849 Phil. 548
REYES, A., JR., J.:
That on November 21, 2008[,] at more or less 1:00 o'clock dawn, near Pocquinto Building, Kauswagan National Highway, Cagayan de Oro City, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, without being authorized by law to sell, trade, administer, dispense, deliver, give away to another, distribute, dispatch in transit or transport any dangerous drugs, did then and there willfully, unlawfully, criminally and knowingly sell and/or offer for sale, and give away to a confidential informant acting as poseur buyer One (1) heat-sealed transparent plastic sachet containing Methamphetamine hydrochloride, locally known as Shabu, a dangerous drug, [with a total weight of 0.45 gram, accused knowing the same to be a dangerous drug,] in consideration of Php 10,000.00.
Contrary to Section 5, Paragraph 1, Article II of Republic Act No. 9165.[5]
WHEREFORE, premises considered, this Court finds the accused MARK ANTHONY REYES y MAQUINA GUILTY BEYOND REASONABLE DOUBT of the crime defined and penalized under Section 11 of R.A. 9165 and hereby sentences him to suffer the penalty of imprisonment ranging from Twelve (12) years and one (1) day to Fourteen (14) years, and to pay a Fine in the amount of P300,000.00 without subsidiary imprisonment in case of non-payment of Fine.[16]On appeal, the CA modified the decision of the lower court and adjudged Reyes guilty of Illegal Sale of dangerous drugs, defined and penalized under Section 5, Article II of R.A. No. 9165. The dispositive portion of the CA Decision[17] dated October 22, 2015 reads:
FOR THESE REASONS, the assailed Judgment is AFFIRMED with MODIFICATION. We find Mark Anthony Reyes y Maquina GUILTY beyond reasonable doubt of violating Section 5, Article II of [R.A.] No. 9165. He is sentenced to suffer the penalty of life imprisonment and a fine of P500,000.00.Reyes moved for reconsideration which was, however, denied by the CA in a Resolution[19] dated July 14, 2016; hence, the instant petition.
SO ORDERED.[18]
As earlier noted, Reyes delivered a sachet of shabu to the confidential informant and PO3 Reycitez, the poseur buyer. And so, at the time of his arrest, Reyes had just committed a crime, particularly that which falls under Section 5 of RA 9165 - or the delivery of shabu to another person. Section 5 reads:Although the Court agrees with the CA that Reyes may be held liable under Section 5, Article II of R.A. No. 9165 for the delivery of shabu even without consideration, We cannot turn a blind eye to the glaring procedural lapses in the evidence proffered by the prosecution.Section 5. Sale, Trading, Administration, Dispensation, Delivery, Distribution and Transportation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals. - The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500.000.00) to Ten Million pesos (P10,000,000.00) shall be imposed upon any person, who, unless authorized by law, shall sell, trade, administer, dispense, deliver, give away to another, distribute[,] dispatch in transit or transport any dangerous drug, including any and all species of opium poppy regardless of the quantity and purity involved, or shall act as a broker in any of such transactions.Notably, Reyes was not indicted solely for illegal sale of shabu. He was prosecuted, too, because he allegedly violated Section 5 of RA 9165. x x x.
x x x
x x x x
This being the case, the two requisites for a valid in flagrante delicto arrest were attendant when Reyes was arrested. He executed an overt act of delivering a sachet of shabu worth Php 10,000.00 to the confidential informant. This overt act was done in the presence of PO3 Reycitez who acted as poseur buyer and was standing next to the confidential informant when Reyes committed the offense.[21] (Emphases Ours)
b. "Chain of Custody" means the duly recorded authorized movements and custody of seized drugs or controlled chemicals or plant sources of dangerous drugs or laboratory equipment of each stage, from the time of seizure/confiscation to receipt in the forensic laboratory to safekeeping to presentation in court for destruction. Such record of movements and custody of seized item shall include the identity and signature of the person who held temporary custody of the seized item, the date and time when such transfer of custody [was] made in the course of safekeeping and use in court as evidence, and the final disposition[.]Section 21, Article II of R.A. No. 9165 laid down the procedure that must be observed and followed by police officers in the seizure and custody of dangerous drugs. Paragraph (1) not only provides the manner by which the seized drugs must be handled, but likewise enumerates the persons who are required to be present during the inventory and taking of photographs, viz.:
SEC. 21. Custody and Disposition of Confiscated, Seized, and/or Surrendered Dangerous Drugs, Plant Sources of Dangerous Drugs, Controlled Precursors and Essential Chemicals, Instruments/Paraphernalia and/or Laboratory Equipment. - The PDEA shall take charge and have custody of all dangerous drugs., plant sources of dangerous drugs, controlled precursors and essential chemicals, as well as instruments/paraphernalia and/or laboratory equipment so confiscated, seized and/or surrendered, for proper disposition in the following manner:According to the prosecution, PO3 Reycitez turned over the sachet of shabu to SI2 Tablate who marked the seized shabu with "MARM." Photographs of Reyes and the sachet of suspected shabu were then taken by the team. Thereafter, Reyes was brought to the hospital (where he received medical treatment for the bullet wound he sustained) and then transferred to the PDEA office for booking and documentation. At the PDEA office, letter-requests for laboratory examination of the sachet of suspected shabu and for drug test examination on Reyes were prepared. The seized sachet of suspected shabu was then brought to the PNP Crime Laboratory for examination, which yielded the following results:
(1) The apprehending team having initial custody and control of the drugs shall, immediately after seizure and confiscation, physically inventory and photograph the same in the presence of the accused or the person/s from whom such items were confiscated and/or seized, or his/her representative or counsel, a representative from the media and the Department of Justice (DOJ), and any elected public official who shall be required to sign the copies of the inventory and. be given a copy thereof. (Emphasis and underscoring Ours)
SPECIMEN SUBMITTED:To the Court's mind, the testimony of PO3 Reycitez and SI2 Tablate failed to demonstrate the stability in the links that the prosecution should have established, namely: (a) the seizure and marking of the illegal drug recovered from the accused by the apprehending officer; (b) the turnover of the illegal drug seized by the apprehending officer to the investigating officer; (c) the turnover by the investigating officer of the illegal drug to the forensic chemist for laboratory examination; and (d) the turnover and submission of the marked illegal drug seized from the forensic chemist to the court.[24]
A One (1) heat-sealed transparent plastic with markings "MARM["] containing 0.45 gram of white crystalline substance x x x
x x x x
FINDINGS:
Qualitative examination conducted on the above-stated specimen gave POSITIVE result to the tests for the presence of [Methamphetamine] Hydrochloride (shabu), a dangerous drug x x x
CONCLUSION:
Specimen A contains [Methamphetamine Hydrochloride] (shabu), a dangerous drug x x x
The drug test on Reyes also ended positive for Methamphetamine Hydrochloride (shabu).[23] (Citations omitted)
Without the insulating presence of the representative from the media or the [DOJ], or any elected public official during the seizure and marking of the [seized drugs], the evils of switching, "planting" or contamination of the evidence that had tainted the buy-busts conducted under the regime of [R.A.] No. 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 [said drugs] that were evidence herein of the corpus delicti, and thus adversely affected the trustworthiness of the incrimination of the accused.[26]Minor procedural lapses or deviations from the prescribed chain of custody are excused so long as it can be shown by the prosecution that the arresting officers out in their best effort to comply with the same and the justifiable ground for non-compliance is proven as a fact.
To conclude, judicial notice is taken of the fact that arrests and seizures related to illegal drugs are typically made without a warrant; hence, subject to inquest proceedings. Relative thereto, [Section] 1 (A.1.10) of the Chain of Custody Implementing Rules and Regulations directs:Simply put, the prosecution cannot simply invoke the saving clause found in Section 21, Article II of R.A. No. 9165 - that the integrity and evidentiary value of the seized items have been preserved - without justifying its failure to comply with the requirements stated therein. Even the presumption as to regularity in the performance by police officers of their official duties cannot prevail when there has been a clear and deliberate disregard of procedural safeguards by the police officers themselves. The Court's ruling in People v. Umipang[29] is instructive on the matter:A.1.10. Any justification or explanation in cases of noncompliance with the requirements of Section 21 (1) of R.A. No. 9165, as amended, shall be clearly stated in the sworn statements/affidavits of the apprehending/seizing officers, as well as the steps taken to preserve the integrity and evidentiary value of the seized/confiscated items. Certification or record of coordination for operating units other than the PDEA pursuant to Section 86 (a) and (b), Article IX of the IRR of R.A. No. 9165 shall be presented.While the above-quoted provision has been the rule, it appears that it has not been practiced in most cases elevated before Us. Thus, in order to weed out early on from the courts' already congested docket any orchestrated or poorly built-up drug-related cases, the following should henceforth be enforced as a mandatory policy:
- In the sworn statements/affidavits, the apprehending/seizing officers must state their compliance with the requirements of Section 21 (1) of R.A. No. 9165, as amended, and its IRR.
- In case of non-observance of the provision, the apprehending/seizing officers must state the justification or explanation therefor as well as the steps they have taken in order to preserve the integrity and evidentiary value of the seized/confiscated items.
- If there is no justification or explanation expressly declared in the sworn statements or affidavits, the investigating fiscal must not immediately file the case before the court. Instead, he or she must refer the case for further preliminary investigation in order to determine the (non) existence of probable cause.
- If the investigating fiscal filed the case despite such absence, the court may exercise its discretion to either refuse to issue a commitment order (or warrant of arrest) or dismiss the case outright for lack of probable cause in accordance with Section 5, Rule 112, Rules of Court.[28] (Citations omitted)
Minor deviations from the procedures under R.A. 9165 would not automatically exonerate an accused from the crimes of which he or she was convicted. This is especially true when the lapses in procedure were "recognized and explained in terms of justifiable grounds." There must also be a showing "that the police officers intended to comply with the procedure but were thwarted by some justifiable consideration/reason." However, when there is gross disregard of the procedural safeguards prescribed in the substantive law (R.A. 9165), serious uncertainty is generated about the identity of the seized items that the prosecution presented in evidence. This uncertainty cannot be remedied by simply invoking the presumption of regularity in the performance of official duties, for a gross, systematic, or deliberate disregard of the procedural safeguards effectively produces an irregularity in the performance of official duties. As a result, the prosecution is deemed to have failed to fully establish the elements of the crimes charged, creating reasonable doubt on the criminal liability of the accused.The failure of the police officers to justify their non-compliance with the requirements set forth in Section 21, Article II of R.A. No. 9165 constitutes a substantial gap or break in the chain of custody which, as a result, casts serious doubts on the integrity and evidentiary value of the corpus delicti.
For the arresting officers' failure to adduce justifiable grounds, we are led to conclude from the totality of the procedural lapses committed in this case that the arresting officers deliberately disregarded the legal safeguards under R.A. 9165. These lapses effectively produced serious doubts on the integrity and identity of the corpus delicti, especially in the face of allegations of frame-up. Thus, for the foregoing reasons, we must resolve the doubt in favor of accused-appellant, "as every fact necessary to constitute the crime must be established by proof beyond reasonable doubt."
As a final note, we reiterate our past rulings calling upon the authorities "to exert greater efforts in combating the drug menace using the safeguards that our lawmakers have deemed necessary for the greater benefit of our society." The need to employ a more stringent approach to scrutinizing the evidence of the prosecution - especially when the pieces of evidence were derived from a buy-bust operation - "redounds to the benefit of the criminal justice system by protecting civil liberties and at the same time instilling rigorous discipline on prosecutors."[30] (Citations omitted)