In People of the Philippines vs. Joy Jigger P. Bayang and Jay M. Cabrido, the Supreme Court acquitted the accused due to the prosecution’s failure to adhere strictly to the chain of custody rule for seized drugs, as mandated by Republic Act No. 9165, especially concerning the required witnesses during inventory and photography. The Court emphasized that when dealing with minuscule amounts of drugs, rigorous adherence to procedural safeguards is crucial to prevent evidence tampering. This ruling highlights the judiciary’s commitment to protecting individual rights by ensuring that law enforcement follows prescribed procedures, reinforcing the importance of proper handling of drug evidence to avoid wrongful convictions.

When a Bag of Shabu Isn’t Just a Bag: How Missing Witnesses Led to an Acquittal

This case arose from a buy-bust operation conducted by the Anti-Drug Abuse Council of Pasig City (ADCOP) and the Station Anti-Illegal Drugs Special Operation Task Group (SAID-SOTG) against Joy Jigger P. Bayang and Jay M. Cabrido for allegedly selling and possessing shabu. The prosecution presented evidence indicating that PO2 Santos, acting as a poseur-buyer, purchased shabu from Bayang, while Cabrido was caught in possession of another sachet. Subsequently, both accused were arrested, and the seized items were inventoried at the barangay hall. However, the defense argued that the police officers failed to comply with Section 21 of Republic Act No. 9165, particularly in preserving the chain of custody, which led to a challenge on the integrity and admissibility of the evidence. The core legal question centered on whether the prosecution adequately demonstrated compliance with the stringent procedural requirements for handling seized drugs, as mandated by law.

The Supreme Court addressed the critical issue of compliance with Section 21 of R.A. No. 9165, as amended by R.A. No. 10640, which outlines the necessary steps for the custody and disposition of confiscated drugs. Section 21 mandates that after seizure, the apprehending team must conduct a physical inventory and photograph the items in the presence of the accused, an elected public official, and a representative from the National Prosecution Service (NPS) or the media. The law states:

SEC. 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:

(1) The apprehending team having initial custody and control of the dangerous drugs, controlled precursors and essential chemicals, instruments/paraphernalia and/or laboratory equipment shall, immediately after seizure and confiscation, conduct a physical inventory of the seized items and photograph the same in the presence of the accused or the persons 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: 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, finally, That noncompliance of these requirements under justifiable grounds, as long as the integrity and the evidentiary value of the seized items are properly preserved by the apprehending officer/team, shall not render void and invalid such seizures and custody over said items. xxx

The Court emphasized that the presence of these witnesses is essential to ensure transparency and prevent any suspicion of tampering or planting of evidence. The prosecution bears the burden of proving a valid cause for non-compliance, and any deviations from the procedure must be adequately explained and proven as a fact.

In this case, the prosecution admitted that no representative from the Department of Justice (DOJ) or the media was present during the inventory and photography of the seized items. The arresting officer, PO2 Santos, acknowledged this fact during cross-examination, as highlighted by the Court:

ATTY. ATIENZA

Q: And there was also no representative from the media or DOJ who witnessed the preparation of the inventory?
A: Yes, ma’am.

The Court found the explanation for the absence of these witnesses insufficient. The police claimed that they were unable to contact a representative from the media and did not attempt to secure a representative from the DOJ. The Court noted that the buy-bust team had ample time to coordinate with the necessary witnesses but failed to do so. This failure to comply with the mandatory requirements of Section 21 cast doubt on the integrity of the evidence. The Court also referenced People v. Battung, which outlines specific justifiable reasons for non-compliance, none of which were adequately demonstrated by the prosecution in this instance.

Building on this principle, the Supreme Court reiterated that when the amount of illegal drugs seized is minuscule, strict compliance with the chain of custody rule is crucial. This is due to the increased risk of tampering or alteration of evidence. In the absence of strict compliance and a satisfactory explanation for any deviations, the integrity and evidentiary value of the seized items cannot be assured. The Supreme Court also highlighted that adherence to Section 21 is a matter of substantive law, not a mere technicality. Therefore, non-compliance cannot be excused without a valid justification. The Court emphasized that the saving clause, which allows for non-compliance under justifiable grounds, only applies when the prosecution acknowledges the procedural lapses, explains the reasons, and establishes that the integrity and evidentiary value of the evidence seized have been preserved.

In the final analysis, the Supreme Court found that the prosecution failed to establish an unbroken chain of custody. They also did not provide adequate reasons for non-compliance with Section 21 of R.A. No. 9165. Consequently, the Court acquitted the accused. This decision underscores the critical importance of adhering to procedural safeguards in drug cases to protect the rights of the accused and ensure the integrity of the evidence.

This approach contrasts with cases where the prosecution demonstrates reasonable efforts to comply with the law and provides justifiable reasons for any deviations, such as when the location of the arrest is remote or when the safety of the witnesses is threatened. However, in this case, the prosecution’s failure to secure the presence of the required witnesses, despite having ample time to do so, was deemed a significant lapse that undermined the integrity of the evidence. The decision reinforces the principle that the prosecution must establish every element of the crime beyond a reasonable doubt, including the unbroken chain of custody of the seized drugs.

FAQs

What was the key issue in this case?	The key issue was whether the prosecution complied with Section 21 of R.A. No. 9165 regarding the chain of custody of seized drugs, particularly the required witnesses during inventory and photography.
What is the chain of custody rule?	The chain of custody rule requires that the prosecution establish an unbroken trail of accountability for seized evidence, from the moment of seizure to its presentation in court, to ensure its integrity and admissibility.
Who must be present during the inventory and photography of seized drugs?	Section 21 of R.A. No. 9165 requires the presence of the accused, an elected public official, and a representative from the National Prosecution Service or the media during the inventory and photography of seized drugs.
What happens if the police fail to comply with these requirements?	Failure to comply with these requirements can cast doubt on the integrity of the evidence and may lead to the acquittal of the accused, especially if the prosecution fails to provide a justifiable reason for the non-compliance.
What is the significance of the amount of drugs seized?	When the amount of drugs seized is minuscule, strict compliance with the chain of custody rule is even more critical to prevent any suspicion of tampering or alteration of evidence.
What is the “saving clause” in Section 21?	The “saving clause” allows for non-compliance with the requirements of Section 21 if the prosecution acknowledges the procedural lapses, provides justifiable reasons for the non-compliance, and establishes that the integrity and evidentiary value of the evidence seized have been preserved.
What reasons are considered justifiable for non-compliance?	Justifiable reasons for non-compliance may include the remoteness of the arrest location, threats to the safety of the witnesses, involvement of elected officials in the crime, or earnest but futile efforts to secure the presence of the required witnesses.
Why is the presence of a DOJ or media representative important?	The presence of a DOJ or media representative is important to ensure transparency, prevent any suspicion of tampering or planting of evidence, and protect the rights of the accused.
What was the outcome of the case?	The Supreme Court acquitted the accused due to the prosecution’s failure to establish an unbroken chain of custody and provide justifiable reasons for non-compliance with Section 21 of R.A. No. 9165.

This case serves as a crucial reminder to law enforcement agencies of the importance of strictly adhering to the procedural safeguards outlined in R.A. No. 9165. The failure to do so can have significant consequences, including the acquittal of accused individuals and the potential compromise of public safety. Ensuring compliance with these procedures is essential to upholding the integrity of the justice system and protecting the rights of all citizens.

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. Bayang, G.R. No. 234038, March 13, 2019