In the case of People of the Philippines v. Oscar Pedracio Gabriel, Jr., the Supreme Court acquitted the accused due to the prosecution’s failure to adhere to the strict chain of custody requirements for seized drugs, as mandated by Republic Act No. 9165. This decision emphasizes the importance of meticulously following legal procedures in drug-related cases to protect the rights of the accused and ensure the integrity of evidence. The acquittal serves as a reminder of the high standard of proof required in criminal cases and the critical role of procedural safeguards.

Did Police Missteps Lead to Freedom? A Drug Case Under Scrutiny

The case revolves around Oscar Pedracio Gabriel, Jr., who was apprehended during a buy-bust operation and charged with violating Sections 5 and 11, Article II of Republic Act No. 9165, also known as the Comprehensive Dangerous Drugs Act of 2002. The prosecution presented evidence that Gabriel sold and possessed methamphetamine hydrochloride, commonly known as “shabu”. However, the defense challenged the integrity of the evidence, arguing that the police officers failed to follow the mandatory procedures for handling seized drugs.

The central legal question was whether the procedural lapses in the handling of the seized drugs compromised the integrity of the evidence to such an extent that it warranted the acquittal of the accused. The Supreme Court, in its decision, meticulously examined the actions of the buy-bust team and found significant deviations from the prescribed procedures.

The court emphasized the importance of maintaining an unbroken chain of custody for seized drugs, citing People v. Dela Cruz:

In cases involving dangerous drugs, the confiscated drug constitutes the very corpus delicti of the offense and the fact of its existence is vital to sustain a judgment of conviction. It is essential, therefore, that the identity and integrity of the seized drugs be established with moral certainty.

To ensure the integrity of the evidence, Section 21, Article II of RA 9165 outlines specific procedures that police officers must follow. This section requires that:

1. The seized items must be inventoried and photographed immediately after seizure or confiscation.
2. The physical inventory and photographing must be done in the presence of the accused or their representative or counsel, an elected public official, a representative from the media, and a representative from the Department of Justice (DOJ).

The Supreme Court found that the buy-bust team failed to comply with these requirements in several critical aspects. First, the arresting officers did not mark or photograph the seized illegal drugs at the place of arrest. Instead, the marking was done later at the police station. The court has been very specific that “immediately after seizure and confiscation” means that the inventory and photographing should occur right at the place of apprehension.

Moreover, none of the three required witnesses—an elected public official, a representative from the media, and a representative from the DOJ—were present at the time of seizure and apprehension. SPO1 Danilo Sumpay, one of the officers involved, admitted that they did not secure the presence of any barangay official or media representative during the buy-bust operation. As emphasized in People v. Tomawis, the presence of these witnesses is crucial to protect against the possibility of planting, contamination, or loss of the seized drug.

The presence of the witnesses from the DOJ, media, and from public elective office is necessary to protect against the possibility of planting, contamination, or loss of the seized drug. Using the language of the Court in People v. Mendoza, without the insulating presence of the representative from the media or the DOJ and any elected public official during the seizure and marking of the drugs, the evils of switching, “planting” or contamination of the evidence that had tainted the buy-busts conducted under the regime of RA 6425 (Dangerous Drugs Act of 1972) again reared their ugly heads as to negate the integrity and credibility of the seizure and confiscation of the subject sachet that was evidence of the corpus delicti, and thus adversely affected the trustworthiness of the incrimination of the accused.

The buy-bust team offered no justifiable explanation for their non-compliance with the mandatory rules. The prosecution also failed to recognize any lapses on the part of the police officers or justify the same. In People v. Angeles, the Court clarified that to excuse non-compliance, the prosecution must first acknowledge the lapse and then provide a justifiable reason.

Section 21 of the IRR of RA 9165 provides that ‘noncompliance of 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 and custody over said items.’ For this provision to be effective, however, the prosecution must first (1) recognize any lapse on the part of the police officers and (2) be able to justify the same.

The RTC and CA erroneously relied on the presumption of regularity in the performance of official functions and convicted Gabriel for failing to prove the police officers’ ill-motive. However, the Supreme Court, citing People v. Catalan, stated that the presumption of regularity cannot overcome the stronger presumption of innocence in favor of the accused.

Both lower courts favored the members of the buy-bust team with the presumption of regularity in the performance of their duty, mainly because the accused did not show that they had ill motive behind his entrapment.

We hold that both lower courts committed gross error in relying on the presumption of regularity.

Presuming that the members of the buy-bust team regularly performed their duty was patently bereft of any factual and legal basis. We remind the lower courts that the presumption of regularity in the performance of duty could not prevail over the stronger presumption of innocence favoring the accused. Otherwise, the constitutional guarantee of the accused being presumed innocent would be held subordinate to a mere rule of evidence allocating the burden of evidence. Where, like here, the proof adduced against the accused has not even overcome the presumption of innocence, the presumption of regularity in the performance of duty could not be a factor to adjudge the accused guilty of the crime charged.

Due to these accumulated errors, the Supreme Court acquitted Gabriel. The repeated violations and deviations in the seizure, custody, and handling of the seized illegal drugs meant the prosecution could not prove the corpus delicti of the offenses charged beyond a reasonable doubt. This case serves as a potent reminder of the stringent requirements imposed on law enforcement in drug cases to protect individual rights.

FAQs

What was the key issue in this case?	The key issue was whether the police’s failure to follow the chain of custody requirements under RA 9165 warranted the accused’s acquittal. The Supreme Court focused on procedural lapses in handling seized drugs.
What is the chain of custody in drug cases?	The chain of custody refers to the documented process of tracking seized evidence, ensuring its integrity from seizure to presentation in court. It includes proper marking, inventory, storage, and handling of the evidence.
What does Section 21 of RA 9165 require?	Section 21 of RA 9165 mandates that seized drugs be inventoried and photographed immediately after seizure, in the presence of the accused, an elected public official, a media representative, and a DOJ representative. This aims to prevent tampering or planting of evidence.
Why is the presence of witnesses important during the seizure of drugs?	The presence of witnesses from the DOJ, media, and public office is meant to safeguard against evidence planting or contamination. Their presence ensures transparency and protects the accused’s rights.
What happens if the police fail to comply with Section 21 of RA 9165?	Failure to comply with Section 21 does not automatically invalidate the seizure, but the prosecution must justify the non-compliance and prove the integrity of the evidence. Unjustified non-compliance can lead to acquittal.
Can the presumption of regularity outweigh the presumption of innocence?	No, the presumption of regularity in the performance of duty cannot override the fundamental presumption of innocence. The prosecution must prove guilt beyond a reasonable doubt.
What is “corpus delicti”?	“Corpus delicti” refers to the body of the crime, which in drug cases is the seized illegal drug itself. The prosecution must prove the existence and identity of the drug beyond a reasonable doubt.
What was the court’s basis for acquitting Oscar Pedracio Gabriel, Jr.?	The court acquitted Gabriel due to the buy-bust team’s multiple violations of the procedures for handling seized drugs. These violations cast doubt on the integrity of the evidence, undermining the prosecution’s case.

This case underscores the critical need for law enforcement to adhere strictly to the procedural requirements outlined in RA 9165. The failure to do so can compromise the integrity of evidence and undermine the prosecution’s case, potentially leading to the acquittal of the accused. Strict compliance with these procedures is essential to ensure fairness and protect individual rights within the criminal justice system.

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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. Gabriel, G.R. No. 228002, June 10, 2019