818 Phil. 935
LEONEN, J.:
That on or about the 13th day of February 2006, in the Municipality of Binangonan, Province of Rizal, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, not being lawfully authorized by law to possess any dangerous drug, did, then and there willfully, unlawfully[,] feloniously and knowingly possess and have in his custody and control 0.01 gram of white crystalline substance contained in one (1) heat[-]sealed transparent plastic sachet, which was found positive to the test for Methylamphetamine (sic) hydrochloride, also known as shabu, a dangerous drug, in violation of the above-cited law.Upon arraignment, Aparente pleaded not guilty. After the pre-trial conference, trial on the merits ensued.[7]
CONTRARY TO LAW.[6]
In view of this, we find accused Jesus Aparente GUILTY beyond reasonable doubt of violating Section 11, Article II, R.A. No. 9165 otherwise known as the "Comprehensive Dangerous Drugs Act of 2002" and illegally possessing a total of 0.01 grams of Methylamphetamine (sic) Hydrochloride or shabu and accordingly sentence him to suffer an indeterminate penalty of 12 years and 1 day as minimum to 13 years as maximum and to pay a fine of P300,000.00.Aparente appealed the foregoing Decision to the Court of Appeals, arguing that the evidence against him was obtained from an illegal warrantless arrest. He also contended that the prosecution failed to establish that the rules on chain of custody were followed and that his guilt was proven beyond reasonable doubt.[16]
Let the drug samples in this case be forwarded to the Philippine Drug Enforcement Agency (PDEA) for proper disposition. Furnish PDEA with a copy of this Decision per OCA Circular No. 70-2007.
SO ORDERED.[15] (Emphasis in the original)
WHEREFORE, the foregoing considered, the instant appeal is hereby DISMISSED and the appealed Decision dated 30 July 2009 AFFIRMED in toto. No costs.Aparente filed his Motion for Reconsideration of the Court of Appeals June 1, 2012 Decision, which was denied in a Resolution dated January 24, 2013.[23]
SO ORDERED.[22]
Section 2. The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the persons or things to be seized.In People v. Cogaed,[27] this Court explained that while this rule generally requires a warrant to be issued in order for a search or seizure to be deemed reasonable, there are situations where a search is reasonable even without a warrant:
This provision requires that the court examine with care and diligence whether searches and seizures are "reasonable." As a general rule, searches conducted with a warrant that meets all the requirements of this provision are reasonable. This warrant requires the existence of probable cause that can only be determined by a judge. The existence of probable cause must be established by the judge after asking searching questions and answers. Probable cause at this stage can only exist if there is an offense alleged to be committed. Also, the warrant frames the searches done by the law enforcers. There must be a particular description of the place and the things to be searched.Despite the foregoing circumstances, petitioner insists that his search and arrest violated his constitutional rights. He cites People v. Tudtud[29] to argue that assuming the prosecution's version of events were true, his warrantless arrest preceded his warrantless search, and this is a violation of the right against unreasonable searches and seizures,[30] This argument cannot be sustained.
However, there are instances when searches are reasonable even when warrantless. In the Rules of Court, searches incidental to lawful arrests are allowed even without a separate warrant. This court has taken into account the "uniqueness of circumstances involved including the purpose of the search or seizure, the presence or absence of probable cause, the manner in which the search and seizure was made, the place or thing searched, and the character of the articles procured." The known jurisprudential instances of reasonable warrantless searches and seizures are;1. Warrantless search incidental to a lawful arrest...;
2. Seizure of evidence in "plain view,"...;
3. Search of a moving vehicle. Highly regulated by the government, the vehicle's inherent mobility reduces expectation of privacy especially when its transit in public thoroughfares furnishes a highly reasonable suspicion amounting to probable cause that the occupant committed a criminal activity;
4. Consented warrantless search;
5. Customs search;
6. Stop and frisk; and
7. Exigent and emergency circumstances.[28] (Emphasis in the original, citations omitted)
It is significant to note that the search in question preceded the arrest. Recent jurisprudence holds that the arrest must precede the search; the process cannot be reversed. Nevertheless, a search substantially contemporaneous with an arrest can precede the arrest if the police have probable cause to make the arrest at the outset of the search.[31] (Emphasis supplied, citations omitted)Thus, this Court explained that where a warrantless search preceded a warrantless arrest but was substantially contemporaneous with it, what must be resolved is whether or not the police had probable cause for the arrest when the search was made:
The question, therefore, is whether the police in this case had probable cause to arrest appellants, Probable cause has been defined as:Further, probable cause may be in the form of overt acts which show that a crime had been, was being, or was about to be committed. Thus, a warrantless arrest that precedes a warrantless search may be valid, as long as these two (2) acts were substantially contemporaneous, and there was probable cause.an actual belief or reasonable grounds of suspicion. The grounds of suspicion are reasonable when, in the absence of actual belief of the arresting officers, the suspicion that the person to be arrested is probably guilty of committing the offense, is based on actual facts, i.e., supported by circumstances sufficiently strong in themselves to create the probable cause of guilt of the person to be arrested. A reasonable suspicion therefore must be founded on probable cause, coupled with good faith of the peace officers making the arrest.The long-standing rule in this jurisdiction, applied with a great degree of consistency, is that "reliable information" alone is not sufficient to justify a warrantless arrest under Section 5 (a), Rule 113. The rule requires, in addition, that the accused perform some overt act that would indicate that he "has committed, is actually committing, or is attempting to commit an offense."[32] (Emphasis supplied, citation omitted)
Appellants in this case were neither performing any overt act or acting in a suspicious manner that would hint that a crime has been, was being, or was about to be, committed. If the arresting officers' testimonies are to be believed, appellants were merely helping each other carry a carton box. Although appellant Tudtud did appear "afraid and perspiring," "pale" and "trembling," this was only after, not before, he was asked to open the said box.[33] (Citations omitted)In this case, the arrest and the search were substantially contemporaneous. Thus, what must be evaluated is whether or not the arresting officers had probable cause for petitioner's arrest when they made the search.
Section 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:In relation to the foregoing requirements, Section 21 of the Implementing Rules and Regulations of Republic Act No. 9165 provides:
(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 arid/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[.]
(a) The apprehending officer/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: Provided, that the physical inventory and photograph shall be conducted at the place where the search warrant is served; or at the nearest police station or at the nearest office of the apprehending officer/team, whichever is practicable, in case of warrantless seizures; 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[.]In People v. Holgado y Dela Cruz,[34] this Court explained in depth the significance of meeting the foregoing requirements under the law and the implications of the failure to meet them, especially where the amount of narcotics seized is miniscule. This Court stressed that trial courts must carefully consider the intricacies of cases involving Republic Act No. 9165 and employ heightened scrutiny. Thus, this Court considered several factors in determining that violation of Republic Act No. 9165 was not proven beyond reasonable doubt. This Court noted that non-compliance with Section 21 of Republic Act No. 9165 produces doubt as to the origins of any seized narcotics. It further noted that where a miniscule amount of narcotics is seized, a more exacting compliance with the requisites of Republic Act No. 9165 is necessary. Additionally, although non-compliance with Republic Act No. 9165 upon justifiable grounds does not render void and invalid the seizure of the narcotics, this Court noted that no justifiable grounds were presented to explain non-compliance with the requisites.
As to when and how the markings "JBA" was (sic) placed on the recovered plastic sachet PO1 Dela Cruz testified:Thus, the Court of Appeals found that the integrity of the seized narcotics had been preserved;Q: How many plastic sachets did you recover from the hand of the accused?
A: Only one (1)[,] ma'am.
Q: And what did you do with the plastic sachet you recovered from him?
A: We brought it to the crime laboratory for examination[,] ma'am.
Q: Were there markings placed on the specimens when you forwarded it (sic) to the crime laboratory?
A: Yes, ma'am.
Q: What markings were placed on the specimens?
A: JBA[,] ma'am.
Q: Who put the markings on the specimen?
A: The investigator, ma'am.(TSN dated 5 December 2007, page 7)
On cross-examination, PO1 Dela Cruz was straightforward and candid, when he testified on how the specimen confiscated from the appellant came into the hands of the PNP Crime Laboratory. Thus:Q: And thereafter you recovered the plastic sachet?
A: Yes[,] ma'am.
Q; What markings were put on the plastic sachet?
A: JBA, ma'am.
Q: But you were not the one who put the markings on the plastic sachet?
A: Yes, ma'am,
Q: And it is a Standard Operating Procedure in your office that the markings you put on the specimens are the initials of the accused[,] is that correct?
A: Yes, ma'am.
Q: Who forwarded the specimen to the crime lab, Mister Witness?
A: I was the one who forwarded it, ma'am,(Ibid, page 12)
....
Contrary to what appellant wants to portray, the chain of custody of the seized prohibited drug was not broken. The initials of appellant, "JBA" were placed in the transparent plastic sachet containing white crystalline substance suspected to be shabu immediately after seizure, as an incident to a valid warrantless arrest. This was placed by the investigator in the Binangonan Police Station where the appellant was brought for investigation. The fact that this investigator was not identified and presented in court does not in any way cast doubt on the integrity of the chain of custody. After all, not all people who came into contact with the seized drugs are required to testify in court. There is nothing in Republic Act No. 9165 or in any rule implementing the same that imposes such a requirement. As long as the chain of custody of the seized drug was clearly established to have not been broken, as in this case, and the prosecution did not fail to identify properly the drugs seized, it is not indispensable that each and every person who came into possession of the drugs should take the witness stand.[35]
In like manner, there is no merit in appellant's assertion that the arresting officers had failed to preserve the integrity and the evidentiary value of the confiscated drugs. The factual antecedents of the case reveal that the police officers immediately went to the police station to turn over appellant and the evidence seized from. him. The police investigator at the station then marked the confiscated plastic sachet with appellant's initials. The plastic sachet and its contents were then submitted by PO1 Dela Cruz to the PNP Crime Laboratory at Camp Crame, Quezon City for examination, which was conducted by PIAFCO Abillonar.However, it appears from the record that the seized drugs were not marked by the apprehending team but by an investigating officer at the police station, an act which is not in accordance with Republic Act No. 9165. Further, no justifiable reason for this was presented by the prosecution.
As duly supported by the testimonies of its witnesses, an unbroken chain of custody of the seized drags had been established by the prosecution from the arresting officer, to the investigating officer, and finally to the forensic chemist. There is no doubt that the items seized from the appellant at the scene of the crime were also the same items marked by the investigating officer, sent to the Crime Laboratory, and later on tested positive for rnethamphetamine hydrochloride.[36]
| Very truly yours, |
(SGD) | |
WILFREDO V. LAPITAN | |
Division Clerk of Court |