842 Phil. 681
Hence, the instant appeal seeking that Gutierrez's conviction be overturned.
The Court's Ruling
The appeal is without merit.
In cases for Illegal Sale and/or Illegal Possession of Dangerous Drugs under RA 9165,[22] it is essential that the identity of the dangerous drug be established with moral certainty, considering that the dangerous drug itself forms an integral part of the corpus delicti of the crime.[23] 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 and, hence, warrants an acquittal.[24]
To establish the identity of the dangerous drug with moral certainty, the prosecution must be able to account for each link in the chain of custody from the moment the drugs are seized up to their presentation in court as evidence of the crime.[25] As part of the chain of custody procedure, the law requires, inter alia, that the marking, physical inventory, and photography of the seized items be conducted immediately after seizure and confiscation of the same. The law further requires that the said inventory and photography be done in the presence of the accused or the person from whom the items were seized, or his representative or counsel, as well as certain required witnesses, namely: (a) if prior to the amendment of RA 9165 by RA 10640,[26] a representative from the media AND the Department of Justice (DOJ), and any elected public official;[27] or (b) if after the amendment of RA 9165 by RA 10640, an elected public official AND a representative of the National Prosecution Service OR the media.[28] The law requires the presence of these witnesses primarily "to ensure the establishment of the chain of custody and remove any suspicion of switching, planting, or contamination of evidence."[29]
As a general rule, compliance with the chain of custody procedure is strictly enjoined as the same has been regarded "not merely as a procedural technicality but as a matter of substantive law."[30] This is because "[t]he law has been crafted by Congress as safety [precautions] to address potential police abuses, especially considering that the penalty imposed may be life imprisonment."[31]
Nonetheless, the Court has recognized that due to varying field conditions, strict compliance with the chain of custody procedure may not always be possible.[32] As such, the failure of the apprehending team to strictly comply with the same would not ipso facto render the seizure and custody over the items as void and invalid, provided that the prosecution satisfactorily proves that: (a) there is a justifiable ground for non-compliance; and (b) the integrity and evidentiary value of the seized items are properly preserved.[33] The foregoing is based on the saving clause found in Section 21 (a),[34] Article II of the Implementing Rules and Regulations (IRR) of RA 9165, which was later adopted into the text of RA 10640.[35] It should, however, be emphasized that for the saving clause to apply, the prosecution must duly explain the reasons behind the procedural lapses,[36] and that the justifiable ground for non-compliance must be proven as a fact, because the Court cannot presume what these grounds are or that they even exist.[37]
Anent the witness requirement in the chain of custody procedure, non-compliance may be permitted if the prosecution is able to prove that the apprehending officers exerted genuine and sufficient efforts to secure the presence of such witnesses, albeit they eventually failed to appear. While the earnestness of these efforts must be examined on a case-to-case basis, the overarching objective is for the Court to be convinced that the failure to comply was reasonable under the given circumstances.[38] Thus, mere statements of unavailability, absent actual serious attempts to contact the required witnesses, are unacceptable as justified grounds for non- compliance.[39] These considerations arise from the fact that police officers are ordinarily given sufficient time – beginning from the moment they have received the information about the activities of the accused until the time of his arrest – to prepare for a buy-bust operation and consequently, make the necessary arrangements beforehand, knowing fully well that they would have to strictly comply with the chain of custody rule.[40]
Notably, the Court, in People v. Miranda,[41] issued a definitive reminder to prosecutors when dealing with drugs cases. It underscored that "[since] the [procedural] requirements are clearly set forth in the law, the State retains the positive duty to account for any lapses in the chain of custody of the drugs/items seized from the accused, regardless of whether or not the defense raises the same in the proceedings a quo; otherwise, it risks the possibility of having a conviction overturned on grounds that go into the evidence's integrity and evidentiary value, albeit the same are raised only for the first time on appeal, or even if not raised, become apparent upon further review."[42]
In this case, the Court finds no reason to disturb the findings of the courts a quo that Gutierrez committed the crime of Illegal Sale of Dangerous Drugs. Moreover, the Court holds that the chain of custody rule was duly observed following the prescribed procedure under RA 9165, as amended by RA 10640, which applies to this case considering that the seizure, marking, inventory, and photography were all conducted on May 30, 2015, after the effectivity of the latter law.[43]
Records show that after the buy-bust transaction,
the plastic sachet containing shabu seized from Gutierrez was immediately marked, photographed, and inventoried in the latter's presence, the backup officers of the PNP, the Provincial Prosecutor, and the barangav officials.
[44] Thereafter, PO1 Tadeo brought Gutierrez, together with the seized items, to the Binmaley Police Station, where the incident was recorded in the blotter, and thereafter to the Pangasinan Provincial Crime Laboratory for examination, where the seized plastic sachet was turned over and personally received by PCI Todeño.
[45]PO1 Tadeo's testimony on this point was corroborated by PCI Todeño who testified that at around 4:20 in the afternoon of May 30, 2015, he delivered the seized sachet marked with "ATT2 5 30 15" for qualitative examination, which yielded positive for methamphetamine hydrochloride, a dangerous drug, as contained in her initial and final chemistry report.
[46] PCI Todeño also gave a clear account of the procedure she had undertaken after the examination to secure the integrity and evidentiary value of the specimen, and testified that she personally turned it over to the evidence custodian for safekeeping, who likewise affixed his signature upon receipt.
[47]Notably, while the Court observes that the media representative,
i.e., Soriano from ABS-CBN, failed to witness the inventory and photography of the seized items, her presence during the said activities was not
actually necessary since the witness requirement under RA 10640 had already been complied with. As earlier stated, under RA 10640, the presence of
"[a]n elected public official and a representative of the National Prosecution Service [OR] the media," and of course, the accused himself, during the conduct of the inventory and photography is required. This is in contrast to the witness requirement prior to the effectivity of RA 10640, wherein the presence of a representative from the media
AND the DOJ, and any elected public official, as well as the accused, was required. In this case, the presence of the Provincial Prosecutor
and the barangay officials during the inventory and photography conducted on May 30, 2015 already sufficiently complied with the procedure laid down in the amendatory law.
At any rate, it deserves pointing out that the absence of the media representative was both recognized and sufficiently explained by PO1 Tadeo who testified that he previously informed ABS-CBN's Soriano of the planned buy-bust operation and invited her to witness the same. It was, however, unfortunate that Soriano could not make it in time to witness the inventory considering that she was in an area far from the buy-bust site.
[48] Nonetheless, it is undisputed that Soriano still came, albeit late, and just proceeded to the Binmaley, Police Station as the conduct of the inventory was already over.
[49] Thus, based on these circumstances, the Court finds that the police officers' efforts to comply with the required procedure, whether during or prior to the amendments of RA 10640 as discussed-above, were genuine which, hence, justifies the media representative's absence.
All told, the Court finds no reason to overturn Gutierrez's conviction for the crime of Illegal Sale of Dangerous Drugs as defined and penalized under Section 5, Article II of RA 9165, as amended by RA 10640.
WHEREFORE, the appeal is
DISMISSED. The Decision dated August 23, 2017 of the Court of Appeals in CA-G.R. CR-HC No. 08178 is hereby
AFFIRMED. Accused-appellant Arman Santos Gutierrez a.k.a. "Arman" is found
GUILTY beyond reasonable doubt of the crime of Illegal Sale of Dangerous Drugs, defined and penalized under Section 5, Article II of Republic Act No. 9165, as amended by Republic Act No. 10640, and accordingly, sentenced to suffer the penalty of life imprisonment and to pay a fine of P500,000.00.
SO ORDERED.Carpio, (Chairperson), Caguioa, and
A. Reyes, Jr., JJ., concur.
J. Reyes, Jr., J.,** on official leave.
* "Arman Santos
y Gutierrez" in some parts of the records.
** Designated Additional Member per Special Order No. 2587 dated August 28, 2018; on official leave.
[1] See Notice of Appeal dated September 6, 2017;
rollo, pp. 14-15.
[2] Id. at 2-13. Penned by Associate Justice Pedro B. Corales with Associate Justices Japar B. Dimaampao and Amy C. Lazaro-Javier, concurring.
[3] CA
rollo, pp. 46-53. Penned by Presiding Judge Loreto S. Alog, Jr.
[4] The pertinent portion of Section 5, Article II of RA 9165 reads:
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 x x x x.
[5] Entitled "AN ACT INSTITUTING THE COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002, REPEALING REPUBLIC ACT NO. 6425, OTHERWISE KNOWN AS THE DANGEROUS DRUGS ACT OF 1972, AS AMENDED, PROVIDING FUNDS THEREFOR, AND FOR OTHER PURPOSES," approved on June 7, 2002.
[6] Records, pp. 1-2.
[7] It appears, however, that Soriano came in late because she apparently came from a "far town." See
rollo, pp. 3-4. See also CA
rollo, pp. 46-47; and TSN, September 10, 2015, p. 6.
[8] The plastic sachet was marked "ATT2 5 30 15" while the aluminum foil was marked "ATT3 5 30 15." (CA
rollo, p. 47. See also records, pp. 19-22; and TSN, September 10, 2015, pp. 6 and 11-12.)
[9] See CA
rollo, p. 47.
[10] See Request for Drug Test Examination and Request for Laboratory Examination; records, pp. 16 and 17, respectively.
[11] See Initial Laboratory Report and Chemistry Report No. D-438-2015L; records, pp. 18 and 44, respectively.
[12] See CA
rollo, pp. 47-48. See also TSN, July 28, 2015, pp. 3-7.
[13] See
rollo, pp. 5-6. See also CA
rollo, pp. 48-49.
[14] CA
rollo, pp. 46-53.
[15] Id. at 53.
[16] See id. at 49-52.
[17] See id. at 52-53.
[18] See Notice of Appeal dated February 16, 2016; id. at 11.
[19] Rollo, pp. 2-13.
[20] Id. at 12.
[21] See id. at 8-12.
[22] The elements of Illegal Sale of Dangerous Drugs under Section 5, Article II of RA 9165 are:
(a) the identity of the buyer and the seller, the object, and the consideration; and
(b) the delivery of the thing sold and the payment; while the elements of Illegal Possession of Dangerous Drugs under Section 11, Article II of RA 9165 are:
(a) the accused was in possession of an item or object identified as a prohibited drug;
(b) such possession was not authorized by law; and (c) the accused freely and consciously possessed the said drug. (See
People v. Crispo, G.R. No. 230065, March 14, 2018;
People v. Sanchez, G.R. No. 231383, March 7, 2018;
People v. Magsano, G.R. No. 231050, February 28, 2018;
People v. Manansala, G.R. No. 229092, February 21, 2018;
People v. Miranda, G.R. No. 229671, January 31, 2018; and
People v. Mamangon, G.R. No. 229102, January 29, 2018; all cases citing
People v. Sumili, 753 Phil. 342, 348 [2015] and
People v. Bio, 753 Phil. 730, 736 [2015]. See also
People v. Almodiel, 694 Phil. 449 [2012]; and
People v.
Laylo, 669 Phil. 111 [2011].)
[23] See also
People v.
Crispo, id.;
People v. Sanchez, id.;
People v. Magsano, id.;
People v. Manansala, id.;
People v. Miranda, id.; and
People v. Mamangon, id. See also
People v.
Viterbo, 739 Phil. 593, 601 (2014).
[24] See
People v. Gamboa, G.R. No. 233702, June 20, 2018, citing
People v. Umipang, 686 Phil. 1024, 1039-1040 (2012).
[25] See
People v. Año, G.R. No. 230070, March 14, 2018;
People v. Crispo, supra note 23;
People v. Sanchez, supra note 22;
People v. Magsano, supra note 22;
People v. Manansala, supra note 22;
People v.
Miranda, supra note 22; and
People v. Mamangon, supra note 22. See also
People v. Viterbo, supra note 23.
[26] Entitled "AN ACT TO FURTHER STRENGTHEN THE ANTI-DRUG CAMPAIGN OF THE GOVERNMENT, AMENDING FOR THE PURPOSE SECTION 21 OF REPUBLIC ACT NO. 9165, OTHERWISE KNOWN AS THE 'COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002,'" approved on July 15, 2014. See Office of the Court Administrator Circular No. 77-2015 dated April 23, 2015, which pertinently provides:
TO: ALL REGIONAL TRIAL COURT JUDGES
SUBJECT: APPLICATION OF REPUBLIC ACT NO. 10640
The attention of this Court has been called to the significance of the so-called 'Sotto Amendment to the Anti-Drug Law', or otherwise known as Republic Act No. 10640 (An Act to Further Strengthen the Anti-Drug Campaign of the Government, Amending for the Purpose Section 21 of Republic Act No. 9165, Otherwise Known as the 'Comprehensive Dangerous Drugs Act of 2002') which took effect on July 23, 2014.
In view of the foregoing, all concerned are hereby REMINDED to COMPLY with the above-quoted law, appended herein as 'Annex A,' for the purpose of ensuring that all those involved in the proper apprehension of the drug violators will avail of the full benefits of the law. (Emphasis supplied)
Note, however, that under Section 5 of RA 10640, the
"Act shall take effect fifteen (15) days after its complete publication in at least two (2) newspapers of general circulation" RA 10640 was published on July 23, 2014 in The Philippine Star (Vol. XXVIII, No. 359, Philippine Star Metro section, p. 21) and Manila Bulletin (Vol. 499, No. 23; World News section, p. 6) – both considered as newspapers of general circulation. Thus, following Section 5 thereof, RA 10640 appears to have become effective on August 7, 2014 or fifteen days after its publication in the Philippine Star and Manila Bulletin.
Additionally, RA 10640 was filed with the Office of National Administration (ONAR) at the University of the Philippines Law Center also on July 23, 2014. It was also published in the
Official Gazette, Vol. 110, dated September 1, 2014.
[27] Section 21 (1) and (2) Article II of RA 9165 and its Implementing Rules and Regulations.
[28] Section 21, Article II of RA 9165, as amended by RA 10640.
[29] See
People v. Miranda, supra note 22. See also
People v. Mendoza, 736 Phil. 749, 764 (2014).
[30] See
People v. Miranda, id. See also
People v. Macapundag, G.R. No. 225965, March 13, 2017, 820 SCRA 204, 215, citing
People v. Umipang, supra note 24, at 1038.
[31] See
People v. Segundo, G.R. No. 205614, July 26, 2017, citing
People v. Umipang, id.
[32] See
People v. Sanchez, 590 Phil. 214, 234 (2008).
[33] See
People v. Almorfe, 631 Phil. 51, 60 (2010).
[34] Section 21 (a), Article II of the IRR of RA 9165 pertinently states:
"Provided, further, that non-compliance with 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 of and custody over said items."[35] Section 1 of RA 10640 pertinently states:
"Provided, finally, 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."[36] People v. Almorfe, supra note 33.
[37] People v. De Guzman, 630 Phil. 637, 649 (2010).
[38] See
People v. Manansala, supra note 22.
[39] See
People v. Gamboa, supra note 24, citing
People v. Umipang, supra note 24, at 1053.
[40] See
People v. Crispo, supra note 22.
[41] Supra note 22.
[42] See id.
[43] See note 26.
[44] See TSN, September 10, 2015, pp. 6-7 and 11-13. See also records, pp. 15 and 19-22.
[45] See TSN, September 10, 2015, pp. 8-10. See also CA
rollo, pp. 47-48.
[46] See Initial Laboratory Report and Chemistry Report No. D-438-2015L; records, pp. 18 and 44, respectively. See also TSN, July 28, 2015, pp. 3-6.
[47] These include sealing the plastic sachet with masking tape after the examination and putting her markings thereon, placing the same inside an improvised paper envelope which was likewise sealed with masking tape and marked with her signature. See CA
rollo, p. 48. See also TSN, July 28, 2015, pp. 6- 7.
[48] See TSN, September 10, 2015, p. 6. See also
rollo, p. 4; CA
rollo, p. 47; and records, p. 10.
[49] See Certification dated May 30, 2015; records, p. 14.