Scribd Logo
Upload

Welcome to Scribd!

  • 126 views

    PEOPLE Vs JAYCENT MOLA y SELBOSA A.K.A. "OTOK"

    Uploaded by

    Lara Cacal
    The prosecution charged Jaycent Mola with illegal sale of prohibited drugs. However, the apprehending officer did not mark and inventory the seized drugs at the arrest site as required, instead doing so later at the police station. This broke the chain of custody. While the officer claimed safety concerns made it impractical to comply, the court found this excuse unsupported and self-serving. Without integrity in handling the corpus delicti, Mola was acquitted due to reasonable doubt of his guilt.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content

    PEOPLE Vs JAYCENT MOLA y SELBOSA A.K.A. "OTOK"

    Uploaded by

    Lara Cacal
    126 views1 page
    The prosecution charged Jaycent Mola with illegal sale of prohibited drugs. However, the apprehending officer did not mark and inventory the seized drugs at the arrest site as required, instead doing so later at the police station. This broke the chain of custody. While the officer claimed safety concerns made it impractical to comply, the court found this excuse unsupported and self-serving. Without integrity in handling the corpus delicti, Mola was acquitted due to reasonable doubt of his guilt.

    Original Description:

    G.R. No. 226481, APRIL 18, 2018 Case Digest

    Original Title

    PEOPLE vs JAYCENT MOLA y SELBOSA a.k.a. "OTOK"

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document
    The prosecution charged Jaycent Mola with illegal sale of prohibited drugs. However, the apprehending officer did not mark and inventory the seized drugs at the arrest site as required, instead doing so later at the police station. This broke the chain of custody. While the officer claimed safety concerns made it impractical to comply, the court found this excuse unsupported and self-serving. Without integrity in handling the corpus delicti, Mola was acquitted due to reasonable doubt of his guilt.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
    126 views1 page

    PEOPLE Vs JAYCENT MOLA y SELBOSA A.K.A. "OTOK"

    Uploaded by

    Lara Cacal
    The prosecution charged Jaycent Mola with illegal sale of prohibited drugs. However, the apprehending officer did not mark and inventory the seized drugs at the arrest site as required, instead doing so later at the police station. This broke the chain of custody. While the officer claimed safety concerns made it impractical to comply, the court found this excuse unsupported and self-serving. Without integrity in handling the corpus delicti, Mola was acquitted due to reasonable doubt of his guilt.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
    of 1

    G.R. No.

    226481, APRIL 18, 2018


    PEOPLE vs JAYCENT MOLA y SELBOSA a.k.a. "OTOK"

    FACTS:

    Mola was charged with illegal sale of prohibited drugs. It was alleged by the
    prosecution that Mola was arrested pursuant to a buy-bust operation and a sachet of white
    crystalline substance was confiscated from him. After his arrest, he was brought to the
    Police Community Precinct (PCP). SP04 Enrique Columbino testified that he marked the
    seized items and prepared the confiscation/inventory receipt at the PCP; they then
    proceeded to the Dagupan City Police Station, where he turned over Mola, the sachet of
    shabu, the buy-bust money, and the confiscation/inventory receipt to Duty Investigator
    SPO3 Dante Marmolejo; the following day, he took back the sachet of shabu from SPO3
    Marmolejo and brought it to the PNP Crime Laboratory in Lingayen, Pangasinan, on the
    basis of the letter-request prepared by SPO3 Marmolejo; and he returned to Cayabyab's
    store, the place where he met Mola, to ask him to sign the confiscation/inventory receipt,
    which the latter did by printing his name on it. In his defense, Mola denied the accusations.

    ISSUE:

    Whether or not Mola is guilty beyond reasonable doubt.

    HELD:

    No. To ensure an unbroken chain of custody, Section 21 (1) of R.A. 9165 specifies


    that 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 DOJ, and any elected public official who shall be required to sign the copies of the
    inventory and be given a copy thereof.

    In this case, records yielded no justifiable reason for the prosecution's non-
    compliance with the first link in the chain of custody of evidence, i.e., the marking by the
    apprehending officer of the dangerous drug seized from the accused. The one advanced by
    SPO4 Columbino as to why it was impractical for him to conduct the marking and inventory
    of the sachet of alleged shabu at the place of arrest and seizure is unconvincing. His
    assertion that he opted to go to the PCP, which was the nearest police station, because he
    was "only one" and "there were many persons" is but a hollow excuse. The insinuation that
    the safety and security of his person or of the items seized was under immediate or
    extreme danger was self-serving as it was not substantiated or corroborated by evidence.
    To note, it appears that his claim is contrary to his statement during the direct examination
    that he was with the civilian asset and his companions from the PCP when he proceeded
    to conduct the buy-bust operation. Thus, for failure to establish the integrity of the corpus
    delicti, Mola was acquitted.

    You might also like