The Supreme Court has ruled that failure to strictly adhere to the procedural requirements for handling drug evidence can lead to acquittal if it casts doubt on the integrity of the evidence. This means that if the prosecution cannot prove that the seized drugs are the same ones presented in court, the accused cannot be convicted. The ruling underscores the importance of meticulously following chain of custody rules to protect the rights of the accused and ensure fair trials in drug-related cases.

“Aruba’s” Alibi: Did Police Protocol Lapse in this Buy-Bust Operation?

In the case of People of the Philippines v. Nita Eugenio y Pejer, the Supreme Court addressed critical questions regarding the handling of evidence in drug cases, specifically concerning compliance with Section 21 of Republic Act No. 9165, also known as the Comprehensive Dangerous Drugs Act of 2002. This law outlines the procedures for the custody and disposition of seized dangerous drugs. The central issue revolved around whether the prosecution had sufficiently established an unbroken chain of custody for the seized substance, thereby ensuring its integrity and evidentiary value. The appellant, Nita Eugenio y Pejer, challenged her conviction, arguing that the buy-bust team failed to follow the mandatory procedures outlined in Section 21, thus compromising the evidence against her.

The prosecution’s case rested on the testimony of PO1 Aldrin Mariano, who acted as the poseur-buyer in the buy-bust operation. PO1 Mariano testified that he purchased a sachet of shabu from the appellant using marked money. He claimed to have immediately marked the seized item and later submitted it for laboratory examination. However, the defense argued that the police failed to comply with the requirement to immediately inventory and photograph the seized drug in the presence of the accused, a media representative, and a representative from the Department of Justice (DOJ), as mandated by Section 21 of R.A. No. 9165.

Section 21 of R.A. No. 9165 explicitly states:

Section 21. Custody and Disposition of Confiscated, Seized, and/or Surrendered Dangerous Drugs, Plant Sources of Dangerous Drugs, Controlled Precursors and Essential Chemicals, Instruments/Paraphernalia and/or Laboratory Equipment. – The PDEA shall take charge and have custody of all dangerous drugs, plant sources or dangerous drugs, controlled precursors and essential chemicals, as well as instruments/paraphernalia and/or laboratory equipment so confiscated, seized and or surrendered, for proper disposition in the following manner:

(1) The apprehending team having initial custody and control of the drugs shall, immediately after seizure and confiscation, physically inventory and photograph the same in the presence of the accused or the persons/s from whom such items were confiscated and/or seized, or his/her representative or counsel, a representative from the media and the Department of Justice (DOJ), and any elected public official who shall be required to sign the copies of the inventory and be given a copy thereof; x x x

The Court acknowledged that while non-compliance with Section 21 does not automatically invalidate a seizure, it raises serious concerns about the integrity of the evidence. The Supreme Court cited People v. Pringas, emphasizing that:

Non-compliance by the apprehending/buy-bust team with Section 21 is not fatal as long as there is justifiable ground therefor, and as long as the integrity and the evidentiary value of the confiscated/seized items, are properly preserved by the apprehending officer/team. Its non-compliance will not render an accused’s arrest illegal or the items seized/confiscated from him inadmissible. What is of utmost importance is the preservation of the integrity and the evidentiary value of the seized items, as the same would be utilized in the determination of the guilt or innocence of the accused.

The Implementing Rules and Regulations of R.A. No. 9165, particularly Section 21(a), further clarify this point, stating that non-compliance is permissible under justifiable grounds, provided the integrity and evidentiary value of the seized items are properly preserved. Building on this principle, the Court scrutinized the prosecution’s evidence to determine whether the integrity of the seized shabu had been maintained.

However, in this case, the Court found significant discrepancies that cast doubt on the evidence. The memorandum prepared by P/Sr. Insp. Chief Villaruel indicated that the operation occurred around 8:30 P.M. on May 13, 2003. Yet, the laboratory report stated that the seized substance was received at the Crime Laboratory at 8:33 P.M., a mere three minutes after the alleged confiscation. Considering that the appellant was first taken to a hospital for a physical check-up after her arrest, the Court found it highly improbable that the substance could have been transported to the laboratory in such a short time frame. This anomaly raised serious questions about whether the substance examined in the laboratory was indeed the same substance seized from the appellant.

The Court also noted that the defense had consistently questioned the police’s non-compliance with the inventory and photographing requirements of Section 21 from the outset. This timely objection further highlighted the prosecution’s failure to adhere to the prescribed procedures. Because the prosecution failed to establish an unbroken chain of custody and to convincingly demonstrate the integrity and evidentiary value of the seized substance, the Court concluded that reasonable doubt existed as to the appellant’s guilt. Therefore, the Supreme Court reversed the Court of Appeals’ decision and acquitted Nita Eugenio y Pejer.

This decision serves as a reminder of the critical importance of following proper procedures in handling drug evidence. Law enforcement officers must ensure strict compliance with Section 21 of R.A. No. 9165 to maintain the integrity of the evidence and safeguard the rights of the accused. Failure to do so can result in the acquittal of the accused, regardless of other evidence presented. By emphasizing adherence to protocol and the preservation of evidence, the Court reinforced the principle that every individual is presumed innocent until proven guilty beyond a reasonable doubt, with reliable and untainted evidence.

FAQs

What was the key issue in this case?	The key issue was whether the prosecution adequately proved the integrity and evidentiary value of the seized drugs, considering the police’s failure to comply with Section 21 of R.A. No. 9165. The defense argued that the police did not properly document and handle the evidence, creating doubt about its authenticity.
What is Section 21 of R.A. No. 9165?	Section 21 of the Comprehensive Dangerous Drugs Act outlines the procedures for the custody and disposition of seized dangerous drugs. It mandates that the apprehending team immediately inventory and photograph the drugs in the presence of the accused, a media representative, and a DOJ representative.
Why is the chain of custody important in drug cases?	The chain of custody ensures that the evidence presented in court is the same evidence seized from the accused. Maintaining a clear chain of custody prevents tampering, substitution, or alteration of the evidence, which could compromise the fairness of the trial.
What happens if the police fail to comply with Section 21?	Non-compliance with Section 21 does not automatically invalidate the seizure, but it raises serious concerns about the integrity of the evidence. The prosecution must then prove that there were justifiable grounds for the non-compliance and that the integrity and evidentiary value of the seized items were properly preserved.
What was the Supreme Court’s ruling in this case?	The Supreme Court ruled that the prosecution failed to prove the integrity and evidentiary value of the seized drugs due to discrepancies in the timeline and the police’s failure to comply with Section 21. As a result, the Court acquitted Nita Eugenio y Pejer based on reasonable doubt.
What is the significance of the Pringas case in relation to this case?	The Pringas case established that non-compliance with Section 21 is not fatal if there is justifiable ground and the integrity of the evidence is preserved. However, in this case, the Court found that the prosecution failed to meet these conditions, distinguishing it from Pringas.
What should law enforcement officers do to ensure compliance with R.A. No. 9165?	Law enforcement officers must strictly adhere to the procedures outlined in Section 21, including immediate inventory and photographing of the seized drugs. They should also maintain a clear and unbroken chain of custody, documenting every transfer and handling of the evidence.
How does this ruling affect future drug cases?	This ruling reinforces the importance of meticulous compliance with procedural requirements in drug cases. It serves as a reminder that failure to properly handle and document evidence can lead to acquittal, even if there is other evidence suggesting guilt.

This case highlights the judiciary’s commitment to protecting the rights of the accused and ensuring fair trials. Strict adherence to legal procedures is essential in drug cases, and any deviation can raise doubts that ultimately benefit the accused. The ruling underscores the need for law enforcement to prioritize proper evidence handling to secure convictions and uphold justice.

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 OF THE PHILIPPINES, APPELLEE, VS. NITA EUGENIO Y PEJER, APPELLANT., G.R. No. 186459, September 01, 2010