Case Summary (G.R. No. 129486)
Charges and Pre-trial Proceedings
On June 16, 2016, separate informations charged Azis with possession of 491.69 g and Macadato with 131.09 g of shabu, in violation of Section 11, Article II of RA 9165. The RTC consolidated both cases on July 8, 2016. Both accused pleaded not guilty.
The Prosecution Evidence
The prosecution presented testimonies of PO1 Alcova, PO1 Lacson, and PO2 Pascual, and stipulated the report of Forensic Chemist Cejes. After marking the seized items at the arrest site, officers retreated due to a hostile crowd and conducted inventory and photography at the police station in the presence of a media representative. Laboratory tests confirmed the seized material as methamphetamine hydrochloride.
The Defense Version
Azis alleged that officers forcibly entered his home earlier in the day, destroyed property, planted evidence, and later introduced Macadato at the station. Imam Sharief and Monacaya purportedly witnessed Macadato’s arrest but admitted they did not know why he was taken into custody. The defense contested the legality of the arrest and challenged the chain of custody.
RTC Findings and Decision
The RTC found the arrests lawful in flagrante delicto and the subsequent search valid as incidental to arrest. It upheld that marking occurred at the place of apprehension and that inventory and photography at the station were justified by safety concerns. The court rejected the frame-up defense for lack of credible corroboration and sentenced both appellants to life imprisonment and a ₱500,000 fine each.
Court of Appeals Ruling
The CA affirmed. It held that Alcova’s close-range observation and hearing of “tamok” established probable cause for warrantless in flagrante delicto arrests. The incidental search rendered the seized drugs admissible. The absence of an elected official or DOJ representative during inventory was excused by justifiable operational exigencies, with a media witness sufficing to preserve evidentiary integrity.
Issues on Appeal and Governing Principles
Under the 1987 Constitution, the Court reiterated that possession of a dangerous drug requires proof of unauthorized, conscious control over the substance. A warrantless arrest is lawful when the offense is witnessed by the arresting officer (Rule 113, Sec. 5[a]). The chain of custody rule demands evidence of an unbroken sequence—from seizure and marking to laboratory analysis and court presentation—but allows “substantial compliance” where justifiable grounds exist and integrity is preserved.
Lawful Warrantless Arrest
Alcova’s testimony of hearing “tamok” and observing the handover of suspected shabu from 1.5 meters away satisfied probable cause for an in flagrante delicto arrest. The search that yielded 622.78 g of shabu was valid as incidental to a lawful arrest, rendering the seized items admissible.
Chain of Custody and Substantial Compliance
The Court identified four links: marking at seizure, turnover to the investigator, submission to the forensic chemist, and presentation to the court. Although inventory and photography occurred at the police station d
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Procedural History
- Two separate Informations dated June 16, 2016 charged the accused-appellants with violation of Section 11, Article II of R.A. 9165 in Caloocan City.
- The Regional Trial Court (RTC), Branch 127, granted consolidation of Criminal Cases No. C-97030 (Azis) and No. C-97031 (Macadato) by Order dated July 8, 2016.
- After trial, RTC rendered judgment on February 22, 2019, convicting both appellants of illegal possession of dangerous drugs, imposing life imprisonment and P500,000 fine each.
- On August 24, 2020, the Court of Appeals (CA) in CA-G.R. CR-HC No. 12604 affirmed the RTC decision.
- Accused-appellants elevated the case to the Supreme Court by petition for review on certiorari.
Facts of the Case
- June 15, 2016 at around 5:00 p.m., PO1 Jordan A. Alcova and team conducted “Oplan Galugad” in Phase 12, Barangay 188, Tala, Caloocan City.
- From approximately 15 meters away, PO1 Alcova saw two men carrying sling bags; upon closing to 1.5 meters heard one man say “eto pa yung tamok galing kay Patak.”
- Accused-appellant Azis produced and handed a plastic bag of suspected shabu to companion Macadato, who stowed it in his sling bag.
- Both were immediately apprehended; PO1 Alcova seized Azis’s bag containing five marked sachets totaling 491.69 g shabu and one firearm; PO1 Carlon Lacson seized Macadato’s bag containing six marked sachets totaling 131.09 g shabu.
- Mob convergence forced the officers to relocate to their station for inventory and photography in the presence of media representative Bernard Ariate and appellants.
- Seized items and chain of custody forms were turned over to PO2 Jerome Pascual, who sent them to NPD Crime Laboratory; Forensic Chemist Lourdeliza G. Cejes tested them positive for methamphetamine hydrochloride.
Prosecution’s Evidence
- Testimony of PO1 Jordan A. Alcova detailing the in flagrante delicto observation, arrest, marking and seizure of shabu sachets and a firearm.
- Testimony of PO1 Carlon Dave Lacson confirming seizure and marking of Macadato’s six sachets.
- Testimony of PO2 Jerome Pascual on inventory, photographing, turnover to crime laboratory, and chain of custody forms.
- Stipulated testimony of Forensic Chemist Lourdeliza G. Cejes reporting positive qualitative examination of seized items.