PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. JOSELITO YBAÑEZ y GARCIA, Accused-Appellant. G.R. No. 234217 . October 16, 2019.

DOCTRINE: The failure of the prosecution to establish the identity and integrity of the seized illegal drugs, resulting in a broken chain of custody, creates reasonable doubt and warrants acquittal. Compliance with the procedure under Section 21 of Republic Act No. 9165 is crucial, and any unjustified deviation therefrom is fatal to the prosecution’s case.

FACTS

1. Accused-appellant Joselito Ybañez was charged with violation of Section 5 (Sale of Dangerous Drugs) of R.A. No. 9165 .
2. A buy-bust operation was conducted based on information from a confidential informant. PO2 Rodelio Bautista acted as the poseur-buyer.
3. During the operation, Ybañez allegedly handed over a plastic sachet containing white crystalline substance in exchange for marked money. Upon arrest, another sachet was allegedly recovered from him.
4. The police officers claimed they marked the seized items at the police station, not at the place of arrest. The required witnesses (an elected public official and a representative from the Department of Justice or media) were not present during the inventory and photographing of the evidence.
5. The forensic chemist confirmed the substance was methamphetamine hydrochloride (shabu).
6. The Regional Trial Court convicted Ybañez. The Court of Appeals affirmed the conviction, giving credence to the presumption of regularity in the performance of official duty by the police officers.

ISSUE

Whether the Court of Appeals erred in affirming the conviction despite the prosecution’s failure to prove an unbroken chain of custody of the seized illegal drugs.

RULING

YES. The Court of Appeals erred. The conviction is REVERSED and SET ASIDE. Accused-appellant Joselito Ybañez y Garcia is ACQUITTED.

The Supreme Court held that the prosecution failed to establish the identity of the *corpus delicti* (the illegal drug) with moral certainty due to substantial gaps in the chain of custody. The Court emphasized that in drug cases, the identity of the drug must be established with unwavering exactitude.

1. Non-compliance with Section 21, R.A. No. 9165 : The police officers committed unjustified deviations from the mandatory procedure:
* Absence of Required Witnesses: The inventory and photographing were not conducted in the presence of an elected public official *and* a representative from the DOJ or media, as strictly required by law. The prosecution offered no justifiable reason for this omission.
* Failure to Mark Immediately at the Place of Seizure: The marking of the seized items, which is the first link in the chain and should be done immediately upon seizure, was done only at the police station. This gap created doubt about whether the items tested were the same ones seized from Ybañez.

2. Broken Chain of Custody: These procedural lapses constituted a broken chain of custody. The prosecution did not provide any convincing explanation for the non-compliance. The presumption of regularity in the performance of official duty cannot prevail over the stronger presumption of innocence and cannot cure the prosecution’s failure to prove the integrity of the evidence.

3. Fatal Consequence: Without proof that the substance presented in court was the very same substance seized from the accused, his guilt cannot be established beyond reasonable doubt. The corpus delicti of the crime was not proven with certainty.

Therefore, Ybañez must be acquitted. He was ordered released from detention unless held for another lawful cause.