In the case of People of the Philippines vs. Nida Guillermo y De Luna and Desiree Guillermo y Solis, the Supreme Court acquitted the accused, reversing the lower courts’ guilty verdicts for illegal drug sale. The Court found the prosecution’s evidence insufficient to prove the elements of the crime beyond a reasonable doubt, citing questionable buy-bust operation procedures and significant breaches in the chain of custody of the alleged illegal drugs. This decision underscores the importance of strict adherence to procedural safeguards in drug-related cases to protect individuals’ constitutional rights.

Boodle Money and Broken Chains: Did a Drug Sale Truly Occur?

The case began with an Information filed against Nida and Desiree, accusing them of violating Section 5, in relation to Section 26, Article II of R.A. 9165, for allegedly selling 47.4739 grams of shabu to an undercover agent. The prosecution presented the testimony of IO1 Tactac, who claimed to have acted as the poseur-buyer in a buy-bust operation targeting Nida. According to the prosecution, the transaction involved P350,000.00 worth of shabu, with IO1 Tactac handing over boodle money consisting of two genuine 500-peso bills placed on top and at the bottom of cut newspapers.

The defense countered with Nida and Desiree’s testimonies, asserting that they were mistakenly apprehended and brought to the PDEA office, where they were shown the alleged drugs. They denied any involvement in drug sales. The RTC convicted the accused, a decision affirmed by the CA. However, the Supreme Court reversed these rulings, finding the evidence presented by the prosecution to be fraught with doubts.

The Court questioned the credibility of the alleged buy-bust operation, emphasizing that evidence must not only come from a credible witness but must also be credible in itself. The Supreme Court found it unbelievable that experienced drug sellers like Nida and Desiree wouldn’t notice the boodle money, which consisted mainly of cut newspapers sandwiched between two genuine bills. The Court explained that:

It is incredulous that the boodle money is sandwiched between two genuine 500-peso bills, which cannot be stacked neatly like new and crisp 500-peso bills without Desiree noticing it. It is more in accord with human experience that with only two genuine 500-peso bills in between the cut-out newspapers as boodle money would be clearly obvious to Nida and Desiree, who would have been alerted that Desiree was receiving a stack of cut-out newspapers placed inside an orange bag.

Building on this, the Court highlighted the unlikelihood of a drug sale being consummated without a specific quantity of drugs agreed upon beforehand. The prosecution’s claim that the sale involved P350,000.00 worth of shabu without any prior agreement on the specific amount was deemed dubious.

Beyond the questionable circumstances of the alleged sale, the Supreme Court emphasized the importance of establishing the identity and integrity of the seized drugs, which form the corpus delicti of the crime. To ensure the integrity of the evidence, the chain of custody rule, as outlined in Section 21 of R.A. 9165, must be strictly observed. As the Supreme Court explained in People v. Crispo:

Failing to prove the integrity of the corpus delicti renders the evidence for the State insufficient to prove the guilt of the accused beyond reasonable doubt, which therefore warrants an acquittal.

Prior to the amendment of R.A. 9165, the law required the apprehending team to conduct a physical inventory and photograph the seized items immediately after seizure, in the presence of the accused, a representative from the media and the DOJ, and any elected public official. In this case, the prosecution failed to demonstrate that the marking of the seized items was done in the presence of the accused or their representative. IO1 Lorilla even claimed that the presence of the accused during the inventory was unnecessary.

Furthermore, the absence of a DOJ representative during the inventory and photograph taking was another significant procedural lapse. While this could be excused under certain circumstances, the PDEA officers failed to provide any justification for their non-compliance. The chain of custody was further compromised by the failure to identify who transported the seized items to the crime laboratory and who retrieved them for presentation in court.

While law enforcement officers are generally presumed to act regularly in the performance of their duties, this presumption cannot override the constitutional presumption of innocence. The Supreme Court asserted that this presumption only applies when officers have complied with the standard conduct of official duty as provided by law. Here, the serious lapses in preserving the integrity and evidentiary value of the seized items undermined the presumption of regularity.

The Court observed that:

The highly dubious and unbelievable story of the police officers that they conducted a legitimate buy-bust operation against Nida and Desiree, compounded by the serious lapses they committed in preserving the integrity and evidentiary value of the alleged shabu confiscated from both accused, render their acquittal proper.

Ultimately, the Supreme Court underscored the paramount importance of upholding the constitutional presumption of innocence and ensuring that the prosecution meets its burden of proving guilt beyond a reasonable doubt. When doubts arise regarding the legitimacy of law enforcement procedures and the integrity of evidence, the scales of justice must tip in favor of the accused.

FAQs

What was the key issue in this case?	The key issue was whether the prosecution presented sufficient evidence to prove beyond a reasonable doubt that the accused were guilty of illegal drug sale, considering the alleged irregularities in the buy-bust operation and the chain of custody of the seized drugs.
What is the ‘chain of custody’ rule?	The chain of custody rule refers to the process of tracking and documenting the handling of evidence to ensure its integrity and authenticity. It requires showing a continuous link between the seizure of evidence and its presentation in court, proving that the item offered in court is the same one recovered from the accused.
Why is the chain of custody important in drug cases?	In drug cases, establishing an unbroken chain of custody is crucial because the illegal drug itself is the corpus delicti, or the body of the crime. Any break in the chain can raise doubts about the integrity and identity of the evidence, potentially leading to acquittal.
What is a ‘buy-bust’ operation?	A buy-bust operation is a technique used by law enforcement where an undercover officer poses as a buyer of illegal drugs to catch drug dealers in the act of selling. The operation typically involves pre-arranged signals, marked money, and a team of officers ready to make arrests once the transaction is completed.
What is ‘boodle money’ and how is it used in buy-bust operations?	Boodle money is fake money, often consisting of cut paper or newspapers, used in buy-bust operations. Real money is placed on top and bottom of the stack to make it appear as a large sum, and it is used to avoid losing large amounts of actual currency during the operation.
What is the role of the DOJ representative in drug cases?	The DOJ representative is required to be present during the inventory and photographing of seized drugs to ensure transparency and impartiality. Their presence aims to prevent tampering with the evidence and to safeguard the rights of the accused.
What happens when the police fail to follow proper procedures in a drug case?	When the police fail to follow proper procedures, such as those outlined in Section 21 of R.A. 9165, the integrity and evidentiary value of the seized drugs may be compromised. This can lead to the suppression of evidence and the acquittal of the accused, as it raises reasonable doubt about their guilt.
What does the presumption of regularity mean in law enforcement?	The presumption of regularity is a legal principle that assumes law enforcement officers perform their duties in accordance with the law. However, this presumption is not absolute and can be overturned if there is evidence of irregularities or violations of due process.
What is the standard of ‘proof beyond a reasonable doubt’?	Proof beyond a reasonable doubt is the highest standard of proof required in criminal cases. It means that the prosecution must present enough evidence to convince the court that there is no other logical explanation for the facts except that the accused committed the crime.

This case underscores the importance of due process and adherence to legal procedures in drug-related cases. The Supreme Court’s decision serves as a reminder that the constitutional presumption of innocence remains a paramount principle that must be protected at all costs.

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, VS. NIDA GUILLERMO Y DE LUNA AND DESIREE GUILLERMO Y SOLIS, G.R. No. 229515, November 27, 2019