Fernandez v. People
REITERATIONFacts
The Antecedents: On October 30, 2015, police officers implemented a search warrant at the residence of petitioner Joe Anne Fernandez y Bueno, allegedly a drug den. Upon arrival, they observed petitioner handing a sachet of suspected shabu to an individual who escaped. Petitioner then ran into his house, where the police apprehended him and presented the search warrant. A search of the house yielded four (4) plastic sachets containing white crystalline substance in one room and assorted drug paraphernalia at the back. The marking, inventory, and photography of the seized items were conducted in the presence of petitioner and barangay officials. The seized items were turned over to PO2 Cacho, then to evidence custodian PO2 Aquino, and subsequently to forensic chemist PCI Santiago, who confirmed the contents to be methylamphetamine hydrochloride. The drug paraphernalia were not submitted for laboratory examination. Procedural History: The Regional Trial Court (RTC) found petitioner guilty beyond reasonable doubt of Illegal Possession of Dangerous Drugs, sentencing him to twelve (12) years and one (1) day to fourteen (14) years imprisonment and a P300,000.00 fine. He was acquitted of Illegal Possession of Drug Paraphernalia due to the non-presentation of the items and Illegal Use of Dangerous Drugs, as it is absorbed in Illegal Possession. The Court of Appeals (CA) affirmed the RTC ruling in toto. The Petition: Petitioner filed a petition for review on certiorari before the Supreme Court, assailing the CA decision.
Issue(s)
Whether the petitioner is guilty beyond reasonable doubt of Illegal Possession of Dangerous Drugs, considering the chain of custody. Whether the chain of custody of the seized dangerous drugs was sufficiently established, specifically addressing the non-compliance with the witness requirement under Section 21 of RA 9165, as amended by RA 10640.
Ruling
The petition is GRANTED. The Decision dated December 11, 2019 of the Court of Appeals in CA-G.R. CR. No. 42023 is REVERSED and SET ASIDE. Petitioner Joe Anne Fernandez y Bueno is ACQUITTED of the crime charged.
Ratio Decidendi
On the issue of guilt beyond reasonable doubt and the chain of custody: The Court found the petition meritorious and granted it, reversing the CA decision and acquitting the petitioner. The elements of Illegal Possession of Dangerous Drugs require the prosecution to establish an unbroken chain of custody over the seized drugs. On the issue of the chain of custody and witness requirements: Section 21 of RA 9165 mandates the conduct of a physical inventory and photography of seized items in the presence of the accused and specific witnesses. After the amendment by RA 10640, the required witnesses are an elected public official and a representative of the National Prosecution Service or the media. In this case, the marking, inventory, and photography were conducted only in the presence of barangay officials, and no representative from the National Prosecution Service or the media was invited. The arresting officers admitted the absence of these witnesses and failed to provide a satisfactory explanation. The excuse that the location was far-flung was deemed insufficient. Consequently, the integrity and evidentiary value of the seized items were deemed compromised, warranting the petitioner's acquittal.
Main Doctrine
The failure of the apprehending team to strictly comply with the chain of custody procedure, particularly the presence of required witnesses during marking and inventory, may be excused under the saving clause of Section 21(a) of the IRR of RA 9165, provided that the prosecution satisfactorily proves a justifiable ground for non-compliance and that the integrity and evidentiary value of the seized items are properly preserved. However, mere statements of unavailability of witnesses are unacceptable as justified grounds for non-compliance without proof of genuine and sufficient efforts to secure their presence.