G.R. No. 198796 September 16, 2015
The People of the Philippines, Plaintiff-Appellee, vs. Nicolas Lara III y Agatep and Randy Alcayde y Magundayao, Accused. Abdul Mammad y Macdirol, Ladger Tampoy y Bagayad and Hata Sariol y Maddas, Accused-Appellants.

FACTS

On August 4, 2004, a buy-bust operation was conducted in Quezon City based on a confidential informant’s report. PO2 Manny Panlilio acted as the poseur-buyer. Accused-appellants Abdul Mammad, Ladger Tampoy, and Hata Sariol were accused of selling 0.25 gram of shabu to PO2 Panlilio. Upon the pre-arranged signal, they were arrested. Additional plastic sachets of shabu were recovered from Mammad, Nicolas Lara III, and Randy Alcayde. Separate Informations were filed: one for Illegal Sale of Dangerous Drugs (Section 5, RA 9165) against Mammad, Tampoy, and Sariol, and three for Illegal Possession of Dangerous Drugs (Section 11, RA 9165) against Mammad, Lara, and Alcayde. The Regional Trial Court found Mammad, Tampoy, and Sariol guilty of Illegal Sale but acquitted all accused (Mammad, Lara, and Alcayde) of the Illegal Possession charges. The Court of Appeals affirmed the conviction. Accused-appellants appealed to the Supreme Court, asserting that the police failed to comply with the custody and disposition procedures under Section 21 of RA 9165, specifically the requirement to conduct a physical inventory and photograph the seized items in the presence of the accused, media, DOJ, and elected public officials.

ISSUE

Whether the police officers’ non-compliance with the procedural requirements of Section 21, Article II of RA 9165 (the Comprehensive Dangerous Drugs Act of 2002) invalidates the seizure of the dangerous drugs and warrants the acquittal of the accused-appellants.

RULING

The Supreme Court DISMISSED the petition and AFFIRMED the Court of Appeals Decision. The Court ruled that while the police officers failed to strictly comply with Section 21 by not making an inventory and taking photographs in the presence of the required witnesses, such non-compliance does not automatically render the arrest illegal or the seized items inadmissible. The Implementing Rules and Regulations recognize substantial compliance. The crucial factor is the preservation of the integrity and evidentiary value of the seized items. The prosecution successfully established an unbroken chain of custody: PO2 Panlilio immediately marked the seized sachet at the police station; it was turned over to the investigator and then to the crime laboratory for examination, where it tested positive for shabu; and it was presented in court. The links in the chain were not compromised. Therefore, the guilt of accused-appellants for Illegal Sale of Dangerous Drugs was proven beyond reasonable doubt.