G.R. No. 253812 - Saban y Bansil vs. People

The case originated from an Information filed before the Regional Trial Court (RTC) of Manila charging Noila Saban y Bansil (also known as "Nawila") with the crime of Illegal Possession of Dangerous Drugs under Section 11 (3), Article II of Republic Act (RA) 9165, the "Comprehensive Dangerous Drugs Act of 2002."
The accusatory portion alleged that on or about December 17, 2014, in the City of Manila, the accused unlawfully and willfully possessed two heat-sealed transparent plastic sachets containing white crystalline methamphetamine hydrochloride (shabu) with a total net weight of 0.1877 gram.

On the morning of December 17, 2014, while visiting her husband at Manila City Jail, Saban was subjected to a body search by Jail Officer 1 (JO1) Linda C. Lominio.

JO1 Lominio noticed an unusual bulge in Saban's cheeks and suspected she was concealing an object.
After initial resistance, Saban eventually produced a folded brown packaging tape which, when opened, revealed two plastic sachets containing a white crystalline substance.

The searchers marked the sachets as “N.B.S. 1 12/17/14” and “N.B.S. 2 12/17/14.”
An inventory was prepared and photographs were taken.
The seized items were turned over to Senior Jail Officer 2 (SJO2) Dominic M. Selibio, who prepared the necessary reportorial documents including a Request for Laboratory Examination.

The items were then delivered to the Philippine Drug Enforcement Agency (PDEA) National Headquarters.

Forensic chemist, Police Chief Inspector Dana Recah Feliz P. Yee, received and conducted a qualitative examination.
The chemical test yielded positive results for methamphetamine hydrochloride, confirming the substance as shabu.

Saban denied the charge, asserting that she was merely visiting her husband and that the search, which eventually led to her detention, produced no evidence initially.
Despite her defense, the RTC found sufficient testimonial and documentary evidence proving that she unlawfully possessed the drug sachets.

The RTC rendered a Decision on January 26, 2018, finding Saban guilty beyond reasonable doubt.

She was sentenced to imprisonment for a period ranging from a minimum of 12 years and 1 day to a maximum of 17 years and 4 months, and was fined PHP 300,000.00.

The decision was affirmed on appeal by the Court of Appeals (CA) with a Decision dated February 18, 2020.
Saban filed a motion for reconsideration, which was denied in a Resolution dated September 18, 2020.
The current petition is a review on certiorari challenging the CA’s affirmation of her conviction.

Whether the prosecution was able to establish the identity of the dangerous drug with moral certainty, particularly with regard to the integrity of the chain of custody.

Did the failure to comply with the procedural requirement for immediate marking, inventory, photography, and the presence of required witnesses warrant a breakdown of the evidentiary chain?

Whether the non-compliance with the mandatory presence of witnesses (an elected public official and a representative of the National Prosecution Service [NPS] or media, per the requirements post-RA 10640) compromised the evidentiary value of the seized drug sachets.
Whether such non-compliance resulted in insufficient evidence to prove Saban’s guilt beyond a reasonable doubt, thus justifying her acquittal.