Title
Lopez vs. People
Case
G.R. No. 188653
Decision Date
Jan 29, 2014
Petitioner acquitted as prosecution failed to establish chain of custody of seized drugs, creating reasonable doubt; search irregularities noted.
A

Case Digest (G.R. No. L-24434)

Facts:

  • Nature of the petition and assailed rulings
    • Petitioner Lito Lopez sought review on certiorari assailing the Decision of the Court of Appeals dated 31 March 2009 in CA-G.R. CR No. 30939.
    • The Court of Appeals affirmed petitioner’s conviction by the Regional Trial Court (RTC), Branch 17, Tabaco City, in Criminal Case No. T-3476.
    • The RTC found petitioner guilty beyond reasonable doubt of illegal possession of dangerous drugs.
  • Information and charge under R.A. 6425
    • Petitioner was charged with violation of Section 16, Article III of Republic Act No. 6425.
    • The Information alleged that on or about 31 July 2000, at 7:30 p.m., at Purok 1, Brgy. Baranghawon, Municipality of Tabaco, Province of Albay, petitioner, with intent to possess and violate the law, willfully and unlawfully possessed and controlled 0.0849 gram of Methamphetamine Hydrochloride (*shabu*).
    • The Information specified that the *shabu* was contained in four (4) small transparent packets, four (4) pieces of aluminum foil, and one (1) transparent plastic packet, both containing *shabu* residue.
    • The Information further alleged lack of authority, license, or permit from the government or duly authorized representatives.
  • Arraignment and plea
    • Upon arraignment, petitioner pleaded not guilty.
  • Prosecution’s evidence on the search and seizure
    • Police leadership and search arrangement
      • SPO4 Benito Bognalos served as team leader of the group implementing the search warrant.
      • The search warrant was issued by Judge Arsenio Base of the Municipal Trial Court of Tabaco, Albay for petitioner’s house.
      • The search team members were SPO3 Domingo Borigas, PO3 Carlos Desuasido, and PO3 Ferdinand Telado.
      • Another group—SPO1 Venancio Rolda, PO3 Cesar Templonuevo, and SPO2 Melchor Codornes—secured the perimeter area.
      • SPO4 Bognalos contacted barangay officials to ask for assistance.
    • Execution of the search and petitioner’s compliance
      • At around 7:30 p.m. of 31 July 2000, the search team, together with three (3) barangay officials, went to petitioner’s house and presented the search warrant.
      • Petitioner eventually relented to the conduct of the search.
    • Items seized and locations found
      • PO3 Desuasido seized a folded piece of paper containing:
        • four (4) 14 x 12 inch transparent plastic packets of white powder,
        • two (2) 2 x 1-1/2 inch plastic sachets containing white powder,
        • a crystal-like stone measuring 2 inches in contoured diameter concealed in the kitchen.
      • SPO3 Borigas found in the bathroom:
        • two (2) 2 x 1-1/2 inch plastic sachets containing white powder.
      • PO3 Telado seized:
        • one (1) 14 x 12 inch plastic packet containing suspected *shabu* residue inside the master’s bedroom,
        • one (1) 1 x 1-1/2 inch plastic sachet containing suspected *shabu* residue,
        • four (4) aluminum rolls,
        • a partly burned piece of paper at one end.
      • Barangay Captain Angeles Brutas witnessed the policemen’s search in petitioner’s kitchen and saw recovery of the plastic sachets containing suspected *shabu*.
      • Barangay Kagawad Leticia Bongon saw the policemen find outside the house a white, round, hard object described as “tawas-like” in the kitchen and aluminum foils allegedly used as *shabu* paraphernalia.
    • Documentation of seizure and handling after search
      • After the search, the seized items were photographed.
      • A seizure receipt, properly acknowledged by petitioner, was issued.
      • Petitioner was brought to the police station.
      • The seized plastic sachets were brought by the Chief of Police to the Legazpi City Crime Laboratory for examination.
    • Forensic examination and identification of the drugs
      • The Forensic Chemist, Police Superintendent Lorlie Arroyo, testified and issued Chemistry Report No. D-111-2000.
      • She found that the seized plastic sachets were positive for methamphetamine hydrochloride (*shabu*).
  • Defense evidence on alleged irregularities during the search
    • Petitioner’s account of the search
      • Petitioner testified that at exactly 7:30 p.m. on 31 July 2000, more than ten (10) policemen barged into his house.
      • He asked their purpose and was told they had a search warrant.
      • Petitioner claimed he could not properly see the search warrant because Butch Gonzales pushed him aside.
      • He stated that while policemen searched different parts of the house, he was made to sit in the living room by PO3 Desuasido.
      • From where he sat, petitioner said he could not see the kitchen or bedroom where plastic sachets were allegedly recovered.
      • He claimed he was asked to sign a seizure receipt but refused.
      • After the search, petitioner was taken into custody and brought to the police station.
    • Corroborating defense testimony
      • Salvacion Posadas, petitioner’s former common-law partner, testified inside petitioner’s house during the search.
      • She corroborated petitioner that they could not witness the search because they were made to sit in the living room.
      • She claimed barangay officials did not accompany the policemen in the search inside the kitchen and bedroom.
  • Trial court disposition
    • On 23 May 2007, the RTC convicted petitioner of illegal possession of *shabu* under Section 16, Article III of R.A. 6425.
    • The RTC dispositive portion sentenced petitioner under the Indeterminate Sentence Law, imposing:
      • a minimum penalty of from four (4) months and one (1) day of arresto mayor in its medium period, and
      • a maximum penalty of to three (3) years of prision correccional in its medium pe...(Subscriber-Only)

Issues:

  • Chain of custody and corpus delicti
    • Whether the prosecution proved beyond reasonable doubt the identity and integrity of the corpus delicti by establishing every link in the chain of custody of the seized *shabu*.
    • Whether the alleged seized drugs were properly marked immediately upon confiscation and in the presence of the accused, as required for maintaining integrity.
  • Marking and evidentiary links
    • Whether the testimonies showed that markings were actually made on the seized items and, if so, when and by whom.
    • Whether the prosecution’s evidence sufficiently established who had custody and control of the seized items during transit, after laboratory examination, and prior to presentation in court.
  • Identification of the seized items in court
    • Whether the seized items presented in court were identified with certainty as the same items allegedly seized from petitioner.
    • Whether inconsistenc...(Subscriber-Only)

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

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