The Supreme Court denied the Motion for Reconsideration filed by accused-appellant Juvylen Dumat-ol y Miraflor, affirming her conviction for illegal sale of dangerous drugs under Section 5 of Republic Act No. 9165, the Comprehensive Dangerous Drugs Act of 2002.
The Case
In an Information dated June 27, 2014, Dumat-ol was charged with illegal sale of dangerous drugs. The charge stated that on or about June 25, 2014 in Quezon City, the accused, without lawful authority, sold one knot-tied transparent plastic bag containing 100.5614 grams of white crystalline substance containing Methamphetamine hydrochloride, a dangerous drug. On arraignment, Dumat-ol pleaded not guilty. During pre-trial, the parties limited the issue to the identity of Dumat-ol as the seller and the jurisdiction of the trial court.
According to the prosecution, Agent Marc Junef Avenido of the Philippine Drug Enforcement Agency (PDEA) testified that around 10:00 a.m. on June 25, 2014, a confidential informant reported the illegal drug trade of one "Jovy" in Quezon City. Regional Director Atty. Jacquelyn de Guzman ordered a buy-bust operation. The informant said "Jovy" asked him to look for a buyer of 100 grams of shabu worth PHP 200,000.00.
Agent Avenido was designated poseur-buyer, with Agent Arcadio Saplan as back-up. Avenido took two authentic PHP 1,000.00 bills, marked them with his initials "MJPA," and placed them on top of the boodle money. The team met the seller at Gen. McArthur Highway Avenue corner Gen. Araneta Avenue, Cubao, Quezon City. After the woman handed over a red pouch containing a knot-tied transparent plastic bag with white crystalline substance and accepted the PHP 200,000.00 buy-bust money, Avenido gave the pre-arranged signal by scratching his head. Agent Saplan closed in and arrested the woman, later identified as Dumat-ol.
Avenido marked the seized items and, because Dumat-ol resisted arrest and a crowd gathered, the inventory was continued at the office for security reasons in the presence of media and barangay representatives. Laboratory examination of the confiscated item yielded positive results for Methamphetamine hydrochloride, per Chemistry Report No. PDEA-DD014-139.
The Issue
The Court examined whether the chain of custody over the seized dangerous drug was properly established to sustain Dumat-ol's conviction.
The Ruling
The Court denied the Motion for Reconsideration. Its dispositive portion reads: "ACCORDINGLY, the Motion for Reconsideration filed by accused-appellant Juvylen Dumat-ol y Miraflor is DENIED."
The Court held that the lower courts correctly imposed the penalty of life imprisonment and a fine of PHP 500,000.00 pursuant to Section 5 of Republic Act No. 9165.
By the Numbers
- G.R. No. 242887
- Date of offense: June 25, 2014
- Information dated June 27, 2014
- Quantity of shabu: 100.5614 grams
- Buy-bust money: PHP 200,000.00
- Two marked PHP 1,000.00 bills, marked "MJPA"
- Chemistry Report No. PDEA-DD014-139, dated June 26, 2014
- Specimen received: 1925H, 25 June 2014; examination completed: 0940H, 26 June 2014
- Agent Saplan observed from approximately 10 to 15 meters
- Penalty: life imprisonment and a fine of PHP 500,000.00
The Court's Reasoning
The Court explained that compliance with the chain of custody procedure is strictly enjoined and regarded not merely as a procedural technicality but as a matter of substantive law, crafted by Congress as a safety precaution to address potential police abuses. However, the Court recognized that due to varying field conditions, strict compliance may not always be possible, and failure to strictly comply would not ipso facto render the seizure and custody invalid.
On the second and third links, Agent Avenido was in possession of the seized drug from confiscation until he transferred custody to the laboratory services, personally delivering the request form and confiscated item, which were received by Forensic Chemist Barquilla on June 25, 2014 at 7:25 p.m.
On the fourth link, the parties dispensed with the presentation of Forensic Chemist Barquilla and stipulated on her testimony, including that she received the request and specimen, conducted a qualitative examination that gave positive results for Methamphetamine hydrochloride, issued Chemistry Report No. PDEA-DD014-139, and turned over the specimen to the evidence custodian.
The Court noted that while the chain of custody should ideally be perfect and unbroken, in reality it is almost always impossible to obtain an unbroken chain. It added that the chain of custody rule was instituted to prevent the possibility of tampering with or planting of evidence, a remote possibility with the volume involved in the case — 100.56 grams of shabu.
Source: Supreme Court Resolution in G.R. No. 242887, People of the Philippines v. Juvylen Dumat-ol y Miraflor, penned by Associate Justice Amy C. Lazaro-Javier.
This report summarizes a public Supreme Court decision and is not legal advice.