In People v. Basman, the Supreme Court affirmed the conviction of Mike Steve Basman and Rashid Mangtoma for drug pushing, emphasizing that the integrity and evidentiary value of seized drugs are paramount in determining guilt or innocence, even if there are procedural lapses in handling the evidence. The Court reiterated that failure to strictly comply with procedures for inventorying seized drugs does not automatically render an arrest illegal or the evidence inadmissible, as long as the chain of custody is substantially maintained. This ruling underscores the importance of preserving the integrity of drug evidence to secure convictions, even when procedural requirements are not perfectly followed.

Did Police Procedure Overshadow Proof of the Crime?

Mike Steve Basman and Rashid Mangtoma were convicted by the Regional Trial Court (RTC) of Quezon City for violating Section 5, Article II of Republic Act No. 9165, the Comprehensive Dangerous Drugs Act of 2002, for selling 972.8 grams of methylamphetamine hydrochloride, commonly known as “shabu”. The conviction stemmed from a buy-bust operation conducted by police officers, where PO3 Mohammad Sugod, Jr. acted as the poseur buyer and SPO3 Santiago Gonzales provided backup. Both accused pleaded not guilty, claiming that the police had forced their way into a residence where they were staying and arrested them, further alleging a bribery attempt for their release.

The RTC found the testimonies of the police officers more credible, noting the absence of any malicious intent on their part and pointing out inconsistencies in the accused’s defense. On appeal, the accused argued that there were inconsistencies in the testimonies of the prosecution’s witnesses and that the buy-bust team failed to comply with Section 21(1) of R.A. No. 9165, which outlines procedures for securing evidence and maintaining the chain of custody. The Court of Appeals (CA), however, affirmed the RTC’s decision, emphasizing that the prosecution sufficiently proved the statutory elements of the crime and that allegations of frame-up were a common defense in drug cases, requiring clear and convincing evidence to overcome the presumption of regularity in the performance of official duties.

The Supreme Court, in its review, focused on whether the prosecution had presented sufficient evidence to convict the accused-appellants. The key elements for a successful prosecution of drug pushing or sale of dangerous drugs under Section 5, Article II of R.A. No. 9165, are the identification of the buyer and seller, the object and consideration, and the delivery of the thing sold and the payment thereof. It is essential to establish beyond reasonable doubt that the accused actually sold and delivered a prohibited drug to another, and that the accused knew what was sold and delivered was a prohibited drug. The corpus delicti, which is the body of the crime, must be presented as evidence in court. In this case, PO3 Sugod, Jr., testified to the actual exchange of money for the “shabu,” which was corroborated by SPO3 Gonzales. The seized drug was later identified as methylamphetamine hydrochloride through a forensic report.

The accused-appellants contested the handling of the evidence, citing non-compliance with Section 21 of R.A. No. 9165, which details the procedure for the custody and handling of seized drugs. The **chain of custody rule** is a crucial aspect of drug cases, ensuring the integrity and evidentiary value of the seized items. It involves documenting every link in the chain, from the moment the item is seized to the time it is presented in court. However, the Supreme Court clarified that failure to strictly comply with these procedures does not automatically render the arrest illegal or the evidence inadmissible.

The Court referred to previous rulings to support its position, emphasizing that the preservation of the integrity and evidentiary value of the seized items is of utmost importance. For example, in People v. Domado, the Court stated:

We would like to add that non-compliance with Section 21 of said law, particularly the making of the inventory and the photographing of the drugs confiscated and/or seized, will not render the drugs inadmissible in evidence. Under Section 3 of Rule 128 of the Rules of Court, evidence is admissible when it is relevant to the issue and is not excluded by the law or these rules. For evidence to be inadmissible, there should be a law or rule which forbids its reception. If there is no such law or rule, the evidence must be admitted subject only to the evidentiary weight that will [be] accorded (to) it by the courts. x x x

We do not find any provision or statement in said law or in any rule that will bring about the non-admissibility of the confiscated and/or seized drugs due to non-compliance with Section 21 of Republic Act No. 9165. The issue therefore, if there is non-compliance with said section, is not of admissibility, but of weight — evidentiary merit or probative value — to be given the evidence. The weight to be given by the courts on said evidence depends on the circumstances obtaining in each case.

The Supreme Court found that the police officers had maintained custody of the drug seized from the accused-appellants from the moment of arrest, during transport to the police station, and until the drug was submitted to the crime laboratory for examination. The testimonies of the police officers were consistent, and there were no significant inconsistencies that would cast doubt on the integrity of the evidence. The Court noted the stipulations entered into between the parties regarding the testimony of Forensic Chemist Bonifacio, further supporting the integrity of the evidence. The Court noted that while there was no strict adherence to Section 21, Article II of R.A. No. 9165, this noncompliance did not affect the evidentiary weight of the drug seized because the chain of custody remained unbroken.

The defense of frame-up, often raised in drug cases, was not supported by strong and convincing evidence, and the Court reiterated that the law enforcement agencies are presumed to have acted in the regular performance of their official duties. The defense of denial was also viewed with disfavor, as it is easily concocted and cannot outweigh the positive testimonies of the prosecution witnesses. The Supreme Court emphasized that the findings of fact by the trial court regarding the credibility of witnesses are given great weight and respect, especially when affirmed by the Court of Appeals, unless there are glaring errors or misapprehensions of facts.

FAQs

What was the key issue in this case?	The key issue was whether the evidence presented by the prosecution was sufficient to convict the accused-appellants of selling methylamphetamine hydrochloride, and whether procedural lapses in handling the evidence affected its admissibility and evidentiary weight.
What is the chain of custody rule?	The chain of custody rule refers to the documented process of tracking seized drugs from the moment of seizure to presentation in court. This includes detailing who handled the evidence, when it was transferred, and how its integrity was preserved.
What happens if there are lapses in following the chain of custody?	Lapses in the chain of custody do not automatically render the evidence inadmissible. The court assesses whether the integrity and evidentiary value of the seized items were preserved despite the lapses.
What is a buy-bust operation?	A buy-bust operation is a form of entrapment used by law enforcement to catch individuals engaged in illegal activities, such as drug sales. It involves using undercover officers to purchase drugs from suspects.
What is the corpus delicti in a drug case?	The corpus delicti, or “body of the crime,” refers to the actual substance of the crime. In drug cases, it is the seized illegal drug itself, which must be presented as evidence in court.
What is the significance of Section 21 of R.A. No. 9165?	Section 21 of R.A. No. 9165 outlines the procedures for handling and custody of seized drugs, including the immediate inventory and photographing of the drugs. Compliance is essential for ensuring the integrity of the evidence.
How does the court view the defense of frame-up in drug cases?	The court views the defense of frame-up with skepticism and requires strong and convincing evidence to overcome the presumption that law enforcement agencies acted regularly. It is a common defense in drug cases.
What is the role of forensic chemists in drug cases?	Forensic chemists analyze seized substances to determine if they are illegal drugs. Their reports are crucial in establishing the nature and identity of the drugs, which is a key element in prosecuting drug offenses.

In conclusion, the Supreme Court’s decision in People v. Basman highlights the critical balance between procedural compliance and the preservation of evidence in drug-related cases. While adherence to proper procedures is important, the ultimate determination of guilt or innocence hinges on the integrity and evidentiary value of the seized drugs. This case serves as a reminder that even when procedural lapses occur, the core principle of ensuring the reliability of evidence remains paramount in the pursuit of justice.

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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 v. Basman, G.R. No. 204911, August 06, 2014