In a significant ruling, the Supreme Court acquitted Benson Tulod y Cuarte, emphasizing the critical importance of maintaining an unbroken chain of custody in drug-related cases. The Court underscored that any inconsistencies in the handling of seized items or failure to comply with mandatory witness requirements during inventory can undermine the integrity of evidence, thus warranting an acquittal. This decision reinforces the necessity for law enforcement to meticulously follow procedural safeguards to protect individual rights and ensure the reliability of evidence presented in court.

When Discrepancies in Drug Evidence Handling Lead to Acquittal

The case of People of the Philippines v. Benson Tulod y Cuarte revolves around charges against Benson Tulod for violating Sections 5 and 11 of Republic Act (RA) 9165, also known as the Comprehensive Dangerous Drugs Act of 2002. Tulod was accused of selling and possessing methamphetamine hydrochloride, commonly known as “shabu,” following a buy-bust operation conducted by the City Anti-Illegal Drugs Special Operations Team (CAIDSOT) in Olongapo City. The critical legal question centered on whether the prosecution adequately established an unbroken chain of custody over the seized drugs, thereby preserving the integrity and evidentiary value of the corpus delicti.

During the trial, PO2 David Domingo testified that surveillance confirmed Tulod’s involvement in illegal drug activities, leading to the buy-bust operation where PO2 Domingo acted as the poseur-buyer. Following the transaction, Tulod was arrested, and additional sachets of shabu were allegedly found in his possession. PO2 Lawrence Reyes corroborated Domingo’s account, stating that he recovered the marked money and additional drugs during the arrest. However, significant inconsistencies emerged regarding the turnover of the seized items to SPO2 Allan delos Reyes. While PO2 Domingo and PO2 Reyes claimed the items were turned over at the scene, SPO2 delos Reyes testified that he received them at Police Station 2. This discrepancy became a focal point in the Supreme Court’s evaluation.

The defense presented a different narrative, with Tulod claiming the charges were a case of “palit-ulo” or frame-up. Tulod testified that police officers entered his home, and he was subsequently arrested without a clear explanation. Witnesses for the defense supported Tulod’s claim, stating that he was engaged in household activities at the time of the arrest. The trial court, however, found Tulod guilty, emphasizing the prosecution’s coherent narration of events and the absence of ill motive on the part of the arresting officers. The Court of Appeals affirmed this decision, asserting that any procedural lapses were immaterial since the integrity of the evidence was preserved.

The Supreme Court, however, disagreed with the lower courts’ assessment. The Court emphasized that in illegal drug cases, the drug itself constitutes the corpus delicti, requiring the prosecution to establish that the substance illegally possessed by the accused is the same substance presented in court. To ensure the integrity of the seized drug item, the prosecution must account for each link in its chain of custody. This chain involves the seizure and marking of the illegal drug, its turnover to the investigating officer, then to the forensic chemist, and finally its submission to the court.

The chain of custody rule is critical due to the unique characteristics of illegal drugs, which render them indistinct, not readily identifiable, and easily open to tampering, alteration, or substitution either by accident or otherwise. Here, the Supreme Court found two critical flaws in the prosecution’s case. First, the conflicting testimonies of the arresting officers regarding where they turned over the seized items to SPO2 delos Reyes created doubt about the integrity of the corpus delicti. As the Court noted, these inconsistencies were reminiscent of those in People v. Alcuizar, where vague recollections of the custody transfer led to the accused’s acquittal.

Second, the Court highlighted the failure to comply with the mandatory witness requirements during the inventory and photographing of the seized items. Section 21 of RA 9165 and its implementing rules require the presence of the accused or their representative, a representative from the media, a representative from the Department of Justice (DOJ), and any elected public official during the inventory. In this case, only Tulod, a barangay official, and a city prosecutor representative were present. The absence of a media representative, without any offered explanation, constituted a significant deviation from the prescribed procedure.

The Supreme Court has consistently emphasized the importance of these insulating witnesses. As highlighted in People v. Abelarde and People v. Macud, the failure to secure the presence of all required witnesses during the inventory can lead to acquittal. The presence of these witnesses mitigates the risk of switching, planting, or contamination of the evidence, thereby ensuring the reliability of the seized drugs and other confiscated items. Without such safeguards, the prosecution’s case becomes inherently weak.

The Court acknowledged that the Implementing Rules and Regulations of RA 9165 provide a saving clause, allowing leniency when there are justifiable grounds to deviate from established protocol, provided that the integrity and evidentiary value of the seized items are properly preserved. However, the prosecution in Tulod’s case offered no explanation for the absence of the media representative. Therefore, the condition sine qua non for the saving clause to become operational was not met. Absent any acceptable explanation for the deviation from the procedural requirements of the chain of custody rule, the corpus delicti could not be deemed preserved.

FAQs

What was the key issue in this case?	The key issue was whether the prosecution adequately established an unbroken chain of custody over the seized drugs, thus preserving the integrity and evidentiary value of the corpus delicti, as required under Republic Act 9165. The court found significant inconsistencies and non-compliance with mandatory witness requirements.
Why is the chain of custody so important in drug cases?	The chain of custody is crucial because illegal drugs are easily susceptible to tampering or substitution. Maintaining a clear, documented record of the drug’s handling ensures the evidence presented in court is the same substance seized from the accused, safeguarding the integrity of the legal process.
What are the mandatory requirements during the inventory of seized drugs?	The law requires the presence of the accused (or their representative), a media representative, a Department of Justice representative, and an elected public official during the inventory and photographing of seized drugs. These witnesses serve to ensure transparency and prevent any potential mishandling or manipulation of evidence.
What happens if the chain of custody is broken?	If the chain of custody is broken, it casts doubt on the integrity of the evidence, potentially leading to the acquittal of the accused. Without a clear, documented record of the drug’s handling, the prosecution cannot prove beyond a reasonable doubt that the substance presented in court is the same one seized from the accused.
What did the Supreme Court find in this particular case?	The Supreme Court found inconsistencies in the testimonies of the arresting officers regarding where the seized items were turned over, as well as the absence of a media representative during the inventory. These deviations from the prescribed procedure raised doubts about the integrity of the evidence.
What is the “saving clause” in the Implementing Rules and Regulations of RA 9165?	The “saving clause” allows leniency when there are justifiable grounds to deviate from established protocol, provided that the integrity and evidentiary value of the seized items are properly preserved. However, the prosecution must offer a valid explanation for the deviation, which was lacking in this case.
What was the final decision of the Supreme Court?	The Supreme Court reversed the lower courts’ decisions and acquitted Benson Tulod y Cuarte. The Court emphasized the importance of adhering to the chain of custody rule and the mandatory witness requirements to ensure the integrity of evidence in drug cases.
What is the significance of this ruling?	This ruling reinforces the importance of strict compliance with procedural safeguards in drug cases to protect individual rights. It sends a clear message to law enforcement agencies about the necessity of meticulously following the chain of custody rule to ensure the reliability of evidence presented in court.

The Supreme Court’s decision underscores the indispensable need for law enforcement to adhere strictly to the procedural requirements of RA 9165. The meticulous maintenance of the chain of custody, coupled with the presence of mandated witnesses during inventory, ensures the integrity of evidence and protects the rights of the accused. This ruling serves as a stern reminder that any deviation from these safeguards, without justifiable explanation, can undermine the foundation of a drug-related conviction.

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. Tulod, G.R. No. 227993, September 25, 2019