In the Philippines, a conviction for illegal drug sale requires proof beyond a reasonable doubt. This means the prosecution must convincingly demonstrate every element of the crime. A recent Supreme Court decision overturned the conviction of two individuals, Nida Guillermo and Desiree Guillermo, due to significant doubts about the alleged buy-bust operation and the handling of evidence. The Court found the prosecution’s narrative of the drug sale implausible, particularly concerning the use of ‘boodle money,’ and highlighted critical lapses in adhering to the chain of custody rule for seized drugs. This ruling underscores the importance of procedural integrity and credible evidence in drug-related cases.

Did the ‘Boodle Money’ Bust the Buy-Bust?: Questioning Drug Sale Evidence

The case of People of the Philippines vs. Nida Guillermo and Desiree Guillermo (G.R. No. 229515) hinged on the prosecution’s claim that Nida and Desiree sold shabu to an undercover officer. Intelligence Officer 1 (IO1) Grace L. Tactac testified that a buy-bust operation was planned based on information about Nida’s drug activities. IO1 Tactac was designated as the poseur-buyer, tasked with purchasing P350,000 worth of shabu. The buy-bust money allegedly consisted of two genuine 500-peso bills placed on top and at the bottom of boodle money made of cut newspapers.

The prosecution’s version of events was called into question by the Supreme Court. The Court scrutinized the credibility of the buy-bust operation, focusing on the implausibility of the ‘boodle money’ arrangement. According to IO1 Tactac and IO2 Advincula, the buy-bust money was constructed with two genuine 500-peso bills sandwiching cut newspapers. The Court found it hard to believe that such a crude attempt at deception would fool the accused, stating:

It is incredulous that the boodle money is sandwiched between two genuine 500-peso bills, which cannot be stacked neatly like new and crisp 500-peso bills without Desiree noticing it. It is more in accord with human experience that with only two genuine 500-peso bills in between the cut-out newspapers as boodle money would be clearly obvious to Nida and Desiree, who would have been alerted that Desiree was receiving a stack of cut-out newspapers placed inside an orange bag.

The Court also noted the absence of a specific agreement on the quantity of drugs to be sold. This lack of detail raised further doubts about the legitimacy of the alleged transaction. Drug pushers, the Court reasoned, would typically be meticulous about the quantity of shabu involved, given its high value. This lack of specificity further undermined the credibility of the prosecution’s case.

Beyond the doubts surrounding the sale itself, the Court found significant lapses in the handling of the seized drugs. Section 21 of Republic Act No. 9165, also known as the Comprehensive Dangerous Drugs Act of 2002, outlines a strict chain of custody rule. This rule is essential to preserve the integrity and evidentiary value of seized drugs. The chain of custody rule requires that the seized items be marked, inventoried, and photographed immediately after seizure in the presence of the accused or their representative, as well as a representative from the media, the Department of Justice (DOJ), and any elected public official. The law states:

…the apprehending team having initial custody and control of the drugs shall, immediately after seizure and confiscation, conduct a physical inventory of and photograph the seized items in the presence of the accused or the person/s from whom such items were confiscated and/or seized, or his/her representative or counsel, with an elected public official and a representative of the National Prosecution Service or the media who shall be required to sign the copies of the inventory and be given a copy thereof.

In this case, the prosecution failed to demonstrate that the marking of the seized items was done in the presence of the accused or their representative. IO1 Tactac testified that she marked the seized items at the PDEA office, not at the crime scene or in the presence of the accused. Moreover, there was no DOJ representative present during the inventory and photography of the seized items. While the Implementing Rules and Regulations of R.A. 9165 allow for exceptions to this requirement, the arresting officers failed to provide any justification for their non-compliance.

The Court also highlighted a critical gap in the chain of custody: the failure to identify the person who transported the seized items to the crime laboratory. Forensic Chemist Shaila Seville testified that she could not definitively identify who submitted the evidence for examination. This lack of clarity cast further doubt on whether the shabu allegedly confiscated from the accused was the same substance examined in the laboratory and presented in court. The following table summarizes the key procedural lapses in the case:

Procedural Lapse	Impact on Case
Marking of seized items not done in the presence of the accused	Raises doubts about the integrity of the evidence
Absence of DOJ representative during inventory	Violates mandatory witness requirement under R.A. 9165
Failure to identify who transported seized items to the crime laboratory	Breaks the chain of custody, undermining the evidentiary value of the drugs

The prosecution argued that the police officers should be presumed to have acted regularly in the performance of their duties. However, the Court rejected this argument, emphasizing that the presumption of regularity cannot override the constitutional presumption of innocence. The Court stated that the presumption of regularity applies only when officers are shown to have complied with the standard conduct of official duty as provided by law.

The Supreme Court ultimately concluded that the prosecution failed to prove the guilt of Nida and Desiree beyond a reasonable doubt. The dubious nature of the buy-bust operation, combined with the significant procedural lapses in handling the seized drugs, warranted their acquittal. The Court emphasized that the identity of the dangerous drug must be established with moral certainty, and any failure to prove the integrity of the corpus delicti renders the evidence for the State insufficient.

FAQs

What was the key issue in this case?	The key issue was whether the prosecution presented sufficient evidence to prove the guilt of the accused beyond a reasonable doubt for the crime of illegal sale of dangerous drugs, considering doubts about the buy-bust operation and the chain of custody of the seized drugs.
Why did the Supreme Court acquit the accused?	The Supreme Court acquitted the accused due to doubts about the credibility of the buy-bust operation, particularly the use of boodle money, and significant lapses in the handling of the seized drugs, violating the chain of custody rule.
What is the ‘chain of custody’ rule in drug cases?	The ‘chain of custody’ rule requires that the seized drugs be marked, inventoried, and photographed immediately after seizure in the presence of the accused and certain witnesses, ensuring the integrity and evidentiary value of the drugs.
What is the significance of the boodle money in this case?	The boodle money, consisting of cut newspapers sandwiched between two genuine bills, was deemed unconvincing, raising doubts about whether a legitimate drug sale actually occurred.
Why was the absence of a DOJ representative important?	The absence of a DOJ representative during the inventory violated a mandatory witness requirement under R.A. 9165, raising concerns about the transparency and reliability of the process.
What is the presumption of regularity in the performance of official duties?	The presumption of regularity assumes that police officers acted lawfully in the performance of their duties, but this presumption cannot override the constitutional presumption of innocence and requires compliance with legal procedures.
What is corpus delicti and why is it important?	Corpus delicti refers to the body of the crime, which in drug cases includes the dangerous drug itself. Establishing the integrity of the corpus delicti is crucial for proving the crime beyond a reasonable doubt.
What happens to the accused after the acquittal?	After the acquittal, the accused are ordered to be immediately released from custody, unless they are being held for another lawful cause.
What is the effect of procedural lapses in drug cases?	Procedural lapses in drug cases, such as failure to follow the chain of custody rule, can lead to the acquittal of the accused if they raise reasonable doubt about the integrity of the evidence.

This case reinforces the stringent requirements for proving drug-related offenses in the Philippines. It serves as a reminder to law enforcement agencies to meticulously adhere to procedural guidelines and to present credible evidence that establishes guilt beyond a reasonable doubt. The ruling also highlights the judiciary’s role in safeguarding the rights of the accused and ensuring that convictions are based on solid and trustworthy evidence.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: People v. Guillermo, G.R. No. 229515, November 27, 2019