People VS Tang - Full Text
People VS Tang - Full Text
Court of Appeals
Manila
PEOPLE OF THE
PHILIPPINES,
Plaintiff-Appellee,
CA-GR CR No. HC-08468
-versus- RTC BRANCH 164, PASIG
CITY
RTC Case No. 19791-92
APPELLANT’S BRIEF
Page 1 of 32
TABLE OF CONTENTS
PRAYER
LAW/AUTHORITIES CITED: 13
1. Section 21, Republic Act No. 9165
13-14
2. Section 21, Implementing Rules and
Regulations of Republic Act No. 9165
15-18
3. People of the Philippines v. Alberto Bacus
Alcuizar, G.R.No. 189980, 06 April 2011
18-21
4. People of the Philippines v. Edgardo Fermin y
Gregorio, G.R. No. 179344, 03 August 2011
21-22
5. Rodrigo Rontos v. People of the Philippines,
G.R. No. 188024, 05 June 2014
23-24
6. Carlito Valencia v. People of the Philippines,
G.R. No. 198804, 22 January 2014
24-27
7. Philippines v. Ramil Doria Dahil and Rommel
Castro, G.R. No. 212196, 12 January 2015
27
8. People v. Alberto, G.R. No. 179717, 05
February 2010
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Republic of the Philippines
Court of Appeals
Manila
PEOPLE OF THE
PHILIPPINES,
Plaintiff-Appellee,
CA-GR CR No. HC-08468
-versus- RTC BRANCH 164, PASIG
CITY
RTC Case No. 19791-92
APPELLANT’S BRIEF
ACCUSED-APPELLANT WILHELMINA DIAMZON, by
counsel, unto this Honorable Court, most respectfully states:
THE PARTIES
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STATEMENT OF THE CASE
“WHEREFORE:
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warrant be issued for the apprehension of Jose
A. Tang alias Tolits.
SO ORDERED.”
1
Rollo, pages 109-119
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Thousand Pesos (Php200,000.00) in order for these men to
release accused-appellant Diamzon.
INFORMATION3
Criminal Case No. 19791-D
Contrary to law.
2
Crime Laboratory Office Mandaluyong Physical Sciences Report No. DT-
718-14E dated 04 December 2014 , Rollo, Page 20
3
Rollo, pages 1-2
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INFORMATION4
Criminal Case No. 19792-D
Contrary to law.
4
Rollo, pages 3-4
5
Certificates of Arraignment dated 03 February 2015, Rollo, pages 39-40
6
Rollo, pages 59-60
7
Rollo, page 18
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The testimony of PO1 Lodjie N. Cruz, the investigator of
the case, was likewise dispensed and was stipulated thereto,
as per Order dated 09 March 20168, that he received the
specimens subject of the case from Rodrigo J. Nidoy, Jr., he
prepared the Chain of Custody Form9 and Request for
Laboratory Examination10, and that he has no personal
knowledge of the origin of the shabu subject of the cases.
8
Rollo, pages 100-101
9
Rollo, page 90
10
Rollo, page 91
11
Rollo, page 88
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(d) Thereafter, he allegedly confiscated six (6)
plastic sachets in the possession of
accused-appellant Diamzon.
12
Rollo, page 96
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as that appearing in the pictures13, and further manifested
thatthe same was without a pocket.
“WHEREFORE:
13
Rollo, pade 96
14
Rollo, pages 109-119
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SO ORDERED.”
ASSIGNMENT OF ERROR
DISCUSSION
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Salaysay ng Pag-aresto19, PO1 Nidoy referred to accused-
appellant Diamzon as “alias Mina” and even marked the
allegedly seized plastic sealed sachets with the word “MINA”.
Notable, however, is that the name “@ MINA” is not among
those listed in the Pre-Operation Report dated 03 December
2014 with Control No. 1214-00043. 20
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and/ or surrendered, for proper disposition in
the following manner:
xxx”
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warrant is made; or at the nearest police
station or at the nearest office of the
apprehending officer/ team, whichever is
practicable in case of warrantless seizures;
Provided, further, that non-compliance with
these requirements under justifiable grounds,
as long as the integrity and the evidentiary
value of the seized items are properly
preserved by the apprehending officer/ team,
shall not render void and invalid such seizure
of and custody over said items;
xxx”
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drug's unique characteristic that renders it
indistinct, not readily identifiable, and easily
open to tampering, alteration or substitution
either by accident or otherwise. Thus, to
remove any doubt or uncertainty on the
identity and integrity of the seized drug,
evidence must definitely show that the illegal
drug presented in court is the same illegal
drug actually recovered from the accused-
appellant; otherwise, the prosecution for
possession under Republic Act No. 9165 fails.
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Appellant cites the failure of the police
officer to mark the evidence immediately after
purportedly taking it from him. This omission,
appellant contends, renders the chain of
custody dubious.
xxx
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and recently, in the cases of People v. Dela
Cruz and People v. De la Cruz where we again
stressed the importance of complying with the
prescribed procedure. We also held that strict
compliance is justified under the rule that
penal laws shall be construed strictly against
the government, and liberally in favor of the
accused.
xxx
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“The defense’s main argument is whether
or not there was really a buy-bust operation on
9 July 2003. While we are not in total
agreement with all the submissions of the
defense, this Court is reversing the ruling of
the lower courts and now acquits the two
accused of the crime charged.
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circumstances which, if considered, would
materially affect the result of the case.
xxx
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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.
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present evidence on its own behalf. In which
case, the presumption prevails and the
accused should necessarily be acquitted.
Page 21 of 32
This Court has emphasized the import of
Section 21 as a matter of substantive law that
mandates strict compliance. It was laid down
by Congress as a safety precaution against
potential abuses by law enforcement agents
who might fail to appreciate the gravity of the
penalties faced by those suspected to be
involved in the sale, use or possession of illegal
drugs. Under the principle that penal laws are
strictly construed against the government,
stringent compliance therewith is fully
justified.
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ornaments that may or may not be disregarded
by the arresting officers at their own
convenience.
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in the presence of Valencia and to identify all
the individuals who took custody of the same
from the time the said plastic sachets were
confiscated until the time they were presented
in the RTC.”
“xxx
xxx
24
Rollo, Pages 11-12
Page 24 of 32
Notwithstanding the failure of the
prosecution to establish the rigorous
requirements of Section 21 of R.A. No. 9165,
jurisprudence dictates that substantial
compliance is sufficient. Failure to strictly
comply with the law does not necessarily
render the arrestof the accused illegal or the
items seized or confiscated from him
inadmissible. The issue of non-compliance
with the said section is not of admissibility,
but of weight to be given on the evidence.
Moreover, Section 21 of the IRR requires
"substantial" and not necessarily "perfect
adherence," as long as it can be proven that
the integrity and the evidentiary value of the
seized items are preserved as the same would
be utilized in the determination of the guilt or
innocence of the accused.
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and no opportunity for someone not in the
chain to have possession of the same.
xxx
Page 26 of 32
seized shabu from the time they were confiscated from
accused-appellant Diamzon until the inventory taking.
25
Rollo, pages 11-12
26
Rollo, page 22
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The more pertinent portions of the Manifestation of the
Prosecutor and testimony of accused-appellant Diamzon as
appearing in the Transcript of Stenographic Notes in the
hearing dated 13 April 2016 are herein quoted, to wit:
Page 6
Page 7
PROS. ORIBE:
COURT:
ATTY. ROMAN:
COURT:
PROS. ORIBE:
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Yes, your Honor.
COURT:
PROS. ORIBE:
WITNESS:
A. Yes, ma’am.
Page 8
ATTY. ROMAN:
A: Yes, ma’am.
COURT INTERPRETER:
ATTY. ROMAN:
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PROS. ORIBE:
xxx”
PRAYER
27
Rollo, page 22
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EXPLANATION
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