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THIRD DIVISION
DECISION
LEONEN, J.:
Two (2) separate Informations were filed against Sultan for violatin_~
the Comprehensive Dangerous Drugs Act of 2002. The charge for violation
of Section 5, for the illegal sale of dangerous drugs, read:
Meanwhile, the charge for violation of Section 11, for the illegal
possession of dangerous drugs, read:
Later that day, PO2 Hechanova and the confidential asset rode a jeep
to the Sea Breeze Hotel on San Juan Street, Bacolod City. 8
Upon arrival, they approached Sultan, who was standing at the hotel's
main door. The confidential asset inquired if Sultan has Pl ,000.00 worth of
shabu. Confirming that he had it, Sultan handed PO2 Hechanova an
elongated sachet containing white crystalline substance in exchange for the
marked money. As soon as the transaction occurred, the asset placed a
missed call to the team, which then rushed to the scene. Meanwhile, PO2
Hechanova introduced himself as a police officer and arrested Sultan. 9
Sultan was then brought to the barangay hall of Barangay 12, Bacolod
City where PO2 Hechanova marked the plastic sachets. The inventory and
photographing of the seized items were made in the presence of Punong
Barangay Demapanag and Kagawad Gomez. 11
Albarico (PO2 Albarico) received the specimen, 13 after which he gave it tr,
Chief Inspector Puentespina who examined the seized items, which testt ~
positive for shabu. 14
In its November 27, 2013 Decision, 19 the Regional Trial Court founr,
Sultan guilty beyond reasonable doubt of violating Section 5, for the illegt 1
sale of dangerous drugs, and Section 11, for the illegal possession o ;·
dangerous drugs, under Article II of the Comprehensive Dangerous Drug.<
Act.20
The Regional Trial Court ruled that the prosecution established all the
elements of the crimes and satisfactorily proved the identity of the dangerous
drugs. It found PO2 Hechanova's "candid and straightforward testimony" 21
deservi. t~; of foll faith and credit, finding no ill motive on his pmi. 22 The
dispositive portion of the Decision read:
14
15
Id. at 80 and 99.
Rollo. p. 7.
Id. at 7-8 and CA rol/o, p. 92.
I
16
CA rollo, p. 76.
17
Rollo, p. 8.
18
CA rollo, p. 76.
19
Id. at 88-102.
20
Id. at I02.
21
Id. at 94.
22
Id. at 94-98.
Decision 5 G.R. No. 225210
(c) The dangerous drug subject matter of these cases (Exhibits "C"
to "F") are hereby confiscated in favor of the government pursuant to
Section 20, RA. No. 9165 and ordered to be turned-over to the Philippine
Drug Enforcement Agency (PDEA), Regional Office Six (6) for
destruction;
Thus, Sultan filed his Notice of Appeal. 28 Giving due course to his
appeal per its April 22, 2016 Resolution, 29 the Court of Appeals elevated30 J
23
Id.atl02.
24
Rollo, pp. 5-13.
25 Id. at 11.
26 Id.
27
Id. at 12.
2s Id. at 14-16.
29
Id. at 17.
Decision 6 G.R. No. 22521 J
· ;_: its August 10, 2016 Resolution, 31 this Court noted the case record~
and informed the parties that they may file their supplemental briefs.
On the other hand, the Office of the Solicitor General maintains in its
7
Brief' that the prosecution duly established all the elements of the crimes of
illegal sale and illegal possession of dangerous drugs. It further avers that
the chain of custody was properly established. 38
I<-,: this Court's resolution is the lone issue of whether or not accused-
appellant Larry Sultan y Almada is guilty beyond reasonable doubt of
violating Article II, Sections 5 and 11 of the Comprehensive Dangerous
Drugs Act.
30
31
Id. at I.
Id.at20-21.
I
32
Id. at 63-69.
33
Id. at 22-26.
34
CA ro!lo, pp. 69~87.
35
Id. at 77-79.
36
l,i, at 80-82.
37
,l.atll5-139.
38
Id. at : 71-136.
Decision 7 G.R. No. 225210
In both cases, the corpus delicti is the illicit drug seized from the
accused. 41 In People v. Sagana: 42
[T]he prosecution cannot simply rely on the saving clause provided for
under the Implementing Rules and Regulations of Republic Act No. 9165.
While non-conformity with the strict directive of Section 21 is not
essentially prejudicial to its claim, the lapses committed by the police
officers "must be recognized and explained in terms of their justifiable
grounds and the integrity and evidentiary value of the evidence seized
must be shown to have been preserved." 52 (Emphasis in the original,
citation omitted)
9
49
People v. Que, G.R. No. 212994, January 31, 2018, 853 SCRA 487, 489-490 [Per J. Leonen, Thirr
Division].
50
People v. Holr;ado, 741 Phil. 78, 98(2014) [Per J. Leonen, Third Division].
51
815 Phil. 356 (2017) [Per J. Leonen, Second Division].
52
Id. at 376.
51
G.R. No. 231989, September 4, 2018,
<http://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/64400> [Per J. Peralta, En Banc].
Decision 11 G.R. No. 225210
Here, the prosecution has never bothered to prove, let alone plead, any
situation akin to those contemplated in Lim to excuse the police enforcers'
deviation from the law's simple requirements. This casts doubt on the
integrity of the items supposedly seized and, ultimately, on the commission
of the crimes.
II
54 Id.
f
55
People v. Sagana, 815 Phil. 356, 368 (2017) citing People v. Ismael, 806 Phil. 21 (2017) [Per J. Del
Castillo, First Division].
56
Id. at 368-369.
57
576 Phil. 576 (2008) [Per J. Tinga, Second Division].
Decision 12 G.R. No. 225211,
of the item and no opportunity for someone not in the chain to have
possession of the same. 58 (Emphasis supplied, citation omitted)
Here, the prosecution established that from the place of seizure to tL "'
barangay hall, P02 Hechanova had sole custody of the supposedly
confiscated items. But this alone cannot be taken as a guarantee of th ,
items' integrity. On the contrary, an officer's act of personally and bodil)
keeping allegedly seized items, without any clear indication of safeguard(
other than his or her mere possession, has been viewed as prejudicial to tht
integrity of the items.
Keeping one of the seized items in his right pocket and the rest in
his left pocket is a doubtful and suspicious way of ensuring the integrity of
the items. Contrary to the Court of Appeals' finding that POI Bobon took
the necessary precautions, we find his actions reckless, if not dubious.
58
POI Bobon's pockets. That the Regional Trial Court and the Court of
ld.at587.
f
59
'139 Phil. 134 (2010) [Perl Mendoza, Second Division].
60
· . at 144-145 citing People v. Kamad, 624 Phil. 289 (2010) [Per J. Brion, Second Division].
61
744 Phi' 816 (2014) [Perl. Leonen, Second Division].
Decision 13 G.R. No. 225210
Appeals both failed to see through this and fell - hook, line, and sinker
- for POI Bobon's avowals is mind-boggling.
In Dela Cruz, this Court did not approve of the incautious keeping of
allegedly seized narcotics even as the prosecution averred separating them in
different pockets as a supposed measure to preserve integrity. With greater
reason should this Court, in this case, reject P02 Hechanova's claim. The
bare assertion that P02 Hechanova had possession of the items, without so
much as a simulation of safekeeping measures such as the segregation in
Dela Cruz, is a blatant gap in the chain of custody. The dearth of specific
and detailed descriptions of how the allegedly seized items had been
preserved while in transit amounts to a broken, unreliable chain of custody.
This is fatal to the prosecution's case.
62
Id. at 834-835.
63
People v. Sagana, 815 Phil. 356 (2017) [Per J. Leonen, Second Division].
64
Id. at 376.
Decision 14 G.R. No. 225210
omitted)
Without P02 Albarico's testimony, this Court finds a fatal gap in th.•.1-
juncture involving P02 Hechanova, the designated poseur-buyer, and Chie ~
Inspector Puentespina, the forensic chemical officer. This-together wit·
the absence of the required third-party witnesses, the police officers' lack of
a sense of immediacy to mark, inventory, and photograph the items at the
place of the arrest, and the unsound manner of transporting whatever items
were supposedly seized from accused-appellant-reveals a seriously
co· •1promised chain of custody. These put in serious suspicion the identity
of the objects of the offenses attributed to accused-appellant, leavini:;
reasom.',•e doubt on his guilt. His constitutional right to be presumed
innocent67 prevails:
The Regional Trial Court is directed to turn over the seized sachets of
methamphetamine hydrochloride to the Dangerous Drugs Board for
destruction in accordance with law.
SO ORDERED.
/'
Associate Justice
WE cc1-"cUR:
.PERALTA
Chairperson
HENRI . INTING
ATTESTATION
I '1ttest that the conclusions in the above Decision had been reached in
consultai.ion before the case was assigned to the writer of the opinion of the
Court's Division.
,..._
Decision 17 G.R. No. 225210
CERTIFICATION