Case Digest (G.R. No. 252154)
Facts:
People of the Philippines v. Tamil Selvi Veloo and N. Chandrar Nadarajan, G.R. No. 252154, March 04, 2021, the Supreme Court First Division, Peralta, C.J., writing for the Court.The accused-appellants, Tamil Selvi Veloo and N. Chandrar Nadarajan, both Malaysian nationals, were charged in two separate Informations (Criminal Case Nos. R-PSY-12-05297-CR and R-PSY-12-05298-CR) with violation of Section 5, Article II of R.A. No. 9165 (transportation of dangerous drugs) for allegedly transporting heat-sealed plastic packs containing methamphetamine hydrochloride (shabu) with a combined weight of several kilograms. The cases proceeded to a joint pre-trial and trial where both accused pleaded not guilty.
On June 16, 2012, Veloo and Nadarajan arrived on Philippine Airlines Flight PR 319 from Hong Kong to NAIA Terminal 2. At the conveyor, Veloo allegedly took a black Dibola luggage and Nadarajan a black Phoenix bag; both later queued at adjacent customs lanes. Customs Examiner Carol Buenconsejo inspected Veloo’s Dibola bag after becoming suspicious, opened a false bottom and found a small clear plastic pack; further examination in the Exclusion Room revealed ten heat-sealed packs weighing about four kilos. Veloo pointed to Nadarajan as “my husband,” and customs officers thereafter apprehended Nadarajan, who did not have his luggage at that moment. Punzalan’s men retrieved the Phoenix bag from a hotel representative about an hour later; Buenconsejo found six larger heat-sealed packs therein weighing about two kilos. Field testing by Customs personnel was positive for shabu.
Photographing and inventory of the seized items were done, and Turn-Over and Acknowledgment receipts show the bags were turned over to IO2 Julie Lucero of PDEA, who delivered them to Forensic Chemist Arlene Arcos. The forensic laboratory acknowledged receipt on June 17, 2012 and issued chemistry results; the parties stipulated that the specimens examined by the chemist were the same submitted to the trial court. The inventory and photographing for the Dibola bag were done in the presence of the accused, SAII Punzalan, Kagawad Abasola, and a media reporter; however, no Department of Justice (DOJ) representative was present during the inventory.
The Regional Trial Court (Pasay City) promulgated a Joint Decision dated September 15, 2015 finding both accused guilty beyond reasonable doubt in both cases and sentencing each to life imprisonment and fines of Php800,000.00 per case. The Court of Appeals, in CA-G.R. CR-H.C. No. 09033, affirmed the RTC in a Decision dated December 13, 2018. The accused-app...(Pro-only)
Issues:
- Does non‑compliance with Section 21 of R.A. No. 9165 (specifically the absence of a DOJ representative at the inventory) automatically render the seized items inadmissible and require acquittal?
- Was the chain of custody for the items seized from the Dibola bag sufficiently established to sustain conviction?
- Was the chain of custody for the items seized from the Phoenix bag broken so as ...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)