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G.R. No. 198452 February 19, 2014

PEOPLE OF THE PHILIPPINES,Plaintiff-Appellee,

vs.

VICENTE RO,Accused-Appellant.

D E C I S I O N

PERE!, J.:

On appeal is the Decision1dated 9 August !1! of the Cou"t of Appeals in CA-#.$. C$-%.C. No. !!&'9

affi"(ing )ith (odification the Decisiondated * +une !! of the $egional "ial Cou"t $C of Ce/u Cit0,

"anch 1!, in C"i(inal Case Nos. C2-&&!3, C2-&&!34 and C2-&&!3', finding he"ein appellant

5icente $o( guilt0 /e0ond "easona/le dou/t of violating Sections 1&4illegal sale of sha/u, 1&-

A*(aintenance of a d"ug den and 13&illegal possession of sha/u, A"ticle III of $epu/lic Act No. 3*&,

also 6no)n as the Dange"ous D"ugs Act of 19', as a(ended /0 $epu/lic Act No. '3&9.3In C"i(inal Case

Nos. C2-&&!3 and C2-&&!34, fo" "espectivel0 violating Sections 1& and 13, A"ticle III of $epu/lic Act

No. 3*&, as a(ended, the t"ial cou"t i(posed on the appellant the penalt0 of p"ision co""eccional in its

(ediu( pe"iod "anging /et)een t)o 0ea"s, fou" * (onths and one 1 da0, as (ini(u(, to fou" *

0ea"s and t)o (onths, as (a7i(u(. 8hile in C"i(inal Case No. C2-&&!3', that is fo" violating Section

1&-A, A"ticle III of $epu/lic Act No. 3*&, as a(ended, the t"ial cou"t sentenced the appellant to "eclusion

pe"petua and he )as li6e)ise o"de"ed to pa0 a fine of P&!!,!!!.!!. he Cou"t of Appeals, ho)eve",

(odified and "educed the penalt0 in C"i(inal Case Nos. C2-&&!3 and C2-&&!34 to an i(p"ison(ent of

si7 3 (onths of a""esto (a0o", as (ini(u(, to fou" * 0ea"s and t)o (onths of p"ision co""eccional, as

(a7i(u(, afte" appl0ing the Indete"(inate Sentence a).

In th"ee sepa"ate Info"(ations'

all dated 1 Septe(/e" !!!, the appellant )as cha"ged )ith violation ofSections 1&, 1&-A and 13, A"ticle III of $epu/lic Act No. 3*&, as a(ended. he th"ee Info"(ations "ead:

C"i(inal Case No. C2-&&!3

hat on o" a/out the 41st da0 of August !!!, at a/out 1!:4! P.;. in the Cit0 of Ce/u, Philippines, and

)ithin the , )ith deli/e"ate intent and )ithout /eing

autho"i?ed /0 la), did then and the"e sell, delive" o" give a)a0 to a poseu" /u0e" one 1 heat sealed plastic

pac6et of )hite c"0stalline su/stance )eighing !.!4 g"a( locall0 6no)n as @sha/u@, containing

;eth0la(pheta(ine %0d"ochlo"ide, a "egulated d"ug.E(phasis and italics supplied.

C"i(inal Case No. C2-&&!34

hat on o" a/out the 41st da0 of August !!!, at a/out 1!:4! P.;., in the Cit0 of Ce/u, Philippines, and

)ithin the possession and cont"ol o" use the follo)ing:
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Bou" * heat sealed plastic pac6ets of )hite c"0stalline su/stance )eighing !.1& g"a( locall0 6no)n as

@sha/u@, containing ;eth0la(pheta(ine %0d"ochlo"ide, a "egulated d"ug, )ithout the co""esponding license

o" p"esc"iption.9E(phasis and italics supplied.

C"i(inal Case No. C2-&&!3'

hat on the 41s=t> da0 of August, !!!, at a/out 1!:4! P.;., in the Cit0 of Ce/u, Philippines, and )ithin the

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appellant too6 out his )allet f"o( his poc6et and got one heat-sealed plastic pac6et containing )hite

c"0stalline su/stance, late" confi"(ed to /e sha/u, and gave it to PO ;a"tine?. he latte", in tu"n, gave

the P1!!.!! peso /ill (a"6ed (one0 to the appellant. 8hile this sale t"ansaction )as going on, PO4 anson

and PS". Insp. Sanche? )e"e onl0 five to eight (ete"s a)a0 f"o( PO ;a"tine? and the appellant. PS".

Insp. Sanche? clea"l0 )itnessed the sale t"ansaction as it happened "ight outside the doo" of the appellantFs

house.1'

Afte")a"ds, PO ;a"tine? told the appellant that he )anted to sniff the sha/u, so the latte" "eGui"ed the

fo"(e" to pa0 an additional a(ount of P1!.!! as "ental fee fo" the use of his place. Afte" pa0ing the said

a(ount, the appellant allo)ed PO ;a"tine? to ente" his house. Once inside the house, PO ;a"tine? )as

di"ected /0 the appellant to p"oceed to the "oo( located at the "ight side of the sala. 2pon ente"ing the said

"oo(, PO ;a"tine? sa) th"ee pe"sons, late" identified to /e +ose Delloso Delloso, Danilo E(pue"to

E(pue"to and A"nie Ogong Ogong, al"ead0 sniffing sha/u.1

he"eupon, PO ;a"tine? (ade a (issed call to PS". Insp. Sanche?, )hich )as thei" p"e-a""anged signal,

to signif0 that the )hole t"ansaction )as consu((ated. Afte" the lapsed of a/out 1! to 1& seconds, the "est

of the tea(, )ho )e"e

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)e"e tal6ing, the police office"s suddenl0 /a"ged in. he appellant noticed that PO ;a"tine? p"oceeded to

the inne" po"tion of the house and opened the doo" of the "oo(s. Nene stopped the( /ut the police office"s

told he" to

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;ON%S and ONE 1 DA, as (ini(u( to BO2$ * EA$S and 8O ;ON%S, as (a7i(u(

and

4 C"i(inal Case No. C2-&&!3', fo" violating Section 1&-A, A"ticle III, $epu/lic Act No. 3*&, as

a(ended, #2I. he cou"t he"e/0 i(poses upon the =appellant> the penalt0 of $EC2SION

PE$PE2A and a BINE of BI5E %2ND$ED %O2SAND P&!!,!!!.!! PESOS.

he five & heat-sealed plastic pac6ets of )hite c"0stalline su/stance containing (eth0la(pheta(ine

h0d"ochlo"ide, locall0 6no)n as sha/u, a"e he"e/0 CONBISCAED in favo" of the gove"n(ent and shall /e

dest"o0ed in acco"dance )ith the la) p"ohi/iting said d"ug.3E(phasis, italics and unde"sco"ing supplied.

he appellant appealed the t"ial cou"tFs Decision to this Cou"t via Notice of Appeal.'%o)eve", pu"suant to

this Cou"tFs decision in People v. ;ateo,the case )as t"ansfe""ed to the Cou"t of Appeals fo" inte"(ediate

"evie).

On 9 August !1!, the Cou"t of Appeals "ende"ed the no) assailed Decision affi"(ing )ith (odification the

"uling of the t"ial cou"t. Its dec"etal po"tion "eads, thus:

8%E$EBO$E, in vie) of all the fo"egoing, the Decision of the $C, "anch 1!, Ce/u Cit0 in C"i(inal

Cases No. C2-&&!3, C2-&&!34 and C2-&&!3' is he"e/0 ABBI$;ED 8I% ;ODIBICAION

conce"ning C"i(inal Cases No. C2-&&!3 and C2-&&!34, fo" )hich =the he"ein appellant> is sentenced

to suffe" the penalt0 of i(p"ison(ent f"o( si7 (onths of a""esto (a0o", as (ini(u(, to fou" 0ea"s and t)o

(onths of p"ision co""eccional, as (a7i(u( of the Indete"(inate Sentence a). 9

he Cou"t of Appeals upheld the conviction of the appellant on all the cha"ges against hi( as the

p"osecution )as a/le to esta/lish his guilt /e0ond "easona/le dou/t since all the essential ele(ents of

illegal sale and possession of sha/u )e"e dul0 p"oven /0 the p"osecution. As to the cha"ge of (aintaining a

d"ug den, the sa(e )as also esta/lished /0 the fact that PO ;a"tine? hi(self paid P1!.!! to sniff the

sha/u in one of the "oo(s of the appellantFs house. he appellantFs denial, the"efo"e, cannot p"evail ove"

the evidence hu"led against hi(.

he Cou"t of Appeals, ho)eve", dee(ed it necessa"0 to (odif0 the penalt0 in C"i(inal Case Nos. C2-

&&!3 and C2-&&!34. It e7plained that the sale of less than !! g"a(s of sha/u is punisha/le )ith a

penalt0 "anging f"o( p"ision co""eccional to "eclusion te(po"al, depending on the Guantit0. In this case, the

Guantit0 of sha/u illegall0 sold to the poseu"-/u0e" /0 the appellant )as !.!4 g"a(. Pu"suant to the second

pa"ag"aph of Section !,4!A"ticle I5 of $epu/lic Act No. 3*&, as a(ended, the p"ope" penalt0 to /e

i(posed fo" the illegal sale of !.!4 g"a( of sha/u )ould /e p"ision co""eccional. Also, in this case, the

appellant had in his possession !.1& g"a( of sha/u, )hich is punisha/le also )ith i(p"ison(ent of p"isionco""eccional. hus, appl0ing the Indete"(inate Sentence a), the appellant (ust /e sentenced to an

i(p"ison(ent of si7 (onths of a""esto (a0o", as (ini(u(, to fou" 0ea"s and t)o (onths of p"ision

co""eccional, as (a7i(u(, in C"i(inal Case No. C2-&&!3, as )ell as in C"i(inal Case No. C2-&&!34. 41

Still unsatisfied, the appellant appealed the Cou"t of AppealsF Decision to this Cou"t via Notice of Appeal. 4

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oth the appellant and the Office of the Solicito" #ene"al (anifested44that the0 )ould no longe" file thei"

"espective supple(ental /"iefs as the issues have al"ead0 /een full0 discussed in thei" "espective appeal

/"iefs4*)ith the Cou"t of Appeals.

he appellantFs assign(ent of e""o"s as stated in his AppellantFs "ief a"e as follo)s:

I. he $egional "ial Cou"t e""ed in convicting the =he"ein appellant> not)ithstanding the inhe"ent

inc"edi/ilit0 of evidence fo" the p"osecution

II. he $egional "ial Cou"t g"avel0 e""ed in allo)ing the evidence of the p"osecution despite the

indu/ita/le evidence that the =appellant> i=s> innocent of the c"i(e=s> cha"ged =and>

III. he $egional "ial Cou"t e""ed in convicting the =appellant> in spite of the failu"e of the p"osecution to

p"ove the guilt of the =appellant> /e0ond "easona/le dou/t.4&

he appellant ave"s that the testi(on0 of the poseu"-/u0e" )as a/su"d, illogical, cont"a"0 to "eason and

highl0 inc"edi/le fo" no pe"son )ho is engaged in an illegal t"ansaction )ould leave the doo" of the houseopen afte" such t"ansaction. ;o"eove", no pe"son )ould sell sha/u to a /u0e" )hen he 6ne) all along that

the said /u0e" )as a police office" as it )as "idiculous to e7pose oneself to the dange" of /eing caught and

a""ested.

he appellant si(ila"l0 holds that the ent"0 in the house )as illegal and the"e )as ce"tainl0 no t"ansaction

that too6 place the"ein. he sea"ch and the sei?u"e (ade in connection the"eto )e"e also invalid. hus, the

pieces of evidence allegedl0 o/tained /0 the police office"s )e"e inad(issi/le fo" /eing the @f"uit of a

poisonous t"ee.@ he sa(e cannot /e used against hi( in violation of his "ights.

he appellant /elieves that the p"osecution failed to p"ove his guilt /e0ond "easona/le dou/t as thei"

testi(onies as to the facts and ci"cu(stances su""ounding the case )e"e cont"a"0 to hu(an conduct,

especiall0 )ith "ega"d to the allegation that he 6no)ingl0 (aintained a d"ug den, since he )as no longe" the

o)ne" of the house, )hich )as the su/

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o secu"e a conviction fo" illegal sale of dange"ous d"ugs, li6e sha/u, the follo)ing essential ele(ents (ust

/e dul0 esta/lished: 1 identit0 of the /u0e" and the selle", the o/

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o/

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8ith the fo"egoing, this Cou"t is full0 convinced that the p"osecution had li6e)ise p"oved /e0ond a shado)

of "easona/le dou/t that the appellant is guilt0 of the offense of illegal possession of sha/u in violation of

Section 13, A"ticle III of $epu/lic Act No. 3*&, as a(ended.

#oing to the cha"ge of (aintaining a d"ug den in violation of Section 1&-A, A"ticle III of $epu/lic Act No.

3*&, as a(ended, the p"osecution had also esta/lished appellantFs guilt /e0ond "easona/le dou/t.

A d"ug den is a lai" o" hidea)a0 )he"e p"ohi/ited o" "egulated d"ugs a"e used in an0 fo"( o" a"e found. Its

e7istence (a0 /e p"oved not onl0 /0 di"ect evidence /ut (a0 also /e esta/lished /0 p"oof of facts and

ci"cu(stances, including evidence of the gene"al "eputation of the house, o" its gene"al "eputation a(ong

police office"s.&!In this case, this fact )as p"oven /0 none othe" than the testi(on0 of PO ;a"tine?, the

poseu"-/u0e", )ho afte" /u0ing the sha/u had told the appellant that he )anted to sniff the sa(e to )hich

the latte" "esponded /0 "eGui"ing the fo"(e" to pa0 a "ental fee of P1!.!!. he appellant, the"eafte", allo)ed

PO ;a"tine? to ente" his house and di"ected hi( to p"oceed to one of the "oo(s located at the "ight side of

the sala. 2pon ente"ing the said "oo(, PO ;a"tine? sa) th"ee othe" pe"sons al"ead0 sniffing sha/u. &1his

testi(on0 of PO ;a"tine? )as co""o/o"ated /0 PO4 anson and PS". Insp. Sanche?.&

;o"eove", as aptl0 o/se"ved /0 the Cou"t of Appeals, seve"al peso /ills )e"e found in the appellantFs )allet,

including th"ee P1!.!! peso /ills, )hich ci"cu(stances /olste"ed the p"osecutionFs asse"tion that the

appellant has indeed allo)ed his house to /e used as a d"ug den fo" a fee of P1!.!! pe" pe"son. &4

In his atte(pt to e7one"ate hi(self, the appellant vehe(entl0 asse"ts that he )as no longe" the o)ne" of the

house in a"anga0 . Padilla, Ce/u Cit0, and he )as no longe" "esiding the"ein. he defense also p"esented

e"esita itos to co""o/o"ate this clai( of the appellant.

he testi(on0 of e"esita itos co""o/o"ating the appellantFs testi(on0 )as not c"edi/le. 1wphi1She he"self

ad(itted that the appellant "eGuested he" to testif0 in his favo".&*

Also, conside"ing the se"iousness of the cha"ges against the appellant, he did not /othe" to p"esent his

daughte", )ho is the alleged o)ne" of the house in a"anga0 . Padilla, Ce/u Cit0, to /olste" his clai(.

i(e and again, this Cou"t held that denial is an inhe"entl0 )ea6 defense and has al)a0s /een vie)ed upon

)ith disfavo" /0 the cou"ts due to the ease )ith )hich it can /e concocted. Inhe"entl0 )ea6, denial as a

defense c"u(/les in the light of positive identification of the appellant, as in this case. he defense of denial

assu(es significance onl0 )hen the p"osecutionFs evidence is such that it does not p"ove guilt /e0ond

"easona/le dou/t, )hich is not the case he"e. 5e"il0, (e"e denial, unsu/stantiated /0 clea" and convincing

evidence, is negative self-se"ving evidence )hich cannot /e given g"eate" evidentia"0 )eight than the

testi(on0 of the p"osecution )itness )ho testified on affi"(ative (atte"s.&&;o"eove", the"e is a p"esu(ptionthat pu/lic office"s, including the a""esting office"s, "egula"l0 pe"fo"( thei" official duties. &3In this case, the

defense failed to ove"co(e this p"esu(ption /0 p"esenting clea" and convincing evidence. Bu"the"(o"e, this

Cou"t finds no ill (otive that could /e att"i/uted to the police office"s )ho had conducted the /u0-/ust

ope"ation. Even the allegation of the appellant that PO ;a"tine? got ang"0 )ith hi( )hen he failed to

pinpoint the /ig ti(e pushe" cannot /e conside"ed as the ill (otive in i(plicating the appellant on all the

th"ee cha"ges against hi( fo" this is self-se"ving and unco""o/o"ated.

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#iven all the fo"egoing, this Cou"t sustains the appellants conviction on all the cha"ges against hi(.

8%E$EBO$E, p"e(ises conside"ed, the Decision of the Cou"t of Appeals in CA-#.$. C$-%.C. No. !!&'9

dated 9 August !1! is he"e/0 ABBI$;ED in toto. No Costs.

SO O$DE$ED.

G.R. No. 20"028 #a$uary 15, 2014

PEOPLE OF THE PHILIPPINES,Plaintiff-Appellee,

vs.

#OSELITO %ER&N y !&P&NT& ' (#o)e(,Accused-Appellant.

D E C I S I O N

RE*ES, J.:

On appeal is the Decision1dated ;a"ch 9, !1 of the Cou"t of Appeals CA in CA-#.$. C$-%C No. !**33

affi"(ing the conviction of accused-appellant +oselito e"an 0 Japanta e"an "ende"ed /0 the $egional

"ial Cou"t $C of ;anila, "anch 14, in a Decisiondated Ap"il 19, !1! in C"i(inal Case No. !4-1!49,

fo" violation of Section &, A"ticle II of $epu/lic Act $.A. No. 913&, othe")ise 6no)n as the Co(p"ehensive

Dange"ous D"ugs Act of !!, unde" an Info"(ation )hich "eads, as follo)s:

he unde"signed accuses +OSEIO E$AN 0 JAPANA K +OSE of 5iol. of Sec. & A"t. II of $ep. Act No.

913&, co((itted as follo)s:

hat on o" a/out August 3, !!4, in the Cit0 of ;anila, Philippines, the said accused, not having /een

autho"i?ed /0 la) to sell, t"ade, delive" o" give a)a0 an0 dange"ous d"ug, did then and the"e )illfull0,

unla)full0 and 6no)ingl0 sell o" offe" fo" sale to a poseu" /u0e" one 1 pc. plastic sachet containing JE$O

POIN JE$O %$EE JE$O !.!4! g"a( of )hite c"0stalline su/stance 6no)n as S%A2 containing

(eth0la(pheta(ine h0d"ochlo"ide, )hich is a dange"ous d"ug.

Cont"a"0 to la).4

At his a""aign(ent on Nove(/e" &, !!4, e"an pleaded not guilt0 to the offense cha"ged, and t"ial

follo)ed.

T+e Fa-)

Acco"ding to the p"osecution, /et)een th"ee and fou" ocloc6 in the afte"noon of August 3, !!4,*a

confidential info"(ant CI )ent to the Dist"ict Anti-Illegal D"ug DAID Office of the 8este"n Police Dist"ict

8PD at the 2nited Nations Avenue, ;anila, and app"oached Police Office" 4 PO4 $odolfo Ende"ina

Ende"ina to "epo"t that a ce"tain +oselito e"an, alias @+ose,@ a pedica/ d"ive", )as selling p"ohi/ited d"ugs,
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pa"ticula"l0 @sha/u,@ in the vicinit0 of San Antonio St"eet in ondo, ;anila. P!4 Ende"ina "ela0ed the

info"(ation to Police Colonel ;a"celino Ped"oso, Chief of DAID-8PD, )ho then o"de"ed hi( to fo"( a /u0-

/ust tea( to app"ehend the suspect. At a"ound & :!! p.(., the /u0-/ust tea(, co(posed of PO4 Ende"ina,

PO4 %ipolito B"ancia, PO4 enito Deco"ion Deco"ion, PO E"nie $e0es, PO Ale7ande" Delos Santos

Delos Santos and PO4 Lno)(e Sia Sia, )ho )as to act as the poseu"-/u0e", a""ived in ondo on /oa"d

an o)ne"-t0pe

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he did not see the actual e7change of d"ug and (one0 /et)een e"an and PO4 Sia, no" did he )itness the

actual a""est of e"an /0 PO4 Sia.

$uling of the $C

On Ap"il 19, !1!, the $C of ;anila, "anch 14 "ende"ed its

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f"o( hi( that )hen the su/stance )as su/

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A: es (aFa(.

M: 8hat ti(e of the da0 o" the night )as that

A: et)een 4-* p( of August 3 !!4 (a a(.

M: And )hat did 0ou" tea( leade" $odolfo Ende"ina do as soon as he "eceived that info"(ation A: %e

fo"(ed his (en and then he di"ected all of us and placed the confidential info"(ation fo" inte""ogation

(aFa(.

M: As a (atte" of standa"d ope"ating p"ocedu"e )hat does an ope"ative of SAID o" DAID do /efo"e

launching a /u0-/ust ope"ation

A: Bi"st the"e (ust /e an info"(ation to /e "eceived then the"e )as a plan of ope"ation and then the

docu(ents a"e "eGui"ed to /e acco(plished p"io" to the conduct of a /u0-/ust ope"ation (aFa(.

M: 8hat docu(ents if an0 )e"e 0ou "eGui"ed to p"epa"e p"io" to 0ou" ope"ation

A: Ou" dispatch "eco"d.

M: Do 0ou have a cop0 of this dispatch "eco"d

A: es (aFa(.

M: Can 0ou sho) it to the Cou"t

A: It is )ith the custodial of DAID (aFa(.

7 7 7 7

ACP $asa:

M: Aside f"o( the dispatch "eco"d )hat othe" docu(ents did 0ou p"epa"e

A: he /u0-/ust (one0, (aFa(.

M: Do 0ou have the /u0-/ust (one0 )ith 0ou

A: I )ill /"ing it on the ne7t hea"ing (aFa(.

M: %o) (uch /u0-/ust (one0 did 0ou p"epa"e

A: P1!!.!!, (aFa(.

M: 8ho supplied that P1!!.!! /u0-/ust (one0

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A: Ou" tea( leade", (aFa(.

M: 8ho is 0ou" tea( leade"

A: PO4 $odolfo Ende"ina, ;aFa(.

M: Aside f"o( the dispatch "eco"d, the /u0-/ust (one0, )hat othe" p"epa"ations did 0ou do /efo"e launching

on the ope"ation of /u0-/ust against one +oselito e"an alias +ose

A: he"e )as a p"epa"ation of P"e-Ope"ation $epo"t and Coo"dination Sheet, ho)eve", )e cannot fa7 to the

PDEA /ecause the PDEA fa7 at that ti(e )as not full0 ope"ational, (aFa(.

M: 8hat othe" docu(ents aside f"o( those al"ead0 (entioned did 0ou p"epa"e

A: hat s all, (aFa(.

M: And )hat )e"e the othe" inst"uctions given to 0ou /0 the tea( leade", $odolfo Ende"ina

A: Du"ing ou" /"iefing, I )as then chosen as the designated poseu"-/u0e", (aFa(.

M: 8hat else

A: he (a"6ed (one0 )as (a"6ed /0 (e and then du"ing the /"iefing, it )as ag"eed that the p"e-a""anged

signal )as to touch (0 hai" as indication that the deed )as done, (a a(.

7 7 7 7

M: 8hat ti(e did 0ou p"oceed to San Antonio

A: A"ound &:!! of August 3, !!4, (aFa(.

M: %o) (an0 vehicles did 0ou use

A: 8e utili?ed one 1 o)ne" t0pe

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A: PO4 enito Deco"ion and PO E"nie $e0es, (aFa(.

M: One scoote"

A: )o scoote"s (aFa(.

M: 8he"e did 0ou pa"6 0ou" vehicle

A: 8e pa"6ed in the a"ea of #at And"es %ospital, (aFa(.

7 7 7 7

M: As soon as 0ou had pa"6ed 0ou" vehicles, )hat else happened

A: 8hen )e pa"6ed ou" vehicle, PO4 Ende"ina g"ouped us and told us that at the a"ea )he"e )e )e"e

going, the vehicles could not ente" San Antonio St"eet and afte" that, the confidential info"(ant )as the fi"st

)ho p"oceeded to the ta"get place, (aFa(.

M: ou al"ead0 said that 0ou al"ead0 pa"6ed 0ou" vehicles. So ho) did 0ou a""ive at San Antonio St"eet

A: On foot, (aa(.

M: %o) did 0ou scout o" identif0 0ou" ta"get pe"son

A: 2pon a""ival in the a"ea of San Antonio, the confidential info"(ant )as the fi"st )ho a""ived and then in a

fe) (inutes late", the confidential info"(ant pointed to one 1 (ale pe"son in the a"ea

of San Antonio, (aa(.

M: ou )e"e sa0ing that, the confidential info"(ant )ent ahead of 0ou

A: No, (aa(. 8e )e"e togethe", (aa(.

M: 8he"e did 0ou fi"st notice the p"esence of the accused

A: Nea" the alle0, (aFa(, in the (iddle of San Antonio )he"e the"e is a @poso@.

M: 8hen pointed to 0ou, ho) fa" )e"e 0ou f"o( the accused o" 0ou" ta"get

A: App"o7i(atel0 -1! (ete"s, (aa(.

M: 8hat )as the accused doing )hen he )as pointed at /0 the confidential info"(ant to 0ou

A: %e )as spotted standing, (aa(.

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M: Standing onl0

A: es, (aa(.

M: 8hat happened afte" 0ou sa) hi( standing

A: he CI )ent ahead of (e to app"oach the suspect, (aa(.

M: 8hen 0ou said the CI )as ahead of 0ou, a/out ho) fa" a)a0 )e"e 0ou follo)ing hi(

A: 4-* (ete"s, (aa(.

M: 8hat else happened

A: Afte" that, (a a(, the CI and the su/

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A: he su/

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M: 8he"e did 0ou place the (a"6ing

A: At the office, (aFa(.

M: If sho)n that plastic sachet, )ill 0ou /e a/le to identif0 it

A: es, (aFa(.

M: 8h0

A: I "ecogni?ed the (a"6ings, (aFa(.

M: 8hat did 0ou use to (a"6 it

A: I thin6 it )as a pentel pen, (aa(.

M: Aside f"o( this d"ugs sic )hich 0ou said the0 "eGuested and 0ou pe"sonall0 /"ought fo" e7a(ination atthe 8PD C"i(e a/o"ato"0, )hat othe" things did 0ou do as soon as 0ou a""ived at the office

A: It )as "eco"ded it sic in ou" police /lotte", (aa(, and the pe"tinent docu(ents )e"e p"epa"ed.

M: Do 0ou have a cop0 of the police /lotte"

A: es, (aa(, /ut its in the office.

M: he /u0-/ust (one0 and the dispatched "epo"t a"e also at 0ou" office. Can 0ou /"ing all of those

A: es, (aa(.

M: 8hat )as the "esult of the la/o"ato"0 e7a(ination )hich 0ou said 0ou pe"sonall0 /"ought to the

la/o"ato"0

A: It tu"ned out to /e positive fo" ;eth0la(pheta(ine %0d"ochlo"ide, (aa(.

M: 8hat happened ne7t afte" the e7a(ination

A: Afte" p"epa"ing the docu(ents, )e p"esented the case /efo"e the inGuest fiscal, (aa(.

M: Did 0ou su/

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M: And )hat )as the "esult of the d"ug test

A: I do not 6no) the "esult, (aa(. M: Can 0ou /"ing the "esult of the d"ug test

A: @Sa C"i(e a/ na lang po@, (aa(.

7 7 7 7.1

CONIN2AION OB DI$EC EA;INAION

COND2CED :

BISCA P2$IBICACION A. A$IN#-25E$A

BISCA 25E$A:

7 7 7 7

M: ;". 8itness, du"ing 0ou" testi(on0 on August , !!3, 0ou )e"e as6ed /0 fo"(e" P"osecuto" $asa if 0ou

)ill /e a/le to identif0 the speci(en )hich 0ou said 0ou /ought f"o( accused +oselito e"an, do 0ou

"e(e(/e" having said that

A: es, (aa(.

M: 8ill 0ou still /e a/le to identif0 the speci(en if it )ill /e sho)n to 0ou again

A: es, (a a(. I )as the one )ho. . . inte""upted

M: 8ill 0ou /e a/le to identif0 it

A: es, (a a(.

M: And ho) )ill 0ou /e a/le to identif0 it, ;". 8itness

A: I )as the one )ho placed the (a"6ing on the alleged sha/u.

M: And )hat )e"e the (a"6ings that 0ou placed on the plastic sachet

A: It )as (a"6ed + (a a(.

M: +

A: +.

M: And )ill 0ou 6indl0 tell us )ho placed the (a"6ings + on the plastic sachet
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A: I )as the one )ho (a"6ed the speci(en.

M: And )he"e did 0ou place the (a"6ings ;". 8itness

A: On the plastic sachet.

M: At )hat ti(e did 0ou place the (a"6ings on the plastic sachet

A: Afte" the a""est of the suspect )hen he )as /"ought to ou" office fo" investigation.

M: In othe" )o"ds, )hen did 0ou place the (a"6ings

A: Afte" & p( of August 4, !!4.

M: And at )hat place ;". 8itness

A: At the office.

M: I a( sho)ing 0ou ;". 8itness a plastic sachet, /0 the )a0, ho) (an0 plastic sachets did 0ou /u0 f"o(

the accused

A: One 1 plastic sachet.

M: One plastic sachet onl0, ;". 8itness, I a( sho)ing 0ou a plastic sachet )ith (a"6ings +, )ill 0ou 6indl0

tell us if that is the sa(e plastic sachet that 0ou /ought f"o( the accused and su/seGuentl0 (a"6ed at the

police station

A: his is the plastic sachet su/

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A: ut I did not /"ing it toda0.

M: 8h0 did 0ou not /"ing it toda0 ;". 8itness

A: I onl0 6ne) (a a( that I have (0 hea"ing on +oselito e"an /ut I fo"got to /"ing it, ne7t scheduled

hea"ing nalang po.

M: ;". 8itness, /efo"e 0ou used that /u0-/ust (one0 to /u0 sha/u f"o( the accused ;". 8itness, did 0ou

place (a"6ings on the P1!! /ill

A: es (aFa(

M: And )hat )e"e these (a"6ings did 0ou place on the P1!! /ill

A: I (a"6ed DAID at the left po"tion of the /u0-/ust (one0.

M: And )hat else did 0ou do aside f"o( placing (a"6ings on the P1!! /ill

A: he said (one0 )as then 7e"o7ed fo" five & pieces and then the o"iginal )as 6ept in ou" custod0.

7 7 7 7.14

Continuation of Di"ect-E7a(ination of 8itness PO4 Lno) (e Sia /0 ACP a"ing-uve"a

7 7 7 7

ACP A$IN#-25E$A

M: ;". 8itness, 0ou a"e he"e toda0 fo" the continuation of 0ou" di"ect-e7a(ination. ;a0 )e 6no) if 0ou

al"ead0 /"ought )ith 0ou the /u0-/ust (one0 in connection )ith this case

%E 8INESS

A: es, (aFa(.

ACP A$IN#-25E$A

M: 8ill 0ou 6indl0 /"ing it out and sho) it to this %ono"a/le Cou"t so that the Cou"t (a0 /e a/le toapp"eciate it

%E 8INESS

A: %e"e, (aFa(.

CO2$:
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M: he (one0 is attached to a /lan6 sheet of pape". 8ill 0ou )"ite so(ething a/out it, the case nu(/e"

%E 8INESS

A: es, 0ou" %ono".

ACP A$IN#-25E$A:

M: ;a0 I

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M: 8ho

%E 8INESS

A: PO4 $odolfo Ende"ina, PO %ipolito B"ancia.

%E CO2$:

M: In the p"esence of 0ou" fello) office"s

%E 8INESS

A: es, ou" %ono".

ACP A$IN#-25E$A

M: %o) a/out the police investigato", )as he also p"esent )hen 0ou place this (a"6ings

%E 8INESS

A: In that case (aFa(, I )as also the investigato".

M: ou )e"e also the investigato". And afte" 0ou placed the (a"6ings on that plastic sachet ;". 8itness, the

plastic sachet containing sha/u, )hat else did 0ou do

A: 8e p"epa"ed the la/o"ato"0 e7a(ination, (aFa(.

M: 8ho p"epa"ed the "eGuest fo" la/o"ato"0 e7a(ination

A: I p"epa"ed it, (aFa(.

M: O6a0. And afte" 0ou p"epa"ed the "eGuest fo" la/o"ato"0 e7a(ination, )hat else happened

A: And then )e su/(itted the said speci(en to the c"i(e la/o"ato"0 fo" la/o"ato"0 e7a(ination.

M: 8as the la/o"ato"0 e7a(ination actuall0 conducted on the plastic sachet that 0ou su/(itted A: es,

(aFa(.

M: And )hat )as the "esult of the la/o"ato"0 e7a(ination that )as conducted on the speci(en that 0ou

su/(itted

A: It 0ielded positive "esult fo" ;eth0la(pheta(ine h0d"ochlo"ide, (aFa(.

7 7 7 7

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ACP A$IN#-25E$A

M: Afte" 0ou have a""ested o" afte" the /u0-/ust ope"ation ;". 8itness, do 0ou "e(e(/e" having e7ecuted

an0 docu(ent

%E 8INESS

A: I e7ecuted the Affidavit of Poseu"-u0e". I also p"epa"ed the $efe""al fo" InGuest, the $eGuest fo" D"ug

est and the oo6ing Sheet and A""est $epo"t.

7 7 7 7.1*

On c"oss-e7a(ination, PO4 Sia )as as6ed )h0 he o(itted to (ention in his affidavit his clai(ed (a"6ing of

the confiscated sachet of sha/u. %e could not e7plain his ove"sight e7cept to sa0 that he @fo"got to include a

(ention of the said fact, (aa(.@1&

Ou" $uling

Acco"ding to the CA, the follo)ing ele(ents a"e "eGui"ed to sustain e"ans conviction and these have /een

sho)n to /e p"esent in the case /elo), na(el0: the identit0 of the /u0e" and the selle" the o/

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@0 the ve"0 natu"e of anti-na"cotics ope"ations, the need fo" ent"ap(ent p"ocedu"es, the use of shad0

cha"acte"s as info"(ants, the ease )ith )hich stic6s of (a"i

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he dange"ous d"ug itself, the sha/u in this case, constitutes the ve"0 co"pus delicti of the offense and in

sustaining a conviction unde" $epu/lic Act No. 913&, the identit0 and integ"it0 of the co"pus delicti (ust

definitel0 /e sho)n to have /een p"ese"ved. his "eGui"e(ent necessa"il0 a"ises f"o( the illegal d"ugs

uniGue cha"acte"istic that "ende"s it indistinct, not "eadil0 identifia/le, and easil0 open to ta(pe"ing,

alte"ation o" su/stitution eithe" /0 accident o" othe")ise. hus, to "e(ove an0 dou/t o" unce"taint0 on the

identit0 and integ"it0 of the sei?ed d"ug, evidence (ust definitel0 sho) that the illegal d"ug p"esented incou"t is the sa(e illegal d"ug actuall0 "ecove"ed f"o( the accused-appellant othe")ise, the p"osecution fo"

possession unde" $epu/lic Act No. 913& fails.'Citation o(itted

A"ticle II, Section 1a of the I(ple(enting $ules and $egulations I$$ of $.A. No. 913& p"ovides that to

p"ope"l0 p"ese"ve the integ"it0 and evidentia"0 value of the illegal d"ugs sei?ed pu"suant to a /u0-/ust

ope"ation, o" unde" a sea"ch )a""ant, the follo)ing p"ocedu"es shall /e o/se"ved /0 the app"ehending

office"s, to )it:

7 7 7 7

a he app"ehending office"tea( having initial custod0 and cont"ol of the d"ugs shall, i((ediatel0 afte"

sei?u"e and confiscation, ph0sicall0 invento"0 and photog"aph the sa(e in the p"esence of the accused o"

the pe"sons f"o( )ho( such ite(s )e"e confiscated ando" sei?ed, o" hishe" "ep"esentative o" counsel,

a "ep"esentative f"o( the (edia and the Depa"t(ent of +ustice DO+, and an0 elected pu/lic official )ho

shall /e "eGui"ed to sign the copies of the invento"0 and /e given a cop0 the"eof: P"ovided, that the

ph0sical invento"0 and photog"aph shall /e conducted at the place )he"e the sea"ch )a""ant is se"ved o"

at the nea"est police station o" at the nea"est office of the app"ehending office"tea(, )hicheve" is

p"actica/le, in case of )a""antless sei?u"es P"ovided, fu"the" that non-co(pliance )ith these

"eGui"e(ents unde"

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(an /u0-/ust tea(, onl0 PO4 Sia and PO4 B"ancia testified in cou"t, and PO4 B"ancia hi(self t)ice stated

that he did not )itness the actual /u0-/ust sale as it )as ta6ing-place:

On C"oss-e7a(ination of PO4 B"ancia /0 Att0. Anne #e"aldine Aga"

7 7 7 7

M: And )hat )as 0ou" pa"ticipation in this case, ;". 8itness

A I acted as alala0 o" /ac6-up, (aa(.

M: Did 0ou act as alala0 on that da0

A es, (aa(.

CO2$:

Did 0ou see )hat happened )hile 0ou )e"e acting as alala0 o" /ac6-up

8INESS:

None, 0ou" %ono". ;ala0o po 6asi a6o.

CO2$:

8ala pala, eh ..

A.A#A$:

Nothing fu"the", 0ou" %ono".

BISCA:

$edi"ect, ou" %ono".

CO2$:

P"oceed Biscal.

M: P!4 B"ancia, 0ou )e"e one of those appointed to fo"( a tea(

A: es, (aFa(.

M: And 0ou said, 0ou )e"e onl0 as alala0

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A: es, /ac6-up, (aFa(.

M: 8hat does an alala0 o" /ac6-up do

A: 8e a"e the"e to p"event an0 int"ude" that (a0 p"event ou" ope"ation, (aFa(.

M: %o) fa" )e"e 0ou positioned f"o( the poseu"-/u0e"

A: ;o"e than &-' (ete"s, (aFa(.

M: 8as the"e an0 incident o" int"ude" that stopped 0ou f"o( a""esting the accused

A: None, (aFa(.

M: B"o( )he"e 0ou )e"e, )e"e 0ou a/le to see the p"e-a""anged signal /0 the poseu"-/u0e"

7 7 7 7

A: No, I did not see, (aFa(.

M: As a /ac6-up, )hen did 0ou co(e to see that the deal )as consu((ated

A: 8hen (0 co(panions (oved to Lno) (e Sia to assist hi(, (aFa(.

M: And )hat )as 0ou" last act at that ti(e

A: @2(alala0,@ (aFa(.41

Incidentall0, neithe" did PO4 B"ancia co""o/o"ate PO4 Sias clai( that he and PO4 Ende"ina )e"e p"esent

)hen he (a"6ed the su/

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"eceived, )he"e it )as and )hat happened to it )hile in the possession of the )itness, the condition in

)hich it )as "eceived and the condition in )hich it )as delive"ed to the ne7t lin6 in the chain.*

he $C and CA /oth convicted e"an on the /asis alone of the unco""o/o"ated testi(on0 of PO4 Sia, and

despite the /u0-/ust tea( s une7plained non-o/se"vance of the p"ocedu"es laid do)n in A"ticle II, Section

1a of the I$$ of $.A. No. 913&. As the Cou"t of last "eso"t, )e a"e no) called upon to co""ect this e""o".2nli6e in People of the Philippines v. E"linda ;ali 0 Mui(no a 6 a @inda@, *4)he"e )e found that the

p"osecution adeGuatel0 esta/lished the un/"o6en lin6s in the chain of custod0 of the confiscated d"ug, and

the app"ehending office"s )e"e a/le to p"ese"ve the integ"it0 and evidentia"0 value of the ite( sei?ed and

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hus, the venues of the ph0sical invento"0 and photog"aph0 of the sei?ed ite(s diffe" and depend on

)hethe" the sei?u"e )as (ade /0 vi"tue of a sea"ch )a""ant o" th"ough a )a""antless sei?u"e such as a /u0-

/ust ope"ation.

In sei?u"es cove"ed /0 sea"ch )a""ants, the ph0sical invento"0 and photog"aph (ust /e conducted in the

place )he"e the sea"ch )a""ant )as se"ved. On the othe" hand, in case of )a""antless sei?u"es such as a/u0-/ust ope"ation, the ph0sical invento"0 and photog"aph shall /e conducted at the nea"est police station

o" office of the app"ehending office"tea(, )hicheve" is p"actica/le ho)eve", nothing p"events the

app"ehending office"tea( f"o( i((ediatel0 conducting the ph0sical invento"0 and photog"aph0 of the ite(s

at the place )he"e the0 )e"e sei?ed, as it is (o"e in 6eeping )ith the la)s intent of p"ese"ving thei" integ"it0

and evidentia"0 value.

8hat Section 1 of $.A. No. 913& and its i(ple(enting "ule do not e7p"essl0 specif0 is the (atte" of

(a"6ing of the sei?ed ite(s in )a""antless sei?u"es to ensu"e that the evidence sei?ed upon app"ehension

is the sa(e evidence su/

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e7clusive custod0 the"eof ove"night. All these leave us )ith no conclusion /ut that the"e is se"ious dou/t that

the integ"it0 and evidentia"0 value of the sei?ed ite( have not /een fatall0 co(p"o(ised.

Lapses in the strict compliance with

the requirements of Section 21 of

R.A. No. 9165 must be eplaine! interms of their "ustifiable #roun!s$

an! the inte#rit% an! e&i!entiar%

&alue of the e&i!ence sei'e! must be

shown to ha&e been preser&e!.

In People v. Co"eche,*')e e7plained that the a/ove-cited "ules a"e intended to na""o) the )indo) of

oppo"tunit0 fo" ta(pe"ing )ith evidence, as e7p"essed in Section 11 of $.A. No. 913&. 1wphi1As noted /0 the

Cou"t )hich is )o"th stating:

$A 913& is silent on )hen and )he"e (a"6ing should /e done. On the othe" hand, its i(ple(enting "ules

p"ovide guidelines on the invento"0 of the sei?ed d"ugs, thus: @the ph0sical invento"0 7 7 7 shall /e

conducted at the place )he"e the sea"ch )a""ant is se"ved o" at the nea"est police station o" at the office of

the app"ehending office"tea(, )hicheve" is p"actica/le, in case of )a""antless sei?u"es@ Section 1a of

I(ple(enting $ules and $egulations. In People v. Sanche? #.$. No. 1'&4, 1& Octo/e" !!, &39 SC$A

19*, )e d"e) a distinction /et)een (a"6ing and invento"0 and held that consistent )ith the chain of

custod0 "ule, the (a"6ing of the d"ugs sei?ed )ithout )a""ant (ust /e done @i((ediatel0 upon confiscation@

and in the p"esence of the accused.

he conce"n )ith na""o)ing the )indo) of oppo"tunit0 fo" ta(pe"ing )ith evidence found legislative

e7p"ession in Section 11 of $A 913& on the invento"0 of sei?ed dange"ous d"ugs and pa"aphe"nalia /0

putting in place a th"ee-tie"ed "eGui"e(ent on the ti(e, )itnesses, and p"oof of invento"0 /0 i(posing on theapp"ehending tea( having initial custod0 and cont"ol of the d"ugs the dut0 to @i((ediatel0 afte" sei?u"e and

confiscation, ph0sicall0 invento"0 and photog"aph the sa(e in the p"esence of the accused o" the pe"sons

f"o( )ho( such ite(s )e"e confiscated ando" sei?ed, o" hishe" "ep"esentative o" counsel, a

"ep"esentative f"o( the (edia and the Depa"t(ent of +ustice DO+, and an0 elected pu/lic official )ho

shall /e "eGui"ed to sign the copies of the invento"0 and /e given a cop0 the"eof.@ Although $A 913& is silent

on the effect of non-co(pliance )ith Section 11, its i(ple(enting guidelines p"ovide that @non-

co(pliance )ith these "eGui"e(ents unde"

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office"tea(, shall not "ende" void and invalid such sei?u"es of and custod0 ove" said ite(s.@ *9ut )e added

that the p"osecution /ea"s the /u"den of p"oving

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Y FERRER, REZIN MARTINEZ

Y CAROLINO, and RAFAEL

GONZALES Y CUNANAN,

Accused-Appellants.

D E C I S I O N

MENDOZA,J.:

This is an appeal from the August 7, 2009 Decision[1]of the ourt of Appeals (CA), in A-!.". #-$%. 0&2'9, (hich affirmed

the )e*ruar+ 1&, 200 Decision [2]of the "egional Trial ourt, ranch 1, Dagupan it+ (RTC),in riminal ase $o. 200'-0/2/-

D, finding the accused guilt+ of iolating ection 1&, in relation to ection 11, Article of "epu*lic Act $o. 91'/ for 3ossession

of Dangerous Drugs During 3arties, ocial !atherings or 4eetings.

T! Fa"#$

The nformation indicting the accused reads5

That on or about the 2ndday of September 2006, in the City of Dagupan, Philippines, and

within the jurisdiction of this onorable Court, the abo!e"named accused, #$%&'D (#$T)%*+ y#%*'*S, *D#$ D)+&% y -*$$*$, $*+)% (#$T)%*+ y C#$&')%&, $&'#%D D&$)# y D)#+and $#-#*' &%+#'*S y C.%#%#%, without authority of law, confederating together, acting jointlyand helping one another, did then and there wilfully, unlawfully and criminally, sniff and possessdangerous drugs /shabu residues contained in empty plastic sachets and rolled aluminum foil, duringa party, or at a social gathering or meeting, or in the pro1imate company of at least two /2 persons34Contrary to Section 5, #rticle )), $4#4 756843

%!&$'on o( #! P&o$!")#'on

As culled from the testimonies of prosecution (itnesses, 3olice %fficer 1 ernard A6ardon PO1 Azardon8, one of the

apprehending officers, and 3olice nspector ad+ :llen 4aranion P/Insp. Maranion8, the forensic chemical officer, it appears that

on eptem*er 2, 200', at around 125/ ocloc; in the afternoon, 3%1 A6ardon (as on dut+ at the 3olice ommunit+ 3recinct

along Arellano treet, Dagupan it+, (hen a concerned citi6en entered the precinct and reported that a pot session (as going on in

the house of accused "afael !on6ales (Gonzales)in Trinidad u*diision, Dagupan it+. eapons and Tactics (SWAT)team hied to Trinidad

u*diision, Dagupan it+.

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The accused (ere arrested and *rought to the police precinct. The items found in the room (ere sei6ed and turned oer to

the 3angasinan 3roincial 3olice rime a*orator+ %fficer, 3@nsp. 4aranion. The latter conducted a la*orator+ eamination on

the sei6ed items and all 11/ plastic sachets, 11 pieces of rolled used aluminum foil, and 27 of the 9 pieces of used aluminum foil

tested positie for methamphetamine h+drochloride. The accused (ere su*=ected to a drug test and, ecept for Doria, the+ (erefound to *e positie for methamphetamine h+drochloride.

%!&$'on o( #! D!(!n$!

The defense, through its (itnesses, accused A. 4artine6, Di6on, and ". 4artine6, claimed that in the morning of eptem*er 2,

200', the three of them (ere along Arellano treet in Trinidad u*diision, Dagupan it+, to meet (ith a certain Apper (ho

*umped the passenger =eep of ". 4artine6 and (ho (as to gie the materials for the painting of said =eep. As the+ (ere going

around the su*diision loo;ing for Apper, the+ sa( !on6ales in front of his house and as;ed him if he noticed a person pass

*+. >hile the+ (ere tal;ing, Doria arried. t (as then that fie to seen policemen emerged and apprehended them. The+ (ere

handcuffed and *rought to the police station in 3ere6, Dagupan it+, (here the+ (ere incarcerated and charged (ith sniffing

sha*u.

T! R)*'n+ o( #! RTC

The case against Doria (as dismissed on a demurrer to eidence.

%n )e*ruar+ 1&, 200, the "T rendered its decision, the disposite portion of (hich reads5

9*$*-&$*, premises considered, judgment is hereby rendered finding accused #$%&'D(#$T)%*+ y #ngeles, *D#$ D)+&% y -errer, $*+)% (#$T)%*+ y Carolino, and $#-#*'&%+#'*S y Cunanan .)'T: beyond reasonable doubt of the crime of Possession of DangerousDrugs During Parties, Social atherings or (eetings defined and penali;ed under Section 5 inrelation to Section 55, #rticle )) of $epublic #ct 7568, and each of them is sentenced to suffer thepenalty of life imprisonment and to pay the fine in the amount of P800,000400, and to pay the cost ofsuit4

The subject items are hereby forfeited in fa!or of the go!ernment and to be disposed of in

accordance with the law4

S& &$D*$*D4

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T! R)*'n+ o( #! CA

The A ruled that there (as sufficient eidence to support the findings of the "T as to the constructie possession of the

dangerous drugs *+ the accused. t further held that although the procedure regarding the custod+ and disposition of eidenceprescri*ed *+ ection 21 of ".A. $o. 91'/ (as not strictl+ complied (ith, the integrit+ and eidentiar+ alue of the eidence (ere

nonetheless safeguarded. The A (as of the ie( that the presumption of regularit+ in the performance of official dut+ (as not

sufficientl+ controerted *+ the accused.

$ot in conformit+, the accused no( interposes this appeal *efore this ourt pra+ing for the reersal of the su*=ect

decision, presenting the follo(ing

A$$'+n!n# o( E&&o&$

!or a""used Arnold Marinez, #d$ar Dizon and Rezin Marinez

1. T! *o-!& "o) !&&!d 'n ('nd'n+ #! a"")$!da//!**an#$

#o 0! a'n+ a /o# $!$$'on a# #! #'! o( #!'& a&&!$#2

. T! *o-!& "o) !&&!d 'n no# $!!'n+ #&o)+ #! an#'"$ o( #! /o*'"! #o /*an# #! $a0) /a&a/!&na*'a#o 4)$#'(5 #! a&&!$# o( #! a"")$!da//!**an#$ -'#o)# -a&&an#2

3. T! *o-!& "o) !&&!d 'n no# ('nd'n+ #a# #! corpus delictia$ no# 0!!n $)(('"'!n#*5 !$#a0*'$!d2

. T! *o-!& "o) !&&!d 'n no# ('nd'n+ #! )n"o&&o0o&a#!d #!$#'on5 o( PO1 A7a&don 'n$)(('"'!n# #o

"on'"# #! a"")$!da//!**an#$ o( #! "&'! "a&+!d2

8. T! *o-!& "o) !&&!d 'n no# a")'##'n+ #! a"")$!da//!**an#$.

!or a""used Ra%ael Gonzales

I

THE TRIAL COURT GRA%ELY ERRED IN CON%ICTING THE ACCUSEDAPPELLANT DESPITE

THE PROSECUTIONS FAILURE TO O%ERTHRO THE CONSTITUTIONAL PRESUMPTION OF

INNOCENCE.

II

THE TRIAL COURT GRA%ELY ERRED IN CON%ICTING THE ACCUSEDAPPELLANT DESPITE

THE PROSECUTIONS FAILURE TO ESTA;LISH THE CHAIN OF CUSTODY OF THE ALLEGED

CONFISCATED DRUG.

After an assiduous assessment of the eidentiar+ records, the ourt finds that the prosecution failed to proe the guilt of

the accused. The principal reasons are 1] that the eidence against the accused are inadmissi*leB and 2] that granting the same to *e

admissi*le, the chain of custod+ has not *een dul+ esta*lished.

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Ille$al Arres, Sear"& and Seizure

ndeed, the accused is estopped from assailing the legalit+ of his arrest if he fails to raise such issue *efore arraignment.

[/]

#o(eer, this (aier is limited onl+ to the arrest. The legalit+ of an arrest affects onl+ the =urisdiction of the court oer theperson of the accused. A (aier of an illegal (arrantless arrest does not carr+ (ith it a (aier of the inadmissi*ilit+ of eidence

sei6ed during the illegal (arrantless arrest.[']

Although the admissi*ilit+ of the eidence (as not raised as in issue *+ the accused, it has *een held that this ourt has

the po(er to correct an+ error, een if unassigned, if such is necessar+ in arriing at a =ust decision, [7]especiall+ (hen the

transcendental matter of life and li*ert+ is at sta;e. []>hile it is true that rules of procedure are intended to promote rather than

frustrate the ends of =ustice, the+ neertheless must not *e met at the epense of su*stantial =ustice. Time and again, this ourt has

reiterated the doctrine that the rules of procedure are mere tools intended to facilitate the attainment of =ustice, rather than frustrate

it. Technicalities should neer *e used to defeat su*stantie rights. [9]Thus, despite the procedural lapses of the accused, this ourt

shall rule on the admissi*ilit+ of the eidence in the case at *ench. The clear infringement of the accuseds right to *e protected

against unreasona*le searches and sei6ures cannot *e ignored.

The tate cannot, in a manner contrar+ to its constitutional guarantee, intrude into the persons of its citi6ens as (ell as into

their houses, papers and effects.[10]ec. 2, Art. , of the 197 onstitution proides5

Section 2. -The right of the people to be secure in their persons, houses, papers, and effects againstunreasonable searches and sei;ures of whate!er nature and for any purpose shall be in!iolable, and nosearch warrant or warrant of arrest shall issue e1cept upon probable cause to be determined personally

by the judge after e1amination under oath or affirmation of the complainant and the witnesses he may

produce, and particularly describing the place to be searched and the persons or things to be sei;ed4

This constitutional guarantee, ho(eer, is not a *lan;et prohi*ition against all searches and sei6ures (ithout (arrant.

Arrests and sei6ures in the follo(ing instances are allo(ed een in the a*sence of a (arrant i8 (arrantless search incidental to a

la(ful arrestB[11]ii8 search of eidence in Cplain ie(BC iii8 search of a moing ehicleB i8 consented (arrantless searchB 8

customs searchB i8 stop and fris;B and ii8 eigent and emergenc+ circumstances.[12]

This case (ould appear to fall under either a (arrantless search incidental to a la(ful arrest or a plain ie( search, *oth of

(hich re?uire a la(ful arrest in order to *e considered alid eceptions to the constitutional guarantee. "ule 11& of the "eised

"ules of riminal 3rocedure proides for the circumstances under (hich a (arrantless arrest is la(ful. Thus5Sec4 84Arrest without warrant; when lawful4 # peace officer or a pri!ate person may, without

a warrant, arrest a person=

/a 9hen, in his presence, the person to be arrested has committed, is actually

committing, or is attempting to commit an offense>
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/b 9hen an offense has just been committed and he has probable cause to belie!ebased on personal ?nowledge of facts or circumstances that the person to bearrested has committed it> and

/c 9hen the person to be arrested is a prisoner who has escaped from a penal

establishment or place where he is ser!ing final judgment or is temporarily

confined while his case is pending, or has escaped while being transferred from oneconfinement to another4

)n cases falling under paragraphs /a and /b abo!e, the person arrested without a warrant

shall be forthwith deli!ered to the nearest police station or jail and shall be proceeded against inaccordance with section @ of $ule 5524

A reie( of the facts reeal that the arrest of the accused (as illegal and the su*=ect items (ere confiscated as an incident

thereof. According to the testimon+ of 3%1 A6ardon and his oint Affidait[1&](ith 3%1 Dela ru6, the+ proceeded to, and entered,

the house of accused !on6ales *ased solel+ on the report of a concerned citi6en that a pot session (as going on in said house, to

(it5

A= ) go bac? to the information referred to you by the informant, did he not tell you how many persons

were actually conducting the pot sessionB#= :es, sir4A= 9hen you went to the place of $afael on;ales, of course you were not armed with a search

warrant, correctB#= %one, sir4A= efore the information was gi!en to you by your alleged informant, you did not ?now personally

$afael on;alesB#= ) ha!e not met him3 yet but ) heard his name, sir4

A= 9hen this informant told you that he was told that there was an3 ongoing pot session in the houseof $afael on;ales, was this report to you placed in the police blotter before you proceeded tothe house of $afael on;alesB

#= ) thin? it was no longer recorded, sir4A= )n other words, you did not e!en bother to get the personal data or identity of the person who told

you that he was allegedly informed that there was an ongoing pot session in the house of $afaelon;alesB

#= 9hat ) ?now is that he is a jeepney dri!er of a downtown jeepney but he does not want to beidentified because he was afraid, sir4

A= #nd li?ewise, he did not inform you who told him that there was an ongoing pot session in the

house of $afael on;alesB#= %o more, sir4A= ut upon recei!ing such report from that jeepney dri!er you immediately formed a group and went

to the place of $afael on;alesB#= :es, sir4

1 1 1

A= 9hen you were at the open gate of the premises of $afael on;ales, you could not see what is

happening inside the house of $afael on;alesB
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#= :es, sir4A= :ou did not also see the alleged paraphernalia as well as the plastic sachet of shabu on the table

while you were outside the premises of the property of $afael on;alesB

1 1 1

A= efore they entered the premises they could not see the paraphernaliaB

C&.$T= #nswer4

#= &f course because they were inside the room, how could we see them, sir4A= ut still you entered the premises, only because a certain person who told you that he was informed

by another person that there was an ongoing pot session going on inside the house of $afaelon;alesB

#= :es, sir4A= #nd that is the only reason why you barged in inside the house of $afael on;ales and you arrested

the persons you sawB#= :es, sir45

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%either can it be said that the objects were sei;ed in plain !iew4 -irst, there was no !alidintrusion4 #s already discussed, accused"appellants were illegally arrested4 Second, the e!idence, i4e4,the tea bags later on found to contain marijuana, was not inad!ertently disco!ered4 The police officersintentionally peeped first through the window before they saw and ascertained the acti!ities ofaccused"appellants inside the room4 )n li?e manner, the search cannot be categori;ed as a search of amo!ing !ehicle, a consented warrantless search, a customs search, or a stop and fris?> it cannot e!enfall under e1igent and emergency circumstances, for the e!idence at hand is bereft of any suchshowing4

&n the contrary, it indicates that the apprehending officers should ha!e conducted first asur!eillance considering that the identities and address of the suspected culprits were alreadyascertained4 #fter conducting the sur!eillance and determining the e1istence of probable cause forarresting accused"appellants, they should ha!e secured a search warrant prior to effecting a !alid arrestand sei;ure4 The arrest being illegal ab initio, the accompanying search was li?ewise illegal4 *!erye!idence thus obtained during the illegal search cannot be used against accused"appellants> hence,their acuittal must follow in faithful obeisance to the fundamental law4[19]

t has *een held that personal ;no(ledge of facts in arrests (ithout (arrant must *e *ased upon pro*a*le cause, (hich

means an actual *elief or reasona*le grounds of suspicion. The grounds of suspicion are reasona*le (hen the suspicion, that the

person to *e arrested is pro*a*l+ guilt+ of committing an offense, is *ased on actual facts, that is, supported *+ circumstances

sufficientl+ strong in themseles to create the pro*a*le cause of guilt of the person to *e arrested. [20]

As to paragraph a8 of ection / of "ule 11&, the arresting officers had no personal ;no(ledge that at the time of the

arrest, accused had =ust committed, (ere committing, or (ere a*out to commit a crime, as the+ had no pro*a*le cause to enter the

house of accused "afael !on6ales in order to arrest them. As to paragraph *8, the arresting officers had no personal ;no(ledge of

facts and circumstances that (ould lead them to *eliee that the accused had =ust committed an offense. As admitted in the

testimon+ of 3%1 A6ardon, the tip originated from a concerned citi6en (ho himself had no personal ;no(ledge of the information

that (as reported to the police5E5 (r4 9itness, you claimed that the reason for apprehending all the accused was based on a tip"off by

an informantB#= :es, sir4

A= 9hat e1actly did3 that informant tell youB

#= e told us that somebody told him that there was an ongoing pot session in the house of one of theaccused $afael on;ales, sir4

A= :ou mean to say that it was not the informant himself to whom the information originated but from

somebody elseB#= That was what he told me, sir4

A= ecause of that you proceeded to where the alleged pot session was going onB %o #nswer3A= Did your3 informant particularly pinpointed sic3 to where the alleged pot session was going onB

#= %o more because he did not go with us, sir4A= So you merely relied on what he said that something or a pot session was going on somewhere in

#rellano but you dont ?now the e1act place where the pot session was going onB#= :es, sir4
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A= #nd 5o)& 'n(o&an# a$ no /!&$ona* hile this

ourt appreciates and encourages the efforts of la( enforcers to uphold the la( and to presere the peace and securit+ of societ+,

(e neertheless admonish them to act (ith deli*erate care and (ithin the parameters set *+ the onstitution and the la(.[2]
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C&ain o% Cusod'

:en granting that the sei6ed items are admissi*le as eidence, the ac?uittal of the accused (ould still *e in order for failure of the

apprehending officers to compl+ (ith the chain of custod+ re?uirement in dangerous drugs cases.

The accused contend that the identit+ of the sei6ed drug (as not esta*lished (ith moral certaint+ as the chain of custod+

appears to *e ?uestiona*le, the authorities haing failed to compl+ (ith ections 21 and ' of ".A. $o. 91'/, and Dangerous Drug

oard (DD)"esolution $o. 0&, eries of 1979, as amended *+ oard "egulation $o. 2, eries of 1990. The+ argue that there (as

no prior coordination (ith the 3hilippine Drug :nforcement Agenc+ (PD#A), no inentor+ of the confiscated items conducted at

the crime scene, no photograph of the items ta;en, no compliance (ith the rule re?uiring the accused to sign the inentor+ and to

gie them copies thereof, and no sho(ing of ho( the items (ere handled from the time of confiscation up to the time of

su*mission to the crime la*orator+ for testing. Therefore, the "orpus deli"i(as not proen, there*+ producing reasona*le dou*t as

to their guilt. Thus, the+ assert that the presumption of innocence in their faor (as not oercome *+ the presumption of regularit+

in the performance of official dut+.

The essential re?uisites to esta*lish illegal possession of dangerous drugs are5 i8 the accused (as in possession of the dangerous

drug, ii8 such possession is not authori6ed *+ la(, and iii8 the accused freel+ and consciousl+ possessed the dangerous drug.

[2/]Additionall+, this *eing a case for iolation of ection 1& of ".A. $o. 91'/, an additional element of the crime is i8 the

possession of the dangerous drug must hae occurred during a part+, or at a social gathering or meeting, or in the proimate

compan+ of at least t(o 28 persons.

The eistence of the drug is the er+ "orpus deli"iof the crime of illegal possession of dangerous drugs and, thus, a

conditionsine *ua nonfor coniction. n order to esta*lish the eistence of the drug, its "&ain o% "usod'must *e sufficientl+

esta*lished. The chain of custod+ re?uirement is essential to ensure that dou*ts regarding the identit+ of the eidence are remoed

through the monitoring and trac;ing of the moements of the sei6ed drugs from the accused, to the police, to the forensic chemist,

and finall+ to the court.[2']Malillin . People(as the first in a gro(ing num*er of cases to eplain the importance of chain of

custod+ in dangerous drugs cases, to (it5

#s a method of authenticating e!idence, the chain of custody rule reuires that the admission

of an e1hibit be preceded by e!idence sufficient to support a finding that the matter in uestion is whatthe proponent claims it to be4 )t would include testimony about e!ery lin? in the chain, from themoment the item was pic?ed up to the time it is offered into e!idence, in such a way that e!ery person

who touched the e1hibit would describe how and from whom it was recei!ed, where it was and whathappened to it while in the witnessE possession, the condition in which it was recei!ed and thecondition in which it was deli!ered to the ne1t lin? in the chain4 These witnesses would then describethe precautions ta?en to ensure that there had been no change in the condition of the item and noopportunity for someone not in the chain to ha!e possession of the same4 2@3

ection 1*8 of DD "egulation $o. 1, eries of 2002, [2]defines chain of custod+ as follo(s5

b4 Chain of Custody means the duly recorded authori;ed mo!ements and custody of sei;ed

drugs or controlled chemicals or plant sources of dangerous drugs or laboratory euipment of each
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stage, from the time of sei;ureFconfiscation to receipt in the forensic laboratory to safe?eeping topresentation in court for destruction4 Such record of mo!ements and custody of sei;ed item shallinclude the identity and signature of the person who held temporary custody of the sei;ed item, the dateand time when such transfer of custody were made in the course of safe?eeping and used in court ase!idence, and the final disposition>

3aragraph 1, ection 21, Article of ".A. $o. 91'/, proides for safeguards for the protection of the identit+ and integrit+

of dangerous drugs sei6ed, to (it5

SEC. 1.Custody and Disposition of Confiscated, Seized, and/or Surrendered Dangerous Drugs,

Plant Sources of Dangerous Drugs, Controlled Precursors and Essential Chemicals,nstruments/Paraphernalia and/or !aboratory E"uipment#The PD*# shall ta?e charge and ha!ecustody of all dangerous drugs, plant sources of dangerous drugs controlled precursors and essentialchemicals, as well as instrumentsFparaphernalia andFor laboratory euipment so confiscated, sei;edandFor surrendered, for proper disposition in the following manner=/5 The apprehending team ha!ing initial custody and control of the drugs shall, immediately aftersei;ure and confiscation, physically in!entory and photograph the same in the presence of the accused

or the personFs from whom such items were confiscated andFor sei;ed, or hisFher representati!e orcounsel, a representati!e from the media and the Department of Gustice /D&G, and any elected publicofficial who shall be reuired to sign the copies of the in!entory and be gi!en a copy thereof4

People . +aanathoroughl+ discusses the proper procedure for the custod+ of sei6ed or confiscated items in dangerous

drugs cases in order to ensure their identit+ and integrit+, as follo(s5

.sually, the police officer who sei;es the suspected substance turns it o!er to a super!isingofficer, who would then send it by courier to the police crime laboratory for testing4 Since it isuna!oidable that possession of the substance changes hand a number of times, it is imperati!e for theofficer who sei;ed the substance from the suspect to place his mar?ing on its plastic container and sealthe same, preferably with adhesi!e tape that cannot be remo!ed without lea!ing a tear on the plasticcontainer4 #t the trial, the officer can then identify the sei;ed substance and the procedure he obser!edto preser!e its integrity until it reaches the crime laboratory4

)f the substance is not in a plastic container, the officer should put it in one and seal the

same4 )n this way the substance would assuredly reach the laboratory in the same condition it wassei;ed from the accused4 -urther, after the laboratory technician tests and !erifies the nature of thesubstance in the container, he should put his own mar? on the plastic container and seal it again with anew seal since the police officers seal has been bro?en4 #t the trial, the technician can then describe thesealed condition of the plastic container when it was handed to him and testify on the procedure hetoo? afterwards to preser!e its integrity4

)f the sealing of the sei;ed substance has not been made, the prosecution would ha!e to

present e!ery police officer, messenger, laboratory technician, and storage personnel, the entire chainof custody, no matter how briefly ones possession has been4 *ach of them has to testify that thesubstance, although unsealed, has not been tampered with or substituted while in his care4 273

ection 21a8 of the mplementing "ules and "egulations ""8 of ".A. $o. 91'/ further ela*orates, and proides for, the

possi*ilit+ of non-compliance (ith the prescri*ed procedure5
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/a The apprehending officerFteam ha!ing initial custody and control of the drugs shall, immediatelyafter sei;ure and confiscation, physically in!entory and photograph the same in the presence of theaccused or the personFs from whom such items were confiscated andFor sei;ed, or hisFherrepresentati!e or counsel, a representati!e from the media and the Department of Gustice /D&G, andany elected public official who shall be reuired to sign the copies of the in!entory and be gi!en a copythereof= Pro!ided, that the physical in!entory and photograph shall be conducted at the place where thesearch warrant is ser!ed> or at the nearest police station or at the nearest office of the apprehendingofficerFteam, whiche!er is practicable, in case of warrantless sei;ures> P&o'd!d, ()!& #a# non"o/*'an"! -'# #!$! &!)'&!!n#$ )nd!& 4)$#'('a0*! +&o)nd$, a$ *on+ a$ #! 'n#!+&'#5 and #! !'d!n#'a&5

a*)! o( #! $!'7!d '#!$ a&! /&o/!&*5 /&!$!&!d 05 #! a//&!!nd'n+ o(('"!&=#!a, $a** no# &!nd!& o'd

and 'na*'d $)" $!'7)&!$ o( and ")$#od5 o!& $a'd '#!$.*mphasis supplied3

Accordingl+, non-compliance (ith the prescri*ed procedural re?uirements (ill not necessaril+ render the sei6ure and custod+ of

the items oid and inalid, proided that i8 there is a =ustifia*le ground for such non-compliance, and ii8 the integrit+ and

eidentiar+ alue of the sei6ed items are properl+ presered. n this case, ho(eer, no =ustifia*le ground is found aailing, and it is

apparent that there (as a failure to properl+ presere the integrit+ and eidentiar+ alue of the sei6ed items to ensure the identit+ of

the "orpus deli"i from the time of sei6ure to the time of presentation in court. A reie( of the testimonies of the prosecution

(itnesses and the documentar+ records of the case reeals irrepara*l+ *ro;en lin;s in the chain of custod+.

According to the apprehending police officers in their oint Affidait, the follo(ing (ere confiscated from the accused, to (it5

a S!!&a* /"$of used empty plastic sachets containing suspected shabu residues4

b *ight used /H disposable lighters / two /2 pcs colored orange, two /2 pcs colored yellow, one /5

pc colored green I one /5 pc colored white 4

c S!!&a* /"$of used rolled aluminum foil containing suspected shabu residues4

d S!!&a* /"$of used cut aluminum foil containing suspected shabu residues4

e &ne /5 pc +*a$$ #)0!containing suspected shabu residues403

*mphases supplied3

At the police station, the case, the accused, and the a*oe-mentioned items (ere indorsed to Dut+ nestigator enior

3olice %fficer 1 3edro A3.23

*mphases supplied3
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The letter-re?uest and a*oe-mentioned items (ere su*mitted to 3@nsp. 4aranion *+ 3%& )roilan :ste*an SPO

#sean8. )inal hemistr+ "eport $o. D-02-0' listed the specimens (hich (ere su*mitted for testing, to (it5

SP*C)(*%S S.()TT*D=

# #5 to #558 On! H)nd&!d ('(#!!n ?118@open transparent plastic sachet with tag each containingsuspected shabu residue -'#o)# a& *D#$ D)+&% : -*$$*$, 6 yrs old, single, tricycle dri!er, a resident of

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The 11/ open transparent plastic sachets, 11 pieces of rolled used aluminum foil, and 27 of the 98 pieces of used aluminum foil,

all containing sha*u residue, as identified in the )inal hemistr+ "eport, (ere presented in court and mar;ed as :hi*its # and

series, and series, and and series, respectiel+. aid items (ere identified *+ 3%1 A6ardon and 3@nsp. 4aranion at the (itness

stand.[&/]

The A ruled that the integrit+ and eidentiar+ alue of the su*=ect items (ere properl+ presered as there (as sufficient eidence

to proe that the items sei6ed from the accused (ere the same ones for(arded to the crime la*orator+ for eamination, as sho(n in

the onfiscation "eceipt and the letter-re?uest for la*orator+ eamination.

A reie( of the chain of custod+ indicates, ho(eer, that the A is mista;en.

)irst, the apprehending team failed to compl+ (ith ection 21 of ".A. $o. 91'/. After sei6ure and confiscation of the su*=ect

items, no ph+sical inentor+ (as conducted in the presence of the accused, or their representatie or counsel, a representatie from

the media and the D%, and an+ elected pu*lic official. Thus, no inentor+ (as prepared, signed, and proided to the accused in the

manner re?uired *+ la(. 3%1 A6ardon, in his testimon+,[&']admitted that no photographs (ere ta;en. The onl+ discerna*le reason

proffered *+ him for the failure to compl+ (ith the prescri*ed procedure (as that the situation happened so suddenl+. Thus5

A= ut upon recei!ing such report from that jeepney dri!er you immediately formed a group and went

to the place of $afael on;alesB#= :es, sir4A= Such that you did not e!en inform the PD*# before you barged in that place of $afael on;alesBA: I# -a$ $o $)dd!n*5, [sic]$'&.A= #nd that e1plains the reason why you were not able to ha!e pictures ta?en, is that correctB

#= :es, sir4@3

*mphasis supplied3

The ourt does not find such to *e a =ustifia*le ground to ecuse non-compliance. The suddenness of the situation cannot

=ustif+ non-compliance (ith the re?uirements. The police officers (ere not preented from preparing an inentor+ and ta;ing

photographs. n fact, ection 21a8 of the "" of ".A. $o. 91'/ proides specificall+ that in case of (arrantless sei6ures, the

inentor+ and photographs shall *e done at the nearest police station or at the nearest office of the apprehending officer@team.

>hateer effect the suddenness of the situation ma+ hae had should hae dissipated *+ the time the+ reached the police station, as

the suspects had alread+ *een arrested and the items sei6ed.4oreoer, it has *een held that in case of (arrantless sei6ures nothing

preents the apprehending officer from immediatel+ conducting the ph+sical inentor+ and photograph+ of the items at their place

of sei6ure, as it is more in ;eeping (ith the la(s intent to presere their integrit+ and eidentiar+ alue.[&]

This ourt has repeatedl+ reersed coniction in drug cases for failure to compl+ (ith ection 21 of ".A. $o. 91'/, resulting in

the failure to properl+ presere the integrit+ and eidentiar+ alue of the sei6ed items. ome cases are People . Gar"ia,[39]People

. Dela Cruz,[40]People . Dela Cruz,[41]People . Sanos, r.,[42]People . 0azareno,[43]People . Oreza,[44]arra$a . People,

[45]andPeople . 2i3ura.[46]
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econd, the su*=ect items (ere not properl+ mar;ed. The case of People . San"&ezis instructie on the re?uirement of

mar;ing, to (it5

9hat Section 25 of $4#4 %o4 7568 and its implementing rule do not e1pressly specify is the

matter of Jmar?ingJ of the sei;ed items in warrantless sei;ures to ensure that the e!idence sei;ed uponapprehension is the same e!idence subjected to in!entory and photography when these acti!ities areunderta?en at the police station rather than at the place of arrest4 Consistency with the Jchain ofcustodyJ rule reuires that the Jmar?ingJ of the sei;ed items " to truly ensure that they are the sameitems that enter the chain and are e!entually the ones offered in e!idence " should be done /5 'n #!/&!$!n"! o( #! a//&!!nd!d 'o*a#o&28 '!d'a#!*5 )/on "on('$"a#'on.This step initiates the process ofprotecting innocent persons from dubious and concocted searches, and of protecting as well theapprehending officers from harassment suits based on planting of e!idence under Section 27 and onallegations of robbery or theft4

-or greater specificity, Jmar?ingJ means the placing by the apprehending officer or

theposeur$buyerof hisFher initials and signature on the itemFs sei;ed4 1 1 1 Thereafter, the sei;editems shall be placed in an en!elope or an e!idence bag unless the type and uantity of the sei;ed itemsreuire a different type of handling andFor container4 The e!idence bag or container shall accordingly

be signed by the handling officer and turned o!er to the ne1t officer in the chain of custody4

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receipt is made een more du*ious *+ 3%1 A6ardons admission in his testimon+ [/']that he did not personall+ prepare the

onfiscation "eceipt and he did not ;no( eactl+ (ho did so.

)ourth, according to the ertification[/7]issued *+ the Dagupan 3olice tation, the su*=ect items (ere indorsed *+ 3%1 Dela ru6

to Dut+ nestigator 3%1

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t ma+ *e true that (here no ill motie can *e attri*uted to the police officers, the presumption of regularit+ in the

performance of official dut+ should preail. #o(eer, such presumption o*tains onl+ (hen there is no deiation from the regular

performance of dut+.['7]>here the official act in ?uestion is irregular on its face, the presumption of regularit+ cannot stand.

n this case, the official acts of the la( enforcers (ere clearl+ sho(n and proen to *e irregular. >hen challenged *+ the

eidence of a fla(ed chain of custod+, the presumption of regularit+ cannot preail oer the presumption of innocence of the

accused.[']

This ourt once again ta;es note of the gro(ing num*er of ac?uittals for dangerous drugs cases due to the failure of la(

enforcers to o*sere the proper arrest, search and sei6ure procedure under the la(.['9]ome ona %idearrests and sei6ures in

dangerous drugs cases result in the ac?uittal of the accused *ecause drug enforcement operaties compromise the integrit+ and

eidentiar+ (orth of the sei6ed items. t *ehooes this ourt to remind la( enforcement agencies to eert greater effort to appl+ the

rules and procedures goerning the custod+, control, and handling of sei6ed drugs.

t is recogni6ed that strict compliance (ith the legal prescriptions of ".A. $o. 91'/ ma+ not al(a+s *e possi*le. Thus, as

earlier stated, non-compliance there(ith is not necessaril+ fatal. #o(eer, the lapses in procedure must *e recogni6ed, addressed

and eplained in terms of their =ustifia*le grounds, and the integrit+ and eidentiar+ alue of the eidence sei6ed must *e sho(n to

hae *een presered.[70]

%n a final note, this ourt ta;es the opportunit+ to *e instructie on ec. 11 [71]3ossession of Dangerous Drugs8 and ec.

1/[72]

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the chain of custod+ intact, the la( enforcers should hae filed charges under ec. 1/, ".A. $o. 91'/ or for use of dangerous drugs

and, if there (as no residue at all, the+ should hae *een charged under ec. 1[7&]3ossession of :?uipment, nstrument, Apparatus

and %ther 3araphernalia for Dangerous Drugs During 3arties, ocial !atherings or 4eetings8. ec. 1 proides that the maimum

penalt+ under ec. 12 [7]3ossession of 3ossession of :?uipment, nstrument, Apparatus and %ther 3araphernalia for Dangerous

Drugs8 shall *e imposed on an+ person (ho shall possess an+ e?uipment, instrument, apparatus and other paraphernalia fordangerous drugs.

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PEOPLE OF THE PI/LIPPINES,Plaintiff-Appellee,

vs.

GLENN S&LV&/OR y %&L VER/E, a$ /OR* &NN P&RCON y /EL ROS&RIO,Accused,

GLENN S&LV&/OR y %&LVER/E,Accused-Appellant.

D E C I S I O N

/EL C&STILLO, J.:

In a /u0-/ust ope"ation, the failu"e to conduct a ph0sical invento"0 and to photog"aph the ite(s sei?ed f"o(

the accused )ill not "ende" his a""est illegal o" the ite(s confiscated f"o( hi( inad(issi/le in evidence as

long as the integ"it0 and evidentia"0 value of the said ite(s have /een p"ese"ved. 1

Bactual Antecedents

Bo" "evie) is the Decisiondated Septe(/e" *, !!9 of the Cou"t of Appeals CA in CA-#.$. C$ %.C. No.

!44! that affi"(ed in toto the +anua"0 1&, !! Decision4of the $egional "ial Cou"t $C, "anch ,Mue?on Cit0, in C"i(inal Case Nos. M-!4-1!'99-!!. he said $C Decision found. #lenn Salvado" 0

alve"de appellant guilt0 /e0ond "easona/le dou/t of violation of Section & illegal sale, and accused

Do"0 Ann Pa"con 0 Del $osa"io Pa"con guilt0 /e0ond "easona/le dou/t of violation of Section 11 illegal

possession, /oth of A"ticle II, $epu/lic Act No. 913& $A913&, othe")ise 6no)n as the Co(p"ehensive

Dange"ous D"ugs Act of !!.

he Info"(ation*fo" violation of Section &, A"ticle II of $A 913& filed against appellant in C"i(inal Case No.

M-!4-1!'99 has the follo)ing accusato"0 po"tion:

hat on o" a/out the 4"d da0 of Septe(/e", !!4 in Mue?on Cit0, Philippines, the said accused, not /eing

autho"i?ed /0 la) to sell, dispense, delive", t"anspo"t o" dist"i/ute an0 dange"ous d"ug, did, then and the"e,

)illfull0 and unla)full0 sell, dispense, delive", t"anspo"t, dist"i/ute o" act as /"o6e" in the said t"ansaction,

one 1 plastic sachet of )hite c"0stalline su/stance containing ?e"o point ?e"o fou" !.!* g"a( of

;eth0la(pheta(ine %0d"ochlo"ide a dange"ous d"ug.

CON$A$ O A8.&

8hile the pe"tinent po"tion

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