Facts:
On 2 September 2009, a confidential informant reported to the police station in Sto. Tomas, Pampanga that a person known as “Ogag” was selling illegal drugs from his residence on Paralaya Street, San Matias, Sto. Tomas, Pampanga. Police Officer 3 Jason Canda relayed the information to their station commander, Police Chief Inspector Ricardo Pangan, Jr. They planned a buy-bust operation in coordination with the Philippine Drug Enforcement Agency (PDEA) and Barangay San Matias Punong Barangay Valeriano C. Lingat, where PO2 Jamil Lugtu would serve as poseur-buyer with PO3 Canda as back-up and arresting officer, while the remaining team provided perimeter security. At the target site, the informant and PO2 Lugtu approached Ogag, while PO3 Canda hid in a strategic location; the informant introduced PO2 Lugtu as a prospective buyer of shabu. PO2 Lugtu handed a P500 bill to Ogag, who gave him two plastic sachets containing a white crystalline substance suspected to be shabu. After the pre-arranged signal was given when PO2 Lugtu scratched his head, PO3 Canda approached, arrested Ogag, frisked him, and informed him of his rights. PO3 Canda then called PCI Pangan and barangay officials to witness the search on Ogag’s person and the seizure of the evidence. They seized the P500 bill used in the transaction and the two plastic sachets, which PO2 Lugtu marked with his initials,
JBL-1 and
JBL-2, and they proceeded to the police station where the items and Ogag were turned over to Senior Police Officer 4 Danilo Fernandez, the chief investigator on duty. The prosecution stated that they prepared the Turn Over Receipt and Confiscation Report, signed by representatives from the Department of Justice (DOJ), the media, and the barangay. The sachets were then brought to the PNP Crime Laboratory by PO2 Fer Adonis Gonzales, where the substance was confirmed to be methylamphetamine hydrochloride. PCI Angel Timario, the chemical officer, testified that he examined the contents of the heat-sealed transparent sachets marked JBL-1 and JBL-2 and confirmed that they contained shabu, but he admitted that he had “no knowledge as to whether the sachets of shabu with markings JBL-1 and JBL-2 were the ones particularly sold by [Dungo] in the instant case.” Dungo, in his defense, denied knowledge of the buy-bust operation and claimed that he was at his workplace when PO2 Lugtu and PO3 Canda arrived, and that after the policemen frisked and searched him, he was brought to the police station, photographed, and later jailed; he also claimed he learned of the case only when it was already filed. The RTC convicted him on 3 May 2014 for
violation of Article II, Section 5, RA 9165, finding the prosecution able to prove the elements of the offense, relying on the presumption of regularity and the absence of evidence of improper motive. The Court of Appeals affirmed in toto, ruling that the lack of physical inventory, photographing, and marking at the place of arrest did not automatically impair the integrity of the evidence because marking and inventory could be done at the police station, provided integrity was preserved and the marking was witnessed by officials. On appeal, the Supreme Court reversed the conviction and acquitted Dungo on the ground of reasonable doubt.
Issues:
Whether the prosecution proved beyond reasonable doubt Dungo’s guilt for
illegal sale of dangerous drugs under
RA 9165 despite alleged gaps and non-compliance affecting the chain of custody of the seized drugs.
Ruling:
Ratio:
Doctrine: