CASE DIGEST
Quiap y Evangelista v.
People
G.R. No. 229183 (Resolution), [February 17,
2021]
SECOND, LOPEZ, M.V
Drug cases; Buy-bust
Operation; Validity of Search warrant; Chain of Custody
The presence of the insulating witnesses is the first requirement to ensure the preservation of the identity and evidentiary value of the seized drugs. RA 9165 Requires three (3) witnesses to be present during the physical inventory and taking of photographs of pieces of evidence seized from a suspect, namely representatives from the DOJ, media, and public elective official - necessary to protect against the possibility of planting, contamination, or loss of the seized drugs.
PO2 Garcia received information from a confidential asset about a person named "Kacho" planning to buy shabu in Sta. Cruz, Laguna. The authorities organized an entrapment operation and intercepted a passenger jeepney carrying Kacho and the asset. During the interception, Kacho attempted to discard a wrapped object, but PO2 Garcia prevented him. Upon inspection, the object contained a sachet of white crystalline substance. Kacho, later identified as petitioner Leonides Quiap, was taken to the police station where the sachet was marked and sent for laboratory examination. The examination confirmed it contained methamphetamine hydrochloride. Leonides challenges the legality of his warrantless arrest and the admissibility of the seized item, citing procedural lapses in handling the evidence.
Whether or not the chain of custody was
properly observed.
NO. The failure to adhere to required procedures has
resulted in a significant gap in the chain of custody. The absence of mandated
witnesses during the inventory and photographing of the seized item casts doubt
on the integrity of the chain of custody. There was no representation from the
media or the Department of Justice, and any elected public official.
Additionally, the connection between the investigating officer and the forensic
chemist was not definitively established, and precautions to prevent tampering
were not adequately described. SPO2 Macabajon received the specimen but did not
testify on its transfer to the forensic chemist. Due to these shortcomings,
Leonides must be acquitted due to the prosecution's failure to establish a
continuous chain of custody.
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