaring errors, gross misapprehension of facts, or speculative, arbitrary, and unsupported conclusions can be gathered from such findings. The trial court is in a better position to decide the credibility of witnesses, having heard their testimonies and observed their deportment and manner of testifying during the trial. The rule finds an even more stringent application where said findings are sustained by the [CA],"13 as in this case. The Court has thoroughly examined the records of this case and finds the testimony of PO2 Coronel credible. The said testimony is pertinently supported by documents such as the marked buy-bust money, chemistry report, affidavit of arrest, among others, which all clearly attest to the fact that a sale of shabu took place between him and appellant. On the other hand, appellant's defense of denial, aside from being self-serving, is unsubstantiated and thus, has little weight in law. Hence, the lower courts correctly gave more credence to the evidence of the prosecution.

Appellant banks on the prosecution's alleged failure to comply with the requirements of law14 with respect to the proper marking, inventory, and taking of photograph of the seized specimen. However, it does not escape the Court's attention that appellant failed to contest the admissibility in evidence of the seized item during trial. In fact, at no instance did he manifest or even hint that there were lapses on the part of the police officers in handling the seized item which affected its integrity and evidentiary value. As held by the Court in People v. Domado,15 citing People v. Hernandez,16 objection to the admissibility of evidence cannot be raised for the first time on appeal. When a party desires the court to reject the evidence offered, he must so state in the form of objection. Without such objection, he cannot raise the question for the first time on appeal. In this case, appellant raised the police operatives' alleged non-compliance with Section 21, Article II of R.A. No. 9165 for the first time on appeal before the CA. Thus, following established jurisprudence, the alleged flaws do not adversely affect the prosecution's case.

In any event, it is "settled that an accused may still be found guilty, despite the failure to faithfully observe the requirements provided under Section 21 of R.A. [No.] 9165, for as long as the chain of custody remains unbroken."17 Here, it is beyond cavil that the prosecution was able to establish the necessary links in the chain of custody of the subject specimen from the moment it was seized from appellant up to the time it was presented during trial as proof of the corpus delicti. As aptly observed by the CA:

[T]he contention of appellant that the police officers failed to comply with the provisions of paragraph 1, Section 21 of R.A. No. 9165 for the proper procedure in the custody and disposition of the seized drugs, is untenable. Record shows that PO2 Coronel marked the confiscated sachet of "shabu" at the police station and in the presence of appellant and the duty investigator. PO2 Coronel clarified that the reason why he marked the said "shabu" at the police station and not at the scene of the crime was because the place where they transacted was dark. Thus, it is only proper to preserve the confiscated item and mark it in a lighted and safe place which is at the police station. Then, the said "shabu" was properly turned over to the duty investigator, together with the marked money. Afterwards, the alleged "shabu" was brought to the forensic chemist for examination. Likewise, the members of the buy-bust team executed their affidavits of arrest immediately after appellant was apprehended and at the trial, PO2 Coronel positively identified the seized drugs. Indeed, the prosecution evidence had established the unbroken chain of custody of the seized drugs from the buy-bust team, to the investigating officer and to the forensic chemist. Thus, there is no doubt that the "shabu" presented before the court a quo was the same "shabu" seized from appellant and that indeed, he committed the crime charged in the information.18

All told, the Court finds appellant's conviction of the offense charged, as well as the imposition upon him of the penalty of life imprisonment and payment of fine of P500,000.00, proper.1âwphi1 It must be added, however, that appellant shall not be eligible for parole.19

WHEREFORE, the assailed February 11, 2011 Decision of the Court of Appeals in CA-G.R. CR-H.C. No. 04206 is AFFIRMED with the MODIFICATION that appellant Allan Diaz y Roxas shall not be eligible for parole.

G.R. No. 197818               February 25, 2015
PEOPLE OF THE PIDLIPPINES, Plaintiff-Appellee,
vs.
ALLAN DIAZ y ROXAS, Accused-Appella