GR 241610; (February, 2021) (Digest)
G.R. No. 241610 , February 01, 2021
LORETO TABINGO Y BALLOCANAG, PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.
FACTS
On December 6, 2013, police officers implemented Search Warrant No. 2013-115 at the residence of petitioner Loreto Tabingo in Tayug, Pangasinan. During the search, they found Rose Cabanilla hiding under a bed and seized six opened plastic sachets containing suspected shabu residue, a glass tooter, a glass pipe, and an improvised burner. The inventory was conducted in the presence of barangay kagawads. The seized items were submitted to the crime laboratory, where they tested positive for Methamphetamine Hydrochloride. Tabingo was charged with violations of Sections 11 (Illegal Possession of Dangerous Drugs) and 12 (Illegal Possession of Drug Paraphernalia) of Republic Act No. 9165 . At trial, the prosecution presented PO3 Gina T. Aromin, PO2 Esteban C. Fernandez III, and PCI Imelda B. Roderos. Tabingo testified for the defense, claiming he was not in his house during the search and was later summoned by police. The Regional Trial Court convicted Tabingo. The Court of Appeals affirmed the conviction. Tabingo filed a Petition for Review on Certiorari before the Supreme Court, raising issues regarding alleged procedural lapses in the implementation of the search warrant and the custody of seized items.
ISSUE
Whether the Court of Appeals gravely erred in affirming the conviction of the petitioner despite alleged failures in complying with procedural rules on search warrants and in proving the integrity and identity of the seized items.
RULING
The Supreme Court granted the appeal and reversed the decisions of the lower courts. The Court found that the police officers committed unjustifiable deviations from the chain of custody rule under Section 21 of Republic Act No. 9165 , as amended. The required witnesses during the physical inventory and photographing of the seized items were not present. The inventory was only witnessed by barangay kagawads, but there was no representative from the National Prosecution Service or the media, as required by law. The prosecution failed to offer any justifiable ground for this non-compliance. Consequently, the integrity and evidentiary value of the seized items were compromised, which warranted the acquittal of the petitioner. The Court acquitted Loreto Tabingo y Ballocanag on reasonable doubt and ordered his immediate release.