People of the Philippines vs Mendoza
GR No. 186387 August 31, 2011
Facts: An information was received that a certain Juan Mendoza is selling illegal drugs, shabu specifically in the City of Baguio. A buy-bust operation to entrap the accused was set, Police officer Antolin was the buyer to meet the accused at the stairs of the Cresencia Barangay hall along Bokaw Kan Road at around 2:00 pm when the signal was given by Antolin upon the end of the transaction, the accused was searched and was take under custody where other sachets of shabu were seized from him. The said items were then tested positive of menthamphetamine hydrochloride. The same pieces of evidence were transmitted to the crime laboratory and was later on presented to the court.
Issue: Whether or not the items seized were admissible as evidence to convict the accused for violations of the Dangerous Drugs Act of 2002.
Held: Yes. In crimes involving sale of illegal drugs, two essential elements must be satisfied:
- Identities of the Buyer, the Seller, the object and the consideration; and
- The delivery of the thing sold and the payment for it.
In the prosecution for illegal possession of dangerous drugs, on the other hand, it must be shown that:
- The accused is in possession of an item or an object identified to be prohibited or a regulated drug;
- Such possession is not authorized by law;
- The accused freely and consciously possessed the said drug.
In this case, all these elements were satisfactorily proven by the prosecution beyond reasonable doubt through testimonial, documentary and object evidence presented during the trialm PO2 Antolin, the designated poseur-buyer, testified as the circumstances surrounding the apprehension of the accused, and the seizure and marking of the illegal drugs recovered from the accused. Then, SPO4 Sison corroborated PO2 Antolin’s testimony and confirmed that all the confiscated items recovered from the accused were turned over to him as team leader.
The compliance with the chain of custody rule was sufficiently established.
In the chain of custody in a buy-bust situation, the following links must be established: first, the seizure and marking, if practicable, of the illegal drug received from the accused by the apprehending officer; second, the turnover of the illegal drug seized by the apprehending officer to the investigating officer; third, the turnover by the investigating officer of the illegal drug to the forensic chemist for laboratory examination; and fourth, the turnover and submission of the marked illegal drug seized from the forensic chemist to the court.