Case Summary (G.R. No. 190928)
Prosecution’s Case
The seized sachets were photographed at the PDEA Regional Office, inventoried before civilian and DOJ representatives, then submitted to the PNP Crime Laboratory. Forensic Chemist Pabustan, Jr. confirmed the contents as methamphetamine hydrochloride under Chemistry Report No. D-53-2012. PDEA agents testified without apparent motive to fabricate.
Defense Narrative
Accused-appellants claimed they were merely meeting socially after a court hearing when PDEA agents handcuffed them, seized their cash and phones, and brought them to Camp Ola for questioning—denying any illicit transaction.
Trial Court Findings
On August 23, 2013, the Regional Trial Court convicted both appellants of unlawful sale of shabu, sentencing each to life imprisonment and a ₱1,000,000 fine. The court credited the prosecution witnesses, found no motive for false testimony, and deemed the chain of custody properly established.
Court of Appeals Proceeding
Appellants challenged the conviction on grounds that: (1) inventory and photography were not conducted at the arrest site; and (2) unexplained handover between PDEA and PNP personnel broke the chain of custody. The Office of the Solicitor General maintained the evidence’s integrity. On August 11, 2015, the Court of Appeals affirmed the trial court’s decision.
Supreme Court Resolution on Reconsideration
By Resolution dated November 11, 2021, the Supreme Court affirmed. It held that Agent Tan’s recounting positively identified the sellers and that conducting the inventory at the PDEA office, rather than at the arrest site, did not breach the chain.
Chain of Custody Requirement under RA 9165 and Jurisprudence
Section 21 of RA 9165 mandates immediate on-scene marking, inventory, and photography of seized drugs in the presence of the accused (or counsel), an elected public official, DOJ representative, and media. In warrantless seizures, the “first link”—seizure and marking at the place of arrest—must be followed by on-site inventory and photography unless officers justify why it is impracticable or the evidence faced imminent danger.
Application of People v. Casa and People v. Ismael
In People v. Casa (G.R. No. 254208, March 13, 2023), the Court held that failure to inventory and photograph at the seizure site invalidates the first link absent a specific, practicable justification. Here, Agent Tan offered no reason why the inventory was deferred to the PDEA o
...continue readingCase Syllabus (G.R. No. 190928)
Facts
- Information dated April 20, 2012 charges accused-appellants with conspiracy to sell and deliver two heat-sealed sachets of methamphetamine hydrochloride (“shabu”) in Legazpi City on April 19, 2012, weighing 0.318 g and 0.072 g, for ₱4,500.00.
- At arraignment, Allan Almayda y Selfides and Homero Quiogue y Adornado pleaded not guilty and trial ensued.
Prosecution’s Version
- In March 2012, a confidential informant reported illegal drug activities of Quiogue and “Kalaw” (later identified as Almayda) to the PDEA Regional Office V.
- A buy-bust team was organized: Agent Mari-NiAa Z. Belo (team leader), Agent Daniel Tan (poseur-buyer), Agent Enrique Lucero (arresting officer), and other PDEA agents.
- On April 18, 2012, Almayda insisted on selling a minimum of ₱4,500.00 worth of shabu; meeting set for the next day at 7th Inn Bulaluhan Resto Bar.
- On April 19, at the agreed location, Almayda handed two sachets containing white crystalline substance to Agent Tan, who paid the marked money and signalled consummation by removing his cap.
- Agent Lucero recovered the marked buy-bust money from Quiogue; Agent Tan marked the sachets “DMT A 4-19-12” and “DMT B 4-19-12” at the scene and photographs were taken.
- At the PDEA Regional Office, in the presence of barangay officials, media and a DOJ representative, Agent Tan conducted the inventory; the seized items were then sent to the PNP Crime Laboratory.
- Forensic Chemist Wilfredo Idian Pabustan, Jr. reported in Chemistry Report No. D-53-2012 dated April 19, 2012 that the specimens tested positive for methamphetamine hydrochloride.
Defense’s Version
- Accused-appellants testified that Almayda came from an RTC hearing and met Quiogue at 7th Inn when PDEA agents suddenly arrived.
- They were handcuffed, had their cash and cell phones taken, and were brought to the PDEA office in Camp Ola to answer “questions,” without any in