In People v. Belban Sic-open, the Supreme Court affirmed the conviction of the appellant for the illegal sale of marijuana, emphasizing the importance of maintaining the chain of custody of seized drugs. The Court clarified that while strict adherence to the procedural requirements of Section 21 of R.A. No. 9165 is ideal, non-compliance may be excused if the integrity and evidentiary value of the seized items are properly preserved. This ruling underscores the balance between procedural safeguards and the pursuit of justice in drug-related cases.

From Sayote Plantation to Handcuffs: Did Police Preserve Drug Evidence?

The case began with an informant reporting Belban’s marijuana sales to the Philippine Drug Enforcement Agency (PDEA). IO1 Berto Chumanao, posing as a buyer, arranged a deal for thirty bricks of marijuana. On February 4, 2009, in Poblacion, Kibungan, Benguet, Belban delivered the drugs and received boodle money, leading to his arrest. The central legal question revolved around whether the chain of custody of the seized marijuana was properly maintained, as required by law, to ensure the integrity of the evidence presented against Belban.

Belban’s defense hinged on the argument that the buy-bust team failed to comply with Section 21, Article II of R.A. No. 9165, which mandates specific procedures for handling seized drugs. He contended that the immediate physical inventory and photographing of the marijuana bricks should have been done in his presence, along with representatives from the media, the Department of Justice (DOJ), and a barangay official, at the place of seizure in Kibungan, Benguet.

The Supreme Court, however, found the explanation for the initial non-compliance satisfactory. As IO Chumanao testified, the buy-bust team conducted a preliminary inventory inside their vehicle due to the darkness and concerns for their safety. In this context, the Court referenced the Implementing Rules and Regulations (IRR) of R.A. No. 9165, which provide some flexibility in adherence to Section 21:

(a) The apprehending officer/team having initial custody and control of the drugs shall, immediately after seizure and confiscation, physically inventory and photograph the same in the presence of the accused or the person/s from whom such items were confiscated and/or seized, or his/her representative or counsel, a representative from the media and the Department of Justice (DOJ), and any elected public official who shall be required to sign the copies of the inventory and be given a copy thereof; Provided, that the physical inventory and photograph shall be conducted at the place where the search warrant is served; or at the nearest police station or at the nearest office of the apprehending officer/team, whichever is practicable, in case of warrantless seizures; Provided, further, that non-compliance with these requirements under justifiable grounds, as long as the integrity and the evidentiary value of the seized items are properly preserved by the apprehending officer/team, shall not render void and invalid such seizures of and custody over said items.

Building on this principle, the Court emphasized that the primary goal of Section 21 is to preserve the integrity and evidentiary value of the seized drugs. Several cases support the view that non-compliance with Section 21 and its IRR can be excused if the integrity of the seized drug remains intact. The Court also highlighted the importance of establishing an unbroken chain of custody, which requires accounting for each link in the chain from seizure to presentation in court.

In this particular case, the prosecution successfully demonstrated an unbroken chain of custody, as evidenced by the following:

1. Immediately after the arrest and seizure, IO Chumanao marked the marijuana bricks and their containers in the presence of Belban and the other members of the buy-bust team.
2. Upon arrival at Camp Dangwa, SPO4 Romeo Abordo conducted an inventory of the seized items in the presence of the buy-bust team, Belban, and representatives from the DOJ, the media, and the barangay.
3. SPO4 Abordo kept the non-drug items in the evidence room at Camp Dangwa while delivering the marijuana bricks to the PNP Crime Laboratory.
4. PSI Rowena Fajardo Canlas personally received the request for laboratory examination and the marijuana bricks, verifying that the markings matched the request and conducting the necessary examinations.
5. After the examinations, PSI Canlas turned over the marijuana bricks to PO1 Dennis Delos Reyes, who placed them in the evidence room for safekeeping until they were presented in court.

The Court contrasted the evidence presented by the prosecution with Belban’s defense of denial and frame-up, which it deemed insufficient to overcome the presumption that the police officers properly performed their official duties. The Court has consistently viewed such defenses with disfavor, especially in drug-related cases, unless supported by strong and convincing evidence.

For clarity, the key elements for a successful prosecution of illegal sale of dangerous drugs under Section 5, Article II of R.A. 9165 include:

1. Identification of the buyer and the seller, the object of the sale, and the consideration.
2. Delivery of the thing sold and the payment for it.

In this case, the Court determined that all these elements were met beyond a reasonable doubt. Chumanao identified Belban, the marijuana bricks, and the boodle money. Similarly, other officers corroborated Chumanao’s testimony, and the documentary evidence supported the narrative of the buy-bust operation.

In summary, the Supreme Court affirmed Belban’s conviction, reiterating that the integrity and evidentiary value of seized drugs are paramount. While strict compliance with Section 21 of R.A. No. 9165 is preferred, non-compliance can be excused if justifiable grounds exist and the integrity of the evidence is preserved.

FAQs

What was the key issue in this case?	The key issue was whether the chain of custody of the seized marijuana was properly maintained according to Section 21 of R.A. No. 9165, and if not, whether the non-compliance could be excused.
What is the chain of custody in drug cases?	The chain of custody refers to the documented process of tracking seized drugs from the moment of seizure to their presentation in court as evidence, ensuring their integrity and preventing tampering. It involves recording each transfer, handling, and storage of the drugs.
What does Section 21 of R.A. No. 9165 require?	Section 21 mandates that the apprehending team immediately inventory and photograph the seized drugs in the presence of the accused, a media representative, a DOJ representative, and an elected public official. This should occur at the site of seizure, or the nearest police station if immediate inventory isn’t practical.
What are justifiable grounds for non-compliance with Section 21?	Justifiable grounds include situations where immediate compliance is not feasible due to safety concerns, lack of resources, or other practical considerations. The prosecution must demonstrate that the integrity and evidentiary value of the seized items were properly preserved despite the non-compliance.
What evidence did the prosecution present to show an unbroken chain of custody?	The prosecution presented testimonies and documentary evidence showing that the drugs were marked immediately after seizure, inventoried in the presence of required witnesses, transported securely to the crime laboratory, tested, and stored properly until trial. Each person who handled the drugs testified, ensuring accountability.
Why was the defense of denial and frame-up rejected by the Court?	The Court views denial and frame-up with skepticism, especially in drug cases, unless the accused presents strong and convincing evidence to support these claims. Belban failed to provide sufficient evidence to overcome the presumption that the police officers acted in good faith.
What happens if the chain of custody is broken?	If the chain of custody is broken, the integrity and evidentiary value of the seized drugs may be compromised, potentially leading to the inadmissibility of the evidence in court. This could result in the acquittal of the accused due to reasonable doubt.
How does this case affect future drug-related prosecutions?	This case reinforces the importance of following proper procedures in drug-related prosecutions while acknowledging that strict compliance isn’t always possible. It highlights the need for law enforcement to document the chain of custody meticulously and to provide justifiable reasons for any deviations from the standard procedures.

This case underscores the critical balance between procedural adherence and the preservation of evidence in drug-related cases. While strict compliance with chain of custody rules is ideal, the courts recognize that justifiable deviations may occur. The ultimate focus remains on ensuring the integrity and evidentiary value of seized items to uphold justice.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: PEOPLE OF THE PHILIPPINES, APPELLEE, VS. BELBAN SIC-OPEN Y DIMAS, APPELLANT, G.R. No. 211680, September 21, 2016