Title
People vs. Ortega
Case
G.R. No. 240224
Decision Date
Feb 23, 2022
Ortega acquitted due to prosecution's failure to comply with RA 9165's chain of custody rules, compromising drug evidence integrity.
unbroken chain of custody
procedural requirements
drug cases
A

Case Summary (G.R. No. 240224)

Factual Background

On February 20, 2014, at about 8:30 p.m., police received information from an asset that Ortega was seeking prospective buyers of methamphetamine hydrochloride commonly known as "shabu." A buy-bust team was formed. PO2 Ramon Christopher Diego acted as the poseur buyer. PO2 Lawrence Ganir, PO2 Engelbert Ventura, and PO3 Melecio Antonio, Jr. served as back-up operatives. The team prepared marked buy-bust money amounting to P1,000 and coordinated with the Philippine Drug Enforcement Agency. The operation took place near the Addessa Building at the corner of Basa Street and Rizal Street, Laoag City. An asset introduced PO2 Diego to Ortega, who allegedly handed a small heat-sealed sachet containing a white crystalline substance. PO2 Diego placed the sachet in his pocket, tendered the marked money, and signalled the pre-arranged arrest cry. The back-up operatives arrested Ortega after a brief resistance. A body search allegedly yielded a leather coin purse containing six additional plastic sachets of white crystalline substance. The seized items were photographed, marked, and inventoried at the police station in the presence of Ortega and Barangay Captain Andres. A request for laboratory examination was made and the chemical examiner reported that the substances tested positive for methamphetamine hydrochloride.

Procedural History

The Office of the City Prosecutor of Laoag filed two Informations on March 18, 2014, charging Ortega with violation of Section 5, Article II (illegal sale) in Criminal Case No. 15891 and Section 11, Article II (illegal possession) in Criminal Case No. 15892. Ortega pleaded not guilty at arraignment on April 2, 2014. Trial on the merits followed. The RTC, Branch 13, Laoag City, rendered a decision on August 19, 2016, convicting Ortega on both counts. The Court of Appeals affirmed that judgment in a decision dated November 9, 2017. Ortega appealed to the Supreme Court. The sole issue presented was whether Ortega was guilty of violating Sections 5 and 11, Article II of RA 9165.

Prosecution's Evidence and Contentions

The prosecution relied principally on the testimony of the buy-bust operatives. They recounted the asset tip, the deployment of a poseur buyer, the marked money, the transfer of the sachet during the transaction, the shout of the pre-arranged signal, the subsequent arrest, and the recovery of additional sachets upon search. The prosecution introduced the Inventory/Confiscation Receipt, photographs, and the laboratory report signed by Police Inspector Amiely Ann Luis Navarro, who found the items positive for methamphetamine hydrochloride. The prosecution contended that the elements of illegal sale and possession were satisfied and that the chain of custody and integrity of the seized drugs were preserved.

Defense's Evidence and Contentions

Ortega denied selling or possessing illegal drugs. He testified that he had been at home caring for his children and left to obtain P7,000 for medicine at the direction of his live-in partner, May Ann Colobong. Ortega described being followed, accosted by persons in civilian clothes who handcuffed him, and transported to a vehicle and then to the police station. He maintained that the police confiscated only his cellphone, key chain, and money. Colobong corroborated that she saw Ortega being taken by persons in civilian attire and later learned at the police station that Ortega was implicated in the drug charges. The defense questioned the adequacy of compliance with Section 21 of RA 9165 and suggested a possible compromise of the seized items.

Rulings of the Trial Court and the Court of Appeals

The RTC found Ortega guilty beyond reasonable doubt of illegal sale and illegal possession. The trial court credited the prosecution witnesses over the defense. It determined that the integrity and evidentiary value of the confiscated drugs had been preserved, concluding there was compliance with Section 21 and a perfect chain of custody. The RTC sentenced Ortega to life imprisonment and fines for illegal sale, and to an indeterminate term and fine for illegal possession. The Court of Appeals affirmed in toto on November 9, 2017. The CA characterized the police testimony as straightforward and credible, and it held that despite some procedural lapses, the integrity of the seized drugs remained intact and admissible because strict step-by-step compliance with procedural requirements is not always required.

Issue on Appeal

The Supreme Court framed the single issue as whether Ortega was guilty of violating Section 5 and Section 11, Article II of RA 9165, which turned on both the proof of the substantive elements of the offenses and on the preservation of the identity and integrity of the seized drugs under the chain of custody rule in Section 21.

Supreme Court's Disposition

The Supreme Court found merit in Ortega's appeal and reversed and set aside the Court of Appeals' November 9, 2017 decision. The Court acquitted Ortega of the charged offenses and ordered his immediate release unless lawfully detained for another cause. The Court directed implementation measures including notice to the Director General of the Bureau of Corrections and immediate entry of judgment.

Legal Basis for the Court's Analysis on Elements

The Court agreed with the lower courts that the prosecution presented evidence sufficient to establish the elements of illegal sale and illegal possession as articulated in precedent such as People v. Buesa. The Court reiterated that for illegal sale the prosecution must prove the identity of buyer and seller, the object, the consideration, and the delivery and payment. For illegal possession the prosecution must prove that the accused had possession of the prohibited drug, that such possession was unauthorized, and that it was free and conscious. The Court, however, emphasized that proof of these elements alone is not sufficient in drug cases because the seized drug is the corpus delicti and its identity and integrity must be established beyond reasonable doubt.

Chain of Custody and the Requirement of Section 21

The Court applied governing doctrine that the prosecution must show an unbroken chain of custody from seizure to presentation in court to preclude doubts of switching, planting, or contamination. The Court examined compliance with Section 21 of RA 9165, as then worded prior to amendments by RA 10640, which required the conduct of an immediate physical inventory and photographing of the seized items in the presence of the accused or his representative, a representative from the media, the Department of Justice, and an elected public official. The Court observed that only Barangay Captain Andres was present during the inventory in this case. The Inventory/Confiscation Receipt bore no signature of Ortega or of his counsel or representative. The prosecution conceded there was no proof that Ortega or the required witnesses were furnished copies of the inventory. The Court found no explanation by the prosecution for deviating from the statutory requirements. It noted that a buy-bust operation is planned and the apprehending team ordinarily has opportunity to secure the required witnesses.

Forensic Examination and the Parties' Stipulation

The Court further scrutinised the parties' stipulation to dispense with the liv

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