GR 227356; (October, 2019) (Digest)
G.R. No. 227356, October 16, 2019
People of the Philippines, Plaintiff-Appellee, v. Marvin Bolado y Naval, Accused-Appellant.
FACTS
Accused-appellant Marvin Bolado y Naval was charged with violation of Section 5, Article II of Republic Act No. 9165 (illegal sale of dangerous drugs). The prosecution alleged that on July 5, 2012, in Binangonan, Rizal, appellant sold 0.06 gram of methamphetamine hydrochloride (“shabu”) to PO2 Jeffray B. Mejala for Php 300.00 in a buy-bust operation. The buy-bust team conducted an inventory at the place of arrest in the presence of a media representative, Tata Rey Abella. The seized item was marked, submitted to the crime laboratory, and tested positive for shabu. Appellant denied the charge, claiming he was already detained at the police station since 12:00 noon on that day due to a vehicular accident and could not have committed the offense at 7:00 p.m. The Regional Trial Court convicted appellant, and the Court of Appeals affirmed the conviction.
ISSUE
Whether the chain of custody over the seized dangerous drug was complied with, thereby preserving its integrity and evidentiary value.
RULING
The Supreme Court acquitted appellant. It ruled that the prosecution failed to establish an unbroken chain of custody as required under Section 21 of RA 9165. The inventory of the seized drug was conducted only in the presence of a media representative, in violation of the law which mandates the presence of the accused or his representative, a representative from the media AND the Department of Justice, AND any elected public official. The prosecution did not offer any justifiable reason for this deviation. Furthermore, the testimony of PO2 Mejala did not detail who had custody of the drug after its marking until its submission to the forensic chemist, creating a gap in the chain. The presumption of regularity in the performance of official duty cannot prevail over the clear breach of the chain of custody rule. Consequently, the integrity and evidentiary value of the corpus delicti were compromised, warranting acquittal.