4/15/2020 G.R. No. 212994, January 31, 2018 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v.

JOSHUA QUE Y UTUANIS, Accused-Appell…

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January 2018 Decisions > G.R. No. 212994, January 31,
ChanRobles On-Line 2018 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee,
Bar Review v. JOSHUA QUE Y UTUANIS, Accused-Appellant.:

G.R. No. 212994, January 31, 2018 - PEOPLE OF THE

PHILIPPINES, Plaintiff-Appellee, v. JOSHUA QUE Y
UTUANIS, Accused-Appellant.

THIRD DIVISION

G.R. No. 212994, January 31, 2018

PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v.

JOSHUA QUE Y UTUANIS, Accused-Appellant.

January-2018 DECISION
Jurisprudence

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4/15/2020 G.R. No. 212994, January 31, 2018 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. JOSHUA QUE Y UTUANIS, Accused-Appell…

LEONEN, J.:

The chain of custody requirements in the Comprehensive

G.R. No. 190817,
Dangerous Drugs Act are cast in precise, mandatory
January 10, 2018 -
language. They are not stringent for stringency's own
REPUBLIC OF THE
sake. Rather, they are calibrated to preserve the even
PHILIPPINES,
greater interest of due process and the constitutional
Petitioner, v. ROVENCY
rights of those who stand to suffer from the State's
REALTY AND
legitimate use of force, and therefore, stand to be
DEVELOPMENT
deprived of liberty, property, and, should capital
CORPORATION,
punishment be imposed, life. This calibration balances
Respondent.
the need for effective prosecution of those involved in
illegal drugs and the preservation of the most basic
G.R. Nos. 230429-
liberties that typify our democratic order.
30, January 24, 2018
- LARA'S GIFT AND This resolves an appeal from the August 12, 2013
DECORS, INC., Decision1 of the Court of Appeals in CA-GR. CR-HC No.
Petitioner, v. PNB
00681-MIN, convicting Joshua Que y Utuanis (Que) for
GENERAL INSURERS
violation of Sections 52 and 113 of Republic Act No.
CO., INC. AND UCPB
9165, otherwise known as the Comprehensive
GENERAL INSURANCE
Dangerous Drugs Act of 2002, for illegal sale and
CO., INC.,
possession of dangerous drugs.
Respondents.
In two (2) separate Informations, both dated July 27,
G.R. No. 195614, 2003, accused appellant Que was charged with violating
January 10, 2018 - Sections 5 and 11 of the Comprehensive Dangerous
DIGITAL Drugs Act, as follows:
TELECOMMUNICATIONS
Criminal Case No. 4943 (19810)
PHILS., INC./JOHN
GOKONGWEI, JR., That on or about July 26, 2003, in the City of
Petitioner, v. NEILSON Zamboanga, Philippines, and within the
M. AYAPANA, jurisdiction of this Honorable Court, the
Respondent. above named accused not being authorized
by law to sell, deliver, give away to another,
A.M. No. P-09- transport or distribute any dangerous drug,
2633, January 30, did then and there, willfully, unlawfully and
2018 - OFFICE OF THE feloniously SELL and DELIVER to PO3 SAMMY
COURT ROMINA LIM, a member of the PNP, who
ADMINISTRATOR, acted ... as poseur buyer, one (1) small size
Complainant, v. heat-sealed transparent plastic pack
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4/15/2020 G.R. No. 212994, January 31, 2018 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. JOSHUA QUE Y UTUANIS, Accused-Appell…

ROLANDO C. TOMAS containing 0.0157 gram of white crystalline

AND ANGELINA C. substance which when subjected to
RILLORTA, FORMER qualitative examination gave positive result
OFFICERS-IN- to the tests for the presence of
CHARGE, REGIONAL METHAMPHETAMINE HYDROCHLORIDE
TRIAL COURT, (shabu), knowing the same to be a
SANTIAGO CITY, dangerous drug.
ISABELA,
Respondent.; A.M. No. CONTRARY TO LAW.4

RTJ-12-2338, January
Criminal Case No. 4944 (19811)
30, 2018 - ANGELINA
C. RILLORTA, That on or about July 26, 2003, in the City of

Complainant, v. Zamboanga, Philippines, and within the

JUDGE FE A. MADRID, jurisdiction of this Honorable Court, the

REGIONAL TRIAL above named accused not being authorized

COURT, BRANCH 21, by law, did then and there willfully, unlawfully

SANTIAGO CITY, and feloniously have in his possession and

ISABELA, Respondent. under his custody and control, one (1) small
size heat-sealed transparent plastic pack

G.R. No. 218427, containing 0.0783 gram of white crystalline

January 31, 2018 - substance which when subjected to

PEOPLE OF THE qualitative examination gave positive result

PHILIPPINES, Plaintiff- to the tests for the presence of

Appellee, v. EMILIANO METHAMPHETAMINE HYDROCHLORIDE

DE CHAVEZ, Accused- (shabu), knowing the same to be a

Appellant. dangerous drug.

CONTRARY TO LAW.5
G.R. No. 225176,
January 19, 2018 - On July 30, 2003, Que filed a Motion to Quash
ESMERALDO Information and Warrant of Arrest and Admission to Bail.
GATCHALIAN, DULY He pleaded not guilty to both charges when he was
REPRESENTED BY arraigned on June 7, 2004.6
SAMUEL GATCHALIAN,
Petitioner, v. CESAR During the hearings for the bail petition, the prosecution

FLORES, JOSE LUIS presented three (3) witnesses: the poseur-buyer, PO3

ARANETA, CORAZON Sammy Romina Lim (PO3 Lim); the arresting officer,

QUING, AND CYNTHIA SPO1 Samuel Tan Jacinto (SPO1 Jacinto); and forensic

FLORES, Respondents. chemist Police Chief Inspector Mercedes D. Diestro (P/C

Insp. Diestro).7
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4/15/2020 G.R. No. 212994, January 31, 2018 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. JOSHUA QUE Y UTUANIS, Accused-Appell…

G.R. No. 218245, PO3 Lim of the Philippine National Police Zamboanga City
January 17, 2018 - Mobile Group recounted that in the morning of July 26,
PEOPLE OF THE 2003, an informant reported that a person identified as
PHILIPPINES, Plaintiff- "Joshua," later identified as Que, was selling shabu.
Appellee, v. JESUS Acting on this report, P/C Insp. Nickson Babul Muksan
EMPUESTO Y (P/C Insp. Muksan) organized a buy-bust operation with
SOCATRE, Accused- PO3 Lim as poseur-buyer. PO3 Lim and the informant
Appellant. then left for the area of Fort Pilar. There, the informant
introduced PO3 Lim to Que. PO3 Lim then told Que that
G.R. No. 223142, he intended to purchase P100.00 worth of shabu. Que
January 17, 2018 - then handed him shabu inside a plastic cellophane. In
PEOPLE OF THE turn, PO3 Lim handed Que the marked P100.00 bill and
PHILIPPINES, Plaintiff- gave the pre-arranged signal to have Que arrested.8
Appellee, v. ROLANDO
SANTOS Y After the arrest, the marked bill and another sachet of

ZARAGOZA, Accused- shabu were recovered from Que. Que was then brought
to the police station where the sachets of shabu and the
Appellant.
marked bill were turned over to the investigator, SPO4

G.R. No. 196598, Eulogio Tubo (SPO4 Tubo),9 who then marked these

January 17, 2018 - items with his initials. He also prepared the letter

EDITHA B. ALBOR, request for laboratory examination of the sachets'

Petitioner, v. COURT contents.10 Arresting officer SPO1 Jacinto also testified

OF APPEALS, NERVA to the same circumstances recounted by PO3 Lim.11
MACASIL JOINED BY
HER HUSBAND RUDY P/C Insp. Diestro recounted their office's receipt of a

MACASIL AND NORMA request for laboratory examination of the contents of two

BELUSO, JOINED BY (2) plastic sachets. She noted that these contents tested

HER HUSBAND NOLI positive for shabu.12

BELUSO,
On January 24, 2007, the Regional Trial Court denied
Respondents.
Que's plea for bail. Trial on the merits followed. In lieu of
presenting evidence, the prosecution manifested that it
G.R. No. 217026,
was adopting the testimonies of the witnesses presented
January 22, 2018 -
in the hearings for bail.13
PEOPLE OF THE
PHILIPPINES, Plaintiff- Que was the sole witness for the defense. He recalled
Appellee, v. that in the morning of July 26, 2003, he went to Fort
LAWRENCE GAJO Y Pilar Shrine to light candles and to pray. He then left on
BUENAFE AND RICO board a tricycle. Mid-transit, six (6) persons blocked the
tricycle and told him to disembark. After getting off the
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4/15/2020 G.R. No. 212994, January 31, 2018 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. JOSHUA QUE Y UTUANIS, Accused-Appell…

GAJO Y BUENAFE, tricycle, he was brought to a house some five (5) meters
Accused-Appellants. away. Two (2) men, later identified as PO3 Lim and SPO1
Jacinto, searched his pockets but found nothing. About
G.R. No. 199527, 30 minutes later, another man arrived and handed
January 10, 2018 - something to SPO1 Jacinto. Que was then brought to the
PEOPLE OF THE police station and turned over to SPO4 Tubo and was
PHILIPPINES, THRU subsequently detained at the Zamboanga City Police
PRIVATE Station. 14
COMPLAINANT BRIAN
VICTOR BRITCHFORD, In its July 17, 2008 Judgment,15 Branch 12, Regional
Petitioner, v. Trial Court, Zamboanga City found Que guilty as charged
SALVADOR ALAPAN, and rendered judgment as follows:
Respondent.
WHEREFORE, in view of the foregoing, in
Criminal Case No. 4943 (19810), this Court
G.R. No. 233395,
hereby finds the accused, JOSHUA QUE y
January 17, 2018 -
UTUANIS guilty beyond reasonable doubt for
NORLINA G. SIBAYAN,
violation of Section 5, Article II of Republic
Petitioner, v.
Act No. 9165 or the Comprehensive
ELIZABETH O. ALDA,
Dangerous Drugs Act of 2002 and he is
THROUGH HER
hereby sentenced to suffer the penalty of
ATTORNEY-IN-FACT,
LIFE IMPRISONMENT and to pay the fine of
RUBY O. ALDA,
P1,000[,]000.00.
Respondent.
In Criminal Case No. 4944 (19811), this
G.R. No. 219435, Court likewise finds the accused JOSHUA QUE
January 17, 2018 - y UTUANIS guilty beyond reasonable doubt
ALLIED BANKING for violation of Section 11, Article II of
CORPORATION, NOW Republic Act No. 9165 or the Comprehensive
MERGED WITH Dangerous Drugs Act of 2002 and he is
PHILIPPINE NATIONAL hereby sentenced to suffer the indeterminate
BANK, Petitioner, v. penalty of TWELVE (12) YEARS and ONE (1)
REYNOLD DAY to FIFTEEN (15) YEARS of imprisonment
CALUMPANG, and to pay a fine of P300,000.00 and, to pay
Respondent. the cost of this suit.

The dangerous drugs seized and recovered

A.M. No. P-17-3645
from the accused in these cases are hereby
(formerly OCA IPI No.
ordered confiscated and forfeited in favor of
15-4415-P), January
the government and are hereby ordered
30, 2018 - MARITA B.
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4/15/2020 G.R. No. 212994, January 31, 2018 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. JOSHUA QUE Y UTUANIS, Accused-Appell…

BALLOGUING, disposed with in accordance with the

PRESIDING JUDGE, pertinent provisions of Republic Act No. 9165
REGIONAL TRIAL and it[s] implementing rules and
COURT, BRAPCH 20, regulation.16
VIGAN CITY, ILOCOS
In its assailed August 12, 2013 Decision, the Court of
SUR, Complainant, v.
Appeals affirmed the Regional Trial Court's ruling in
CRESENTE B. DAGAN,
UTILITY WORKER I, toto.17 Thereafter, Que filed his Notice of Appeal. 18
REGIONAL TRIAL
In its August 6, 2014 Resolution,19 this Court noted the
COURT, BRANCH 20,
records forwarded by the Court of Appeals and informed
VIGAN CITY, ILOCOS
the parties that they may file their supplemental briefs.
SUR, Respondent.

On October 3, 2014, the Office of the Solicitor General

A.C. No. 11111,
filed a Manifestation,20 on behalf of the People of the
January 10, 2018 - IN
Philippines, noting that it would no longer file a
RE: G.R. NO. 157659
supplemental brief.
"ELIGIO P. MALLARI V.
GOVERNMENT On October 10, 2014, Que filed his Supplemental Brief.21
SERVICE INSURANCE
For this Court's resolution is the issue of whether or not
SYSTEM AND THE
accused appellant Joshua Que's guilt for violating
PROVINCIAL SHERIFF
Sections 5 and 11 of the Comprehensive Dangerous
OF PAMPANGA."
Drugs Act of 2002 was proven beyond reasonable doubt.

A.C. No. 10689 I

[Formerly CBD Case
No. 11-3171], January Conviction in criminal actions requires proof beyond
reasonable doubt. Rule 133, Section 2 of the Revised
08, 2018 - ROMEO A.
ALMARIO, Rules on Evidence spells out this requisite quantum of
proof:
Complainant, v. ATTY.
DOMINICA LLERA- Section 2. Proof beyond reasonable doubt. —
AGNO, Respondent.
In a criminal case, the accused is entitled to
an acquittal, unless his guilt is shown beyond
G.R. No. 190286,
reasonable doubt. Proof beyond reasonable
January 11, 2018 -
doubt does not mean such a degree of proof
RAMON E. REYES AND
as, excluding possibility of error, produces
CLARA R. PASTOR,
absolute certainty. Moral certainty only is
Petitioners, v.
required, or that degree of proof which
BANCOM

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4/15/2020 G.R. No. 212994, January 31, 2018 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. JOSHUA QUE Y UTUANIS, Accused-Appell…

DEVELOPMENT CORP., produces conviction in an unprejudiced

Respondent. mind.22

Proof beyond reasonable doubt is ultimately a matter of

G.R. No. 190289,
conscience. Though it does not demand absolutely
January 17, 2018 -
impervious certainty, it still charges the prosecution with
THE CITY OF
the immense responsibility of establishing moral
BACOLOD, HON.
certainty. Much as it ensues from benevolence, it is not
MAYOR EVELIO R.
merely engendered by abstruse ethics or esoteric values;
LEONARDIA, ATTY.
it arises from a constitutional imperative:
ALLAN L. ZAMORA
AND ARCH. LEMUEL
This rule places upon the prosecution the
D. REYNALDO, IN
task of establishing the guilt of an accused,
THEIR PERSONAL
relying on the strength of its own evidence,
CAPACITIES AND IN
and not banking on the weakness of the
THEIR CAPACITIES AS
defense of an accused. Requiring proof
OFFICIALS OF THE beyond reasonable doubt finds basis not only
CITY OF BACOLOD,
in the due process clause of the Constitution,
Petitioners, v. but similarly, in the right of an accused to be
PHUTURE VISIONS
"presumed innocent until the contrary is
CO., INC.,
proved." "Undoubtedly, it is the constitutional
Respondent.
presumption of innocence that lays such
burden upon the prosecution." Should the
G.R. No. 218208,
prosecution fail to discharge its burden, it
January 24, 2018 -
follows, as a matter of course, that an
PEOPLE OF THE
accused must be acquitted. As explained in
PHILIPPINES, Plaintiff-
Basilio v. People of the Philippines:
Appellee, v. BRIAN
VILLAHERMOSO, We ruled in People v. Ganguso:

Accused-Appellant.
An accused has in his
favor the presumption
G.R. Nos. 225642-
of innocence which the
43, January 17, 2018
Bill of Rights
- PEOPLE OF THE
guarantees. Unless his
PHILIPPINES, Plaintiff-
guilt is shown beyond
Appellee, v. JUVY D.
reasonable doubt, he
AMARELA AND
must be acquitted.
JUNARD G. RACHO,
This reasonable doubt
Accused-Appellants.
standard is demanded

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4/15/2020 G.R. No. 212994, January 31, 2018 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. JOSHUA QUE Y UTUANIS, Accused-Appell…

G.R. No. 196890, by the due process

January 11, 2018 - clause of the
CAREER EXECUTIVE Constitution which
SERVICE BOARD, protects the accused
REPRESENTED BY from conviction except
CHAIRPERSON upon proof beyond
BERNARDO P. reasonable doubt of
ABESAMIS, every fact necessary to
EXECUTIVE DIRECTOR constitute the crime
MA. ANTHONETTE with which he is
VELASCO-ALLONES, charged. The burden of
AND DEPUTY proof is on the
EXECUTIVE DIRECTOR prosecution, and
ARTURO M. LACHICA, unless it discharges
Petitioners, v. CIVIL that burden the
SERVICE accused need not even
COMMISSION, offer evidence in his
REPRESENTED BY behalf, and he would
CHAIRMAN be entitled to an
FRANCISCO T. DUQUE acquittal. Proof beyond
III AND BLESILDA V. reasonable doubt does
LODEVICO, not, of course, mean
Respondents. such degree of proof
as, excluding the
G.R. No. 212472, possibility of error,
January 11, 2018 - produce absolute
SPECIFIED certainty. Moral
CONTRACTORS & certainty only is
DEVELOPMENT, INC., required, or that
AND SPOUSES degree of proof which
ARCHITECT ENRIQUE produces conviction in
O. OLONAN AND an unprejudiced mind.
CECILIA R. OLONAN, The conscience must
Petitioners, v. JOSE A. be satisfied that the
POBOCAN, accused is responsible
Respondent. for the offense
charged.
A.M. No. RTJ-18-
2514 (Formerly A.M.
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4/15/2020 G.R. No. 212994, January 31, 2018 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. JOSHUA QUE Y UTUANIS, Accused-Appell…

No. 16-10-387-RTC), Well-entrenched in jurisprudence

January 30, 2018 - is the rule that the conviction of
OFFICE OF THE the accused must rest, not on the
COURT weakness of the defense, but on
ADMINISTRATOR, the strength of the prosecution.
Complainant, v. The burden is on the prosecution
JUDGE HECTOR B. to prove guilt beyond reasonable
SALISE, PRESIDING doubt, not on the accused to
JUDGE, BRANCH 7, prove his innocence.23
REGIONAL TRIAL
II
COURT, BAYUGAN
CITY, AGUSAN DEL The requisites that must be satisfied to sustain
SUR, Respondent.
convictions for illegal sale of dangerous drugs under
Section 5, and illegal possession of dangerous drugs
G.R. No. 212448,
under Section 11 of the Comprehensive Dangerous
January 11, 2018 -
Drugs Act are settled.
AAA, Petitioner, v.
BBB, Respondent. In actions involving the illegal sale of
dangerous drugs, the following elements

G.R. No. 218630, must first be established: (1) proof that the

January 11, 2018 - transaction or sale took place and (2) the

REPUBLIC OF THE presentation in court of the corpus delicti or

PHILIPPINES, the illicit drug as evidence.

Petitioner, v. KATRINA
On the other hand, in prosecutions for illegal
S. TOBORA-
possession of a dangerous drug, it must be
TIONGLICO,
shown that (1) the accused was in possession
Respondent.
of an item or an object identified to be a
prohibited or regulated drug, (2) such
A.C. No. 5473,
possession is not authorized by law, and (3)
January 23, 2018 -
the accused was freely and consciously aware
GENE M. DOMINGO,
of being in possession of the drug. Similarly,
Complainant, v. ATTY.
in this case, the evidence of the corpus delicti
ANASTACIO E.
must be established beyond reasonable
REVILLA, JR.,
doubt.24
Respondent.
On the element of corpus delicti, Section 21 of the
G.R. No. 227215, Comprehensive Dangerous Drugs Act, as amended by
January 10, 2018 - Republic Act No. 10640, spells out the requirements for
REPUBLIC OF THE the custody and disposition of confiscated, seized,
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4/15/2020 G.R. No. 212994, January 31, 2018 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. JOSHUA QUE Y UTUANIS, Accused-Appell…

PHILIPPINES, and/or surrendered drugs and/or drug paraphernalia.

REPRESENTED BY THE Section 21(1) to (3) stipulate the requirements
DEPARTMENT OF concerning custody prior to the filing of a criminal case:
PUBLIC WORKS AND
Section 21. Custody and Disposition of
HIGHWAYS (DPWH),
Confiscated, Seized, and/or Surrendered
Petitioner, v. LEONOR
Dangerous Drugs, Plant Sources of
MACABAGDAL,
Dangerous Drugs, Controlled Precursors and
REPRESENTED BY
Essential Chemicals,
EULOGIA
Instruments/Paraphernalia and/or Laboratory
MACABAGDAL
Equipment. — The PDEA shall take charge
PASCUAL (FORMERLY
and have custody of all dangerous drugs,
JOHN DOE "DDD"),
plant sources of dangerous drugs, controlled
Respondent.
precursors and essential chemicals, as well as
instruments/paraphernalia and/or laboratory
G.R. No. 201501,
equipment so confiscated, seized and/or
January 22, 2018 -
surrendered, for proper disposition in the
REPUBLIC OF THE
following manner:
PHILIPPINES,
REPRESENTED BY THE (1) The apprehending team
POLLUTION having initial custody and control
ADJUDICATION of the dangerous drugs, controlled
BOARD, Petitioner, v. precursors and essential
N. DELA MERCED & chemicals,
SONS, INC., instruments/paraphernalia and/or
Respondent.; G.R. No. laboratory equipment shall,
201658, January 22, immediately after seizure and
2018 - N. DELA confiscation, conduct a physical
MERCED & SONS, inventory of the seized items and
INC., Petitioner, v. photograph the same in the
REPUBLIC OF THE presence of the accused or the
PHILIPPINES, person/s from whom such items
REPRESENTED BY THE were confiscated and/or seized, or
POLLUTION his/her representative or counsel,
ADJUDICATION with an elected public official and
BOARD, Respondent. a representative of the National
Prosecution Service or the media
A.C. No. 10783, who shall be required to sign the
January 31, 2018 - copies of the inventory and be
ATTY. BENIGNO given a copy thereof: Provided,
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4/15/2020 G.R. No. 212994, January 31, 2018 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. JOSHUA QUE Y UTUANIS, Accused-Appell…

BARTOLOME, That the physical inventory and

Complainant, v. ATTY. photograph shall be conducted at
CHRISTOPHER A. the place where the search
BASILIO, Respondent. warrant is served; or at the
nearest police station or at the
G.R. No. 205307, nearest office of the apprehending
January 11, 2018 - officer/team, whichever is
PEOPLE OF THE practicable, in case of warrantless
PHILIPPINES, Plaintiff- seizures: Provided, finally, That
Appellee, v. EDUARDO noncompliance of these
GOLIDAN Y COTO- requirements under justifiable
ONG, FRANCIS grounds, as long as the integrity
NACIONALES Y and the evidentiary value of the
FERNANDEZ, AND seized items are properly
TEDDY OGSILA Y preserved by the apprehending
TAHIL, ACCUSED, officer/team, shall not render void
EDUARDO GOLIDAN Y and invalid such seizures and
COTO-ONG AND custody over said items.
FRANCIS
(2) Within twenty-four (24) hours
NACIONALES Y
upon confiscation/seizure of
FERNANDEZ, Accused-
dangerous drugs, plant sources of
Appellants.
dangerous drugs, controlled
precursors and essential
G.R. No. 189609,
chemicals, as well as
January 29, 2018 -
instruments/paraphernalia and/or
VICTORIA N.
laboratory equipment, the same
RACELIS, IN HER
shall be submitted to the PDEA
CAPACITY AS
Forensic Laboratory for a
ADMINISTRATOR,
qualitative and quantitative
Petitioner, v. SPOUSES
examination;
GERMIL JAVIER AND
REBECCA JAVIER, (3) A certification of the forensic
Respondents. laboratory examination results,
which shall be done by the
G.R. No. 224498, forensic laboratory examiner, shall
January 11, 2018 - be issued immediately upon the
PEOPLE OF THE receipt of the subject items:
PHILIPPINES, Plaintiff- Provided, That when the volume
Appellee, v. PFC of dangerous drugs, plant sources
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4/15/2020 G.R. No. 212994, January 31, 2018 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. JOSHUA QUE Y UTUANIS, Accused-Appell…

ENRIQUE REYES, of dangerous drugs, and

Accused-Appellant. controlled precursors and
essential chemicals does not allow
G.R. No. 228087, the completion of testing within
January 24, 2018 - H. the time frame, a partial
VILLARICA laboratory examination report
PAWNSHOP, INC., HL shall be provisionally issued
VILLARICA stating therein the quantities of
PAWNSHOP, INC., HRV dangerous drugs still to be
VILLARICA examined by the forensic
PAWNSHOP, INC. AND laboratory: Provided, however,
VILLARICA That a final certification shall be
PAWNSHOP, INC., issued immediately upon
Petitioners, v. SOCIAL completion of the said
SECURITY examination and certification[.]25
COMMISSION, SOCIAL (Emphasis supplied)
SECURITY SYSTEM,
AMADOR M. In People v. Nandi,26 the four (4) links in the chain of

MONTEIRO, custody are established:

SANTIAGO DIONISIO
Thus, the following links should be
R. AGDEPPA, MA. LUZ
established in the chain of custody of the
N. BARROS-MAGSINO,
confiscated item: first, the seizure and
MILAGROS N.
marking, if practicable, of the illegal drug
CASUGA AND
recovered from the accused by the
JOCELYN Q. GARCIA,
apprehending officer; second, the turnover of
Respondents.
the illegal drug seized by the apprehending
officer to the investigating officer; third, the
G.R. Nos. 206079-
turnover by the investigating officer of the
80, January 17, 2018
illegal drug to the forensic chemist for
- PHILIPPINE
laboratory examination; and fourth, the
AIRLINES, INC. (PAL),
turnover and submission of the marked illegal
Petitioner, v.
drug seized from the forensic chemist to the
COMMISSIONER OF
court.27
INTERNAL REVENUE,
Respondent.; G.R. No.
People v. Morales28 explained that "failure to comply
206309, January 17,
with Paragraph 1, Section 21, Article II of RA 9165
2018 -
implie[s] a concomitant failure on the part of the
COMMISSIONER OF
prosecution to establish the identity of the corpus
INTERNAL REVENUE,
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Petitioner, v. delicti."29 It "produce[s] doubts as to the origins of the

PHILIPPINE AIRLINES,
[seized paraphernalia]."30
INC. (PAL),
Respondent. Compliance with Section 21's chain of custody
requirements ensures the integrity of the seized items.
G.R. No. 192396, Non-compliance with them tarnishes the credibility of the

January 17, 2018 - corpus delicti around which prosecutions under the

STEPHEN A. ANTIG, Comprehensive Dangerous Drugs Act revolve.

AS REPRESENTATIVE Consequently, they also tarnish the very claim that an

OF AMS BANANA offense against the Comprehensive Dangerous Drugs Act

EXPORTER, INC. was committed. In People v. Belocura:31

[FORMERLY AMS
Worse, the Prosecution failed to establish the
FARMING
identity of the prohibited drug that
CORPORATION],
constituted the corpus delicti itself. The
BERNARDITA S.
omission naturally raises grave doubt about
LEMOSNERO, JEMARIE
any search being actually conducted and
J. TESTADO, THOMAS
warrants the suspicion that the prohibited
BERNARD C. ALLADIN,
drugs were planted evidence.
AND GERARDO
ARANGOSO, In every criminal prosecution for possession
Petitioners, v. of illegal drugs, the Prosecution must account
ANASTACIO for the custody of the incriminating evidence
ANTIPUESTO, IN HIS from the moment of seizure and confiscation
OWN CAPACITY AND until the moment it is offered in evidence.
AS REPRESENTATIVE That account goes to the weight of evidence.
OF AMS KAPALONG It is not enough that the evidence offered has
AGRARIAN REFORM probative value on the issues, for the
BENEFICIARIES evidence must also be sufficiently connected
MULTI-PURPOSE to and tied with the facts in issue. The
COOPERATIVE evidence is not relevant merely because it is
(AMSKARBEMCO) AND available but that it has an actual
ITS MEMBERS, connection with the transaction involved
Respondents. and with the parties thereto. This is the
reason why authentication and laying a
G.R. No. 225735, foundation for the introduction of evidence
January 10, 2018 -
are important.32 (Emphasis supplied,
PEOPLE OF THE
citations omitted)
PHILIPPINES, Plaintiff-
Appellee, v. BELEN
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MEJARES Y VALENCIA, Fidelity to the chain of custody requirements is

Accused-Appellant. necessary because, by nature, narcotics may easily be
mistaken for everyday objects. Chemical analysis and
A.C. No. 8208, detection through methods that exceed human sensory
January 10, 2018 - perception, such as specially trained canine units and
RET. JUDGE VIRGILIO screening devices, are often needed to ascertain the
ALPAJORA, presence of dangerous drugs. The physical similarity of
Complainant, v. ATTY. narcotics with everyday objects facilitates their
RONALDO ANTONIO V. adulteration and substitution. It also makes planting of
CALAYAN, evidence conducive.
Respondent.
In Mallillin v. People:33

G.R. No. 227698, Indeed, the likelihood of tampering, loss or

January 31, 2018 -
mistake with respect to an exhibit is greatest
PEOPLE OF THE
when the exhibit is small and is one that has
PHILIPPINES, Plaintiff-
physical characteristics fungible in nature and
Appellee, v.
similar in form to substances familiar to
HERNANDO BONGOS,
people in their daily lives. Graham vs. State
Accused-Appellants.
positively acknowledged this danger. In that
case where a substance later analyzed as
G.R. No. 219889,
heroin—was handled by two police officers
January 29, 2018 -
prior to examination who however did not
PEOPLE OF THE
testify in court on the condition and
PHILIPPINES, Plaintiff- whereabouts of the exhibit at the time it was
Appellee, v. EDWIN
in their possession—was excluded from the
DAGSA Y BANTAS @
prosecution evidence, the court pointing out
"WING WING,"
that the white powder seized could have been
Accused-Appellant.
indeed heroin or it could have been sugar or
baking powder. It ruled that unless the state
G.R. No. 210161,
can show by records or testimony, the
January 10, 2018 -
continuous whereabouts of the exhibit at
PEOPLE OF THE
least between the time it came into the
PHILIPPINES, Plaintiff-
possession of police officers until it was
Appellee, v.
tested in the laboratory to determine its
BIENVINIDO UDANG, composition, testimony of the state as to the
SR. Y SEVILLA,1
laboratory's findings is inadmissible.
Accused-Appellant.
A unique characteristic of narcotic substances
is that they are not readily identifiable as in

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G.R. No. 202612, fact they are subject to scientific analysis to

January 17, 2018 - determine their composition and nature. The
TEODORO C. Court cannot reluctantly close its eyes to the
TORTONA, RODRIGO likelihood, or at least the possibility, that at
C. TORTONA, PEDRO any of the links in the chain of custody over
C. TORTONA, the same there could have been tampering,
ERNESTO C. alteration or substitution of substances from
TORTONA, AND other cases—by accident or otherwise—in
PATRICIO C. which similar evidence was seized or in which
TORTONA, Petitioners, similar evidence was submitted for laboratory
v. JULIAN C. testing. Hence, in authenticating the same, a
GREGORIO, standard more stringent than that applied to
FLORENTINO cases involving objects which are readily
GREGORIO, JR., identifiable must be applied, a more exacting
ISAGANI C. standard that entails a chain of custody of the
GREGORIO, item with sufficient completeness if only to
CELEDONIA G. render it improbable that the original item
IGNACIO, TEODOCIA has either been exchanged with another or
G. CHAN, LEONILA G. been contaminated or tampered with.34
CAAMPUED, (Emphasis supplied, citations omitted)
CONCORDIA G.
MIJARES, ROMEO C. People v. Holgado,35 recognized

GREGORIO, EDNA S.
Compliance with the chain of custody
TAN, NELIA S. REYES,
requirement ... ensures the integrity of
CECILIA S.
confiscated, seized, and/or surrendered drugs
FRIEDMAN,
and/or drug paraphernalia in four (4)
LAMBERTO SUANTE,
respects: first, the nature of the substances
JULIUS SUANTE,
or items seized; second, the quantity (e.g.,
CORAZON YASAY-
weight) of the substances or items seized;
GREGORIO, DONALDO
third, the relation of the substances or items
Y. GREGORIO, ELMER
seized to the incident allegedly causing their
Y. GREGORIO, AND
seizure; and fourth, the relation of the
ROY JOHN Y.
substances or items seized to the person/s
GREGORIO,
alleged to have been in possession of or
Respondents.
peddling them. Compliance with this
requirement forecloses opportunities for
G.R. No. 209582,
planting, contaminating, or tampering of
January 19, 2018 -
evidence in any manner.36
TEEKAY SHIPPING
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PHILIPPINES, INC., When the identity of corpus delicti is jeopardized by non-

AND/OR TEEKAY compliance with Section 21, critical elements of the
SHIPPING LTD., offense of illegal sale and illegal possession of dangerous
AND/OR ALEX drugs remain wanting. It follows then, that this non-
VERCHEZ, Petitioners, compliance justifies an accused's acquittal.
v. ROBERTO M.
In People v. Lorenzo:37
RAMOGA, JR.,
Respondent.
In both illegal sale and illegal possession of
prohibited drugs, conviction cannot be
G.R. No. 201792,
sustained if there is a persistent doubt on the
January 24, 2018 -
identity of the drug. The identity of the
WILFREDO P. ASAYAS,
prohibited drug must be established with
Petitioner, v. SEA
moral certainty. Apart from showing that the
POWER SHIPPING
elements of possession or sale are present,
ENTERPRISES, INC.,
the fact that the substance illegally possessed
AND/OR AVIN
and sold in the first place is the same
INTERNATIONAL S.A.,
substance offered in court as exhibit must
AND/OR ANTONIETTE likewise be established with the same degree
GUERRERO,
of certitude as that needed to sustain a guilty
Respondents.
verdict.38 (Emphasis supplied)

G.R. No. 219581, III

January 31, 2018 -
As against the objective requirements imposed by
PEOPLE OF THE
statute, guarantees coming from the prosecution
PHILIPPINES, Plaintiff-
concerning the identity and integrity of seized items are
Appellee, v. MAXIMO
naturally designed to advance the prosecution's own
DELA PEÑA, Accused-
cause. These guarantees conveniently aim to knock two
Appellant.; ROMY
(2) targets with one (1) blow. First, they insist on a
REAL, DANNY REAL
showing of corpus delicti divorced from statutory
AND ONYONG REYES,
impositions and based on standards entirely the
Accused.
prosecution's own. Second, they justify non-compliance
by summarily pleading their own assurance. These self-
G.R. No. 219238,
serving assertions cannot justify a conviction.
January 31, 2018 -
PEOPLE OF THE Even the customary presumption of regularity in the
PHILIPPINES, Plaintiff- performance of official duties cannot suffice. People v.
Appellee, v. MOISES
Kamad39 explained that the presumption of regularity
DEJOLDE, JR. Y
applies only when officers have shown compliance with

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SALINO, Accused- "the standard conduct of official duty required by law."40

Appellant. It is not a justification for dispensing with such
compliance:
A.M. No. P-17-3772
Given the flagrant procedural lapses the
(Formerly OCA IPI No.
police committed in handling the seized
12-3999-P), January
shabu and the obvious evidentiary gaps in
10, 2018 - JOVITA B.
the chain of its custody, a presumption of
LAMSIS, Complainant,
regularity in the performance of duties cannot
v. JUDE F. SALES, SR.,
be made in this case. A presumption of
PROCESS SERVER,
regularity in the performance of official duty
REGIONAL TRIAL
is made in the context of an existing rule of
COURT, BRANCH 10,
LA TRINIDAD, law or statute authorizing the performance of
an act or duty or prescribing a procedure in
BENGUET,
the performance thereof The presumption
Respondent.
applies when nothing in the record suggests
that the law enforcers deviated from the
G.R. No. 229829,
standard conduct of official duty required by
January 22, 2018 -
law; where the official act is irregular on its
PEOPLE OF THE
face, the presumption cannot arise. In light of
PHILIPPINES, Plaintiff-
the flagrant lapses we noted, the lower courts
Appellee, v. ARNEL
were obviously wrong when they relied on
KALIPAYAN Y ANIANO,
the presumption of regularity in the
Accused-Appellant.
performance of official duty.

A.M. No. P-05-

We rule, too, that the discrepancy in the
1938, January 30,
prosecution evidence on the identity of the
2018 - THE OFFICE OF
seized and examined shabu and that formally
THE COURT offered in court cannot but lead to serious
ADMINISTRATOR,
doubts regarding the origins of the shabu
Complainant, v. MR.
presented in court. This discrepancy and the
CRISPIN C. EGIPTO,
gap in the chain of custody immediately
JR., CLERK OF COURT
affect proof of the corpus delicti without
IV, MUNICIPAL TRIAL
which the accused must be acquitted.
COURT IN CITIES,
PAGADIAN CITY, From the constitutional law point of view, the

Respondent. prosecution's failure to establish with moral

certainty all the elements of the crime and to

G.R. No. 226355, identify the accused as the perpetrator signify

January 24, 2018 - that it failed to overturn the constitutional

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REPUBLIC OF THE presumption of innocence that every accused

PHILIPPINES, enjoys in a criminal prosecution. When this
REPRESENTED BY THE happens, as in this case, the courts need not
DEPARTMENT OF even consider the case for the defense in
PUBLIC WORKS AND deciding the case; a ruling for acquittal must
HIGHWAYS (DPWH), forthwith issue.41 (Emphasis supplied,
Petitioner, v. HEIRS OF citation omitted)
CIRILO GOTENGCO,
Thus, jurisprudence has been definite on the
Respondents.
consequence of non compliance. This Court has
categorically stated that whatever presumption there is
G.R. No. 203298,
January 17, 2018 - concerning the regularity of the manner by which officers
gained and maintained, custody of the seized items is
INTERLINK MOVIE
HOUSES, INC. AND "negate[d]":42
EDMER Y. LIM,
In People v. Orteza, the Court did not
Petitioners, v.
hesitate to strike down the conviction of the
HONORABLE COURT
therein accused for failure of the police
OF APPEALS,
officers to observe the procedure laid down
STATIONERY
under the Comprehensive Dangerous Drugs
EXPRESSIONS SHOP,
Law, thus:
INC. AND JOSEPHINE
LIM BON HUAN, First, there appears nothing in the
Respondents. records showing that police
officers complied with the proper
G.R. No. 223099, procedure in the custody of seized
January 11, 2018 - drugs as specified in People v.
PEOPLE OF THE Lim, i.e., any apprehending team
PHILIPPINES, Plaintiff- having initial control of said drugs
Appellee, v. LINO and/or paraphernalia should,
ALEJANDRO Y immediately after seizure or
PIMENTEL, Accused- confiscation, have the same
Appellant. physically inventoried and
photographed in the presence of
G.R. No. 207354, the accused, if there be any, and
January 10, 2018 - or his representative, who shall be
CHARLIE HUBILLA, required to sign the copies of the
JOEL NAYRE, NENITA inventory and be given a copy
A. TAN, PEDRO thereof. The failure of the agents
MAGALLANES, JR., to comply with the requirement
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ARNEL YUSON, raises doubt whether what was

JANICE CABATBAT, submitted for laboratory
JUDY PAPINA, examination and presented in
VANESSA ESPIRITU, court was actually recovered from
NOEMI YALUNG, appellant. It negates the
GENALYN presumption that official duties
RESCOBILLO, FIDEL have been regularly performed by
ZAQUITA, NYL B. the police officers.
CALINGASAN, JANICE
....
MIRADORA,
EVANGELINE CHUA, IN FINE, the unjustified failure of the police
ROSCHELLE MISSION, officers to show that the integrity of the
MELANIE object evidence-shabu was properly
BALLESTEROS, preserved negates the presumption of
MARILYN BACALSO, regularity accorded to acts undertaken by
RENALYN ALCANTARA, police officers in the pursuit of their official
FEDERICO B.
duties.43 (Emphasis supplied, citations
VIERNES,
omitted)
CHRISTOPHER B.
YARES, ANA MARY R. The Comprehensive Dangerous Drugs Act requires

AGUILAR, MELANIE nothing less than strict compliance. Otherwise, the

SAN MARCOS, raison d'etre of the chain of custody requirement is

EMERLOVE MONTE, compromised. Precisely, deviations from it leave the door

CHONALYN LUCAS, open for tampering, substitution, and planting of

THERESA MALICOSIO, evidence.

MA. FE CERCARES,
Even acts which approximate compliance but do not
RUBELYN R. CLARO,
strictly comply with Section 21 have been considered
JONALYN M. YALUNG,
insufficient. People v. Magat,44 for example, emphasized
MARY ANN V.
the inadequacy of merely marking the items supposedly
MACANAG, RESLYN L.
seized:
FLORES, CRISTEL C.
ROQUE, TERESA G. A review of jurisprudence, even prior to the
MUNAR, SUSAN A. passage of the R.A. No. 9165, shows that this
DELA CRUZ, SHEENA Court did not hesitate to strike down
KAY P. DE VERA, convictions for failure to follow the proper
ARLENE R. ANES, procedure for the custody of confiscated
GINA B. BINIBINI, dangerous drugs. Prior to R.A. No. 9165, the
CHERINE V. ZORILLA, Court applied the procedure required by
MA. CRISTINE Dangerous Drugs Board Regulation No. 3,
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MAGTOTO, FRANCIS Series of 1979 amending Board Regulation

MARIE O. DE CASTRO, No. 7, Series of 1974.
VANESSA R.
In People v. Laxa, the policemen composing
ESPIRITU, RACHELLE
the buy-bust team failed to mark the
V. QUISTORIA, JULIE
confiscated marijuana immediately after the
ANN ILAN, ANGELIE F.
alleged apprehension of the appellant. One
PANOTES, ANABEL
policeman even admitted that he marked the
PAYOS, MELISSA M.
seized items only after seeing them for the
PERLAS, MELANIE B.
first time in the police headquarters. The
BERSES, BARVI ROSE
Court held that the deviation from the
PERALTA, RESIE
standard procedure in anti-narcotics
AQUE, ROWENA
operations produces doubts as to the origins
RIVERA, MELANIE M.
of the marijuana and concluded that the
DY, CHERYLYN CORO,
prosecution failed to establish the identity of
RANELYN SUBONG,
the corpus delicti.
ANGELA SUBILLAGA,
THELMA Similarly, in People v. Kimura, the Narcom
BARTOLABAC, operatives failed to place markings on the
MICHELLE C. ILAGAN, alleged seized marijuana on the night the
PRECIOUS MAE DE accused were arrested and to observe the
GUZMAN, MARY procedure in the seizure and custody of the
CAROLINE COLINA, drug as embodied in the aforementioned
FRELYN HIPOLITO, Dangerous Drugs Board Regulation No. 3,
MYLINE A. CALLOS, Series of 1979. Consequently, we held that
JANETH B. SEMBILLO, the prosecution failed to establish the identity
LEA LYN F. FERRANCO, of the corpus delicti.
MAY C. SANTOS,
In Zaragga v. People, involving a violation of
ROSELLE A. NOBLE,
R.A. No. 6425, the police failed to place
JENNIFER D. SUYOM,
markings on the alleged seized shabu
WARREN PETCHIE C.
immediately after the accused were
CAJES, ROWELYN F.
apprehended. The buy-bust team also failed
CATALAN, RIEZEL ANN
to prepare an inventory of the seized drugs
A. ALEGRE, DEMETRIA
which accused had to sign, as required by the
B. PEREZ, GENALYN
same Dangerous Drugs Board Regulation No.
OSOC, JUVILYN N.
3, Series of 1979. The Court held that the
NERI, JOY B.
prosecution failed to establish the identity of
PIMENTEL, AIRENE
the prohibited drug which constitutes the
LAYON, MARY JOY
corpus delicti.
TURQUEZA, MARY
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ANN VALENTIN, In all the foregoing cited cases, the Court

ROSIE L. NIEBRES, acquitted the appellants due to the failure of
MELCA MALLORCA, law enforcers to observe the procedures
JOY CAGATCAGAT, prescribed in Dangerous Drugs Board
DIANA CAMARO, Regulation No. 3, Series of 1979, amending
MARIVEL DIJUMO, Board Regulation No. 7, Series of 1974,
SHEILA DELA CRUZ, which are similar to the procedures under
ELIZABETH ARINGO, Section 21 of R.A. No. 9165. Marking of the
JENALYN G. DISMAYA, seized drugs alone by the law enforcers is not
MELANIE G. TRIA, enough to comply with the clear and
GRETCHEN D. MEJOS, unequivocal procedures prescribed in Section
AND JANELIE R. 21 of R.A. No. 9165.
JIMENEZ, Petitioners,
In the present case, although PO1 Santos had
v. HSY MARKETING
written his initials on the two plastic sachets
LTD., CO.,
submitted to the PNP Crime Laboratory Office
WANTOFREE
for examination, it was not indubitably shown
ORIENTAL TRADING,
by the prosecution that PO1 Santos
INC., COEN FASHION
immediately marked the seized drugs in the
HOUSE AND GENERAL
presence of appellant after their alleged
MERCHANDISE, ASIA
confiscation. There is doubt as to whether the
CONSUMER VALUE
substances seized from appellant were the
TRADING, INC.,
same ones subjected to laboratory
FABULOUS JEANS &
examination and presented in court.
SHIRT & GENERAL
MERCHANDISE, LSG A unique characteristic of narcotic substances
MANUFACTURING is that they are not readily identifiable as in
CORPORATION, UNITE fact they have to be subjected to scientific
GENERAL analysis to determine their composition and
MERCHANDISE, nature. Congress deemed it wise to
ROSARIO Q. CO, incorporate the jurisprudential safeguards in
LUCIA PUN LING the present law in an unequivocal language
YEUNG, AND to prevent any tampering, alteration or
ALEXANDER substitution, by accident or otherwise. The
ARQUEZA, Court, in upholding the right of the accused
Respondents. to be presumed innocent, can do no less than
apply the present law which prescribes a
G.R. No. 215713, more stringent standard in handling evidence
January 22, 2018 - than that applied to criminal cases involving
PEOPLE OF THE objects which are readily identifiable.
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PHILPPINES, Plaintiff- R.A. No. 9165 had placed upon the law
Appellee, v. BOBBY S. enforcers the duty to establish the chain of
ABELARDE, Accused- custody of the seized drugs to ensure the
Appellant. integrity of the corpus delicti. Thru proper
exhibit handling, storage, labeling and
A.M. No. P-17-3771 recording, the identity of the seized drugs is
(Formerly OCA IPI No. insulated from doubt from their confiscation
11-3689-P), January up to their presentation in court.45 (Emphasis
24, 2018 - JUDGE supplied, citations omitted)
DENNIS B. CASTILLA,
Complainant, v. IV

MARIA LUZ A.
The precision required in the custody of seized drugs and
DUNCANO, CLERK OF
drug paraphernalia is affirmed by the amendments made
COURT IV, OFFICE OF
to Section 21 by Republic Act No. 10640.46
THE CLERK OF COURT,
MUNICIPAL TRIAL The differences between Section 21(1) as originally
COURT IN CITIES, stated and as amended are shown below:
BUTUAN, AGUSAN
DEL SUR, Respondent. Republic Act No. 9165 Republic Act No.

G.R. No. 203081, SEC. 21. Custody and SEC. 21. Custod
January 17, 2018 - Disposition of Confiscated, Disposition of Conf
LINDA CACHO, Seized, and/or Seized,
MINORS SARAH JANE, Surrendered Dangerous Surrendered Dan
JACQUELINE, FIRE Drugs, Plant Sources of Drugs, Plant Sou
RINA AND MARK Dangerous Drugs, Dangerous
LOUISE ALL Controlled Precursors and Controlled Precurso
SURNAMED CACHO, Essential Chemicals, Essential Che
ALL REPRESENTED BY Instruments/Paraphernalia Instruments/Paraph
THEIR MOTHER AND and/or Laboratory and/or Lab
GUARDIAN AD LITEM Equipment. Equipment.
LINDA CACHO,
Petitioners, v.
GERARDO MANAHAN, The PDEA shall take The PDEA shal
DAGUPAN BUS CO., charge and have custody charge and have
INC., AND RENATO DE of all dangerous drugs, of all dangerous
VERA DOING plant sources of plant sources
BUSINESS UNDER dangerous drugs, dangerous
THE NAME R. M. DE controlled precursors and controlled precurso
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VERA essential chemicals, as essential chemica

CONSTRUCTION, well as well
Respondent. instruments/paraphernalia instruments/paraph
and/or laboratory and/or lab
G.R. No. 210766, equipment so confiscated, equipment so conf
January 08, 2018 - seized and/or seized
MARIA CONCEPCION surrendered, for proper surrendered, for
N. SINGSON A.K.A. disposition in the following disposition in the fo
CONCEPCION N. manner: manner:
SINGSON, Petitioner,
v. BENJAMIN L.
SINGSON, (1) The apprehending (1) The appreh
Respondent. team having initial team having
custody and control of the custody and contro
G.R. No. 207074, drugs dangerous
January 17, 2018 - controlled precurso
REPUBLIC OF THE essential che
PHILIPPINES, instruments/paraph
Petitioner, v. and/or lab
MICHELLE SORIANO equipment
GALLO, Respondent.
shall, immediately after
seizure and confiscation,
G.R. No. 195878,
shall, immediately
January 10, 2018 -
seizure and confisc
MAGSAYSAY MITSUI
OSK MARINE, INC., physically inventory

KOYO MARINE, CO.

conduct a p
LTD., AND CONRADO
inventory of the
DELA CRUZ, and photograph the same
items
Petitioners, v. OLIVER
G. BUENAVENTURA,
Respondent. in the presence of the
and photograph the
accused or the person/s
G.R. No. 230404, from whom such items
January 31, 2018 - IN were confiscated and/or
THE MATTER OF THE seized, or his/her in the presence
INTESTATE ESTATE OF representative or counsel, accused or the p
REYNALDO GUZMAN from whom such
RODRIGUEZ; ANITA were confiscated
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ONG TAN, Petitioner, a representative from the seized, or

v. ROLANDO C. media and the representative or co
RODRIGUEZ, Department of Justice
RACQUEL R. (DOJ), and any
GEGAJO*, ROSALINDA with an elected
R. LANDON, official and
REYNALDO C. representative o
RODRIGUEZ, JR., National Pros
ESTER R. FULGENCIO, who shall be required to elected public
RAFAEL C. sign the copies of the Service or the med
RODRIGUEZ AND inventory and be given a
REYNEST C. copy thereof:
RODRIGUEZ,
who shall be requ
Respondents.
sign the copies
inventory and be g
G.R. No. 216057,
copy thereof;
January 08, 2018 -
PEOPLE OF THE
PHILIPPINES,
Provided, That
Appellee, v. CEFERINO
physical inventor
VILLACAMPA Y
photograph sha
CADIENTE @ "DADDY
conducted at the
GAGA," Appellant.
where the search
is served; or a
A.C. No. 9000,
nearest police sta
January 10, 2018 -
at the nearest offic
TOMAS P. TAN, JR.,
apprehending
Complainant, v. ATTY.
officer/team, which
HAIDE V. GUMBA,
practicable, in c
Respondent.
warrantless seizure

G.R. No. 205813,

January 10, 2018 -
ALFREDO F. LAYA, JR., Provided, finally,

Petitioner, v. noncompliance of

PHILIPPINE VETERANS requirements

BANK AND RICARDO justifiable ground

A. BALBIDO, JR., long as the integr

Respondents. the evidentiary va

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the seized item

G.R. No. 192971, properly preserved
January 10, 2018 - apprehending
FLORO MERCENE, officer/team, sha
Petitioner, v. render void and
GOVERNMENT such seizures and
SERVICE INSURANCE over said items.
SYSTEM, Respondent.

Section 21(1) was simultaneously relaxed and made

A.M. No. RTJ-11-
more specific by Republic Act No. 10640.
2301 [Formerly A.M.
No. 11-3-55-RTC], It was relaxed with respect to the persons required to be
January 16, 2018 - present during the physical inventory and photographing
OFFICE OF THE of the seized items. Originally under Republic Act No.
COURT 9165, the use of the conjunctive "and" indicated that
ADMINISTRATOR, Section 21 required the presence of all of the following,
Complainant, v. in addition to "the accused or the person/s from whom
JUDGE PERLA V. such items were confiscated and/or seized, or his/her
CABRERA FALLER, representative or counsel":
OFFICER-IN-CHARGE
First, a representative from the media;
OPHELIA G. SULUEN
AND PROCESS Second, a representative from the Department of
SERVER RIZALINO Justice; and
RINALDI B.
PONTEJOS, ALL OF Third, any elected public official.47

THE RTC, BRANCH 90,

As amended by Republic Act No. 10640, Section 21(1)
DASMARIÑAS,
uses the disjunctive "or," i.e., "with an elected public
CAVITE,
official and a representative of the National Prosecution
Respondents.; A.M.
Service or the media." Thus, a representative from the
No. RTJ-11-2302
media and a representative from the National
[FORMERLY A.M. No.
Prosecution Service are now alternatives to each other.48
11-7-125-RTC] -
OFFICE OF THE Section 21(1), as amended, now includes a specification
COURT of locations where the physical inventory and taking of
ADMINISTRATOR, photographs must be conducted. The amended section
Complainant, v. uses the mandatory verb "shall" and now includes the
PRESIDING JUDGE following proviso:49
FERNANDO L.
FELICEN, CLERK OF
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COURT V ATTY. ALLAN Provided, That the physical inventory and

SLY M. MARASIGAN, photograph shall be conducted at the place
SHERIFF IV ANSELMO where the search warrant is served; or at the
P. PAGUNSAN, JR., nearest police station or at the nearest office
COURT of the apprehending officer/team, whichever
STENOGRAPHERS is practicable, in case of warrantless seizures:
ROSALIE MARANAN ... 50 (Emphasis supplied)
AND TERESITA P.
REYES, COURT Lescano v. People51 summarized Section 2l(1)'s

INTERPRETER IMELDA requirements:

M. JUNTILLA, AND
As regards the items seized and subjected to
PROCESS SERVER
marking, Section 21(1) of the Comprehensive
HIPOLITO O. FERRER,
Dangerous Drugs Act, as amended, requires
ALL OF THE RTC,
the performance of two (2) actions: physical
BRANCH 20, IMUS,
inventory and photographing. Section 21(1)
CAVITE; PRESIDING
is specific as to when and where these
JUDGE NORBERTO J.
actions must be done. As to when, it must be
QUISUMBING, JR.,
"immediately after seizure and confiscation."
CLERK OF COURT
As to where, it depends on whether the
ATTY. MARIA CRISTITA
seizure was supported by a search warrant. If
A. RIVASSANTOS,
a search warrant was served, the physical
LEGAL RESEARCHER
inventory and photographing must be done at
MANUELA O. OSORIO,
the exact same place that the search warrant
SHERIFF IV FILMAR M.
is served. In case of warrantless seizures,
DE VILLA, COURT
these actions must be done "at the nearest
STENOGRAPHERS
police station or at the nearest office of the
MARILOU CAJIGAL,
apprehending officer/team, whichever is
WENDILYN T. ALMEDA
practicable."
AND HELEN B.
CARALUT, COURT Moreover, Section 21(1) requires at least
INTERPRETER three (3) persons to be present during the
ELENITA T. DE VILLA, physical inventory and photographing. These
AND PROCESS persons are: first, the accused or the
SERVER ELMER S. person/s from whom the items were seized;
AZCUETA, ALL OF THE second, an elected public official; and third, a
RTC, BRANCH 21, representative of the National Prosecution
IMUS, CAVITE; Service. There are, however, alternatives to
PRESIDING JUDGE the first and the third. As to the first (i.e., the
CESAR A. accused or the person/s from whom items
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MANGROBANG, CLERK were seized), there are two (2) alternatives:

OF COURT VI ATTY. first, his or her representative; and second,
REGALADO E. his or her counsel. As to the representative of
EUSEBIO, CLERK OF the National Prosecution Service, a
COURT V ATTY. SETER representative of the media may be present
M. DELA CRUZ- in his or her place.52
CORDEZ, LEGAL
V
RESEARCHER DEVINA
A. REYES BERMUDEZ,
This case is tainted with grave, gratuitous violations of
COURT Section 21(1).
STENOGRAPHERS
PRISCILLA P. There is no showing that a proper inventory and taking

HERNANDEZ, of pictures was done by the apprehending officers. The

NORMITA Z. FABIA, marking of the sachets of shabu supposedly obtained

MERLY O. PARCERO, from accused-appellant was conducted at a police station

AND JOYCE ANN F. without accused-appellant, or any person representing

SINGIAN, COURT him, around. There was not even a third person, whose

INTERPRETER presence was required by Section 21(1) prior to its

MICHELLE A. amendment53 — "a representative from the media and

ALARCON, AND the Department of Justice (DOJ), and any elected public
PROCESS SERVER official."
ELMER S. AZCUETA,
This Court is left with absolutely no guarantee of the
ALL OF THE RTC,
integrity of the sachets other than the self-serving
BRANCH 22, IMUS,
assurances of PO3 Lim and SPO1 Jacinto. This is
CAVITE; EXECUTIVE
precisely the situation that the Comprehensive
JUDGE PERLA V.
Dangerous Drugs Act seeks to prevent. The very process
CABRERAFALLER,
that Section 21 requires is supposed to be a plain,
CLERK OF COURT
standardized, even run-of-the-mill, guarantee that the
ZENAIDA C.
integrity of the seized drugs and/or drug paraphernalia is
NOGUERA, SHERIFF
preserved. All that law enforcers have to do is follow
IV TOMAS C. AZURIN,
Section 21's instructions. They do not even have to
OIC LEGAL
profoundly intellectualize their actions.
RESEARCHER
OPHELIA G. SULUEN, An admitted deviation from Section 21's prescribed
COURT process is an admission that statutory requirements
STENOGRAPHERS have not been observed. This admitted disobedience can
JESUSA B. SAN JOSE, only work against the prosecution's cause.
ROSALINA A.
COSTUNA, AND
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MARIA LOURDES M. In People v. Nandi,54 the prosecution failed to account

SAPINOSO, COURT for how the seized items were handled after seizure and
INTERPRETER prior to turn-over for examination. This Court considered
MERLINA S. FERMA, the apprehending officers' lapses to be fatal errors and
AND PROCESS held that acquittal must ensue:
SERVER RIZALINO
RINALDI B. After a closer look, the Court finds that the
linkages in the chain of custody of the subject
PONTEJOS, ALL OF
THE RTC, BRANCH 90, item were not clearly established. As can be

DASMARIÑAS, gleaned from his forequoted testimony, PO1

Collado failed to provide informative details
CAVITE,
Respondents.; A.M. on how the subject shabu was handled
immediately after the seizure. He just
No. 12-9-188-RTC -
claimed that the item was handed to him by
RE: ANONYMOUS
LETTER COMPLAINT the accused in the course of the transaction
and, thereafter, he handed it to the
AGAINST JUDGE
PERLA V. CABRERA- investigator.

FALLER, BRANCH 90,

There is no evidence either on how the item
REGIONAL TRIAL was stored, preserved, labeled, and recorded.
COURT, DASMARIÑAS
PO1 Collado could not even provide the court
CITY, CAVITE, with the name of the investigator. He
RELATIVE TO CIVIL admitted that he was not present when it was
CASE NO. 1998-08
delivered to the crime laboratory. It was
Forensic Chemist Bernardino M. Banac, Jr.
G.R. No. 194214, who identified the person who delivered the
January 10, 2018 -
specimen to the crime laboratory. He
MARILOU disclosed that he received the specimen from
PUNONGBAYAN-
one PO1 Cuadra, who was not even a
VISITACION,
member of the buy bust team. Per their
Petitioner, v. PEOPLE record, PO1 Cuadra delivered the letter-
OF THE PHILIPPINES
request with the attached seized item to the
AND CARMELITA P. CPD Crime Laboratory Office where a certain
PUNONGBAYAN, PO2 Semacio recorded it and turned it over to
Respondents.
the Chemistry Section.

G.R. No. 200469, In view of the foregoing, the Court is of the

January 15, 2018 - considered view that chain of custody of the

PHILIPPINE SAVINGS illicit drug seized was compromised. Hence,

BANK, Petitioner, v. the presumption of regularity in the

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JOSEPHINE L. PAPA, performance of duties cannot be applied in

Respondent. this case.

Given the flagrant procedural

G.R. No. 205440,
lapses the police committed in
January 15, 2018 -
handling the seized shabu and the
PEOPLE OF THE
obvious evidentiary gaps in the
PHILIPPINES, Plaintiff-
chain of its custody, a
Appellee, v. YOLANDO
presumption of regularity in the
B. PANERIO ALIAS
performance of duties cannot be
JOHN "YOLLY" LABOR
made in this case. A presumption
AND ALEX (JOJO) F.
of regularity in the performance of
ORTEZA, ACCUSED,
official duty is made in the context
YOLANDO B.
of an existing rule of law or
PANERIO, Accused-
statute authorizing the
Appellant.
performance of an act or duty or
prescribing a procedure in the
G.R. No. 214291,
performance thereof. The
January 11, 2018 -
presumption applies when nothing
AMERICAN POWER
in the record suggests that the
CONVERSION
law enforcers deviated from the
CORPORATION;
standard conduct of official duty
AMERICAN POWER
required by law; where the official
CONVERSION
act is irregular on its face, the
SINGAPORE PTE.
presumption cannot arise. In light
LTD.; AMERICAN
of the flagrant lapses we noted,
POWER CONVERSION
the lower courts were obviously
(A.P.C.), B.V.;
wrong when they relied on the
AMERICAN POWER
presumption of regularity in the
CONVERSION
performance of official duty.
(PHILS.) B.V.; DAVID
W. PLUMER, JR.; With the chain of custody in serious question,
GEORGE KONG; AND the Court cannot gloss over the argument of
ALICIA HENDY, the accused regarding the weight of the
Petitioners, v. JASON seized drug. The standard procedure is that
YU LIM, Respondent. after the confiscation of the dangerous
substance, it is brought to the crime
G.R. No. 225596, laboratory for a series of tests. The result
January 10, 2018 -
THE PEOPLE OF THE
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PHILIPPINES, Plaintiff- thereof becomes one of the bases of the

Appellee, v. charge to be filed.55 (Citations omitted)
ALEXANDER ALVARO Y
DE LEON AND What is critical in drug cases is not the bare conduct of

ROSALIE GERONIMO Y inventory, marking, and photographing. Instead, it is the

certainty that the items allegedly taken from the accused
MADERA, Accused-
Appellants. retain their integrity, even as they make their way from
the accused to an officer effecting the seizure, to an
investigating officer, to a forensic chemist, and
G.R. No. 210610,
January 11, 2018 - ultimately, to courts where they are introduced as
evidence. Hence, the four (4) links were underscored in
PEOPLE OF THE
PHILIPPINES, Plaintiff- Nandi:56 first, from the accused to the apprehending

Appellee, v. MARILOU officers; second, from the apprehending officers to the

HILARIO Y DIANA AND investigating officers; third, from the investigating

LALAINE GUADAYO Y officers to the forensic chemists; and fourth, from the

ROYO, ACCUSED. forensic chemists to the courts. The endpoints of each

MARILOU HILARIO Y link (e.g., the accused and the apprehending officer in
DIANA, Accused- the first link, the forensic chemist and the court in the

Appellant. fourth link) are preordained, their respective existences

not being in question. What is prone to danger is not any

G.R. Nos. 206841- of these end points but the intervening transitions or

42, January 19, 2018 transfers from one point to another.

- ARMANDO GO,
Section 21(1)'s requirements are designed to make the
Petitioner, v. EAST
first and second links foolproof. Conducting the inventory
OCEANIC LEASING
and photographing immediately after seizure, exactly
AND FINANCE
where the seizure was done, or at a location as
CORPORATION,
practicably close to it, minimizes, if not eliminates, room
Respondent.
for adulteration or the planting of evidence. The
presence of the accused, or a representative, and of
G.R. No. 208835,
third-party witnesses, coupled with their attestations on
January 19, 2018 -
the written inventory, ensures that the items delivered to
PEOPLE OF THE
the investigating officer are the items which have
PHILIPPINES, Plaintiff-
actually been inventoried.
Appellee, v. NOEL
BEJIM Y ROMERO, The prosecution here failed to account for the
Accused-Appellant. intervening period between the supposed handover of
the sachet from accused-appellant to PO3 Lim, to the
A.M. No. P-17-3639 marking of the sachets by SPO4 Tubo. Likewise, it
(Formerly OCA I.P.I. absolutely failed to identify measures taken during
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No. 14-4314-P), transit from the target area to the police station to
January 23, 2018 - ensure the integrity of the sachets allegedly obtained
MA. CECILIA FERMINA and to negate any possibility of adulteration or
T. ROXAS, substitution.
Complainant, v. ALLEN
The prosecution rested its case without presenting SPO4
FRANCISCO S. SICAT,
Tubo. Not that he would have singularly won the case for
SHERIFF III, OFFICE
the prosecution, but the prosecution could have at least
OF THE CLERK OF
supported its claims about the conduct of the marking
COURT, MUNICIPAL
even as it was the apprehending officers, not the
TRIAL COURT IN
investigating officer, who should have done this. As it
CITIES, ANGELES
stands, even the claims of PO3 Lim and SPO1 Jacinto
CITY, PAMPANGA,
that the sachets were marked remained suspect. SPO4
Respondent.
Tubo's testimony, too, would have shed light on the
second and third links identified in Nandi.
G.R. No. 219683,
January 23, 2018 - The prosecution's predicament would not be so dire if
HON. JONATHAN A. accused-appellant, or his representative or counsel, and
DELA CRUZ AND HON. the third-party witnesses required by Section 21(1) of
GUSTAVO S. the Comprehensive Dangerous Drugs Act, were present
TAMBUNTING, AS during and had attested to an inventory as reduced to
MEMBERS OF THE writing.
HOUSE OF
REPRESENTATIVES People v. Garcia57 emphasized that the mere marking of

AND AS TAXPAYERS, seized items, unsupported by a proper physical inventory

Petitioners, v. HON. and taking of photographs, and in the absence of the

PAQUITO N. OCHOA persons whose presence is required by Section 21 will

JR., IN HIS CAPACITY not justify a conviction:

AS THE EXECUTIVE
Thus, other than the markings made by PO1
SECRETARY; HON.
Garcia and the police investigator (whose
JOSEPH EMILIO A.
identity was not disclosed), no physical
ABAYA, IN HIS
inventory was ever made, and no photograph
CAPACITY AS THE
of the seized items was taken under the
SECRETARY OF THE
circumstances required by R.A. No. 9165 and
DEPARTMENT OF
its implementing rules. We observe that while
TRANSPORTATION
there was testimony with respect to the
AND
marking of the seized items at the police
COMMUNICATIONS;
station, no mention whatsoever was made on
HON. FLORENCIO B.
whether the marking had been done in the
ABAD, IN HIS
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CAPACITY AS THE presence of Ruiz or his representatives. There

SECRETARY OF THE was likewise no mention that any
DEPARTMENT OF representative from the media and the
BUDGET AND Department of Justice, or any elected official
MANAGEMENT; AND had been present during this inventory, or
HON. ROSALIA V. DE that any of these people had been required to
LEON, IN HER sign the copies of the inventory.58 (Citations
CAPACITY AS THE omitted)
NATIONAL
The presence of third-party witnesses is imperative, not
TREASURER,
Respondents. only during the physical inventory and taking of pictures,
but also during the actual seizure of items. The

G.R. No. 225690, requirement of conducting the inventory and taking of

January 17, 2018 - photographs "immediately after seizure and

PEOPLE OF THE confiscation"59 necessarily means that the required

PHILIPPINES, Plaintiff- witnesses must also be present during the seizure or

Appellee, v. GERALD confiscation. This is confirmed in People v. Mendoza,60

ARVIN ELINTO where the presence of these witnesses was characterized
RAMIREZ AND as an "insulating presence [against] the evils of
BELINDA GALIENBA switching, 'planting' or contamination":61
LACHICA, Accused-
Appellants. Similarly, P/Insp. Lim did not mention in his
testimony, the relevant portions of which are

G.R. No. 204039, quoted hereunder, that a representative from

January 10, 2018 - the media or the Department of Justice, or

UNITED COCONUT any elected public official was present during

PLANTERS BANK, the seizure and marking of the sachets of

Petitioner, v. SPOUSES shabu, as follows:

WALTER UY AND LILY

....
UY, Respondents.
The consequences of the failure of the

G.R. No. 195887, arresting lawmen to comply with the

January 10, 2018 - requirements of Section 21 (1), supra, were

BEN LINE AGENCIES dire as far as the Prosecution was concerned.

PHILIPPINES, INC., Without the insulating presence of the

REP. BY RICARDO J. representative from the media or the

JAMANDRE, Petitioner, Department of Justice, or any elected public

v. CHARLES M.C. official during the seizure and marking of the

MADSON AND sachets of shabu, the evils of switching,

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ALFREDO P. "planting" or contamination of the evidence

AMORADO, that had tainted the buy-busts conducted
Respondents. under the regime of RA No. 6425 (Dangerous
Drugs Act of 1972) again reared their ugly
G.R. No. 212994, heads as to negate the integrity and
January 31, 2018 - credibility of the seizure and confiscation of
PEOPLE OF THE the sachets of shabu that were evidence
PHILIPPINES, Plaintiff- herein of the corpus delicti, and thus
Appellee, v. JOSHUA adversely affected the trustworthiness of the
QUE Y UTUANIS, incrimination of the accused. Indeed, the
Accused-Appellant. insulating presence of such witnesses would
have preserved an unbroken chain of
G.R. No. 230144, custody.62
January 22, 2018 -
In complete disregard of Section 21's unequivocal
THE MANILA BANKING
requirements, no one but police officers witnessed the
CORPORATION,
Petitioner, v. BASES supposed marking of the sachets obtained from accused-
appellant.
CONVERSION AND
DEVELOPMENT
It also does not escape our attention that accused-
AUTHORITY,
appellant's apprehension was supposedly an occasioned
Respondent. buy-bust or entrapment operation. This operation was
allegedly prompted by a tip from an informant. Acting on
G.R. No. 216017, the tip, P/C Insp. Muksan allegedly organized a buy-bust
January 19, 2018 - team. All the niceties of an entrapment operation were
PEOPLE OF THE
furnished: the simulated sale was laid out, a pre-
PHILIPPINES, Plaintiff- arranged signal was devised, and the marked money
Appellee, v. NIÑO
was prepared.63
FLOR Y MORA,
Accused-Appellant. Police officers set about what appears to have been a
meticulously prepared, self-conscious operation. They
G.R. No. 188243, had the diligence to secure preliminaries, yet they could
January 24, 2018 - not be bothered to secure the presence of the same
LAND BANK OF THE insulating witnesses who would have ultimately bolstered
PHILIPPINES, their case. They paint a picture of themselves as a
Petitioner, v. RAUL T. deliberate, calculated team, yet they utterly failed at
MANZANO, JOSE R. observing plain, formulaic statutory requirements.
JUGO, RAMON H.
There is nothing overly complicated, demanding, or
MANZANO, AND
difficult in Section 21's requirements. If at all, these
HEIRS OF PILAR T.
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MANZANO, NAMELY: requirements have so repeatedly been harped on in

RICARDO T. jurisprudence, and almost just as certainly on
MANZANO, JR., professional and casual exchanges among police officers,
RENATO T. MANZANO, that the buy-bust team must have been so familiar with
JR., RAMON T. them. The buy-bust team was asked to adhere to a bare
MANZANO, JR., RAUL minimum. Its utter disregard for Section 21 by not even
T. MANZANO, RAFAEL bothering to conduct an actual inventory, take pictures,
T. MANZANO, or secure the presence of third-party persons to ensure
ROBERTO T. the integrity of their self-proclaimed marking raises
MANZANO, AND grave doubts not only on the integrity of the allegedly
REGINA T. MANZANO, seized items, but even on their own.
Respondents.
The prosecution would have itself profit from the buy-
bust team's admitted and glaring inadequacies. This
G.R. No. 231792,
Court, the last bastion of civil liberties, must not condone
January 29, 2018 -
this. The apprehending officers' own inadequacies
PEOPLE OF THE
engender reasonable doubt and jeopardize the
PHILIPPINES, Plaintiff-
prosecution they initiated. Acquittal must ensue.
Appellee, v. ALVIN
JUGO Y VILLANUEVA, VI
Accused-Appellant.
Section 21(1), as amended by Republic Act No. 10640,
now includes a proviso that sanctions noncompliance
G.R. No. 197920,
under "justifiable grounds":
January 22, 2018 -
DEMOSTHENES R. Provided, finally, That noncompliance of these
ARBILON, Petitioner, v. requirements under justifiable grounds, as
SOFRONIO long as the integrity and the evidentiary
MANLANGIT, value of the seized items are properly
Respondent. preserved by the apprehending officer/team,
shall not render void and invalid such
A.M. No. P-18-3796
seizures and custody over said items.64
(Formerly OCA IPI
No.16-4545-P), In order that there may be conscionable non-compliance,
January 22, 2018 - two (2) requisites must be satisfied: first, the
ATTY. MA. JASMINE P. prosecution must specifically allege, identify, and prove
LOOD, MARY JANE G. "justifiable grounds"; second, it must establish that
CORPUZ, AND MA. despite non-compliance, the integrity and evidentiary
HAZEL P. SEBIAL, value of the seized drugs and/or drug paraphernalia
Complainants, v. RUEL were properly preserved. Satisfying the second requisite
V. DELICANA, LEGAL demands a showing of positive steps taken to ensure
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RESEARCHER, such preservation. Broad justifications and sweeping

BRANCH 3, guarantees will not suffice.
MUNICIPAL TRIAL
The prosecution here completely and utterly failed to
COURT IN CITIES
offer a justification for the buy-bust team's deviations
[MTCC], GENERAL
from Section 21(1). It would have helped its case if it
SANTOS CITY, SOUTH
offered a justification and made an allegation of the
COTABATO,
steps taken to ensure the integrity and evidentiary value
Respondent.
of the allegedly seized sachets. Its silence leaves this
Court with absolutely nothing to consider. The
G.R. No. 208775,
Comprehensive Dangerous Drugs Act allows for an open
January 22, 2018 -
door to accommodate exceptions. The prosecution,
JORGE DABON, a.k.a.
however, has not even bothered to extend its hand and
GEORGE DEBONE @
open that proverbial door.
GEORGE, Petitioner, v.
THE PEOPLE OF THE This Court cannot be overly licentious to the prosecution
PHILIPPINES, and do its work for it. In the face of its failure to plead
Respondent. and demonstrate exceptional circumstances, there is not
even room for considering exceptions.
G.R. No. 208638,
VII
January 24, 2018 -
SPOUSES FRANCISCO Of equally grave concern to this Court is the miniscule
ONG AND BETTY LIM amount of shabu supposedly obtained from accused-
ONG, AND SPOUSES appellant. This amount is not per se a badge of
JOSEPH ONG CHUAN innocence or a point justifying acquittal. However, the
AND ESPERANZA ONG dubious facts of the seizure and arrest, occasioned by
CHUAN, Petitioners, v. glaring disobedience to the Comprehensive Dangerous
BPI FAMILY SAVINGS Drugs Act, coupled with the tendency for substitution,
BANK, INC., adulteration, and planting of fungible evidence—which is
Respondent. the very reason for Section 21's strictness—impress
upon this Court the need for extreme caution in
G.R. No. 191460, appraising an accused's supposed guilt.
January 31, 2018 -
PERFECTO M. Lescano v. People65 explained:
PASCUA, Petitioner, v.
As this court has also previously observed in
BANK WISE, INC. AND
decisions involving analogous circumstances,
PHILIPPINE VETERANS
"[t]he miniscule amount of narcotics
BANK, Respondent.;
supposedly seized ... amplifies the doubts on
G.R. No. 191464,
their integrity." What is involved here is all
January 31, 2018 -
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BANKWISE, INC., but a single sachet of 1.4 grams of plant

Petitioner, v. material alleged to have been marijuana.
PERFECTO M. PASCUA
In People v. Dela Cruz, we noted that the
AND PHILIPPINE
seizure of seven (7) sachets supposedly
VETERANS BANK,
containing 0.1405 gram of shabu (a quantity
Respondents.
which, we emphasized, was "so miniscule it
amount[ed] to little more than 7% of the
G.R. No. 226400,
weight of a five-centavo coin ... or a one-
January 24, 2018 -
centavo coin") lent itself to dubiety.
PEOPLE OF THE
PHILIPPINES, Plaintiff- In Holgado:
Appellee, v. JOSELITO
While the miniscule amount of
BRINGCULA Y
narcotics seized is by itself not a
FERNANDEZ, Accused-
ground for acquittal, this
Appellant.
circumstance underscores the
need for more exacting
A.C. No. 10684,
compliance with Section 21. In
January 24, 2018 -
Malilin v. People, this court said
ILUMINADA D.
that "the likelihood of tampering,
YUZON, Complainant,
loss or mistake with respect to an
v. ATTY. ARNULFO M.
exhibit is greatest when the
AGLERON,
exhibit is small and is one that
Respondent.
has physical characteristics
fungible in nature and similar in
G.R. No. 227577,
form to substances familiar to
January 24, 2018 -
people in their daily lives."
ANGEL FUELLAS
DIZON, Petitioner, v. ....
PEOPLE OF THE
PHILLIPINES, Trial courts should meticulously

Respondent. consider the factual intricacies of

cases involving violations of

G.R. No. 229512, Republic Act No. 9165. All details

January 31, 2018 - that factor into an ostensibly

PEOPLE OF THE uncomplicated and barefaced

PHILIPPINES, Plaintiff- narrative must be scrupulously

Appellee, v. RONALDO considered. Courts must employ

PAZ Y DIONISIO @ heightened scrutiny, consistent

with the requirement of proof

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"JEFF", Accused- beyond reasonable doubt, in

Appellant. evaluating cases involving
miniscule amounts of drugs.
G.R. No. 195472, These can be readily planted and
January 08, 2018 - tampered[.]66 (Citations omitted)
SAMSON LIM BIO
HIAN, Petitioner, v. This case merely involves 0.0157 grams and 0.0783

JOAQUIN LIM ENG grams of alleged shabu. These are quantities so

miniscule they amount to 4.7% of the weight of a one-
TIAN, Respondent.;
G.R. No. 195568, centavo coin or 2.0 grams.67 These miniscule amounts

January 08, 2018 - were contained in sachets, the handling of which from

JOHNSON LIM BIO the target area to the police station was totally bereft of

TIONG, Petitioner, v. safeguards. As with Lescano, De Leon, and Holgado, the

JOAQUIN LIM ENG miniscule amount of narcotics seized, coupled with the

TIAN, Respondent. dubious circumstances of seizure, militates against the

prosecution's case.

G.R. No. 200401,

The buy-bust team's failures bring into question the
January 17, 2018 -
integrity of the corpus delicti of the charge of sale of
METRO RAIL TRANSIT
illegal drugs against accused-appellant. This leaves
DEVELOPMENT
reasonable doubt on the guilt of accused-appellant
CORPORATION,
Joshua Que. Necessarily, he must be acquitted.
Petitioner, v. GAMMON
PHILIPPINES, INC., WHEREFORE, the August 12, 2013 Decision of the
Respondent. Court of Appeals in CA-G.R. CR-HC No. 00681-MIN is
REVERSED and SET ASIDE. Accused-appellant Joshua
A.M. No. MTJ-18- Que y Utuanis is ACQUITTED for failure of the
1908 (Formerly OCA prosecution to prove his guilt beyond reasonable doubt.
IPI No. 14-2674-MTJ), He is ordered immediately RELEASED from detention,
January 16, 2018 - unless he is confined for some other lawful cause.
BERNARDITA F.
Let a copy of this decision be furnished to the Director of
ANTIPORDA,
the Bureau of Corrections for immediate implementation.
Complainant, v.
The Director of the Bureau of Corrections is directed to
FRANCISCO A. ANTE,
report to this Court, within five (5) days from receipt of
JR., PRESIDING
this Decision, the action he has taken. Copies shall also
JUDGE, MUNICIPAL
be furnished to the Director General of the Philippine
TRIAL COURT IN
National Police and the Director General of the Philippine
CITIES, VIGAN, CITY,
Drugs Enforcement Agency for their information.
ILOCOS SUR,
Respondent. Let entry of final judgement be issued immediately.
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SO ORDERED.
G.R. No. 207613,
Velasco, Jr., (Chairperson), Bersamin, and Gesmundo,
January 31, 2018 -
JJ., concur.
REYMAN G. MINSOLA,
Martires, J., On official business, as per Letter dated
Petitioner, v. NEW
January 18, 2018.
CITY BUILDERS, INC.
AND ENGR. ERNEL
FAJARDO,
Respondents.
March 23, 2018

G.R. No. 222317,

NOTICE OF JUDGMENT
January 24, 2018 -
ST. PAUL COLLEGE, Sirs/Mesdames:

PASIG, AND SISTER

Please take notice that on January 31, 2018 a
TERESITA BARICAUA,
Decision, copy attached hereto, was rendered by the
SPC, Petitioners, v.
Supreme Court in the above-entitled case, the original of
ANNA LIZA L.
which was received by this Office on March 23, 2018 at
MANCOL AND
2:00 p.m.
JENNIFER CECILE S.
VALERA, Respondents.
Very truly yours,
G.R. No. 213465,
(SGD.) WILFREDO V. LAPITAN
January 08, 2018 -
Division Clerk of Court
CAREER PHILIPPINES
SHIPMANAGEMENT,
INC.; COLUMBIA
SHIPMANAGEMENT
LTD. LIBERIA;
AND/OR SAMPAGUITA
D. MARAVE,
ORDER OF RELEASE
Petitioners, v.
DONARD P.
TO: The Director
SILVESTRE,
BUREAU OF CORRECTIONS
Respondent.
1770 Muntinlupa City

G.R. No. 228799, -and-

January 10, 2018 -
MACTAN ROCK
INDUSTRIES, INC. PIS Danilo Dador
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AND ANTONIO Acting Superintendent

TOMPAR, Petitioners, SAN RAMON PRISON & PENAL FARM
v. BENFREI S. GERMO, 7000 Zamboanga City
Respondent.

G.R. No. 224673,

January 22, 2018 -
GREETINGS:
CECILIA RIVAC,
Petitioner, v. PEOPLE WHEREAS, the Supreme Court on January 31, 2018
OF THE PHILIPPINES, promulgated a Decision in the above-entitled case, the
Respondent. dispositive portion of which reads:

“WHEREFORE, the August 12, 2013

G.R. No. 226103,
Decision of the Court of Appeals in CA-G.R.
January 24, 2018 -
CR-HC No. 00681-MIN is REVERSED and
GENERATO M.
SET ASIDE. Accused-appellant Joshua Que y
HERNANDEZ,
Utuanis is ACQUITTED for failure of the
Petitioner, v.
prosecution to prove his guilt beyond
MAGSAYSAY
reasonable doubt. He is ordered immediately
MARITIME
RELEASED from detention, unless he is
CORPORATION,
confined for some other lawful cause.
SAFFRON MARITIME
LIMITED AND/OR Let a copy of this decision be furnished to the
MARLON R. ROÑO, Director of the Bureau of Corrections for
Respondents. immediately implementation. The Director of
the Bureau of Corrections is directed to report
GR. No. 199081, to this Court, within five (5) days from
January 24, 2018 - receipt of this Decision, the action he has
ASIGA MINING taken. Copies shall also be furnished to the
CORPORATION, Director General of the Philippine National
Petitioner, v. MANILA Police and the Director General of the
MINING Philippine Drugs Enforcement Agency for
CORPORATION AND their information.
BASIANA MINING
EXPLORATION Let entry of final judgment be issued

CORPORATION, immediately.

Respondents.
SO ORDERED."

G.R. No. 203160, NOW, THEREFORE, You are hereby ordered to

January 24, 2018 - immediately release JOSHUA QUE Y UTUANIS unless

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COMMISSIONER OF there are other lawful causes for which he should be

INTERNAL REVENUE, further detained, and to return this Order with the
Petitioner, v. COVANTA certificate of your proceedings within five (5) days from
ENERGY PHILIPPINE notice hereof.
HOLDINGS, INC.,
GIVEN by the Honorable PRESBITERO J. VELASCO,
Respondent.
JR., Chairperson of the Third Division of the Supreme

Court of the Philippines, this 31st day of January 2018.

G.R. No. 218984,
January 24, 2018 -
ARMANDO M. Very truly yours,
TOLENTINO
(DECEASED), HEREIN (SGD.) WILFREDO V. LAPITAN

REPRESENTED BY HIS Division Clerk of Court

SURVIVING SPOUSE
MERLA F. TOLENTINO
AND CHILDREN
Endnotes:
NAMELY: MARIENELA,
ALYSSA, ALEXA, AND
1Rollo, pp. 320. The Decision was penned by
AZALEA, ALL
Associate Justice Renato C. Francisco and
SURNAMED
concurred in by Associate Justices Romulo V.
TOLENTINO,
Borja and Oscar V. Badelles of the Twenty-
Petitioners, v.
First Division, Court of Appeals, Cagayan de
PHILIPPINE AIRLINES,
Oro City.
INC., Respondent.

2 Rep. Act No. 9165 (2002), sec. 5 provides:

G.R. No. 217135,
January 31, 2018 - Section 5. Sale, Trading, Administration,
MANILA Dispensation, Delivery, Distribution and
SHIPMANAGEMENT & Transportation of Dangerous Drugs and/or
MANNING, INC., Controlled Precursors and Essential
AND/OR HELLESPONT Chemicals. — The penalty of life
HAMMONIA GMBH & imprisonment to death and a fine ranging
CO. KG AND/OR from Five hundred thousand pesos
AZUCENA C. DETERA, (P500,000.00) to Ten million pesos
Petitioners, v. RAMON (P10,000,000.00) shall be imposed upon any
T. ANINANG, person, who, unless authorized by law, shall
Respondent. sell, trade, administer, dispense, deliver, give
away to another, distribute, dispatch in
transit or transport any dangerous drug,

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G.R. No. 210504, including any and all species of opium poppy
January 24, 2018 - regardless of the quantity and purity
HEIRS OF ALFONSO involved, or shall act as a broker in any of
YUSINGCO, such transactions.
REPRESENTED BY
The penalty of imprisonment ranging from
THEIR ATTORNEY-IN-
twelve (12) years and one (1) day to twenty
FACT, TEODORO K.
(20) years and a fine ranging from One
YUSINGCO,
hundred thousand pesos (P100,000.00) to
Petitioners, v.
Five hundred thousand pesos (P500,000.00)
AMELITA BUSILAK,
shall be imposed upon any person, who,
COSCA NAVARRO,
unless authorized by law, shall sell, trade,
FLAVIA CURAYAG AND
administer, dispense, deliver, give away to
LIXBERTO1 CASTRO,
another, distribute, dispatch in transit or
Respondents.
transport any controlled precursor and
essential chemical, or shall act as a broker in
G.R. No. 229404,
such transactions.
January 24, 2018 -
MARILYN B. If the sale, trading, administration,
ASENTISTA, Petitioner, dispensation, delivery, distribution or
v. JUPP & COMPANY, transportation of any dangerous drug and/or
INC., AND/OR MR. controlled precursor and essential chemical
JOSEPH V. ASCUTIA, transpires within one hundred (100) meters
Respondents. from the school, the maximum penalty shall
be imposed in every case.
G.R. No. 233922,
For drug pushers who use minors or mentally
January 24, 2018 -
incapacitated individuals as runners, couriers
MA. VICTORIA M.
and messengers, or in any other capacity
GALANG, Petitioner, v.
directly connected to the dangerous drugs
PEAKHOLD FINANCE
and/or controlled precursors and essential
CORPORATION AND
chemicals trade, the maximum penalty shall
THE REGISTER OF
be imposed in every case.
DEEDS OF CALOOCAN
CITY, Respondents. If the victim of the offense is a minor or a
mentally incapacitated individual, or should a
A.M. No. 17-11- dangerous drug and/or a controlled precursor
272-RTC, January 31, and essential chemical involved in any
2018 - RE: DROPPING offense herein provided be the proximate
FROM THE ROLLS OF cause of death of a victim thereof, the
LEMUEL H. VENDIOLA,
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SHERIFF IV, OFFICE maximum penalty provided for under this

OF THE CLERK OF Section shall be imposed.
COURT (OCC),
The maximum penalty provided for under this
REGIONAL TRIAL
Section shall be imposed upon any person
COURT OF BIÑAN
who organizes, manages or acts as a
CITY, LAGUNA (RTC).
"financier" of any of the illegal activities
prescribed in this Section.
A.C. No. 9129,
January 31, 2018 - The penalty of twelve (12) years and one (1)
MARIA EVA DE MESA, day to twenty (20) years of imprisonment
Complainant, v. ATTY. and a fine ranging from One hundred
OLIVER O. OLAYBAL, thousand pesos (P100,000.00) to Five
Respondent. hundred thousand pesos (P500,000.00) shall
be imposed upon any person, who acts as a
A.C. No. 9067, "protector/coddler" of any violator of the
January 31, 2018 - provisions under this Section.
MARJORIE A.
3 Rep. Act No. 9165 (2002), sec. 11 provides:
APOLINAR-PETILO,
Complainant, v. ATTY.
Section 11. Possession of Dangerous Drugs.
ARISTEDES A.
— The penalty of life imprisonment to death
MARAMOT,
and a fine ranging from Five hundred
Respondent.
thousand pesos (P500,000.00) to Ten million
pesos (P10,000,000.00) shall be imposed
G.R. No. 229671,
upon any person, who, unless authorized by
January 31, 2018 -
law, shall possess any dangerous drug in the
PEOPLE OF THE
following quantities, regardless of the degree
PHILIPPINES, Plaintiff-
of purity thereof:
Appellee, v.
JOVENCITO MIRANDA (1) 10 grams or more of opium;
Y TIGAS, Accused- (2) 10 grams or more of
Appellant. morphine;
(3) 10 grams or more of heroin;
G.R. No. 207252, (4) 10 grams or more of cocaine
January 24, 2018 - or cocaine hydrochloride;
PHILIPPINE (5) 50 grams or more of
GEOTHERMAL, INC. methamphetamine hydrochloride
EMPLOYEES UNION or "shabu";
(PGIEU), Petitioner, v. (6) 10 grams or more of
CHEVRON marijuana resin or marijuana resin
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GEOTHERMAL PHILS. oil;

HOLDINGS, INC., (7) 500 grams or more of
Respondent. marijuana; and
(8) 10 grams or more of other
G.R. No. 225929, dangerous drugs such as, but not
January 24, 2018 - limited to,
JOSE V. GAMBITO, methylenedioxymethamphetamine
Petitioner, v. ADRIAN (MDA) or "ecstasy",
OSCAR Z. BACENA, paramethoxyamphetamine (PMA),
Respondent. trimethoxyamphetamine (TMA),
lysergic acid diethylamine (LSD),
G.R. No. 222159, gamma hydroxybutyrate (GHB),
January 31, 2018 - and those similarly designed or
PAZ E. REBADULLA, newly introduced drugs and their
PERRAIN E. derivatives, without having any
REBADULLA, JOCELYN therapeutic value or if the quantity
E. REBADULLA, possessed is far beyond
CLEVIS E. therapeutic requirements, as
REBADULLA, HAZEL R. determined and promulgated by
RIGUERA, ARIEL E. the Board in accordance to
REBADULLA,GIOVANNI Section 93, Article XI of this Act.
CLYDE E. REBADULLA,
Otherwise, if the quantity involved is less
ROEL E. STA. MARIA,
than the foregoing quantities, the penalties
KLEINER KYLE R. STA.
shall be graduated as follows:
MARIA, AND
KERSCHEL R. STA. (1) Life imprisonment and a fine
MARIA, Petitioners, v. ranging from Four hundred
REPUBLIC OF THE thousand pesos (P400,000.00) to
PHILIPPINES, THE Five hundred thousand pesos
SECRETARY OF (P500,000.00), if the quantity of
PUBLIC WORKS & methamphetamine hydrochloride
HIGHWAYS, AND or "shabu" is ten (10) grams or
ENGR. TOMAS L. more but less than fifty (50)
BUEN, PROJECT grams;
MANAGER, DPWH-
(2) Imprisonment of twenty (20)
PMO-SWIM PROJECT,
years and one (1) day to life
Respondents.; G.R.
imprisonment and a fine ranging
No. 222171, January
from Four hundred thousand
31, 2018 - REPUBLIC
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OF THE PHILIPPINES, pesos (P400,000.00) to Five

THE SECRETARY OF hundred thousand pesos
PUBLIC WORKS AND (P500,000.00), if the quantities of
HIGHWAYS, AND dangerous drugs are five (5)
ENGR. TOMAS L. grams or more but less than ten
BUEN, PROJECT (10) grams of opium, morphine,
MANAGER, DPWH- heroin, cocaine or cocaine
PMO-SWIM PROJECT, hydrochloride, marijuana resin or
Petitioners, v. PAZ E. marijuana resin oil,
REBADULLA, PERRAIN methamphetamine hydrochloride
E. REBADULLA, or "shabu", or other dangerous
JOCELYN E. drugs such as, but not limited to,
REBADULLA, CLEVIS MDMA or "ecstasy", PMA, TMA,
E. REBADULLA, PAZ R. LSD, GHB, and those similarly
STA. MARIA, designed or newly introduced
REPRESENTED BY HER drugs and their derivatives,
COMPULSORY HEIRS without having any therapeutic
HAZEL R. RIGUERA, value or if the quantity possessed
ARIEL E. REBADULLA, is far beyond therapeutic
GIOVANNI CLYDE E. requirements; or three hundred
REBADULLA, ROEL E. (300) grams or more but less than
STA. MARIA, KLEINER five hundred (500) grams of
KYLE R. STA. MARIA, marijuana; and
AND KERSCHEL R.
(3) Imprisonment of twelve (12)
STA. MARIA,
years and one (1) day to twenty
Respondents.
(20) years and a fine ranging from
Three hundred thousand pesos
G.R. No. 213945,
(P300,000.00) to Four hundred
January 24, 2018 -
thousand pesos (P400,000.00), if
LUCILA YARED AND
the quantities of dangerous drugs
HEIRS OF THE LATE
are less than five (5) grams of
ERNESTO YARED, SR.,
opium, morphine, heroin, cocaine
Petitioners, v. LAND
or cocaine hydrochloride,
BANK OF THE
marijuana resin or marijuana resin
PHILIPPINES,
oil, methamphetamine
Respondent.
hydrochloride or "shabu", or other
dangerous drugs such as, but not
G.R. No. 220103,
limited to, MDMA or "ecstasy",
January 31, 2018 -
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SAN MIGUEL FOODS, PMA, TMA, LSD, GHB, and those

INC., Petitioner, v. similarly designed or newly
HANNIVAL V. RIVERA, introduced drugs and their
JOVICELL B. FUJA, derivatives, without having any
ENCENARIO B. therapeutic value or if the quantity
CORONADO, JR., possessed is far beyond
LEYLANIE O. GULANE, therapeutic requirements; or less
JOSE PEDRO, REY than three hundred (300) grams
RELLOROSA, CHERRY of marijuana.
MAY BRAGA, ROGELIO
4 CA rollo, p. 26.
ALSONADO, JOHN DE
VERA, ALBERTO 5 Id.
DAGANIO, RHENE
PURA, EFREN 6 ld. at 27.
ESCOBIDO,
7 Id.
ALEXANDER D.
BUENAOBRA, SUSIE
8 Id. at 27-28.
VERIDIANO, ROBERTO
E. GERMAN, JR., 9 Id. at 28.
HERMAN B.
ESPANUEVA, JR., 10 Id. at 98.
MARIONITO D.
11 Id. at 28-29.
JUMAO-AS, ANTHONY
ANTONIO, JESSIE 12 Id. at 27.
GLENN DELA CRUZ,
SOFRONIO 13 Id. at 99-100.
SIMPORIOS, JR.,
14 Id. at 100-101.
RICHARD FLAUTA,
ENRIQUE BUNA, JOJIT
15 Id. at 26-39. The Judgment, docketed as
ORILLOSA, JONATHAN
Criminal Case Nos. 4943 (19810) & 4944
PENA, JENNIFER B.
(19811), was penned by Presiding Judge
CASTILLO, EDGARDO
Gregorio V. De La Pena III of Branch 12,
BARBACENA, JOSE
Regional Trial Court, Zamboanga City.
WARLITO INTING,
MICHAEL FLORES, 16 Id. at 38-39.
LEONCIO M. ISON,
ALEXANDER C. 17 Id. at 93-110.
ARELLANO,
18 Id. at 174-182 .
CARMELITO F.
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FUNTANBA, ALMARO 19Rollo, p. 24-A.

M. ROSEL, NORBERTO
20 Id. at 29-31.
PONCE B. PULIDO,
JR., ARIAMHER
21 Id. at 32-59.
OGANA, DOMINADOR
B. SALAZAR, 22 Rules of Court, Rule 133, sec. 2.
ANGELITO C.
TABUCOL, RENATO C. 23Macayan, Jr. y Malana v. People, 756 Phil.
ILLUSTRISIMO, 202, 213-241 (2015) [Per J. Leonen, Second
ROGELIO M. DE LEON, Division], citing CONST. art. III, sec. 1;
FELIPE P. GUILLANO, CONST. art. III, sec. 14 (2); People of the
AND SHIRLY M. Philippines v. Solayao, 330 Phil. 811, 819
TOLENTINO, (1996) [Per J. Romero, Second Division]; and
Respondents. Boac v. People of the Philippines, 591 Phil.
508 (2008) [Per J. Velasco, Jr., Second
A.M. No. RTJ-16- Division].
2470 (Formerly OCA
24People v. Morales, 630 Phil. 215, 228
IPI No. 12-3987-RTJ),
January 10, 2018 - (2010) [Per J. Del Castillo, Second Division],

PROSECUTOR LEO T. citing People v. Darisan, et al., 597 Phil. 479,

CAHANAP, 485 (2009) [Per J. Corona, First Division] and

Complainant, v. People v. Partoza, 605 Phil. 883, 890 (2009)

JUDGE LEONOR S. [Per J. Tinga, Second Division].

QUIÑONES, 25 Rep. Act No. 9165 (2002),sec. 21, par. 1-

REGIONAL TRIAL
3.
COURT, BRANCH 6,
ILIGAN CITY, LANAO 26 639 Phil. 134 (2010) [Per J. Mendoza,
DEL NORTE, Second Division].
Respondent.
27 Id. at 133, citing People v. Zaida Kamad,
G.R. No. 208197, 624 Phil. 289-312 [Per J. Brion, Second
January 10, 2018 - Division].
ARACELI MAYUGA,
28People v. Morales, 630 Phil. 215-236
SUBSTITUTED BY
(2010) [Per J. Del Castillo, Second Division].
MARILYN MAYUGA
SANTILLAN FOR AND 29 Id. at 229.
ON BEHALF OF ALL
THE HEIRS, Petitioner, 30 Id. citing People v. Laxa, 414 Phil. 156,
v. ANTONIO ATIENZA, 170 (2001) [Per J. Mendoza, Second
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REPRESENTING THE Division], as cited in People v. Orteza, G.R.

HEIRS OF ARMANDO* No. 173051, July 31, 2007, 528 SCRA 750,
ATIENZA; BENJAMIN 758 [Per J. Tinga, Second Division].
ATIENZA, JR.,
31 693 Phil. 476 (2012) [Per J. Bersamin,
REPRESENTING THE
HEIRS OF BENJAMIN First Division].

A. ATIENZA, SR., 32 Id. at 495-496.

Respondents.
33 576 Phil. 576 (2008) [Per J. Tinga, Second
G.R. No. 227395, Division].
January 10, 2018 -
34 Id. at 588-589.
PEOPLE OF THE
PHILIPPINES, Plaintiff-
35 G.R. No. 207992, August 11, 2014 <
Appellee, v. OSCAR
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GIMPAYA AND ROEL
file=/jurisprudence/2014/august2014/207992.pdf
GIMPAYA, ACCUSED,
> [Per J. Leonen, Third Division].
OSCAR GIMPAYA,
Accused-Appellant. 36 Id. at 10.

G.R. No. 229102, 37 633 Phil. 393, 401 (2010) [Per J. Perez,
January 29, 2018 - Second Division].
PEOPLE OF THE
38 Id. at 401.
PHILIPPINES, Plaintiff-
Appellee, v. PHILIP 39 624 Phil. 289 (2010). [Per J. Brion, Second
MAMANGON Y
Division].
ESPIRITU, Accused-
Appellant. 40 Id. at 311.

41 Id.
G.R. No. 210961,
January 24, 2018 -
42People v. Navarrete, 665 Phil. 738-749
LEO V. MAGO AND
(2011) [Per J. Carpio-Morales, Third
LEILANIE E.
Division]. See also People v. Ulat, 674 Phil.
COLOBONG,
484-501 (2011) [Per J. Leonardo-De Castro,
Petitioners, v. SUN
First Division].
POWER
MANUFACTURING 43 Id. at 748-749.
LIMITED, Respondent.
44 588 Phil. 395-407 (2008) [Per J. Tinga,
Second Division].
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G.R. No. 221862, 45 Id. at 403-406.

January 23, 2018 -
46 Rep. Act No. 10640 (2013).
GEN. EMMANUEL
BAUTISTA, IN HIS
47 Rep. Act No. 9165 (2002), sec. 21.
CAPACITY AS THE
CHIEF OF STAFF OF 48 Rep. Act No. 10640 (2013), sec. 1
THE ARMED FORCES
amending Rep. Act No. 9165 (2002), sec. 21.
OF THE PHILIPPINES
(AFP), GEN. EDUARDO 49 This is not entirely novel. The
AÑO, IN HIS Implementing Rules and Regulations of
CAPACITY AS Republic Act No. 9165 already stated it.
COMMANDING Nevertheless, even if it has been previously
OFFICER OF THE stated elsewhere, it now takes on a greater
INTELLIGENCE significance. It is no longer expressed merely
SERVICE OF THE in an administrative rule, but in a statute.
ARMED FORCES OF
50 Rep. Act No. 10640 (2013), sec. 1
THE PHILIPPINES
(ISAFP), GEN. amending Rep. Act No. 9165 (2002), sec. 21.

HERNANDO IRIBERRI, 51 G.R. No. 214490, January 13, 2016 <

IN HIS CAPACITY AS
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COMMANDING
file=/jurisprudence/2016/january2016/214490.pdf
GENERAL OF THE
> [Per J. Leonen, Second Division].
PHILIPPINE ARMY,
GEN. BENITO 52 Id. at 11-12.
ANTONIO T. DE LEON,
53 The buy-bust operation was conducted in
IN HIS CAPACITY AS
COMMANDING 2002.
GENERAL OF THE 5TH
54 639 Phil. 134-147 (2010) [Per J. Mendoza,
INFANTRY DIVISION,
Second Division].
AND PC/SUPT. MIGUEL
DE MAYO LAUREL, IN 55 Id. at 145-146.
HIS CAPACITY AS
CHIEF OF THE 56People v. Nandi, 639 Phil. 134-147 (2010)
ISABELA PROVINCIAL [Per J. Mendoza, Second Division].
POLICE OFFICE,
57 599 Phil. 416 (2009) [Per J. Brion, Second
Petitioners, v. ATTY.
MARIA CATHERINE Division].

DANNUG-SALUCON,
58 Id. at 429.
Respondent.
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59 Rep. Act No. 9165, sec. 21, par. 1.

60People v. Mendoza y Estrada, 736 Phil.

749-771 (2014) [Per J. Bersamin, First
Division].

61 Id.

62 Id. at 767-768.

63 CA rollo, p. 27.

64 Rep. Act No. 10640 (2013), sec. 21, par.

1.

65 G.R. No. 214490, January 13, 2016 <

http://sc.judiciary.gov.ph/pdf/web/viewer.html?
file=/jurisprudence/2016/january2016/214490.pdf
> [Per J. Leonen, Second Division].

66 Id. at 14.

67 See People v. Holgado, G.R. No. 207992,

August 11, 2014 <
http://sc.judiciary.gov.ph/pdf/web/viewer.html?
file=/jurisprudence/2014/august2014/207992.pdf
> [Per J. Leonen, Third Division].

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