PERALTA, C.J.

:
This resolves the Motion for Reconsideration[1] of the April 5, 2017
Resolution[2] of the Court filed by accused-appellant Ely Policarpio y
Natividad (Policarpio).

The Facts

Policarpio was indicted for Violation of Section 261 (q) of Batas Pambansa
Blg. 881 or the Omnibus Election Code of the Philippines, for possession of
a .45 caliber pistol without authority from the Commission on Election
during the election period (COMELEC Gun Ban). The case was docketed
before the Regional Trial Court, Branch 35, Santiago City, Isabela (RTC) as
Criminal Case No. 35-5585. Policarpio was also charged with Violation of
Sections 11 and 12, Article II of Republic Act No. 9165 (R.A. No. 9165),
otherwise known as the Comprehensive Dangerous Drugs Act of 2002, for
unlawful possession of 21.07 grams of shabu and illegal possession of drug
paraphernalia, which cases were docketed before the RTC as Criminal Case
Nos. 35-5586 and 35-5587, respectively.

When arraigned, Policarpio pleaded not guilty to all the three charges.
[3]
 After pre-trial was terminated, a joint trial on the merits followed.

Version of the Prosecution

To substantiate its charges against Policarpio, the prosecution presented

Intelligence Officer 3 Dexter Asayco (IO3 Asayco) of the Philippine Drug
Enforcement Agency (PDEA), PDEA Agent Seymoure Darius Sanchez
(Agent Sanchez), Barangay Chairman Glesie L. Tangonan (Barangay
Chairman Tangonan) and Forensic Chemical Officer Roda Agcaoili
(Forensic Chemist Agcaoili) of the Philippine National Police Crime
Laboratory, Tuguegarao City, as its witnesses.

IO3 Asayco testified that he was a member of the PDEA team that
implemented Search Warrant No. 0085 at the house of Policarpio located
at No. 29 Purok 4, Barangay Malvar, Santiago City on April 12, 2007 at
about 12 o'clock noon. The PDEA agents knocked on the door of
Policarpio's house, and when Policarpio came out, their team leader, Police
Senior Inspector Jaime De Vera (PSI De Vera) read to him the contents of
the search warrant and gave him a copy thereof. The search of the house
was conducted by him and agent Sanchez in the presence of accused-
appellant's mother, Perla Policarpio, Barangay Chairman Tangonan
and Barangay Kagawad Ohmar Zodiac Calimag. Policarpio was outside the
house when the search was being conducted. In the process of
implementing the search warrant, they confiscated nine (9) heat-sealed
transparent plastic sachets containing white crystalline substance
suspected to be methamphetamine hydrochloride or shabu, eleven (11)
deposit slips and cash in the total amount of P17,700.00, which were all
found inside a blue clutch bag; several pieces of drug paraphernalia, which
were found in between the dura box and the wall of the room; and one
(1) .45 caliber Colt pistol bearing Serial No. 452857 with magazine and live
ammunitions, found beneath the bed cushion. The confiscated items were
marked with IO3 Asayco's and agent Sanchez' initials before turning them
over to their Chief Investigator Danilo Natividad (CI Natividad). The
marking was done at the room of Policarpio in the presence of said accused,
his mother, the barangay officials, the media and CI Natividad. He placed
his initials "DBA" as his marking on the seized items. Policarpio signed the
confiscation receipts at the place of search in the presence of his mother,
the media and the operating team. The other witnesses also affixed their
signatures on the confiscation receipts. Policarpio was immediately
arrested and apprised of his constitutional rights.[4]

Agent Sanchez corroborated the testimony of IO3 Asayco in its material

points and added that he placed his initials "SDS" on the seized items. He
clarified that Jay-R Policarpio alias Dagul, indicated in the search warrant
as the name of the subject thereof, and Ely Policarpio are one and the same
person. He recounted that their team leader, PSI De Vera, already knew the
exact address of Policarpio even before the implementation of the search
warrant. Also, the barangay officials pointed to them the house of
Policarpio. He recalled that Policarpio did not show any form of resistance
during the implementation of the search warrant against him, and gave no
reaction when they showed him the items seized. After marking the
confiscated items, he turned over the same to their Chief Investigator, SPO1
Natividad, in the presence of Policarpio and the barangay officials. [5]

When Barangay Chairman Tangonan was called to the witness stand, the

prosecution and the defense entered into a stipulation that she was present
during the inventory of the confiscated items and that she signed the
confiscation receipt. Afterwhich, the trial court dispensed with her
testimony.[6]

The testimony of Forensic Chemist Agcaoili was, likewise, dispensed with

after the parties stipulated that: (1) the nine (9) plastic sachets containing
white crystalline substance, subject matter in Criminal Case No. 35-5586
for illegal possession of shabu, were submitted to her for examination on
April 12, 2007; (2) the nine (9) plastic sachets with white crystalline
substance tested positive for the presence of methamphetamine
hydrochloride or shabu; and (3) her findings were reflected in Chemistry
Report No. D-20-2007.[7]

Thereafter, the prosecution rested its case and formally offered its
documentary evidence, among which is Search Warrant No. 0085.

It appears that on April 11, 2007, Executive Judge Efren M. Cacatian of the
RTC, Branch 35, of Santiago City, Isabela issued Search Warrant No. 0085,
[8]
 on the strength of the testimonies of PSI De Vera of the PDEA and of a
certain Fred Manabat. The search warrant reads:

TO ANY OFFICER OF THE LAW:

Greetings:

It appearing to the satisfaction of the Court after examining under oath the
witnesses Fred Manabat and PSI Jaime De Vera that there is a probable
cause to believe that Jay-R Policarpio @ Dagul of Purok 4, Malvar, Santiago
City committed and that there are good and sufficient reasons to believe
that the respondent has in possession and control the following items:
 
Undetermined quantity of Methamphetamine Hydrochloride known as
a.)
shabu;
b.) Several drug paraphernalia used in repacking shabu.

NOW THEREFORE, you are hereby commanded to make an immediate

search at any time in the day of the house of the respondent stated above
and forthwith seize and take possession of the above-described grams of
methamphetamine hydrochloride known as shabu and drug paraphernalia,
bring them before me to be dealt with as the law directs.

SO ORDERED.
 Version of the Defense

Policarpio vehemently denied the charges against him. He narrated that on

April 12, 2007 at 6 o'clock in the morning, he was awakened by knocks on
the door of his house located at No. 29 Purok 4, Barangay Malvar,
Santiago City. He claimed that he is a resident of said address since birth.
When he opened the door, two (2) police officers pointed their guns at him.
The police officers then ordered him, his wife and children to go out of the
house. And thereafter, the police officers asked him if he is Junior
Policarpio, to which query he answered in the negative because his name is
Ely Policarpio. They asked him to sign a search warrant and then they
entered his house. The contents of the search warrant were not explained to
him. When the police officers were done searching his house, they showed
him something, but he had no idea what it was and where it came from.
After a while, Barangay Chairman Tangonan arrived and signed a
document. Thereafter, he was brought to the police station and later on, to
the court. He denied having signed a confiscation receipt. He alleged that
her mother, Perla Policarpio, was not a resident of his house at the time the
search was conducted.[9]

The RTC Ruling

On October 15, 2013, the RTC rendered a Joint Decision [10] finding

Policarpio guilty of all the three charges, the dispositive portion of which
reads:

WHEREFORE, the Court finds the accused GUILTY beyond reasonable

doubt as follows:

1)  In Criminal Case No. 35-5586, for possession of illegal drugs whereby he
is sentenced to suffer the penalty of life imprisonment and a fine of FOUR
HUNDRED THOUSAND (Php400,000.00) PESOS;

2) In Criminal Case No. 35-5587, for possession of drug paraphernalia,

whereby he is sentenced to suffer the penalty of imprisonment of SIX (6)
MONTHS and ONE (1) DAY and a fine of TEN THOUSAND
(Php10,000.00) PESOS; and

3) In Criminal Case No. 35-5585, for violation of the Comelec gun ban,
whereby he is sentenced to suffer the penalty of imprisonment of ONE (1)
YEAR.

SO ORDERED.[11]
The RTC ruled that the search of Policarpio's house was legal because the
same was done by virtue of a valid search warrant and hence, the items
seized are admissible in evidence against him. Anent the confiscated .45
caliber pistol, the RTC declared that Policarpio's possession thereof was in
clear violation of the COMELEC Gun Ban. The RTC held that the
prosecution adduced sufficient evidence to established beyond cavil of a
doubt the guilt of Policarpio of the three crimes charged against him.

Not in conformity, Policarpio appealed the RTC verdict of conviction before

the Court of Appeals (CA), which was docketed therein as CA-G.R. CR-H.C.
No. 06648.

The CA Ruling

On August 18, 2016, the CA rendered its assailed Decision[12] affirming the

conviction of Policarpio for Violation of Sections 11 and 12, Article II of R.A.
No. 9165. It declared that all the elements of illegal possession of shabu and
of illegal possession of drug paraphernalia were adequately proven by the
prosecution. It rejected the appellant's argument that the prosecution failed
to establish the factual details which constituted the essential elements of
the crimes charged. The CA opined that the integrity and evidentiary value
of the seized narcotics were not compromised because the chain of custody
of the same remained unbroken. It upheld the validity of Search Warrant
No. 0085 and, thus, the illegal drugs and pieces of drug paraphernalia
confiscated by virtue thereof are admissible in evidence against Policarpio.
It debunked the defense of denial interposed by Policarpio for being
negative and self-serving evidence. The CA, however, acquitted Policarpio
of Violation of Section 261(q) of the Omnibus Election Code of the
Philippines. In the end, the CA decreed:

WHEREFORE, premises considered, the instant appeal is PARTLY

GRANTED. The assailed Decision dated 15 October 2013 is hereby
AFFIRMED with MODIFICATION that accused-appellant Ely Policarpio is
ACQUITTED of violation of Section 261(q) of the Omnibus Election Code in
Criminal Case No. 35-5585.
SO ORDERED.[13]
The Issues

Unpe1turbed, Policarpio filed the present appeal and posited the same
assignment of errors he previously raised before the CA, to wit:

THE COURT A QUO GRAVELY ERRED IN FINDING THE ACCUSED-

APPELLANT GUILTY DESPITE THE APPARENT VIOLATION IN THE
IMPLEMENTATION OF THE SEARCH WARRANT.

II

THE COURT A QUO GRAVELY ERRED IN FINDING THE ACCUSED-

APPELLANT GUILTY BEYOND REASONABLE DOUBT FOR
VIOLATIONS OF SECTION 261 OF BATAS PAMBANSA BLG. 881;
SECTION 11, ARTICLE II, OF R.A. NO. 9165; AND SECTION 12, ARTICLE
II, OF R.A. NO. 9165.

III

THE COURT A QUO GRAVELY ERRED IN CONVICTING THE ACCUSED-

APPELLANT NOTWITHSTANDING THE PROSECUTION'S FAILURE TO
PROVE WITH CERTAINTY THE CORPUS DELICTI OF THE OFFENSE
CHARGED.[14]
On April 5, 2017, the Court issued a Resolution[15] dismissing Policarpio's
appeal for his failure to sufficiently show reversible error in the assailed
decision of the CA. The fallo of which reads:

WHEREFORE, the Court ADOPTS the finding of fact and conclusion of law
of the Court of Appeals in its August 18, 2016 Decision in CA-G.R. CR-HC
No. 06648, finding accused-appellant, Ely Policarpio y Natividad a.k.a.
"Dagul," GUILTY beyond reasonable doubt of violation of Sections 11 and
12, Article II, Republic Act No. 9165 with MODIFICATION in that accused-
appellant is hereby sentenced to suffer an indeterminate penalty of
imprisonment of six (6) months and one (1) day, as minimum, to three (3)
years, as maximum, in Criminal Case No. 35-5587.