In People v. Bolado, the Supreme Court overturned a conviction for illegal drug sale due to a critical flaw: the prosecution’s failure to properly establish the chain of custody for the seized substance. This ruling underscores the importance of strict adherence to procedural safeguards in drug cases, ensuring the integrity of evidence and protecting individuals from wrongful convictions. By emphasizing the necessity of a clear and unbroken chain, the Court reaffirmed the constitutional right to be presumed innocent until proven guilty beyond a reasonable doubt.

Missing Links: How a Flawed Drug Evidence Chain Led to Acquittal

Marvin Bolado y Naval was charged with selling 0.06 grams of methamphetamine hydrochloride, commonly known as “shabu,” during a buy-bust operation. The prosecution presented testimonies from police officers and a forensic chemist, along with documentary evidence, to establish Bolado’s guilt. However, critical inconsistencies in the handling of the seized drug cast serious doubt on the integrity of the evidence, ultimately leading to Bolado’s acquittal.

At the heart of the Supreme Court’s decision lies the concept of the chain of custody, a vital principle in drug-related cases. This principle, enshrined in Section 21 of Republic Act No. 9165 (RA 9165), ensures that the integrity and identity of seized drugs are preserved from the moment of confiscation until their presentation in court as evidence. Section 21 of RA 9165 states:

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 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. (Emphasis added)

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The chain of custody rule comprises four essential links, each representing a critical stage in the handling of the drug. These links include: (1) seizure and marking by the apprehending officer, (2) turnover to the investigating officer, (3) turnover to the forensic chemist for examination, and (4) submission to the court. Each transfer must be properly documented to maintain a clear and unbroken record of the drug’s journey.

In this case, the Supreme Court found a significant breach in the first link of the chain of custody. While the marking of the seized drug occurred immediately after the arrest, the required physical inventory and photography were not conducted in the presence of all mandated witnesses. Specifically, a representative from the Department of Justice (DOJ) and an elected public official were absent during this crucial step. The testimony of PO2 Mejalla, one of the arresting officers, confirmed this lapse:

Q:	Where were you when you put the markings on the plastic sachet?
A:	In the area, ma’am.
Q:	Was there an inventory of the said items?
A:	There was a copy of the inventory ma’am.
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Q:	Who (was) present when you made this inventory?
A:	Tata Rey ma’am.
Q:	Who is this Tata Rey?
A:	A radio announcer ma’am.
Q:	Where were you when you prepared this inventory?
A:	At the area ma’am.
Q:	Was there any photos or pictures made about the items and the accused alias Barok?
A:	We’re not able to take photographs at the area but on the station because we don’t have a camera then ma’am.[28]

The absence of these mandatory witnesses raised serious concerns about the integrity of the seized drug. The Court noted that the prosecution failed to acknowledge this deficiency, let alone provide any justification for it. This failure to comply with the chain of custody rule cast doubt on whether the substance presented in court was indeed the same one seized from Bolado.

The Implementing Rules and Regulations (IRR) of RA 9165 contain a saving clause that allows for leniency in cases where strict compliance with the chain of custody is not possible due to justifiable grounds. However, to invoke this saving clause, the prosecution must explain the reasons for the procedural lapses and demonstrate that the integrity and evidentiary value of the seized items were nonetheless preserved. As the Supreme Court emphasized in People v. Jugo:

[F]or the above-saving clause to apply, the prosecution must explain the reasons behind the procedural lapses, and that the integrity and value of the seized evidence had nonetheless been preserved. Moreover, the justifiable ground for non-compliance must be proven as a fact, because the Court cannot presume what these grounds are or that they even exist.

In Bolado’s case, the prosecution failed to offer any explanation for the absence of the required witnesses during the inventory and photography of the seized drug. This failure meant that the saving clause could not be invoked, and the breach in the chain of custody remained unremedied. The presumption of regularity in the performance of official duty, which often favors law enforcement officers, was insufficient to overcome the clear evidence of non-compliance with the chain of custody rule.

The Supreme Court’s decision in People v. Bolado serves as a crucial reminder of the importance of adhering to the strict requirements of the chain of custody rule in drug cases. The absence of a DOJ representative and an elected public official during the inventory and photography of the seized drug, coupled with the prosecution’s failure to provide a justifiable explanation, created a reasonable doubt as to the integrity of the evidence. This doubt ultimately led to Bolado’s acquittal, underscoring the principle that the prosecution must prove guilt beyond a reasonable doubt.

FAQs

The Supreme Court’s decision in People v. Bolado underscores the judiciary’s commitment to upholding the rights of the accused and ensuring fairness in drug-related cases. By strictly enforcing the chain of custody rule, the Court sends a clear message that procedural safeguards cannot be sacrificed in the pursuit of convictions. This decision serves as a vital reminder to law enforcement agencies to meticulously follow the prescribed procedures to maintain the integrity of evidence and prevent wrongful convictions.

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. Bolado, G.R. No. 227356, October 16, 2019