The Supreme Court has acquitted Katchan Irizumi y Borromeo, also known as Hapon, of charges of illegal sale and illegal possession of dangerous drugs, ruling that the prosecution failed to prove his guilt beyond reasonable doubt. The Court found gaps in the chain of custody of the seized drugs that cast doubt on their integrity and identity.
The Case
Irizumi was charged with violating Sections 5 (Illegal Sale of Dangerous Drugs) and 11 (Illegal Possession of Dangerous Drugs) of Republic Act No. 9165, as amended, in two separate Informations dated April 29, 2021.
In Criminal Case No. 21-28050, he was accused of selling one heat-sealed transparent plastic sachet containing Methamphetamine Hydrochloride, more commonly known as shabu, weighing 0.22 grams, on or about April 28, 2021 at around 12:05 in the early morning at Barangay 8, Poblacion, Batangas City. In Criminal Case No. 21-28051, he was accused of possessing 14 heat-sealed transparent plastic sachets containing Methamphetamine Hydrochloride with an aggregate weight of 56.23 grams.
Irizumi pleaded not guilty to both charges upon arraignment. A joint trial on the merits followed.
According to the prosecution, a civilian asset reported to PSSg Benjo Lumanglas that an alias Hapon was selling shabu. A buy-bust operation was organized, with PSSg Lumanglas designated as poseur buyer. The team coordinated with Barangay Captain Belen Iturralde, who refused to take part because she feared for her safety. The team also tried to call for other witnesses or a Department of Justice representative, but no one was available because of the pandemic.
PSSg Lumanglas handed two PHP 1,000.00 bills as buy-bust money to alias Hapon, who then handed over one sachet of suspected shabu. After the arrest, PSSg Lumanglas recovered a styrofoam box containing 14 more sachets. He marked the seized items, and a Certificate of Inventory was prepared and signed by Irizumi, media representative Benedicto Grifio, and Barangay Captain Iturralde.
The Issue
The question before the Court was whether the prosecution proved beyond reasonable doubt the guilt of Irizumi for the charges of illegal sale and illegal possession of dangerous drugs, given the alleged lapses in the handling of the seized items.
The Ruling
The Court granted the appeal and acquitted Irizumi. In its dispositive portion, the Court declared:
"ACCORDINGLY, the appeal is GRANTED for failure of the prosecution to prove the guilt of accused-appellant Katchan Irizumi y Borromeo @ Hapon beyond reasonable doubt for the charge of violating Sections 5 and 11 of Republic Act No. 9165, as amended. The Decision, dated May 24, 2023, of the Court of Appeals in CA-G.R. CR-HC No. 16201 is REVERSED. Katchan Irizumi y Borromeo @ 'Hapon' is ACQUITTED of the aforementioned charges and ordered RELEASED from confinement, unless he is being held for some other lawful cause."
The Court also directed that a copy of the decision be furnished to the Director General of the Bureau of Corrections for immediate implementation, and ordered entry of judgment to be issued immediately.
By the Numbers
- G.R. No. 270344
- Sachet sold: 0.22 grams of shabu
- 14 sachets possessed: aggregate weight of 56.23 grams
- Buy-bust money: two PHP 1,000.00 bills (serial numbers AJ525772 and TJ556600)
- Date of offense: on or about April 28, 2021, around 12:05 a.m.
- Informations dated: April 29, 2021
- Court of Appeals Decision reversed: dated May 24, 2023, CA-G.R. CR-HC No. 16201
The Court's Reasoning
The Court found that the failure to comply with the PNP Manual as regards the marking of the seized evidence created reasonable doubt that the items seized from Irizumi were the same items offered in evidence before the trial court.
The Court also noted that while the weight of the alleged dangerous drugs was indicated in the Informations, those weights were not reflected in the Request for Laboratory Examination, which the Court described as a crucial document in establishing the chain of custody of the corpus delicti. Citing People v. Otico, the Court held that the failure to indicate the weight of the seized shabu in the required documents casts doubt on the regularity of the buy-bust operation and on the preservation of the integrity of the confiscated drugs.
Further, the Court ruled that the prosecution failed to establish how the evidence custodian, PSSg Manalo, safeguarded the seized items while they were in his custody. The stipulated testimony was confined to his receipt of the items, their placement in the evidence room, and his execution of the Chain of Custody Form. Citing People v. Orcullo, the Court said this omission left a critical gap and constituted a further break in the chain of custody.
With these gaps, the Court concluded that doubt existed concerning the integrity and identity of the illegal drugs seized. The Court added that authorities should be careful not to let their zeal obfuscate their greater duty of adhering to the strictures of the law.
Source: Supreme Court Decision in G.R. No. 270344, penned by Associate Justice Maria Filomena D. Singh.
This report summarizes a public Supreme Court decision and is not legal advice.