GR 212170; (June, 2019) (Digest)
G.R. No. 212170 , June 19, 2019
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee vs. ALEX ESCARAN Y TARIMAN, Accused-Appellant
FACTS
Accused-appellant Alex Escaran was charged with illegal sale and illegal possession of dangerous drugs. The prosecution alleged that on March 21, 2004, based on a tip, police officers conducted a buy-bust operation in Mandaue City. PO1 Veraño acted as poseur-buyer and purchased two packets of shabu from Escaran for marked money. Upon consummation of the sale, Escaran was arrested and a subsequent search yielded four more packets from his pocket. The seized items were marked and later confirmed to be methamphetamine hydrochloride.
For his defense, Escaran denied the allegations. He claimed he was waiting for co-workers when four persons approached him asking to buy shabu. He refused and directed them elsewhere. He was subsequently accosted, handcuffed, and brought to the police station where he was forced to admit ownership of the drugs. He asserted the buy-bust was a frame-up.
ISSUE
Whether the prosecution proved Escaran’s guilt for violations of Sections 5 and 11 of Republic Act No. 9165 beyond reasonable doubt.
RULING
No. The Supreme Court acquitted Escaran due to the prosecution’s failure to establish the integrity and evidentiary value of the seized drugs, a critical element in drug-related cases. The Court emphasized strict compliance with the chain of custody rule under Section 21 of RA 9165. The procedure requires the immediate physical inventory and photographing of seized items in the presence of the accused or his representative, a media representative, a DOJ representative, and an elected public official.
The records showed a glaring deviation from this procedure. The inventory was conducted only in the presence of police officers and an elected barangay official. There was no representative from the media or the DOJ. The prosecution offered no justifiable reason for this omission. It did not even attempt to explain the absence of these required witnesses or show that earnest efforts were made to secure their presence. This failure to comply with the witness requirement, without any explanation, compromised the integrity of the seized items from the moment of their seizure. Consequently, the prosecution did not overcome the presumption of innocence, and Escaran’s guilt was not proven beyond reasonable doubt. The appeal was granted, and Escaran was acquitted and ordered immediately released.