Case Summary (G.R. No. 220456)
Background of the Case
Acub was charged on February 11, 2005, with selling illegal drugs, specifically a sachet containing 0.0188 grams of shabu, during an operation led by the Zamboanga City Police. The case was subjected to trial where the prosecution presented police officers as witnesses, while Acub and his wife testified for his defense, asserting that he was wrongfully accused and arrested.
Trial Court's Findings
The Regional Trial Court (RTC) found Acub guilty on November 4, 2011, upholding the presumption of regularity in the police officers' actions. The trial court dismissed Acub's claims of frame-up and lack of inventory of the seized drugs, declaring that the chain of custody was not broken and that Acub was sentenced to life imprisonment and a fine of P500,000.
Court of Appeals Decision
Acub’s appeal was denied by the Court of Appeals in its March 16, 2015 decision. The appellate court affirmed the RTC's conviction, holding that the prosecution established the elements of the illegal sale of drugs and that any procedural lapses in the police's handling of the evidence did not undermine the integrity of the evidence presented.
Legal Issues Raised
Acub raised several arguments on appeal, highlighting the prosecution's noncompliance with Section 21 of the Comprehensive Dangerous Drugs Act, which mandates specific procedures for the custody and disposal of seized drugs. He asserted that:
- The police failed to mark, inventory, and photograph the seized sachet in the presence of required witnesses.
- The prosecution provided no justifiable grounds for these failures.
- The absence of the informant and further proof of the buy-bust operation diminished the reliability of the evidence.
- The lapses constituted gaps in the chain of custody, raising doubt about the identity and integrity of the drugs.
Prosecution's Position
The Office of the Solicitor General contended that all necessary elements for conviction were established, asserting that the irregularities in police procedures did not defeat the outcome since the integrity of the evidence was maintained.
Supreme Court's Ruling
The Supreme Court examined whether Acub's guilt was proven beyond reasonable doubt despite the acknowledged procedural defects. It held that for a conviction of illegal sale of dangerous drugs, the prosecution must unequivocally demonstrate that a transaction occurred and that the seized item—the corpus delicti—was the same as that tested and presented in court.
Chain of Custody and Procedural Compliance
The Court underscored the critical importance of strict adherence to Section 21 of the Comprehensive Dangerous Drugs Act to prevent evidence tampering. It stressed that minor deviations c
...continue readingCase Syllabus (G.R. No. 220456)
Case Background
- The case centers on Gajir Acub y Arakani, also known as "Asaw," who was accused of selling illegal drugs, specifically methamphetamine hydrochloride (shabu).
- Acub was charged under Section 5 of the Comprehensive Dangerous Drugs Act (RA 9165) based on an incident that occurred on February 10, 2005, in Zamboanga City, Philippines.
- The prosecution's narrative involves a buy-bust operation led by undercover police officers, during which Acub allegedly sold a sachet of shabu to a police officer acting as a buyer.
Procedural History
- An Information was filed against Acub on February 11, 2005.
- Upon arraignment, Acub pleaded not guilty.
- The trial involved testimony from three prosecution witnesses (police officers) and the defense presented Acub and his wife, Intan, as witnesses.
- The Regional Trial Court convicted Acub on November 4, 2011, sentencing him to life imprisonment and a fine of P500,000.00.
- Acub appealed the decision, which the Court of Appeals upheld on March 16, 2015, affirming his conviction.
The Buy-Bust Operation
- The operation was initiated after a confidential informant informed the police about Acub's drug selling activities.
- Senior Police Officer 1 Amado Mirasol orchestrated the operation, designating PO2 Ronald Cordero as the poseur-buyer.
- A marked P500.00 bill was used in the transaction, and Acub was arrested shortly after handing over the sachet of shabu to PO2 Cordero.
- Following the ar