In People vs. Marco P. Alejandro, the Supreme Court affirmed the conviction for illegal drug sale, emphasizing that while strict adherence to chain of custody procedures is ideal, the paramount concern is preserving the integrity and evidentiary value of the seized drugs. This means that even if there are lapses in following every step of the prescribed procedure, a conviction can still stand if the prosecution clearly demonstrates that the drug presented in court is the same one confiscated from the accused. This decision underscores the importance of meticulous handling of drug evidence while acknowledging practical challenges in law enforcement.

Buy-Bust Blues: Can Imperfect Procedure Doom a Drug Conviction?

The case began when Marco P. Alejandro was caught in a buy-bust operation selling 98.51 grams of methamphetamine hydrochloride (shabu). The Regional Trial Court of Muntinlupa City convicted him, a decision affirmed by the Court of Appeals. Alejandro appealed, arguing that the prosecution failed to prove his guilt beyond reasonable doubt due to procedural lapses in handling the seized drugs, specifically concerning the chain of custody requirements under Republic Act No. 9165, or the Comprehensive Dangerous Drugs Act of 2002. The central question before the Supreme Court was whether these lapses were fatal to the prosecution’s case, or if the evidence was still sufficient to prove Alejandro’s guilt.

At trial, the prosecution presented evidence that a confidential informant arranged a drug deal with a certain “Aida,” leading to a buy-bust operation. SPO1 Jaime A. Cariaso acted as the poseur-buyer, purchasing shabu from Alejandro. SPO1 Norman Jesus P. Platon served as the back-up arresting officer. After the sale, Alejandro and two others were arrested, and the seized drugs were marked, inventoried, and subjected to laboratory examination, which confirmed the substance as methamphetamine hydrochloride. The defense argued that no buy-bust operation occurred, claiming Alejandro was merely visiting a friend and was apprehended without cause. The defense also pointed to alleged inconsistencies in the prosecution’s evidence and procedural lapses in handling the seized drugs.

The Supreme Court emphasized the essential elements for proving illegal sale of dangerous drugs: (1) the transaction or sale took place; (2) the corpus delicti (illicit drug) was presented as evidence; and (3) the buyer and seller were identified. The Court found that all these elements were satisfactorily established. SPO1 Cariaso positively identified Alejandro as the seller. The seized shabu was presented in court and identified as the same substance sold by Alejandro. The Court highlighted the importance of proving the delivery of the drug and the payment made, which were clearly established in this case.

A key issue was the chain of custody of the seized drugs. Section 21 of R.A. No. 9165 and its implementing rules outline specific procedures for handling seized drugs to ensure their integrity. These include immediate marking, physical inventory, and photographing of the drugs in the presence of the accused, a media representative, a representative from the Department of Justice (DOJ), and an elected public official. However, the Implementing Rules and Regulations (IRR) of R.A. No. 9165 provide a crucial qualification:

(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.

The Supreme Court acknowledged that the marking of the seized shabu was not done immediately at the scene of the arrest. It also noted that the inventory was not shown to have been conducted in the presence of the accused. Nevertheless, the Court emphasized that the integrity and evidentiary value of the seized items were preserved. The Court cited previous rulings that the failure to strictly comply with the requirements of Section 21 is not necessarily fatal. What matters most is the preservation of the integrity and evidentiary value of the seized items, as this is crucial for determining the guilt of the accused.

The Court applied the “chain of custody” rule, which requires the prosecution to establish a clear and unbroken chain of possession from the time the drugs are seized until they are presented in court. The Court outlined the four key links in this chain, as articulated in People v. Kamad:

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 from the forensic chemist to the court.

The Court found that the prosecution had successfully established each of these links. SPO1 Cariaso maintained continuous possession of the shabu from the time of seizure until it was turned over to the investigator. He also marked the sachet with his initials and the date of the buy-bust operation. The specimen was then delivered to the PNP Regional Crime Laboratory, and Forensic Chemical Officer Pol. Insp. Apostol, Jr. confirmed that the substance was methamphetamine hydrochloride. The Court noted that the non-presentation of the investigator and the receiving clerk from the crime laboratory as witnesses was not fatal to the prosecution’s case. The prosecution has the discretion to decide which witnesses to present, and there is no requirement in R.A. No. 9165 that every person who came into contact with the seized drugs must testify.

The Court rejected Alejandro’s defense of frame-up and extortion, finding it unsubstantiated. The Court noted inconsistencies in the testimonies of the defense witnesses. The Court also emphasized that frame-up is a common defense in drug cases and is viewed with caution. Alejandro failed to present clear and convincing evidence of improper motive or deviation from duty on the part of the police officers. In the absence of such evidence, the Court gave full faith and credit to the testimonies of the police officers.

Ultimately, the Supreme Court affirmed the lower courts’ decisions, finding Alejandro guilty beyond reasonable doubt of violating Section 5, Article II of R.A. No. 9165. The Court upheld the penalty of life imprisonment and a fine of P1,000,000.00. This case provides a critical clarification on the application of chain of custody rules in drug cases. It emphasizes that while strict compliance with the prescribed procedures is desirable, the overriding consideration is the preservation of the integrity and evidentiary value of the seized drugs. Imperfect compliance does not automatically invalidate a conviction, provided the prosecution can demonstrate an unbroken chain of custody and the reliability of the evidence.

FAQs

What was the key issue in this case?	The key issue was whether procedural lapses in the chain of custody of seized drugs were fatal to the prosecution’s case for illegal drug sale, despite the positive identification of the accused and the presentation of the drug as evidence.
What is the “chain of custody” in drug cases?	The “chain of custody” refers to the documented sequence of possession and handling of seized drugs, from the moment of seizure to its presentation in court, ensuring the integrity and identity of the evidence.
Does non-compliance with Section 21 of R.A. 9165 automatically lead to acquittal?	No, non-compliance does not automatically lead to acquittal. The Supreme Court has clarified that as long as the integrity and evidentiary value of the seized items are properly preserved, the evidence remains admissible.
What elements must be proven for illegal sale of dangerous drugs?	The prosecution must prove that the transaction or sale took place, the illicit drug (corpus delicti) was presented as evidence, and the buyer and seller were identified in court.
Why is the chain of custody so important in drug cases?	The chain of custody is crucial because it ensures that the substance tested in the laboratory and presented in court is the same substance seized from the accused, preventing tampering or substitution.
Who has the burden of proving the chain of custody?	The prosecution has the burden of establishing an unbroken chain of custody to prove that the seized drugs are the same ones presented in court as evidence.
What happens if there are gaps in the chain of custody?	If there are significant gaps in the chain of custody, the court may question the integrity of the evidence, potentially leading to the exclusion of the drug evidence and an acquittal.
What is a “buy-bust” operation?	A “buy-bust” operation is a form of entrapment where law enforcement officers pose as buyers to catch individuals selling illegal drugs. It is a valid method of apprehending drug offenders.
What are the penalties for violating Section 5, Article II of R.A. No. 9165?	The penalties include life imprisonment to death and a fine ranging from P500,000.00 to P10,000,000.00 for selling, trading, administering, dispensing, delivering, giving away, or transporting any dangerous drug.

This case serves as a reminder of the delicate balance between procedural requirements and the pursuit of justice in drug-related offenses. While law enforcement agencies must strive for strict compliance with chain of custody rules, courts recognize that minor deviations should not automatically invalidate a conviction if the integrity of the evidence is demonstrably preserved.

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. MARCO P. ALEJANDRO, G.R. No. 205227, April 07, 2014