In drug-related cases, the Supreme Court emphasizes the crucial need for law enforcement to follow strict procedures when handling evidence, as outlined in Section 21 of Republic Act No. 9165, also known as the Comprehensive Dangerous Drugs Act. The Court ruled that if these procedures aren’t followed closely, the prosecution must provide a good reason why and prove that the evidence wasn’t compromised. This ruling protects individuals from wrongful convictions by ensuring that drug evidence is handled properly and that their rights are upheld throughout the legal process.

Justice Undone? Examining Chain of Custody Failures in Drug Possession Cases

Ricardo Veriño was convicted of possessing illegal drugs after police officers allegedly found sachets of shabu on him. However, Veriño appealed, arguing that the police failed to follow the strict evidence-handling procedures required by law. The central legal question revolves around whether the prosecution adequately proved Veriño’s guilt beyond a reasonable doubt, especially considering the lapses in complying with Section 21 of the Comprehensive Dangerous Drugs Act.

The case began when police received a tip identifying Veriño as a drug seller. A buy-bust operation was conducted, leading to Veriño’s arrest and the seizure of three sachets of suspected shabu. At trial, the prosecution presented testimonies and forensic reports to establish Veriño’s guilt. However, significant procedural lapses occurred during the handling of the seized evidence. The inventory of the seized items, a crucial step under Section 21, was not properly documented. Only an elected public official signed the inventory, and the required representatives from the Department of Justice (DOJ) and the media were absent, without justifiable reasons provided by the prosecution.

Section 21 of Republic Act No. 9165, as amended by Republic Act No. 10640, lays out specific guidelines on how seized drugs should be handled:

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:

(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[;]

The purpose of these procedures is to maintain the chain of custody, which is vital in ensuring that the drugs presented in court are the same ones seized from the accused. Any break in this chain raises doubts about the integrity of the evidence. Furthermore, the Supreme Court emphasized that the prosecution did not present photographs of the inventory, despite testimony indicating they were taken.

The Court considered the argument that the integrity and evidentiary value of the seized drugs were preserved, invoking the saving clause in Section 21, which allows for non-compliance under justifiable grounds. However, the Court noted that the prosecution failed to provide any justifiable reason for these procedural lapses. Strict compliance is expected to ensure the integrity and identity of seized drugs, especially when dealing with small quantities where the risk of tampering is higher.

The Court highlighted inconsistencies in the testimonies of prosecution witnesses and discrepancies in the documentary evidence. For example, the Pre-Operation Report identified a different target than Veriño, raising doubts about the operation’s focus and the evidence gathered. The Supreme Court ultimately ruled that the prosecution failed to prove Veriño’s guilt beyond a reasonable doubt due to the significant lapses in following the required procedures for handling drug evidence. The Court emphasized that the presumption of regularity in the performance of official duties cannot substitute for actual proof, especially when the procedures themselves were not followed.

The Court stated:

The unjustified absence of an elected public official and DOJ representative during the inventory of the seized item constitutes a substantial gap in the chain of custody. There being a substantial gap or break in the chain, it casts serious doubts on the integrity and evidentiary value of the corpus delicti. As such, the petitioner must be acquitted.

The decision serves as a reminder of the importance of strictly adhering to legal safeguards in drug-related cases to protect individuals from wrongful convictions. The Supreme Court has consistently held that procedural lapses can undermine the integrity of the evidence and create reasonable doubt. This ruling clarifies that the prosecution bears the burden of justifying any non-compliance with Section 21 and demonstrating that the integrity of the evidence was preserved.

In Veriño’s case, the failure to include required witnesses during the inventory and the lack of a justifiable explanation for this absence were critical factors in the Court’s decision. The Court underscored that when the procedures are not followed, the presumption of regularity cannot be relied upon to validate the evidence. The right to be presumed innocent until proven guilty is a fundamental principle in criminal law, and this right is reinforced by ensuring that law enforcement follows proper procedures in handling evidence. The decision underscores the judiciary’s role in protecting individual rights and ensuring fairness in the criminal justice system.

FAQs

What was the key issue in this case?	The key issue was whether the prosecution proved Ricardo Veriño’s guilt beyond a reasonable doubt, considering the police’s failure to strictly comply with the evidence-handling procedures under Section 21 of the Comprehensive Dangerous Drugs Act.
What is Section 21 of the Comprehensive Dangerous Drugs Act?	Section 21 outlines the procedures that law enforcement must follow when handling seized drugs, including conducting a physical inventory and photographing the items in the presence of specific witnesses. It aims to preserve the integrity and evidentiary value of the seized items.
Why is the chain of custody important in drug cases?	The chain of custody ensures that the drugs presented in court are the same ones seized from the accused. It establishes a clear record of who handled the evidence and how, preventing tampering or substitution.
What is the saving clause in Section 21?	The saving clause allows for non-compliance with the strict procedures under justifiable grounds, as long as the integrity and evidentiary value of the seized items are properly preserved. However, the prosecution must prove the justifiable grounds for non-compliance.
What were the procedural lapses in Veriño’s case?	The inventory of the seized items was not signed by Veriño or his representative, and representatives from the DOJ and the media were absent. Additionally, the prosecution failed to present photographs of the inventory.
How did the Court address the presumption of regularity?	The Court stated that the presumption of regularity in the performance of official duties cannot substitute for actual proof, especially when the procedures themselves were not followed. The lapses were clear proof of irregularity.
What was the significance of the small quantity of drugs in this case?	The Court noted that the minuscule amount of narcotics seized underscores the need for more exacting compliance with Section 21, as it increases the risk of tampering or planting evidence.
What was the result of the Supreme Court’s decision?	The Supreme Court acquitted Ricardo Veriño, ruling that the prosecution failed to prove his guilt beyond a reasonable doubt due to the significant lapses in following the required procedures for handling drug evidence.

This case demonstrates the judiciary’s commitment to protecting individual rights and upholding due process in criminal proceedings. By requiring strict compliance with evidence-handling procedures, the Supreme Court aims to prevent wrongful convictions and ensure fairness in the administration of 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: Veriño v. People, G.R. No. 225710, June 19, 2019