In the case of People of the Philippines v. Felecisimo Bombasi y Vergara, the Supreme Court acquitted the accused due to significant breaches in the chain of custody of the seized drugs. The Court emphasized that strict adherence to procedures outlined in Republic Act No. 9165, or the Comprehensive Dangerous Drugs Act of 2002, is crucial to maintain the integrity and identity of drug evidence. This ruling underscores the judiciary’s commitment to protecting individual rights by ensuring that evidence presented in drug cases is handled meticulously and transparently, safeguarding against potential tampering or planting of evidence.

Broken Links: When Doubt Undermines Drug Convictions

The case revolves around the arrest and conviction of Felecisimo Bombasi y Vergara for violations of Sections 5 and 11, Article II of RA 9165, involving the sale and possession of methamphetamine hydrochloride (shabu). The prosecution presented evidence from a buy-bust operation, asserting that Bombasi sold and possessed the illegal drugs. However, the defense challenged the integrity of the evidence, claiming inconsistencies in the handling of the seized drugs from the point of confiscation to its presentation in court. This challenge brought into question whether the procedural safeguards mandated by law were adequately followed to ensure the reliability of the evidence used against the accused.

The central issue before the Supreme Court was whether the chain of custody rule, as prescribed by Section 21 of RA 9165, was properly complied with. This provision outlines the procedures that law enforcement officers must follow when handling confiscated drugs to ensure the integrity of the evidence. Section 21 of RA 9165 explicitly states:

SEC. 21. Custody and Disposition of Confiscated, Seized, and/or Surrendered Dangerous Drugs, Plant Sources of Dangerous Drags, 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 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.

The Implementing Rules and Regulations (IRR) of RA 9165 further emphasize the need for strict compliance, although it allows for certain exceptions under justifiable grounds, provided the integrity and evidentiary value of the seized items are preserved. The Court, in evaluating the case, scrutinized the prosecution’s adherence to these procedural requirements.

The chain of custody rule is critical in drug cases because it establishes a clear trail of accountability from the moment the drugs are seized until they are presented as evidence in court. As the Supreme Court noted in People v. de Leon, the chain consists of several links:

first, the seizure and marking, if practicable, of the illegal drug recovered from the accused by the apprehending officer; second, the turnover of the illegal drug seized by the apprehending officer to the investigating officer; third, the turnover by the investigating officer of the illegal drug to the forensic chemist for laboratory examination; and fourth, the turnover and submission of the marked illegal drug seized from the forensic chemist to the court.

These links ensure that the substance presented in court is the same one that was seized from the accused, preventing any possibility of tampering, alteration, or substitution. The Court found significant lapses in several links of the chain of custody in Bombasi’s case. First, the marking of the seized items was questionable. While PO2 De Leon testified that he marked the sachets at the place of arrest, this was not corroborated, and another officer, PO1 Almadilla, stated he only saw the items at the police station. This inconsistency raised doubts about when and where the marking occurred, a critical step in identifying the evidence.

Second, the inventory and photographing of the seized items were not conducted at the place of arrest, as required by law. Instead, these procedures were performed at the police station, and the prosecution failed to provide any justification for this deviation. The absence of immediate inventory and photography increases the risk of evidence tampering, as highlighted in People v. Escaran:

The presence of the witnesses from the DOJ, media, and from public elective office is necessary to protect against the possibility of planting, contamination, or loss of the seized drug… The practice of police operatives of not bringing to the intended place of arrest the three witnesses, when they could easily do so – and “calling them in” to the place of inventory to witness the inventory and photographing of the drugs only after the buy-bust operation has already been finished – does not achieve the purpose of the law in having these witnesses prevent or insulate against the planting of drugs.

Third, only a media representative was present during the inventory, and there was no representative from the Department of Justice (DOJ) or any elected public official. This failure to comply with the three-witness rule further undermined the integrity of the evidence. The presence of these witnesses is intended to ensure transparency and prevent any opportunity for abuse or manipulation of evidence. The Supreme Court has consistently emphasized the mandatory nature of this requirement, as seen in cases like People v. Rojas and People v. Paz.

Beyond these initial lapses, the prosecution also failed to establish a clear record of how the seized items were handled after the inventory. None of the prosecution witnesses testified about who received the drugs from the arresting officer or who served as the investigating officer. This gap in the chain of custody raised questions about the security and handling of the evidence during this critical period. While PO2 De Leon stated that he delivered the items to the crime laboratory, there was no testimony about how the items were stored or handled between the police station and the laboratory. This lack of documentation created further uncertainty regarding the integrity of the evidence. The Court, in People v. Bermejo, has previously acquitted accused individuals due to similar failures in establishing the chain of custody.

Finally, the prosecution did not provide sufficient details about how the evidence custodian handled and stored the seized items after they were examined by the forensic chemist. This lack of information left a significant gap in the chain of custody, making it impossible to verify that the drugs presented in court were the same ones initially seized from the accused. The Court, in Mallillin v. People, emphasized that the chain of custody rule requires testimony about every link in the chain, ensuring that each person who handled the evidence describes how they received it, where it was kept, and what happened to it while in their possession. Failure to provide this level of detail creates a reasonable doubt about the integrity of the evidence.

Given these multiple violations of the chain of custody rule, the Supreme Court concluded that the identity and integrity of the corpus delicti were not sufficiently established. The Court emphasized that strict compliance with the chain of custody rule is essential to protect the rights of the accused and ensure the fairness of the criminal justice system. Because the prosecution failed to meet this standard, the Court had no choice but to overturn the conviction and acquit Felecisimo Bombasi y Vergara. In People v. Año, the Court affirmed its duty to overturn convictions when the chain of custody procedure is not properly followed or when no justifiable reason exists for non-compliance.

FAQs

What is the chain of custody rule?	The chain of custody rule is a legal principle requiring that the prosecution establish a clear and unbroken trail of accountability for seized evidence, from the moment of confiscation to its presentation in court, to ensure its integrity and authenticity.
Why is the chain of custody important in drug cases?	In drug cases, the chain of custody is crucial because it ensures that the substance presented in court is the same one seized from the accused, preventing any tampering, alteration, or substitution of the evidence.
What are the key steps in the chain of custody?	The key steps include the seizure and marking of the drug, turnover to the investigating officer, turnover to the forensic chemist, and the submission of the marked drug to the court.
What is the three-witness rule in drug cases?	The three-witness rule requires the presence of a media representative, a DOJ representative, and an elected public official during the inventory and photographing of seized drugs to ensure transparency and prevent abuse.
What happens if the chain of custody is broken?	If the chain of custody is broken, the integrity of the evidence is compromised, and the court may rule the evidence inadmissible, potentially leading to the acquittal of the accused.
What did the Supreme Court decide in this case?	The Supreme Court acquitted Felecisimo Bombasi y Vergara due to multiple violations of the chain of custody rule, which cast serious doubt on the identity and integrity of the seized drugs.
Why was the accused acquitted?	The accused was acquitted because the prosecution failed to establish a clear and unbroken chain of custody, with lapses in the marking, inventory, and handling of the seized drugs.
What is the role of the forensic chemist in the chain of custody?	The forensic chemist examines the seized substance to determine its composition and provides expert testimony on its nature, ensuring that the substance is indeed an illegal drug.
Can the chain of custody be excused in certain situations?	The IRR of RA 9165 allows for exceptions to the strict chain of custody requirements under justifiable grounds, provided the integrity and evidentiary value of the seized items are properly preserved.

This case underscores the critical importance of adhering to the procedural requirements outlined in RA 9165 to ensure the integrity of drug evidence. Law enforcement agencies must prioritize strict compliance with the chain of custody rule to uphold the rights of the accused and maintain the fairness of the criminal justice system. The meticulous handling of evidence not only ensures accurate convictions but also protects against wrongful accusations.

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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, PLAINTIFF-APPELLEE, v. FELECISIMO BOMBASI Y VERGARA, ACCUSED-APPELLANT., G.R. No. 230555, October 09, 2019