In drug-related offenses, reliance on the presumption of regularity in the performance of official duties by arresting officers is unwarranted if the records show non-compliance with the affirmative safeguards prescribed to preserve the chain of custody of the contraband. The Supreme Court emphasizes that the presumption of regularity applies only when there is no showing of non-compliance with these safeguards. This ruling underscores the importance of protecting individual rights and ensuring that law enforcement adheres strictly to procedural requirements to maintain the integrity of evidence.

When Doubt Shadows Evidence: Examining Chain of Custody in Drug Arrests

The case of Leonardo P. Casona v. People of the Philippines (G.R. No. 179757, September 13, 2017) revolves around the conviction of Leonardo Casona for illegal possession of shabu. The central issue before the Supreme Court was whether the Court of Appeals (CA) erred in affirming Casona’s conviction despite weaknesses in the prosecution’s evidence, particularly concerning the chain of custody of the seized drugs. Casona argued that the police officers lacked probable cause for his arrest and that the chain of custody was not properly preserved, casting doubt on the integrity and evidentiary value of the seized drugs.

The prosecution presented evidence that on February 6, 2004, police officers received a tip about illegal drug activity in Barangay Poblacion, Mandaluyong City. Based on this information, a team was dispatched, and they allegedly witnessed Casona receiving a plastic sachet from another individual. After arresting Casona, they found two plastic sachets containing white crystalline substance, later identified as methamphetamine hydrochloride or shabu. However, Casona denied these allegations, claiming he was arrested while returning from a betting station, and the drugs were planted on him. The Regional Trial Court (RTC) convicted Casona, and the CA affirmed the conviction, giving weight to the police officers’ testimonies under the presumption of regularity in the performance of official duties.

The Supreme Court, however, found the appeal meritorious and reversed Casona’s conviction. The Court emphasized that a conviction must be based on proof beyond reasonable doubt, and in this case, the prosecution fell short. It is wrong for the OSG to vigorously insist that the Supreme Court cannot review the facts of the case. The Court has the power to review any error, even if not assigned by the accused, especially in criminal cases. The Supreme Court cannot ignore the very palpable permissiveness on the part of the RTC and the CA in enforcing the statutory safeguards put in place by Congress in order to ensure the integrity of the evidence to be presented against a violator of the Comprehensive Dangerous Drugs Act of 2002.

The Court noted critical lapses in the police officers’ compliance with Section 21 of Republic Act No. 9165, also known as the Comprehensive Dangerous Drugs Act of 2002, which outlines the procedures for the custody and disposition of confiscated drugs. Section 21 explicitly requires the apprehending team to immediately conduct a physical inventory and photograph the seized drugs in the presence of the accused, a representative from the media, a representative from the Department of Justice (DOJ), and any elected public official. These individuals are required to sign the copies of the inventory and be given a copy thereof. The court noted that there was no showing why no such inventory and photographing of the shabu had been made by the arresting team.

The law states:

Section 21. Custody and Disposition of Confiscated, Seized, and/or Surrendered Dangerous Drugs, Plant Sources of Dangerous Drugs, Controlled Precursors and Essential Chemicals, Instruments/Paraphernalia and/or Laboratory Equipment. – The PDEA shall take charge and have custody of all dangerous drugs, plant sources of dangerous drugs, controlled precursors and essential chemicals, as well as instruments/paraphernalia and/or laboratory equipment so confiscated, seized and/or surrendered, for proper disposition in the following manner:

(1) The apprehending team having initial custody and control of 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;

The Court also noted the fact that it was not established that any of the police operatives had marked the seized shabu at the crime scene and in the presence of the petitioner, a representative of the media, a representative of the DOJ, and any elected official, as similarly required. PO1 Madlangbayan identified the shabu in court through the markings “LCP-1” and “LCP-2” (which were the initials of the petitioner), but there was no testimony by him or any other about the specific circumstances of the placing of such markings, such as the time when and the place where the markings were actually made. This oversight raised further doubts about the integrity of the evidence.

The Supreme Court emphasized that these safeguards are crucial to prevent tampering or substitution of evidence, ensuring the integrity of the chain of custody. The **chain of custody** refers to the duly recorded authorized movements and custody of seized drugs at each stage, from seizure to presentation in court. It includes the identity and signature of the person who held temporary custody, the date and time of custody transfer, and the final disposition. Non-compliance with these requirements, without justifiable grounds, casts doubt on the integrity of the evidence.

The Court clarified that while strict adherence to these rules is not always possible, any deviation must be justified, and the integrity and evidentiary value of the seized items must be preserved. In this case, the police officers failed to provide any explanation for their non-compliance with the procedural safeguards. The CA’s reliance on the presumption of regularity in the performance of official duties was deemed unwarranted, as the presumption applies only when there is no showing of non-compliance. The Supreme Court warned against overreliance on this presumption, especially when it undermines the more fundamental presumption of innocence.

Ultimately, the Supreme Court acquitted Casona, holding that the prosecution failed to establish his guilt beyond reasonable doubt due to the significant lapses in preserving the chain of custody and complying with the mandatory procedural safeguards. This decision underscores the importance of strict adherence to the law and the protection of individual rights in drug-related cases, reinforcing the principle that the presumption of innocence remains paramount.

FAQs

What was the key issue in this case?	The key issue was whether the Court of Appeals erred in affirming the conviction despite weaknesses in the prosecution’s evidence regarding the chain of custody of the seized drugs.
What is the ‘chain of custody’ in drug cases?	The chain of custody refers to the documented sequence of possession of evidence, showing who handled it, when, and what changes occurred to it, ensuring its integrity from seizure to court presentation.
What safeguards are required by Section 21 of RA 9165?	Section 21 of RA 9165 requires that seized drugs be immediately inventoried and photographed in the presence of the accused, a media representative, a DOJ representative, and an elected official.
What happens if the police fail to comply with these safeguards?	Failure to comply with these safeguards, without justifiable reason, casts doubt on the integrity of the evidence and may lead to the acquittal of the accused.
What is the presumption of regularity?	The presumption of regularity is a legal principle that assumes public officials perform their duties lawfully and in good faith, but this presumption cannot override the presumption of innocence.
Why did the Supreme Court acquit Leonardo Casona?	The Supreme Court acquitted Casona because the police officers failed to properly preserve the chain of custody and comply with mandatory procedural safeguards, thus failing to prove his guilt beyond a reasonable doubt.
What is the significance of having media and DOJ representatives present during the inventory?	The presence of media and DOJ representatives is designed to ensure transparency and prevent tampering or substitution of evidence, thus insulating the process from suspicion.
What is the role of the presumption of innocence in criminal cases?	The presumption of innocence is a fundamental right, stating that every accused person is presumed innocent until proven guilty beyond a reasonable doubt, and the burden of proof lies with the prosecution.

The Casona case serves as a crucial reminder of the importance of adhering to procedural safeguards in drug-related offenses. The ruling underscores that the presumption of regularity in the performance of official duties should not be blindly applied, especially when there are clear indications of non-compliance with the law. It is the duty of law enforcement to respect and protect individual rights, ensuring that evidence is handled with utmost care and integrity.

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: Leonardo P. Casona v. People, G.R. No. 179757, September 13, 2017