GR 244545; (February, 2021) (Digest)
G.R. No. 244545 , February 10, 2021
Franklin Reyes, Jr. y De Los Reyes, Petitioner, vs. People of the Philippines, Respondent.
FACTS
The Laoag City Police Station conducted a buy-bust operation against Franklin Reyes based on information from a police asset. PO1 Irving Lorenzo acted as poseur-buyer and handed a marked P1,000.00 bill to Reyes, who in turn gave a plastic sachet of suspected shabu. Upon the pre-arranged signal, Reyes was arrested. A frisk yielded the buy-bust money, a small brown paper envelope, and three other plastic sachets. The team brought Reyes to the police station. Only Barangay Kagawad Helen Bulaun arrived as a witness. The seized items were marked and photographed in the presence of Reyes and Kagawad Bulaun, then delivered to the PNP Crime Laboratory, where they tested positive for methamphetamine hydrochloride. Reyes was charged with Illegal Sale and Illegal Possession of Dangerous Drugs under Republic Act No. 9165 . The Regional Trial Court convicted Reyes. The Court of Appeals affirmed the conviction with a modification on the fine for possession. Reyes appealed to the Supreme Court, arguing the police failed to comply with the chain of custody rule.
ISSUE
Whether the prosecution established an unbroken chain of custody of the seized dangerous drugs, thereby proving the guilt of the accused beyond reasonable doubt.
RULING
No. The Supreme Court acquitted Franklin Reyes due to a broken chain of custody. The Court found that the police officers failed to comply with the witness requirements under Section 21 of RA 9165, as amended. The inventory and photographing of the seized items were conducted only in the presence of the accused and a barangay kagawad. There was no representative from the National Prosecution Service or the media. The prosecution failed to provide any justifiable reason for this absence or to prove that earnest efforts were made to secure their presence. Furthermore, the testimony of Kagawad Bulaun revealed she was not actually present during the marking and inventory, as she was merely asked to sign documents after the fact. This deviation from the mandated procedure, without any acceptable explanation, created serious doubt as to the integrity and identity of the corpus delicti. The presumption of regularity in the performance of official duty was thus overturned. Consequently, the prosecution failed to prove an unbroken chain of custody, warranting acquittal. The Decision of the Court of Appeals was reversed and set aside.