GR 242692 CAguioa (Digest)
G.R. No. 242692 , July 13, 2020
PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. DAVID JAMES PIS-AN Y DIPUTADO, ACCUSED-APPELLANT.
FACTS
This case involves an appeal from a conviction for violating Section 11, Article II of Republic Act No. 9165 (Illegal Possession of Dangerous Drugs). The Concurring Opinion of Justice Caguioa focuses on the police officers’ compliance with the mandatory procedural requirements under Section 21 of RA No. 9165 . The prosecution established that during the buy-bust operation, the police officers immediately conducted the physical inventory, marking, and photography of the seized items at the place of arrest. This was done in the presence of the accused-appellant, a media representative, a Department of Justice (DOJ) representative, and a barangay official. The seized drugs were then turned over to an investigator and subsequently to a forensic chemist for laboratory examination, which yielded a positive finding for methamphetamine hydrochloride (shabu). The prosecution was able to prove an unbroken chain of custody of the confiscated drugs.
ISSUE
Whether the police officers strictly complied with the mandatory procedural requirements of Section 21, Article II of RA No. 9165 , thereby preserving the integrity and evidentiary value of the seized dangerous drugs as the corpus delicti of the crime.
RULING
Yes. The police officers meticulously and competently followed the procedure laid out in Section 21 of RA No. 9165 . They strictly complied with the requirements of immediately conducting a physical inventory and photographing the seized items in the presence of the accused and the three mandatory witnesses (an elected public official, a media representative, and a DOJ representative) at the place of arrest. Furthermore, the prosecution successfully established all four links in the chain of custody: (1) seizure and marking; (2) turnover to the investigating officer; (3) turnover to the forensic chemist; and (4) submission to the court. The mandatory requirements are reasonable safeguards against tampering and abuse, and this case exemplifies that they are not difficult to follow when police officers perform their duties diligently. The conviction of the accused-appellant is affirmed.