In People of the Philippines v. Allan Bermejo y De Guzman, the Supreme Court acquitted the accused due to the prosecution’s failure to prove his guilt beyond a reasonable doubt. The Court emphasized that in drug-related cases, the identity and integrity of the seized drugs must be established with moral certainty. This ruling reinforces the importance of strict adherence to the chain of custody rule, ensuring that the rights of the accused are protected and that convictions are based on solid, credible evidence, not on mere suspicion.

Failing the Chain: When a Buy-Bust Becomes a Bust for Justice

The case revolves around the arrest of Allan Bermejo y De Guzman, who was accused of selling shabu during a buy-bust operation conducted by the Philippine National Police (PNP) in Puerto Princesa City. Bermejo was subsequently convicted by the Regional Trial Court (RTC), a decision affirmed by the Court of Appeals (CA). However, the Supreme Court (SC) took a different view, focusing on the integrity of the evidence presented against Bermejo, particularly the chain of custody of the seized drugs. This analysis delves into the facts, the Court’s reasoning, and the implications of this decision.

The prosecution’s version of the events involved a buy-bust operation where a civilian asset allegedly purchased two sachets of shabu from Bermejo using marked money. The buy-bust team members testified that they witnessed the transaction from inside a tinted van and subsequently arrested Bermejo. Bermejo, on the other hand, denied the charges, claiming he was merely in the area to buy chao-long when he was suddenly apprehended by police officers. He further alleged that the civilian asset was driving the police van that arrested him.

The legal framework for drug-related offenses in the Philippines is primarily governed by Republic Act No. 9165, also known as the Comprehensive Dangerous Drugs Act of 2002. Section 5, Article II of this Act penalizes the sale, trading, administration, dispensation, delivery, distribution, and transportation of dangerous drugs and/or controlled precursors and essential chemicals. The prosecution must establish the elements of the offense, including the identity of the buyer and seller, the transaction, and the existence of the illegal drug. Furthermore, the prosecution must prove beyond a reasonable doubt that the substance presented in court is the same one seized from the accused.

One of the most critical aspects of drug-related prosecutions is the establishment of the chain of custody. This legal principle ensures the integrity and evidentiary value of the seized drugs by tracking their movement from the moment of seizure to their presentation in court. The Supreme Court has consistently emphasized the importance of an unbroken chain of custody to avoid any doubts about the identity and integrity of the corpus delicti, or the body of the crime. The chain of custody involves several crucial steps, as stated in People v. Siaton:

First, the seizure and marking, if practicable, of the illegal drug recovered from the accused by the apprehending officer;
Second, the turnover of the illegal drug seized by the apprehending officer to the investigating officer;
Third, the turnover by the investigating officer of the illegal drug to the forensic chemist for laboratory examination; and
Fourth, the turnover and submission of the marked illegal drug seized by the forensic chemist to the court.

In Bermejo’s case, the Supreme Court found significant gaps in the chain of custody. Firstly, the marking of the seized sachets was not done immediately at the place of seizure, nor was it done in the presence of the accused. Instead, the marking occurred at the police station, raising doubts about the integrity of the evidence. As the court noted in People v. Saragena, “in a warrantless search as in this case, the marking of the drug must be done in the presence of the accused and at the earliest possible opportunity.”

Secondly, the police officers failed to take photographs of the seized drugs, and they failed to provide any justifiable explanation for their non-compliance. Also, there was no proof that an inventory was done in the presence of the accused. This failure to comply with the mandatory requirements of Section 21 of RA 9165 cast further doubt on the prosecution’s case. The Supreme Court highlighted the importance of explaining any lapses in procedure, which the prosecution failed to do.

Thirdly, significant gaps existed in the turnover of the specimen for laboratory examination. The specimen was allegedly brought to Camp Vicente Lim in Laguna, but the laboratory examination was conducted in Camp E Navarro in Calapan City (Mindoro Oriental). The prosecution failed to explain this discrepancy. Moreover, the weight of the specimen stated in the Request for Laboratory Examination differed from that stated in the Chemistry Report, further eroding the credibility of the evidence. SPO3 Eleazar admitted that they brought not only the specimen in Bermejo’s case but also items related to other cases. Given this fact, the possibility of a mix-up with other specimens looms large.

The consequences of these failures are profound. As the Court emphasized in People v. Zakaria, the State bears the burden of proving the corpus delicti beyond a reasonable doubt. The prosecution fails to meet this burden when the dangerous drugs are missing or when there are substantial gaps in the chain of custody. As a result, the Court acquitted Bermejo, underscoring that in drug cases, any reasonable doubt must be resolved in favor of the accused. This decision sends a strong message that law enforcement officers must adhere strictly to the procedural safeguards outlined in RA 9165 to ensure the integrity of the evidence and protect the rights of the accused.

The decision in People of the Philippines v. Allan Bermejo y De Guzman highlights the critical importance of the chain of custody in drug-related cases. It serves as a reminder to law enforcement agencies to follow the prescribed procedures meticulously and to ensure that the rights of the accused are respected throughout the process. The Supreme Court’s ruling reinforces the principle that a conviction cannot be sustained if doubt persists on the identity of the dangerous drugs. Moreover, non-compliance with Section 21 of RA 9165, without justifiable grounds, is fatal to the prosecution’s case.

FAQs

What was the key issue in this case?	The key issue was whether the prosecution adequately established the chain of custody of the seized drugs to prove the corpus delicti beyond a reasonable doubt. The Supreme Court found significant gaps in the chain of custody, leading to Bermejo’s acquittal.
What is the chain of custody in drug cases?	The chain of custody refers to the sequence of transfers of the seized drug, from the moment of seizure to its presentation in court. It ensures the integrity and identity of the drug.
Why is the chain of custody important?	The chain of custody is important because it guarantees that the substance presented in court is the same one seized from the accused. Any break in the chain raises doubts about the integrity of the evidence, which may lead to acquittal.
What are the key steps in the chain of custody?	The key steps are: (1) seizure and marking, (2) turnover to the investigating officer, (3) turnover for laboratory examination, and (4) submission to the court. Each step must be properly documented and accounted for.
What happens if the chain of custody is broken?	If the chain of custody is broken, the integrity of the evidence is compromised. This means that the prosecution may not be able to prove the corpus delicti, leading to the acquittal of the accused.
What is the significance of marking the seized drugs immediately?	Marking the drugs immediately identifies the evidence and distinguishes it from other similar items. It also serves as a reference point for succeeding handlers of the specimen.
What are the requirements under Section 21 of RA 9165?	Section 21 requires that the seized drugs be inventoried and photographed immediately after seizure in the presence of the accused, or his/her representative, a representative from the media, the DOJ, and any elected public official.
What is the effect of non-compliance with Section 21 of RA 9165?	Non-compliance with Section 21 may render the seizure and custody of the drugs void and invalid unless the prosecution can provide justifiable grounds for the non-compliance and prove that the integrity and evidentiary value of the seized items were properly preserved.
What was the outcome of the Bermejo case?	Allan Bermejo was acquitted by the Supreme Court due to the prosecution’s failure to establish an unbroken chain of custody. The Court found that the gaps in the chain of custody raised reasonable doubts about the identity and integrity of the seized drugs.

The Bermejo case serves as a critical reminder that the pursuit of justice requires unwavering adherence to legal principles and procedural safeguards. The importance of upholding individual rights and ensuring the integrity of evidence cannot be overstated. This ruling underscores the necessity for law enforcement agencies to meticulously follow protocol, reinforcing the foundation of trust and fairness in the Philippine justice system.

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 VS. ALLAN BERMEJO Y DE GUZMAN, G.R. No. 199813, June 26, 2019