G.R. No. 203984 June 18, 2014
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. MEDARIO CALANTIAO y DIMALANTA, Accused-Appellant.
“x x x.
Inventory and Chain of
Custody of Evidence
Calantiao claims that even if the search and seizure were validly effected, the marijuana is still inadmissible as evidence against him for failure of the apprehending officers to comply with the rules on chain of custody, as the item was marked at the police station.18
The pertinent provisions of Republic Act No. 9165 provide as follows:
Section 21. Custody and Disposition of Confiscated, Seized, and/or Surrendered Dangerous Drugs, Plant Sources of Dangerous Drugs, Controlled Precursors and Essential Chemicals, Instruments/Paraphernalia and/or Laboratory Equipment. – The PDEA shall take charge and have custody of all dangerous drugs, plant sources of dangerous drugs, controlled precursors and essential chemicals, as well as instruments/paraphernalia and/or laboratory equipment so confiscated, seized and/or surrendered, for proper disposition in the following manner:
(1) 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 Department of Justice (DOJ), and any elected public official who shall be required to sign the copies of the inventory and be given a copy thereof[.]
Its Implementing Rules and Regulations state:
SECTION 21. Custody and Disposition of Confiscated, Seized and/or Surrendered Dangerous Drugs, Plant Sources of Dangerous Drugs, Controlled Precursors and Essential Chemicals, Instruments/Paraphernalia and/or Laboratory Equipment. — The PDEA shall take charge and have custody of all dangerous drugs, plant sources of dangerous drugs, controlled precursors and essential chemicals, as well as instruments/paraphernalia and/or laboratory equipment so confiscated, seized and/or surrendered, for proper disposition in the following manner:
(a) The apprehending officer/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 Department of Justice (DOJ), and any elected public official who shall be required to sign the copies of the inventory and be given a copy thereof; Provided, that the physical inventory and photograph shall be conducted at the place where the search warrant is served; or at the nearest police station or at the nearest office of the apprehending officer/team, whichever is practicable, in case of warrantless seizures; Provided, further, that non-compliance with these requirements under justifiable grounds, as long as the integrity and the evidentiary value of the seized items are properly preserved by the apprehending officer/team, shall not render void and invalid such seizures of and custody over said items[.] (Emphasis supplied.)
This Court has held that the failure to strictly comply with Section 21, Article II of Republic Act No. 9165, such as immediately marking seized drugs, will not automatically impair the integrity of chain of custody because what is of utmost importance is the preservation of the integrity and the evidentiary value of the seized items, as these would be utilized in the determination of the guilt or innocence of the accused.19
Section 21 and its IRR do not even mention "marking." What they require are (1) physical inventory, and (2) taking of photographs. As this Court held in People v. Ocfemia20:
What Section 21 of R.A. No. 9165 and its implementing rule do not expressly specify is the matter of "marking" of the seized items in warrantless seizures to ensure that the evidence seized upon apprehension is the same evidence subjected to inventory and photography when these activities are undertaken at the police station rather than at the place of arrest. Consistency with the "chain of custody" rule requires that the "marking" of the seized items – to truly ensure that they are the same items that enter the chain and are eventually the ones offered in evidence – should be done (1) in the presence of the apprehended violator (2) immediately upon confiscation.
The prosecution was able to establish the chain of custody of the seized marijuana from the time the police officers confiscated it, to the time it was turned over to the investigating officer, up to the time it was brought to the forensic chemist for laboratory examination.21 This Court has no reason to overrule the RTC and the Court of Appeals, which both found the chain of custody of the seized drugs to have not been broken so as to render the marijuana seized from Calantiao inadmissible in evidence.
Furthermore, unless it can be shown that there was bad faith, ill will, or tampering of the evidence, the presumption that the integrity of the evidence has been preserved will remain. The burden of showing the foregoing to overcome the presumption that the police officers handled the seized drugs with regularity, and that they properly discharged their duties is on Calantiao. Unfortunately, Calantiao failed to discharge such burden.22
It is worthy to note that these arguments were only raised by Calantiao on his appeal. He himself admits this.23 His theory, from the very beginning, was that he did not do it, and that he was being framed for having offended the police officers. Simply put, his defense tactic was one of denial and frame-up. However, those defenses have always been frowned upon by the Court, to wit:
The defenses of denial and frame-up have been invariably viewed by this Court with disfavor for it can easily be concocted and is a common and standard defense ploy in prosecutions for violation of Dangerous Drugs Act. In order to prosper, the defenses of denial and frame-up must be proved with strong and convincing evidence. In the cases before us, appellant failed to present sufficient evidence in support of his claims. Aside from his self-serving assertions, no plausible proof was presented to bolster his allegations.24
Hence, as Calantiao failed to show clear and convincing evidence that the apprehending officers were stirred by illicit motive or failed to properly perform their duties, their testimonies deserve full faith and credit.25
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