In People v. Michael Cabuhay, the Supreme Court acquitted the accused, Michael Cabuhay, of illegal drug sale charges due to the prosecution’s failure to establish an unbroken chain of custody for the seized drugs. The Court emphasized that strict adherence to procedural requirements under Republic Act (R.A.) No. 9165, particularly Section 21 concerning the handling of confiscated drugs, is crucial. This ruling underscores the importance of maintaining the integrity and identity of the seized drugs to ensure a fair trial and protect the rights of the accused, setting a precedent for similar drug-related cases.

Cracks in the Chain: When Drug Evidence Fails Scrutiny

Michael Cabuhay was charged with violating Sections 5 and 11 of R.A. No. 9165, for the illegal sale and possession of dangerous drugs. The prosecution alleged that Cabuhay sold 0.04 grams of shabu to a police officer during a buy-bust operation. Additionally, he was found to possess another 0.04 grams of shabu. The Regional Trial Court (RTC) convicted Cabuhay for illegal sale but acquitted him of illegal possession, a decision partially affirmed by the Court of Appeals (CA). Dissatisfied, Cabuhay appealed to the Supreme Court, questioning the integrity of the evidence and the validity of his conviction.

At the heart of this case lies the **chain of custody rule**, a critical concept in drug-related prosecutions. The Supreme Court reiterated that the chain of custody is essential to preserve the integrity and identity of the seized drugs, which constitute the corpus delicti or the body of the crime. As the Court stated in People v. Ismael, G.R. No. 208093, February 20, 2017:

In prosecutions under the law on dangerous drugs, the illegal drug seized from the accused constitutes the corpus delicti of the offense. As the dangerous drug itself constitutes the very corpus delicti of the offense, its identity and integrity must definitely be shown to have been preserved.

This rule mandates a meticulous record of every link in the chain, from the moment of seizure to its presentation in court. It requires testimony from each person who handled the evidence, detailing how it was received, stored, and transferred. This ensures that the evidence presented in court is the same substance seized from the accused, free from tampering or substitution. The chain of custody’s integrity ensures that the accused is properly convicted and that the evidence against him is the same evidence seized from him.

Section 21 of R.A. No. 9165 outlines specific procedures for handling confiscated drugs. It requires the apprehending team to immediately conduct a physical inventory and photograph the seized items in the presence of the accused, a representative from the media, the Department of Justice (DOJ), and an elected public official. These individuals must sign the inventory, and copies must be provided. In this case, the Supreme Court found that these mandatory requirements were not met. The inventory lacked the signatures of the accused or their counsel, representatives from the media, the DOJ, or an elected public official. Furthermore, no photographs of the seized drugs were presented, violating the procedural safeguards outlined in Section 21 of R.A. No. 9165.

The prosecution’s failure to comply with Section 21 raised serious doubts about the integrity of the shabu allegedly seized from Cabuhay. While the Court acknowledges that strict compliance with Section 21 is not always required, deviations must be justified. As elucidated in People v. Del Mundo, G.R. No. 208095, 20 September 2017, liberality is only extended when justifiable grounds for non-observance are presented.

In this instance, no such justification was offered, leading the Court to conclude that the procedural lapses undermined the integrity of the evidence. The Court also addressed the stipulations regarding the forensic chemist’s testimony. While stipulations can expedite proceedings, they must adequately cover the essential steps taken to preserve the integrity of the seized item. In People v. Pajarin, 654 Phil. 461, 466 (2011), the Court clarified that a proper stipulation must include assurances that the forensic chemist received the article as marked, properly sealed, and intact, resealed it after examination, and placed their own markings on it.

The stipulations in Cabuhay’s case fell short of these requirements. While they confirmed the forensic chemist’s expertise and the positive result for methylamphetamine hydrochloride, they failed to address the precautions taken after the laboratory examination. This omission left a gap in the chain of custody, as it did not establish that the drug presented in court was the same one examined by the chemist. This gap, as emphasized in People v. Sanchez, 590 Phil. 214-245 (2008), is critical because it leaves room for doubt about the integrity of the evidence. This is why, the failure to include the precautions taken by the forensic chemist after the conduct of the laboratory examination on the illegal drug, as well as the manner it was handled after it left her custody, renders the stipulations in her testimony ineffective in completing an unbroken chain of custody.

The Supreme Court emphasized that the absence of these stipulations, combined with the violations of Section 21, created reasonable doubt about Cabuhay’s guilt. This ruling serves as a reminder to law enforcement agencies to strictly adhere to the procedural requirements in handling drug evidence. Failure to do so can result in the acquittal of the accused, regardless of the other evidence presented. It also underscores the importance of a comprehensive legal defense that scrutinizes every aspect of the prosecution’s case, particularly the chain of custody.

FAQs

What was the key issue in this case?	The key issue was whether the prosecution adequately established an unbroken chain of custody for the seized drugs, ensuring the integrity and identity of the evidence presented against the accused.
What is the chain of custody rule?	The chain of custody rule requires a meticulous record of every person who handled the evidence, from the moment of seizure to its presentation in court, to ensure it has not been tampered with or substituted. This includes details on how the evidence was received, stored, and transferred.
What are the requirements of Section 21 of R.A. No. 9165?	Section 21 requires the apprehending team to immediately conduct a physical inventory and photograph the seized drugs in the presence of the accused, a media representative, a DOJ representative, and an elected public official, all of whom must sign the inventory.
What happens if the police fail to comply with Section 21?	Failure to comply with Section 21 raises doubts about the integrity of the seized drugs and can lead to the acquittal of the accused, especially if no justifiable grounds for non-compliance are presented.
What stipulations are necessary when dispensing with the forensic chemist’s testimony?	The stipulations must include assurances that the forensic chemist received the article as marked, properly sealed, and intact; resealed it after examination; and placed their own markings on it.
Why are these stipulations important?	These stipulations are important to ensure that the drug presented in court is the same one examined by the chemist and that there was no opportunity for tampering or substitution.
What was the Court’s ruling in this case?	The Supreme Court acquitted Michael Cabuhay due to the prosecution’s failure to establish an unbroken chain of custody and to comply with the requirements of Section 21 of R.A. No. 9165.
What is the significance of this ruling?	This ruling underscores the importance of strict adherence to procedural requirements in handling drug evidence and serves as a reminder to law enforcement agencies to comply with the law to ensure fair trials.

The People v. Michael Cabuhay case highlights the critical role of procedural compliance in drug-related prosecutions. Law enforcement’s failure to diligently adhere to the chain of custody requirements and the provisions of Section 21 of R.A. No. 9165 can result in the acquittal of the accused, regardless of other evidence presented. This ruling reinforces the need for stringent evidence handling practices to safeguard the rights of the accused and ensure the integrity of the 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, PLAINTIFF-APPELLEE, v. MICHAEL CABUHAY, ACCUSED-APPELLANT, G.R. No. 225590, July 23, 2018