People vs. Allingag Digest
People vs. Allingag Digest
Alingag (2018)
SUMMARY: The SC reversed Alingags’ conviction for violations of R.A. 9165 for non-compliance with the chain
of custody rule.
DOCTRINE: Certainly, the prosecution bears the burden of proof to show valid cause for non- compliance with
the procedure laid down in Section 21 of R.A. No. 9165, as amended. It has the positive duty to demonstrate
observance thereto in such a way that, during the proceedings before the trial court, it must initiate in
acknowledging and justifying any perceived deviations from the requirements of the law. Its failure to follow the
mandated procedure must be adequately explained and must be proven as a fact in accordance with the Rules
on Evidence. The rules require that the apprehending officers do not simply mention a justifiable ground, but
also clearly state this ground in their sworn affidavit, coupled with a statement on the steps they took to preserve
the integrity of the seized item. A stricter adherence to Section 21 is required where the quantity of illegal drugs
seized is miniscule since it is highly susceptible to planting, tampering, or alteration.
FACTS: A confidential informant arrived at the Station Anti-Illegal Drugs Special Operations Task Group (SAID-
SOTG), Taguig City Police Station on December 8, 2011 and reported to Police Officer (PO) 3 Jowel Briones
the illegal drug activities of a certain Jowie Allingag and Elizabeth Allingag. As a consequence, team leader
Police Senior Inspector Jerry Amindalan made a plan and called the team that included SPO1 Sanchez, PO2
Antillion, and PO1 Balbin, among others, to conduct a briefing for a buy-bust operation. PO3 Briones was
designated as poseur-buyer and PO1 Balbin was his immediate back- up. The team leader then instructed PO2
More to coordinate with the Philippine Drug Enforcement Agency (PDEA) and the Southern Police District. PO2
More also prepared the Coordination Form and Pre-Operation Report. PO3 Briones was then given two (2) Five
Hundred Peso bills and investigator Bonifacio recorded the same in the police blotter.
The team then proceeded to F. Generao St., Calzada Tipas, Taguig to conduct the buy- bust operation.
The team parked their vehicle near the target area and they proceeded on foot. When they reached the place,
the confidential informant saw appellants Jowie and Elizabeth and informed the police officers that the latter two
were the target persons. The confidential informant approached Jowie and Elizabeth and introduced PO3
Briones as the person who will buy shabu for his personal consumption. Jowie then told them that the shabu
was worth One Thousand Two Hundred Pesos (P1,200.00) but because the confidential informant was his "suki,"
PO3 Briones was allowed to buy the shabu for One Thousand Pesos (P1,000.00). PO3 Briones then handed
the marked money to Jowie and the latter passed the same money to Elizabeth. Elizabeth then told PO3 Briones
that she has another sachet of shabu and asked him if he still wanted to buy another. PO3 Briones told Elizabeth
that he only had One Thousand Pesos (P1,000.00).
Thereafter, PO3 Briones made the pre-arranged signal by removing his bull cap and PO1 Balbin rushed
to arrest appellants Jowie and Elizabeth. PO1 Balbin handcuffed the two and PO3 Briones recovered one (1)
plastic sachet of dried marijuana from Jowie and one (1) plastic sachet of shabu and the buy-bust money from
Elizabeth. Thereafter, PO3 Briones placed his markings "JVB" on the shabu subject of the sale and "JVB-2" on
the marijuana confiscated from Jowie and "JVB-1" on the shabu confiscated from Elizabeth.
A certificate of inventory was then prepared and, thereafter, the team proceeded to the police station for
proper turnover and documentation. At the police station, photographs of the arrested suspects, Spot Report,
Request for Crime Laboratory of the specimens, Request for Drug Tests and the booking and information sheets
were prepared. Thereafter, PO3 Briones and investigator PO3 Bonifacio brought the request and the confiscated
items to the crime laboratory for examination.
Police Chief Inspector Jocelyn Belen Julian, Forensic Chemist of the PNP Crime Laboratory, Camp
Crame conducted an examination on the confiscated items marked "JVB" and "JVB-1" which tested positive for
the presence of methylamphetamine hydrochloride and "JVB-2" which tested positive for marijuana.
Appellants were charged and convicted of illegal sale and illegal possession of dangerous drugs. CA
affirmed.
ISSUES: