In Philippine law, convictions for drug offenses hinge on the integrity of the evidence. The Supreme Court acquitted Larry Sultan due to a compromised chain of custody, emphasizing that the prosecution must ensure every link in the chain—from seizure to court presentation—is unbroken. This ruling reinforces the importance of strict adherence to procedures for handling drug evidence to protect the accused’s constitutional right to be presumed innocent.

Failing the Chain: When Drug Evidence Handling Leads to Acquittal

The case of People of the Philippines vs. Larry Sultan y Almada revolves around Sultan’s arrest and subsequent conviction for illegal sale and possession of methamphetamine hydrochloride, commonly known as shabu. The prosecution presented evidence supposedly seized during a buy-bust operation. However, the Supreme Court scrutinized the handling of this evidence, specifically focusing on whether the chain of custody was properly maintained. The chain of custody rule is critical in drug cases. It ensures the drugs presented in court are the exact same ones seized from the accused.

The Comprehensive Dangerous Drugs Act of 2002, as amended, outlines specific procedures for handling seized drugs. Section 21 of the Act details requirements to ensure the integrity of the evidence. This section mandates a physical inventory and photographing of the seized items immediately after confiscation, in the presence of the accused and certain witnesses. These witnesses include an elected public official and representatives from the National Prosecution Service or the media. The law aims to prevent tampering, substitution, or planting of evidence.

In this case, the Supreme Court found significant lapses in the implementation of these procedures. The marking, inventory, and photographing of the seized items were done at the barangay hall, not at the place of arrest. More importantly, there was no representative from the media or the Department of Justice present during these procedures, violating the requirements of Section 21. The court emphasized that these procedural lapses cast doubt on the integrity of the corpus delicti – the body of the crime – which in drug cases, refers to the illicit drugs themselves.

The court referred to People v. Mendoza, highlighting the dangers of not having third-party witnesses:

Without the insulating presence of the representative from the media or the Department of Justice, or any elected public official during the seizure and marking of the sachets of shabu, the evils of switching, ‘planting’ or contamination of the evidence…again reared their ugly heads as to negate the integrity and credibility of the seizure and confiscation of the sachets of shabu.

This statement highlights the importance of the required witnesses to safeguard against potential abuse.

Furthermore, the Court underscored that the prosecution must plead and prove justifiable grounds for any deviation from Section 21’s requirements. In this case, the prosecution failed to provide any reasonable explanation for not complying with the law. This failure to adhere to the mandated procedures and lack of justification further weakened the prosecution’s case. The Supreme Court also noted inconsistencies in the chain of custody after the items were brought to the police station.

Another critical point of contention was the handling of the evidence by the police officers. PO2 Hechanova, the poseur-buyer, kept the seized items in his pockets until they were marked at the barangay hall. The Court, citing People v. Dela Cruz, found this practice unacceptable, stating,

Keeping one of the seized items in his right pocket and the rest in his left pocket is a doubtful and suspicious way of ensuring the integrity of the items.

The Supreme Court emphasized that such actions are reckless and do not guarantee the preservation of evidence.

Moreover, the prosecution failed to present PO2 Albarico, the police officer who received the drug specimen for examination, as a witness. This absence created a gap in the chain of custody, as there was no direct testimony on how the evidence was handled and stored from the time it was received until it was examined by the forensic chemist. Without PO2 Albarico’s testimony, the prosecution could not establish a clear, unbroken chain, raising doubts about the identity and integrity of the evidence.

The Supreme Court also emphasized the importance of heightened scrutiny in drug cases involving small amounts of narcotics. The rationale is that small amounts are more easily planted or tampered with, increasing the risk of wrongful convictions. By demanding stricter compliance with procedural safeguards, the Court aims to protect the rights of the accused and ensure that convictions are based on reliable and credible evidence.

Due to the cumulative effect of these lapses, the Supreme Court ruled that the prosecution failed to prove Sultan’s guilt beyond reasonable doubt. The Court emphasized that any doubt in the corpus delicti warrants the acquittal of the accused. Therefore, the Supreme Court reversed the Court of Appeals’ decision and acquitted Larry Sultan, reinforcing the importance of adhering to proper procedures in handling drug evidence to protect the constitutional rights of the accused.

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 their integrity and identity throughout the legal process. The Supreme Court found that the prosecution’s failure to follow proper procedures in handling the evidence created reasonable doubt, leading to the acquittal of the accused.
What is the chain of custody rule?	The chain of custody rule requires that the prosecution account for every link in the chain of possession, from the moment the evidence is seized to its presentation in court. Each person who handled the evidence must testify about how they received it, what they did with it, and how they preserved its integrity.
What are the requirements of Section 21 of the Comprehensive Dangerous Drugs Act?	Section 21 mandates that after seizure, the apprehending team must conduct a physical inventory and photograph the seized items immediately. This must be done in the presence of the accused, an elected public official, and a representative from the National Prosecution Service or the media.
Why is it important to have third-party witnesses during the seizure and inventory of drugs?	Third-party witnesses provide an impartial perspective and ensure transparency in the handling of evidence. Their presence helps prevent tampering, substitution, or planting of evidence, which can lead to wrongful convictions.
What happens if the police fail to comply with Section 21?	Non-compliance with Section 21 raises doubts about the integrity of the evidence, potentially leading to the acquittal of the accused. However, deviations may be excused if the prosecution can prove justifiable grounds and demonstrate that the integrity and evidentiary value of the seized items were properly preserved.
What constitutes a justifiable ground for non-compliance with Section 21?	Justifiable grounds may include situations where the place of arrest is a remote area, the safety of witnesses is threatened, or earnest efforts to secure the presence of required witnesses prove futile through no fault of the arresting officers. These grounds must be alleged and proven by the prosecution.
Why was the testimony of PO2 Albarico important in this case?	PO2 Albarico was the police officer who received the drug specimen for examination. His testimony was crucial to establish the link between the seizure of the drugs and their subsequent examination by the forensic chemist. Without his testimony, there was a gap in the chain of custody.
What is the significance of this ruling for future drug cases?	This ruling reinforces the importance of strict adherence to procedural safeguards in drug cases to protect the rights of the accused. Law enforcement officers must ensure that they follow proper procedures in handling drug evidence to maintain its integrity and credibility.

The Supreme Court’s decision in People vs. Sultan serves as a stark reminder of the need for law enforcement to meticulously follow the chain of custody requirements in drug cases. Failure to do so can have dire consequences, leading to the acquittal of guilty individuals and undermining the fight against illegal drugs. The integrity of the evidence is paramount, and any doubt in its handling can erode the foundations of a conviction.

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 vs. Sultan, G.R. No. 225210, August 07, 2019