Title
People vs. Jugo y Villanueva
Case
G.R. No. 231792
Decision Date
Jan 29, 2018
Alvin Jugo acquitted due to chain of custody lapses in a drug buy-bust operation, as procedural violations compromised evidence integrity.
acquittal
illegal drug sale
chain of custody

Case Summary (G.R. No. L-5717)

Factual Background

The prosecution alleged that in 2011, the San Fabian Police Station conducted surveillance for three (3) months to verify reports that Jugo was engaged in illegal drug activities. On August 5, 2011, a buy-bust team was formed, with Police Officer 2 Fernando Romero, Jr. (PO2 Romero) as the poseur-buyer, supported by SPO1 Ariel Villegas, PO3 Edmund Disu, Police Officer 3 Cristobal Eslabra, and Police Officer 1 Fernando Berongoy, Jr. The buy-bust site was in front of a carinderia at the specified location.

At about 2:00 p.m., PO2 Romero and a civilian informant met Jugo and his two companions, Amor Lomibao (Lomibao) and Marvin Zamudio (Zamudio). The civilian informant allegedly approached Jugo first, followed by PO2 Romero. Jugo, Lomibao, and Zamudio then executed the transaction with PO2 Romero. PO2 Romero testified that Jugo handed him a heat-sealed plastic sachet containing white crystalline substance after the poseur-buyer provided marked money. After the civilian asset left, PO2 Romero gave the pre-arranged signal, and the team arrested Jugo and the two companions. SPO1 Villegas conducted a body search on Jugo and recovered the marked money. PO2 Romero retained possession of the sachet containing the white crystalline substance.

After the arrest, the team returned to the police station to avoid incident, with PO2 Romero later marking the sachet with the letters “FMR,” photographing the drug and the motorcycle, and preparing documentary requirements, including the Joint Affidavit of Arrest and the Confiscation Receipt and Request for Laboratory Examination. PO2 Romero and PO3 Disu then brought the suspected sachet to the barangay hall to secure the signature of Barangay Captain Alvin Fajardo on the confiscation receipt. The suspected drug was subsequently submitted to the PNP Crime Laboratory for examination. The laboratory examination allegedly showed that the substance contained methamphetamine hydrochloride, a dangerous drug.

Jugo denied the charges. He testified that on August 5, 2011, he went with Lomibao and Zamudio to Barangay Cayanga to borrow money for his wife’s delivery. While traveling back to Barangay Sagud Bahley, they were allegedly flagged down by PO2 Romero and brought to the police station. Lomibao and Zamudio were released, while Jugo remained detained.

RTC Proceedings and Ruling

In a Decision dated June 27, 2014, the RTC found Jugo guilty beyond reasonable doubt of illegal sale of dangerous drugs under Section 5, Article II of RA 9165. The RTC imposed life imprisonment and ordered a fine of P500,000.00. It held that the prosecution established all elements of illegal sale during a valid buy-bust operation. The RTC relied on PO2 Romero’s testimony to identify Jugo as the seller and considered Jugo’s denial insufficient to overturn the prosecution’s evidence.

The Appeal and the Chain-of-Custody Issues

Jugo appealed to the CA, arguing that there were deviations from the chain of custody rule. He emphasized three points: first, that the marking of the drug was allegedly not immediately conducted upon arrest and confiscation; second, that the marking, taking of photographs, and physical inventory were not done in the presence of required witnesses, including a representative from the media, the Department of Justice (DOJ), and an elected public official; and third, that there were discrepancies between PO2 Romero’s testimony and the written documents, because the documents allegedly indicated that the sachet was seized from all three persons (Jugo, Lomibao, and Zamudio), while PO2 Romero claimed the sachet was confiscated only from Jugo.

CA Ruling

In a Decision dated September 27, 2016, the CA affirmed Jugo’s conviction. The CA held that the police officers’ testimonies sufficiently proved that Jugo committed illegal sale of shabu. It credited PO2 Romero’s identification of Jugo as the seller and described PO2 Romero as the poseur-buyer, with a sale price of P300.00. The CA also ruled that Jugo’s warrantless arrest was legal, hence the seized items were admissible. Finally, the CA concluded that the chain of custody was sufficiently established through substantial compliance with the requirements under Section 21, Article II of the Implementing Rules and Regulations (IRR) of RA 9165.

Appellate Review Standard

On appeal, the Court reiterated that an appeal in criminal cases opens the entire case for review. The reviewing tribunal had the duty to correct, cite, and appreciate errors in the appealed judgment, whether assigned or unassigned. The Court also noted that appellate jurisdiction allowed it to examine records and revise the judgment, including the propriety of the conviction.

Legal Framework for Illegal Sale and Chain of Custody

The Court stated that when an accused is charged with illegal sale of dangerous drugs, the prosecution must prove: (a) the identity of the buyer and the seller, the object, and the consideration; and (b) the delivery of the thing sold and the payment. The Court held that the identity of the prohibited drug must be established with moral certainty. To avoid doubt on the drug’s identity, the prosecution must show an unbroken chain of custody from the moment of seizure to its presentation in court as evidence of the corpus delicti.

The Court discussed that Dangerous Drugs Board Regulation No. 1, Series of 2002 defined chain of custody as the duly recorded authorized movements and custody of the seized drugs at each stage, from confiscation to the forensic laboratory and until presentation in court. It then emphasized that Section 21, Article II of RA 9165 prescribed how police officers must handle seized drugs to preserve integrity and evidentiary value. The Court explained that under Section 21, immediately after seizure, the apprehending team must conduct a physical inventory and take photographs of the seized items in the presence of the accused (or his representative or counsel), a representative from the media or DOJ, and an elected public official, who shall sign the inventory copies and be given a copy. The seized drugs must also be turned over to the PNP Crime Laboratory within twenty-four (24) hours from confiscation for examination.

The Court acknowledged jurisprudential recognition that strict compliance might not always be possible under varied field conditions. It referenced the saving clause later crystallized into statute through RA 10640, under which non-compliance with Section 21 could be excused on justifiable grounds without invalidating seizure and custody, provided the integrity and evidentiary value of the seized items were preserved. The Court stressed that to avail of the saving clause, the prosecution must explain the reasons for non-compliance and must prove those justifiable grounds as a matter of fact. It could not presume such grounds.

Court’s Evaluation of the Evidence: Substantial Gaps in Custody

After reviewing the record, the Court found substantial gaps in the chain of custody that were unjustified, thereby undermining the identity, integrity, and evidentiary value of the seized item allegedly attributable to Jugo.

The Court noted that SPO1 Villegas, on re-direct examination, testified that while he was present at the police station when PO2 Romero was preparing the Confiscation Receipt (as claimed as the physical inventory), he admitted he did not see PO2 Romero prepare the receipt. He also claimed lack of knowledge about when it was prepared and who signed it, even though he and PO2 Romero were in the same office. The Court treated this testimony as raising serious questions on whether the confiscation receipt was prepared in an orderly manner.

More importantly, the Court observed that a plain examination of the Confiscation Receipt showed it was not prepared in the presence of the required witnesses. It further held that the prosecution’s claim that an elected public official attended the preparation of the confiscation receipt was belied by the testimonies of PO2 Romero and SPO1 Villegas. PO2 Romero testified that he asked Barangay Captain Alvin Fajardo to sign the confiscation receipt at the barangay hall, and that the signing happened after the document had been prepared and after photographs had already been taken. SPO1 Villegas corroborated that there was no barangay official present during preparation and that it was the job of the MAIDSOTG/PNCO to prepare the document; he also stated he did not know whether Fajardo signed it because no picture was taken to show the signing.

In view of these testimonies and documentary details, the Court held that the preparation of the inventory (through the confiscation receipt) and the taking of photographs were not done in the presence of: (a) the accused or his representative; (b) an elected public official; and (c) a representative from the DOJ or media, contrary to the explicit requirements of Section 21, Article II of RA 9165, as amended by RA 10640. The Court emphasized that in such circumstances, the prosecution had the burden to provide

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