In drug-related cases, maintaining an unbroken chain of custody is paramount to ensure the integrity and evidentiary value of seized items. The Supreme Court has consistently emphasized that the failure to strictly adhere to the chain of custody rule can lead to the acquittal of the accused. This means that the prosecution must meticulously account for each link in the chain, from seizure to presentation in court, to avoid any suspicion of tampering or contamination. In People v. Marivic Cohayco, the Supreme Court acquitted the accused due to the prosecution’s failure to justify the absence of a Department of Justice (DOJ) representative during the inventory and photography of seized drugs, highlighting the critical importance of witness requirements in preserving evidence integrity.

Flaws in Procedure: When Missing Witnesses Lead to Freedom

People v. Marivic Cohayco revolves around the arrest and conviction of Marivic Cohayco for the illegal sale of dangerous drugs. During a buy-bust operation, Cohayco was apprehended, and sachets of shabu were seized. While the marking, inventory, and photography of the seized items were conducted, a critical procedural lapse occurred: the absence of a representative from the Department of Justice (DOJ) during the process. This case highlights the crucial role of the chain of custody rule, mandated by Republic Act No. 9165, and the consequences of failing to comply with its strict requirements. The central legal question is whether the absence of a DOJ representative during the inventory and photography of seized drugs compromises the integrity of the evidence, thus warranting the accused’s acquittal.

The chain of custody rule is a vital safeguard in drug cases, designed to ensure that the integrity and identity of seized drugs are preserved from the moment of seizure until their presentation in court. As the Supreme Court has noted, the dangerous drug itself forms an integral part of the corpus delicti of the crime. Therefore, any break in the chain of custody casts doubt on whether the substance presented in court is the same one seized from the accused. Section 21 of Republic Act No. 9165, as amended by Republic Act No. 10640, outlines the specific procedures that must be followed, including the immediate marking, physical inventory, and photography of the seized items in the presence of the accused, as well as representatives from the media, the Department of Justice (DOJ), and elected public officials. The presence of these witnesses is meant to prevent any potential for tampering or planting of evidence.

In the Cohayco case, the prosecution argued that the integrity of the seized drugs was maintained despite the absence of a DOJ representative. However, the Supreme Court found this argument unpersuasive. The Court emphasized that compliance with the chain of custody procedure is not merely a procedural technicality but a matter of substantive law. The purpose of these requirements is to address potential police abuses, given the severe penalties involved in drug offenses. The Court quoted People v. Miranda, reminding prosecutors of their duty to account for any lapses in the chain of custody, regardless of whether the defense raises the issue.

“[Since] the [procedural] requirements are clearly set forth in the law, the State retains the positive duty to account for any lapses in the chain of custody of the drugs/items seized from the accused, regardless of whether or not the defense raises the same in the proceedings a quo; otherwise, it risks the possibility of having a conviction overturned on grounds that go into the evidence’s integrity and evidentiary value, albeit the same are raised only for the first time on appeal, or even not raised, become apparent upon further review.”

While the Court acknowledged that strict compliance may not always be possible due to varying field conditions, it stressed that any deviation from the prescribed procedure must be justified. The prosecution must provide a reasonable explanation for the non-compliance and demonstrate that the integrity and evidentiary value of the seized items were properly preserved. In this case, the prosecution failed to provide a justifiable reason for the absence of the DOJ representative. The testimony of PDEA Operative Intelligence Officer 2 Elvis M. Taghoy, Jr. confirmed that only barangay officials and media representatives were present during the inventory and photography of the seized items. The prosecution did not present any evidence that earnest efforts were made to secure the presence of a DOJ representative, leading the Court to conclude that there was an unjustified deviation from the chain of custody rule.

The Supreme Court underscored that the absence of the required witness created a significant doubt about the integrity of the evidence. The Court emphasized the importance of ensuring that the inventory and photography are conducted in the presence of specific witnesses to maintain transparency and prevent any suspicion of tampering or planting of evidence. The failure to comply with this requirement, without a valid justification, compromises the integrity and evidentiary value of the seized items. As a result, the Court had no choice but to acquit Marivic Cohayco.

This case highlights the judiciary’s commitment to strictly enforcing the chain of custody rule in drug cases. Law enforcement officers must meticulously follow the prescribed procedures to ensure that the rights of the accused are protected and that the evidence presented in court is reliable and untainted. Any deviation from the chain of custody rule, without a justifiable reason, can have significant consequences, including the acquittal of the accused.

FAQs

What was the key issue in this case?	The key issue was whether the absence of a Department of Justice (DOJ) representative during the inventory and photography of seized drugs compromised the integrity of the evidence, warranting the accused’s acquittal. The Supreme Court ruled that it did, due to the failure to justify this absence.
What is the chain of custody rule?	The chain of custody rule is a legal principle that requires the prosecution to account for each link in the chain of possession of evidence, from seizure to presentation in court, to ensure its integrity and prevent tampering or substitution. It is crucial in drug cases to establish the identity of the seized substance.
Why is the presence of witnesses important during the inventory and photography of seized drugs?	The presence of witnesses, such as representatives from the media, DOJ, and elected public officials, is important to ensure transparency, prevent any suspicion of tampering or planting of evidence, and maintain the integrity of the chain of custody. Their presence provides an additional layer of verification.
What happens if there is a break in the chain of custody?	A break in the chain of custody can cast doubt on the integrity of the evidence, potentially leading to its exclusion from trial or, as in this case, the acquittal of the accused, if the prosecution cannot provide a justifiable reason for the lapse.
What are the requirements for conducting inventory and photography of seized items?	The law requires that the inventory and photography of seized items be conducted immediately after seizure in the presence of the accused or their representative, as well as representatives from the media, DOJ (or National Prosecution Service), and an elected public official.
What if it is not possible to strictly comply with the chain of custody rule?	Strict compliance may be excused if the prosecution can demonstrate a justifiable reason for the non-compliance and prove that the integrity and evidentiary value of the seized items were properly preserved despite the deviation.
What was the court’s ruling in People v. Cohayco?	The Supreme Court acquitted Marivic Cohayco, holding that the prosecution failed to justify the absence of a DOJ representative during the inventory and photography of the seized drugs, thus compromising the integrity and evidentiary value of the evidence.
What is the significance of this case?	This case underscores the importance of strict adherence to the chain of custody rule in drug cases and highlights the consequences of failing to comply with its requirements, particularly the mandatory presence of specific witnesses during the inventory and photography of seized items.

The People v. Cohayco case serves as a reminder to law enforcement agencies of the need to meticulously follow the procedures outlined in Republic Act No. 9165 to ensure the integrity of evidence in drug cases. The absence of required witnesses during critical stages of evidence handling can be fatal to the prosecution’s case. The ruling reinforces the importance of protecting the rights of the accused and upholding the principles of due process.

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 vs. Marivic Cohayco, G.R. No. 241324, September 11, 2019