Title
People vs. Cardenas y Halili
Case
G.R. No. 229046
Decision Date
Sep 11, 2019
Accused acquitted due to broken chain of custody and non-compliance with RA 9165 procedural safeguards, compromising evidence integrity.
acquittal
violation
unbroken chain of custody

Case Summary (G.R. No. 229046)

Factual Background

The prosecution narrated that a male confidential informant reported to Police Inspector Romeo Rabuya of the Station Anti-Illegal Drugs Special Operations Task Group (SAID-SOTG) the illegal drug activities of a person later identified as accused-appellant. Acting on the report, Police Officers Jorge Santiago and Jayson Perez conducted surveillance and casing at Unang Hakbang St., in front of No. 78, Galas, Quezon City. They reported back that they did not initially see anyone matching the informant’s description.

A buy-bust operation was then recommended, with PO2 Santiago designated as the poseur-buyer using a marked Php100.00 bill. The buy-bust team assembled by PI Rabuya included Police Officer Erwin Bautista, Police Officer Franklin Gadia, and PI Rabuya. Coordination with the Philippine Drug Enforcement Agency (PDEA) was likewise undertaken, and a Pre-Operation Report was prepared.

On the execution of the operation, the team allegedly positioned itself from a distance of around 100 meters while PO2 Santiago and the confidential informant transacted with accused-appellant. When the sale was allegedly consummated, PO2 Santiago reportedly scratched his head as the signal for the team to apprehend accused-appellant. The informant introduced PO2 Santiago to accused-appellant. Accused-appellant allegedly asked whether PO2 Santiago had money to buy drugs. After PO2 Santiago showed the marked bill, accused-appellant allegedly took from his right front pocket a small heat-sealed transparent plastic sachet containing marijuana leaves with fruiting tops and handed it to PO2 Santiago, who in turn gave the marked bill. After the signal, PO2 Santiago allegedly held accused-appellant’s hand to prevent escape. The rest of the team arrived, informed accused-appellant of his constitutional rights, and PO2 Santiago reportedly marked the sachet with his initials “JS” and accused-appellant’s initials “NC.”

The prosecution further claimed that an Inventory Receipt dated September 12, 2008 was accomplished at the same place and that Jimmy Mendoza, described as President of the PDEA Press Corps and a media representative, witnessed the marking and inventory. The seized sachet was placed in a plastic bag and turned over at the police station to investigator Police Officer Jonathan Carranza. A request for laboratory examination was then prepared, and forensic chemist Engr. Leonard M. Jabonillo examined the specimen, issuing Chemistry Report No. D-455-2008 confirming the specimen as marijuana weighing 0.62 gram with markings “JS” and “NC.” The chemist allegedly turned over the sachet to the evidence custodian of the PNP Crime Laboratory.

Accused-appellant, for his part, denied the charge. He testified that on September 12, 2008, around 3:00 p.m., he was at home sleeping when four to five policemen barged in. He asserted that he was apprehended and taken to Police Station 11, where he was forced to admit the alleged crime but refused. He claimed that later, on September 13, 2008, he learned that he was being charged for selling marijuana.

Trial Court Proceedings

After trial, the RTC found accused-appellant guilty beyond reasonable doubt of violating Section 5, Article II of RA 9165. It relied on its assessment that the prosecution’s evidence established a successful buy-bust operation resulting in accused-appellant’s arrest. The RTC imposed life imprisonment and a fine of Five Hundred Thousand Pesos (P500,000.00) and ordered transmittal of the seized dangerous drug to the PDEA for proper disposition.

Appellate Review by the Court of Appeals

Accused-appellant appealed, insisting on innocence. The CA affirmed the conviction in a decision dated June 27, 2016, holding that the totality of the evidence indubitably confirmed guilt beyond reasonable doubt.

Core Issue Before the Supreme Court

The Court framed the issue as whether accused-appellant’s guilt was proven beyond reasonable doubt for the offense charged.

Legal Standards: Elements of Illegal Sale and Proof of Corpus Delicti

The Supreme Court emphasized that, for conviction under Section 5, Article II of RA 9165 for illegal sale of dangerous drugs, the prosecution must prove: (one) the identity of the buyer and seller, the object, and the consideration; and (two) the delivery of the thing sold and the payment therefor. The Court further underscored that in dangerous drugs cases, the State must prove the corpus delicti with the dangerous drug itself treated as the body of the crime. Consequently, compliance with the chain of custody rule becomes crucial to establishing guilt beyond reasonable doubt.

The Court reiterated that chain of custody requires competent evidence on the authorized and duly recorded movements and custody of seized drugs from seizure or confiscation, to receipt in the forensic laboratory, to safekeeping, to presentation in court until destruction. It pointed out the essential links that must be established: (first) seizure and marking by the apprehending officer; (second) turnover by the apprehending officer to the investigating officer; (third) turnover to the forensic chemist; and (fourth) turnover and submission of the marked item to the court.

The Court’s Ruling: Reasonable Doubt and Acquittal

The Supreme Court held that the prosecution failed to establish an unbroken chain of custody. It noted that while the prosecution’s theory indicated that PO2 Santiago turned over the seized item to PO3 Carranza after preparation of the request for laboratory examination, PO2 Santiago’s testimony on the witness stand disclosed an additional intermediary: he testified that he turned over the specimen to SPO1 Ronaldo Corea, who then turned it over to PO3 Carranza. Because SPO1 Corea was not presented, the record failed to explain how he handled the specimen, the condition of the specimen when received, the precautions taken to prevent change, and the manner by which possession was transferred to PO3 Carranza. The Court therefore found that the chain of custody from PO2 Santiago to SPO1 Corea and from SPO1 Corea to PO3 Carranza was not firmly established.

The Court also found similar deficiencies regarding the forensic laboratory handling. The record was silent on how Engr. Jabonillo exactly managed the specimen, and it further failed to identify and present the evidence custodian who allegedly received the specimen after laboratory examination. The Court found no clear and convincing proof of how that anonymous custodian stored the specimen, ensured preservation of its proper condition, or how the specimen was returned to Engr. Jabonillo for presentation at trial. Accordingly, the chain of custody between Engr. Jabonillo and the evidence custodian, and back from the evidence custodian to Engr. Jabonillo, was likewise not satisfactorily established. With the corpus delicti placed in serious doubt, the Court ruled that acquittal was warranted due to reasonable doubt.

Failure to Observe Section 21 of RA 9165 and Absence of Justifiable Grounds

Aside from the chain-of-custody gaps, the Court held that the integrity and credibility of seizure and confiscation were further compromised by the authorities’ failure to observe the mandatory procedural requirements in Section 21 of RA 9165. The Court emphasized the special nature of drug cases and the vulnerability of the corpus delicti to manipulation, hence the strict procedural safeguards intended to ensure moral certainty. It described Section 21 as requiring, among others, immediate physical inventory and photographing after seizure and confiscation in the presence of the accused (or representative/counsel), a representative from the media, a representative from the Department of Justice (DOJ), and any elected public official, all required to sign and receive copies of the inventory.

The Court explained that while the IRR contains a saving clause allowing non-compliance under justifiable grounds if integrity and evidentiary value are preserved, the prosecution must recognize the lapses and sufficiently justify them. Breaches left unacknowledged and unexplained militated against proof beyond reasonable doubt.

Applying these principles, the Court found that the prosecution failed both to recognize and to justify the non-observance of Section 21. It highlighted PO2 Santiago’s testimony showing that, among the three required witnesses, only the media representative witnessed the buy-bust operation. When asked why the barangay/elected official was not procured and why the DOJ was not present, the witness answered that they were already with a media representative and that, in his view, “one representative was okay.” The Court found no justifiable ground for this serious omission.

The Court also relied on the RTC’s factual finding that the police officers did not procure elected barangay officials or a DOJ representative because they mistakenly believed that under Section 21, only one witness was sufficient. This, the Court treated as an unjustified departure from mandatory safeguards.

Irregularities in Marking and the Inapplicability of Presumption of Regularity

The Court further observed that the police officers violated their own ma

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