G.R. No. 201365 , August 03, 2015
The People of the Philippines, Plaintiff-Appellee, vs. Manuela Flores y Salazar @ Wella, Accused-Appellant.

FACTS

On July 28, 2009, based on a tip from an informant, a police team conducted a buy-bust operation in Quiapo, Manila against accused-appellant Manuela Flores y Salazar @ Wella. The poseur-buyer, PO3 Rodelio Salvador, transacted with Flores, who asked “Kukuha ba kayo?” Upon receiving marked money, Flores handed over a plastic sachet containing a white crystalline substance. PO3 Salvador then gave the pre-arranged signal, leading to Flores’s arrest. The police recovered five additional plastic sachets from her pocket. The seized sachet from the sale was marked “MFS,” and the five others were marked “MF1” to “MF5.” The team brought Flores to the police station, where an inventory and photographs were taken, and a laboratory request was prepared. The substances tested positive for Methylamphetamine hydrochloride (shabu). Flores was charged with illegal sale and illegal possession of dangerous drugs under Sections 5 and 11(3), Article II of Republic Act No. 9165 . The Regional Trial Court found her guilty, and the Court of Appeals affirmed the conviction. Flores appealed to the Supreme Court, contending that the arresting officers failed to comply with the custody and disposition procedure under Section 21 of R.A. 9165 and the chain of custody rule.

ISSUE

Whether the arresting officers’ alleged non-compliance with Section 21 of R.A. 9165 and the chain of custody rule invalidates the seizure of the dangerous drugs and warrants the acquittal of the accused-appellant.

RULING

The Supreme Court denied the petition and affirmed the conviction. The Court held that while Section 21 of R.A. 9165 requires the apprehending team to immediately inventory and photograph seized items in the presence of the accused or representative, a media representative, a Department of Justice representative, and any elected public official, strict compliance is not always required. Substantial compliance is permissible under the Implementing Rules and Regulations, provided the integrity and evidentiary value of the seized items are properly preserved. The Court found that the prosecution successfully established an unbroken chain of custody. PO3 Salvador immediately marked the seized items at the scene, maintained custody until turnover at the police station to investigator PO3 Elymar Garcia, who then prepared the inventory, took photographs, and requested laboratory examination. The forensic chemist confirmed the substances were shabu, and PO3 Salvador identified them in court. There was no showing that the integrity and evidentiary value of the evidence were compromised. Thus, the requirements of R.A. 9165 were substantially complied with, and the guilt of the accused for illegal sale and illegal possession of dangerous drugs was proven beyond reasonable doubt.