In Manuel R. Portuguez v. People, the Supreme Court affirmed the conviction of the petitioner for illegal possession of dangerous drugs, emphasizing the importance of preserving the integrity and evidentiary value of seized items. The Court reiterated that non-compliance with the strict procedural requirements of Republic Act No. 9165 (Comprehensive Dangerous Drugs Act of 2002) is not fatal to the prosecution’s case, provided the chain of custody is sufficiently established and the integrity of the evidence is maintained. This ruling reinforces the principle that the focus should be on whether the seized drugs presented in court are the same ones recovered from the accused, ensuring a fair trial based on reliable evidence.

From Buy-Bust to Possession: Can Shabu Seized Without Strict Protocol Convict?

The case arose from an incident on April 16, 2003, when police officers conducted a buy-bust operation targeting an individual named Bobot. According to the prosecution, Police Officer 1 (PO1) Aldrin R. Mariano witnessed Manuel R. Portuguez and Bobot engaged in a drug transaction. When PO1 Mariano and the asset approached, Portuguez allegedly attempted to flee, but PO1 Mariano apprehended him. Upon inspection, Portuguez was found to be in possession of a sachet containing 0.05 gram of methamphetamine hydrochloride, commonly known as shabu. He was subsequently charged with violating Section 11, Article II of R.A. No. 9165.

During the trial, the prosecution presented testimonies from PO1 Mariano and PO1 Janet Sabo, detailing the events leading to Portuguez’s arrest and the subsequent handling of the seized drug. The defense, on the other hand, argued that Portuguez was mistakenly identified as Bobot and that the shabu was not recovered from him. They also raised concerns about the lack of inventory and photographs taken after the arrest, questioning the integrity of the evidence. The Regional Trial Court (RTC) found Portuguez guilty, a decision which was affirmed by the Court of Appeals (CA). The petitioner then appealed to the Supreme Court, raising the sole issue of whether the CA erred in affirming his conviction.

The Supreme Court, in resolving the matter, delved into the elements of illegal possession of dangerous drugs. The Court emphasized that the prosecution must prove that (1) the accused possessed an item identified as a prohibited drug; (2) such possession was unauthorized by law; and (3) the accused freely and consciously possessed the drug. The Court found that the prosecution successfully established all these elements. PO1 Mariano’s testimony was deemed credible, and the Court upheld the presumption of regularity in the performance of official duty.

The defense heavily relied on the argument that the police officers failed to comply with Section 21 of the Implementing Rules and Regulations (IRR) of R.A. No. 9165, which outlines the procedure for the custody and disposition of seized drugs. Specifically, they pointed to the absence of a physical inventory and photographs taken in the presence of the accused or his representative. The Court addressed this concern by quoting the relevant provision of the IRR:

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 of 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:

(a) The apprehending officer/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 person/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; Provided, that the physical inventory and photograph shall be conducted at the place where the search warrant is served; or at the nearest police station or at the nearest office of the apprehending officer/team, whichever is practicable, in case of warrantless seizures; Provided, further, that non-compliance with these requirements under justifiable grounds, as long as the integrity and evidentiary value of the seized items are properly preserved by the apprehending officer/team, shall not render void and invalid such seizures of and custody over said items.

The Court clarified that strict compliance with these requirements is not mandatory. The crucial factor is whether the integrity and evidentiary value of the seized items were properly preserved. The Court then examined the chain of custody in this case, noting the following key steps:

• PO1 Mariano marked the seized sachet with “EXH A ARM 04-16-03.”
• P/Sr. Insp. Rodrigo E. Villaruel signed a request for laboratory examination of the seized item.
• PO1 Sabo personally delivered the request and the marked item to the PNP Crime Laboratory on the same day of the arrest.
• Chemistry Report No. D-687-03E confirmed that the marked item contained methamphetamine hydrochloride.
• PO1 Mariano identified the marked item in court, and it was offered as evidence.

Based on these steps, the Court concluded that the chain of custody was adequately established and that the integrity of the seized drugs was preserved. This determination highlighted that the police properly accounted for the evidence from the moment of seizure to its presentation in court. The Supreme Court emphasized its deference to the trial court’s assessment of witness credibility, noting that the RTC was in a better position to evaluate the demeanor and testimonies of the witnesses. The Court found no reason to overturn the RTC’s findings, which were also sustained by the CA.

The Court reiterated its unfavorable view of defenses such as denial and frame-up, stating that they are common ploys in drug cases that require strong and convincing evidence to be given credence. The Court found that the petitioner failed to present such evidence to support his claims. Building on this principle, the Court rejected the petitioner’s argument that the absence of inventory and photographs created doubt as to the identity and integrity of the drugs. It emphasized that the focus should be on whether the prosecution had established an unbroken chain of custody and preserved the integrity of the evidence, which it found to be the case here.

This approach contrasts with cases where the chain of custody is compromised due to unexplained gaps or inconsistencies in the handling of the evidence. In such instances, the courts have ruled that the prosecution has failed to prove the guilt of the accused beyond a reasonable doubt. By upholding the conviction in this case, the Supreme Court reaffirmed the principle that non-compliance with procedural requirements is not automatically fatal if the integrity and evidentiary value of the seized items are properly preserved.

FAQs

What was the key issue in this case?	The key issue was whether the petitioner’s conviction for illegal possession of drugs should be overturned due to alleged procedural lapses in the handling of the seized drugs, specifically the lack of physical inventory and photographs.
What is the significance of the chain of custody in drug cases?	The chain of custody is crucial because it ensures that the seized drugs are the same ones presented in court as evidence. It establishes the integrity and identity of the evidence, preventing tampering or substitution.
Does non-compliance with Section 21 of the IRR of R.A. No. 9165 automatically invalidate a drug conviction?	No, non-compliance does not automatically invalidate a conviction. The Supreme Court has held that as long as the integrity and evidentiary value of the seized items are properly preserved, non-compliance is not fatal.
What is the presumption of regularity in the performance of official duty?	This legal principle presumes that law enforcement officers have acted lawfully and properly in carrying out their duties. The burden is on the accused to present clear and convincing evidence to overcome this presumption.
Why did the Court give credence to the testimonies of the police officers in this case?	The Court gave credence to the police officers’ testimonies because the petitioner failed to present any evidence to suggest that they were motivated by ill will or had fabricated their accounts. The presumption of regularity also favored their version of events.
What are the elements that the prosecution must prove in illegal drug possession cases?	The prosecution must prove that the accused possessed an item identified as a prohibited drug, that such possession was unauthorized by law, and that the accused freely and consciously possessed the drug.
What are the common defenses in drug cases, and how are they viewed by the courts?	Common defenses include denial and frame-up. The courts view these defenses with disfavor, requiring strong and convincing evidence to support them, as they can easily be fabricated.
What was the result of the examination of the seized item?	The item was discovered to contain 0.05 gram of methamphetamine hydrochloride, commonly known as shabu.
What was the ruling of the Regional Trial Court?	The Regional Trial Court (RTC) found Portuguez guilty beyond reasonable doubt of the offense of Violation of Section 11, Article II of Republic Act 9165 and was sentenced to Twelve (12) Years and One (1) Day to Twenty (20) Years and to pay a FINE of Three Hundred Thousand Pesos (P300,000.00).

The Supreme Court’s decision in Manuel R. Portuguez v. People underscores the judiciary’s pragmatic approach to drug cases, balancing the need for strict adherence to procedural rules with the practical realities of law enforcement. It serves as a reminder that the ultimate goal is to ensure that justice is served based on reliable evidence, even if there are minor deviations from the prescribed procedures. This ruling provides clarity on the application of R.A. No. 9165, guiding law enforcement and the courts in handling drug cases effectively.

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: Manuel R. Portuguez, vs. People of the Philippines, G.R. No. 194499, January 14, 2015