In a ruling with significant implications for drug enforcement, the Supreme Court acquitted Donna Claire De Vera and Abigail Cacal y Valiente, underscoring the critical importance of adhering to the chain of custody rule in drug-related cases. The Court found that the prosecution failed to adequately establish the integrity of the seized drug, leading to reasonable doubt about whether the substance presented in court was the same one allegedly confiscated from the accused. This decision emphasizes that procedural lapses cannot be overlooked, and the rights of the accused must be protected by strict adherence to evidentiary rules, even when dealing with drug offenses.

From Buy-Bust to Broken Trust: Did Police Missteps Free Alleged Drug Dealers?

The case began with a buy-bust operation in Laoag City, where police officers, acting on information from an informant, arrested Donna Claire De Vera and Abigail Cacal y Valiente for allegedly selling methamphetamine hydrochloride, commonly known as “shabu.” The prosecution presented evidence indicating that PO1 Sugayen, acting as a poseur-buyer, purchased the illegal drug from Cacal, with De Vera acting as the supplier. However, the defense argued that the police had committed several procedural lapses during the operation, including failing to properly mark, inventory, and photograph the seized drug immediately after the arrest. These lapses, they contended, cast doubt on the integrity of the evidence and the fairness of the proceedings. The central legal question revolved around whether these procedural lapses undermined the prosecution’s case, thereby warranting an acquittal.

At the heart of this case lies Section 21 of Republic Act No. 9165 (RA 9165), also known as the Comprehensive Dangerous Drugs Act of 2002. This provision outlines the procedures to ensure the integrity of the corpus delicti, which is the body of the crime or, in this case, the illegal drug itself. Specifically, Section 21 mandates that the apprehending team, immediately after seizure and confiscation, must physically inventory and photograph the 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. The Implementing Rules and Regulations (IRR) further emphasize that non-compliance with these requirements may be excused under justifiable grounds, provided that the integrity and evidentiary value of the seized items are properly preserved. This is a crucial safeguard against potential abuse, planting of evidence, or mishandling that could compromise the fairness of the trial.

The Supreme Court, in its analysis, focused on the chain of custody rule, which requires the prosecution to account for each link in the chain, from the seizure and marking of the drug to its presentation in court. This includes the turnover of the drug from the apprehending officer to the investigating officer, then to the forensic chemist for examination, and finally, its submission to the court. The Court emphasized that this rule is essential due to the unique characteristics of illegal drugs, which are easily susceptible to tampering, alteration, or substitution. Any break in this chain raises serious doubts about the integrity of the evidence.

In this particular case, the Court found several critical breaches in the chain of custody. First, the marking of the seized drug was not done at the place of arrest immediately after seizure. PO1 Sugayen, the poseur-buyer, admitted that the marking was only done at the police station, exposing the item to potential switching, planting, and contamination. This failure to adhere to the prescribed procedure was not adequately explained by the prosecution, raising concerns about the reliability of the evidence. The ruling cited People v. Victoria y Tariman, emphasizing the importance of immediate marking to prevent any doubts about the integrity of the seized item.

Second, the requirements of inventory and photograph of the confiscated items were not complied with. PO1 Sugayen admitted that no receipt of the seized items was issued immediately after the arrest, and the inventory was only prepared later at the police station by SPO4 Ancheta. This delay, without a valid explanation, constituted a significant departure from the prescribed procedure. The ruling referenced People v. Omamos y Pajo, where the Court acquitted the accused due to the lack of evidence showing compliance with the inventory and photography requirements. The Court underscored that while the inventory and photography may be conducted at the nearest police station, it is only permissible if attended with good and sufficient reason.

Third, the law requires the inventory and photograph of the seized items to be made in the presence of the accused, a media representative, a representative from the Department of Justice (DOJ), and any elected local official. This requirement was also not met in this case. PO1 Sugayen and SPO4 Balolong both testified that the required witnesses were not present during the inventory and photography, further undermining the integrity of the evidence. The Supreme Court has consistently emphasized the importance of these witnesses as a safeguard against the evils of switching, planting, or contamination of evidence. The case of People v. Martin y Ison was cited, where the absence of even one of the three required representatives during the inventory and photograph was enough to breach the chain of custody.

Fourth, there was no detailed account on the handling of the seized drug from the time it was confiscated up to its presentation in court, further questioning the integrity of the corpus delicti. There were discrepancies in the weight of the seized drug, as well as inconsistencies in the markings on the plastic sachet. Additionally, there were conflicting accounts regarding the time the seized item was received by the forensic chemist, raising doubts about whether the drug examined was the same one seized from the appellants. Finally, none of the prosecution witnesses testified on how the corpus delicti was stored in the crime laboratory pending its delivery to the court for presentation as evidence.

These cumulative breaches of procedure, according to the Supreme Court, militated against a finding of guilt against the appellants. The integrity and evidentiary value of the corpus delicti had been indubitably compromised, leading the Court to conclude that the prosecution had failed to establish the guilt of the accused beyond reasonable doubt. The Court reiterated that the procedure in Section 21 of RA 9165 is a matter of substantive law and cannot be brushed aside as a simple procedural technicality.

The Court also rejected the argument that the presumption of regularity in the performance of official functions could substitute for compliance with the required procedures. The Court emphasized that this presumption is a mere disputable presumption that cannot prevail over clear and convincing evidence to the contrary. In this case, the presumption was amply overthrown by the compelling evidence of the multiple breaches of the chain of custody rule. Although the Implementing Rules and Regulations of RA 9165 allow for deviation from established protocol under justifiable grounds, the prosecution failed to recognize, let alone explain, these procedural deficiencies, rendering the saving clause inapplicable.

FAQs

What was the key issue in this case?	The key issue was whether the procedural lapses committed by the police during the buy-bust operation, particularly regarding the chain of custody of the seized drug, warranted the acquittal of the accused. The Court focused on whether the integrity and evidentiary value of the corpus delicti were preserved.
What is the chain of custody rule?	The chain of custody rule requires the prosecution to account for each link in the chain, from the seizure and marking of the drug to its presentation in court. This ensures that the substance presented as evidence is the same one that was seized from the accused.
What are the requirements of Section 21 of RA 9165?	Section 21 of RA 9165 mandates that the apprehending team, immediately after seizure, must physically inventory and photograph the drugs in the presence of the accused, a media representative, a DOJ representative, and an elected public official. This aims to prevent tampering or substitution of evidence.
What happens if the police fail to comply with Section 21?	Failure to comply with Section 21 may be excused under justifiable grounds, provided that the integrity and evidentiary value of the seized items are properly preserved. However, the prosecution must provide a valid explanation for the deviation from the prescribed procedure.
Why are the presence of media and DOJ representatives important?	The presence of media and DOJ representatives serves as a safeguard against potential abuse, planting of evidence, or mishandling by law enforcement. Their presence provides an added layer of transparency and accountability.
What was the basis for the Supreme Court’s decision in this case?	The Supreme Court based its decision on the multiple breaches of the chain of custody rule committed by the police officers. The Court found that these breaches compromised the integrity and evidentiary value of the corpus delicti, creating reasonable doubt about the guilt of the accused.
Does the presumption of regularity apply in this case?	No, the Supreme Court held that the presumption of regularity in the performance of official functions could not substitute for compliance with the required procedures. The Court found that the presumption was overthrown by the compelling evidence of the multiple breaches of the chain of custody rule.
What is the practical implication of this ruling?	The practical implication is that law enforcement officers must strictly adhere to the procedures outlined in Section 21 of RA 9165 to ensure the integrity of the evidence in drug-related cases. Failure to do so may result in the acquittal of the accused.

This case serves as a stark reminder of the importance of due process and adherence to legal procedures in drug-related cases. The Supreme Court’s decision underscores that the rights of the accused must be protected, and the integrity of the evidence must be meticulously preserved. Law enforcement agencies must ensure that their officers are thoroughly trained on the proper procedures for handling drug evidence to avoid compromising cases and potentially allowing guilty individuals to go free.

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. DONNA CLAIRE DE VERA AND ABIGAIL CACAL Y VALIENTE, ACCUSED-APPELLANTS., G.R. No. 229364, October 16, 2019