People v. Abelarde

PEOPLE OF THE PHILIPPINES vs. BOBBY S.
ABELARDE
G.R. No. 215713, January 22, 2018.
“Law enforcers should not trifle with the legal requirement [set forth
in Section 21 of Republic Act (RA) No. 9165] to ensure integrity in the chain
of custody of seized dangerous drugs and drug paraphernalia. This is
especially true when only a minuscule amount of dangerous drugs is alleged
to have been taken from the accused.”1
FACTS:
SPO1 Selebio, a member of the so-called “Miscellaneous Team” of
the Cebu City PNP which arrested Bobby testified that he received a call
from a concerned citizen that a certain person was engaged in the trading of
illegal drugs, somewhere in Garfield, interior portion of Suba, Pasil Cebu
City; that upon receipt of the call, he and his fellow police officers held
“briefing” for the purpose of conducting a “buy-bust” operation. After they
reached the site, their civilian poseur-buyer approached and struck up a
conversation with the latter. From a distance, SPO1 Selibio saw their
poseur-buyer give to Bobby the pre-marked P100.00 in exchange for
something. At this point, the poseur-buyer signaled that the transaction had
been consummated, so he and the members of his team rushed toward
Bobby and arrested him. He and his teammates frisked Bobby and were able
to recover from him a packet of shabu. A further search of Bobby’s body
yielded yet another six packets of shabu. The packets of shabu were then
marked and later sent to PNP Crime Laboratory for examination. The
chemical analysis disclosed that the specimens were positive for the
presence of methamphetamine hydrochloride.
The Office of the City Prosecutor of Cebu City charged
accused-appellant Bobby S. Abelarde a.k.a Roberto S. Abelarde with
violation of Section 5, Article II of RA 9165. The next day, the Office of the
City Prosecutor filed another information against him, this time for violation
of Section 11, Article II of RA 9165.
1
People v. Holgado, 741 Phil. 78, 81 (2014).
1
The RTC held that the prosecution proved all the elements of the
crime of Sale under Sec. 5, Art. II, RA 9165. All the elements of possession
of dangerous drugs are likewise present. The appellate court rejected the
appeal but made a slight modification in the penalty.
ISSUE:
Whether or not the prosecution established the four critical linkages in
the chain of custody.
RULING:
No. The prosecution’s case failed to observe the mandatory directives
embodied in Section 21, paragraph 1, Article II of RA 9165 and Section 21
(a), Article II of RA 9165.
Almost on all fours to the present Petition is People v. Denoman,2
where the Court speaking through Justice Arturo D. Brion, said:
A successful prosecution for the sale of illegal drugs requires
more than the perfunctory presentation of evidence establishing
each element of the crime: the identities of the buyer and seller,
the transaction or sale of the illegal drug and the existence of
the corpus delicti. In securing or sustaining a conviction under
RA No. 9165, the intrinsic worth of these pieces of evidence,
especially the identity and integrity of the corpus delict, must
definitely be shown to have been preserved.
Section 21, paragraph 1, Article II of RA. 9165 and Section 21
(a), Article II of the Implementing Rules and Regulations (IRR)
o RA No. 9165 give us the procedures that the apprehending
team should observe in the handling of seized illegal drugs in
order to preserve their identity and integrity as evidence. As
indicated by their mandatory terms, strict compliance with the
prescribed procedure is essential and the prosecution must show
compliance in every case.
2
612 Phil. 1165 (2009).
2
Turning to the case under review: the Court found that the members of
the Miscellaneous Team miserably failed to establish the four critical
linkages in the chain of custody, because specifically, with reference to the
critical links in the chain of custody, the SC found in these two cases that —
(a) The first link started with the seizure of the seven packets of
shabu. Here. the very frugal and abbreviated testimony of SPO1 Selibio was
glaringly silent as regards the handling and disposition of the seven packets
of alleged shabu and their contents after the accused-appellant’s arrest.
Neither did SPO1 Selibio make any effort to identify the person who had
care or custody of these alleged seven packets of shabu from the time these
were allegedly confiscated from the accused-appellant to the time these were
delivered to the PNP Crime Laboratory.
(b) The second link, consisting of the turnover of the seized seven
packets of the shabu from the buy-bust team to the police investigator was
not supported by any evidence. In fact, SPO1 Selibio gave no testimony at
all in regard to the turnover of the allegedly seized seven packets of shabu
from the buy-bust team to the police investigator. And while there were
some markings on the allegedly seized seven packets of shabu, SPO1
Selibio did not identify the person who submitted the seven packets of
alleged shabu to the police investigator.
(c) The third link requires evidence respecting the custody of the
seized seven packets of shabu at the said PNP Crime Laboratory. Once
again, no testimony of any kind was given by SPO1 Selibio relative to the
custody of the seven packets of the alleged shabu at the PNP Crime
Laboratory. More to the point, SPO1 Selibio did not identify the person who
brought the seven packets of alleged shabu to the PNP Crime Laboratory;
nor did he testify that the was the resident forensic chemist who took
delivery or custody of the seven packets of shabu when those to the PNP
Crime Laboratory.
(d) The fourth link is connected to Sections 3 and 6, paragraph 8 of
the Dangerous Drug Board Regulation No. 2, Series of 2004, which make it
obligatory for laboratory personnel to document the chain of custody each
time a specimen is handled or transferred, until its disposal; the board
regulation also requires identification of the individuals in this part of the
chain. Here, no evidence of any kind has been adduced to attest to the fact
that this Board Regulation No. 2 has ever been complied with; neither was
3
there any evidence to indicate how the seven packets of shabu were handled
after the laboratory examination and the identity of the person who had
custody of these seven packets of shabu before their presentation in court.
Such lapses must cause serious lingering doubts upon the
prosecution’s claim that the packets of alleged shabu that were “offered” as
evidence in court were the packets of shabu that were seized from the
accused-appellant. As stressed in the Denoman case, the failure to establish
the existence of the corpus delicti must inevitably result in the acquittal of
the accused-appellant.

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PEOPLE OF THE PHILIPPINES vs. BOBBY S.

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