G.R. No.

220142

PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. RONALD SUATING Y SAYON

ALIAS "BOK", ACCUSED-APPELLANT.

DECISION

LEONEN, J.:

Only the police testified for the prosecution. The actual poseur - buyer was not presented,
and the police officers were 10 meters away. The alleged contraband was laid out on the table
when the barangay official came. There was no testimony on the chain of custody from the
attesting officers to the persons who tested the alleged contraband.

In contrast, the accused presented five (5) witnesses from the community to prove that the
alleged contraband was not taken from the accused, and that no buy-bust operation
occurred. The accused testified that when he was searched, they only found two pesos and
fifty centavos (P2.50) on his person.

Yet, the trial court and the Court of Appeals were willing to send this accused to a life in
prison and to impose a fine of P500,000.00 for allegedly selling a stick of marijuana.

We reverse. Efforts of law enforcers to go after the real drug syndicates are undermined by
these obviously fictitious arrests. All it accomplishes is alienate our people, enable corrupt
law enforcers, and undermine the confidence of our people—especially those who are
impoverished and underprivileged—on our court's ability to do justice.

Courts must exercise "heightened scrutiny, consistent with the requirement of proof beyond
reasonable doubt, in evaluating cases involving miniscule amounts of drugs for these can be
readily planted and tampered."1

This Court resolves an Appeal2 filed by Ronald Suating y Sayon, alias "Bok" (Suating), from
the Decision3 of the Court of Appeals in CA-GR CEB HC No. 01702 which affirmed the
Regional Trial Court4 ruling that he was guilty beyond reasonable doubt of Illegal Sale and
Illegal Possession of Dangerous Drugs.5
Two separate (2) Informations were filed against Suating for violations of Sections 56 and 117
of Republic Act No. 9165,8 otherwise known as the Comprehensive Dangerous Drugs Act of
2002. The charging portions of the Informations provided:

Criminal Case No. 8451-69

"

That on November 9, 2011 in Silay City, Negros Occidental, Philippines, and within the
jurisdiction of this Honorable Court, the above named accused, did then and there willfully,
unlawfully and feloniously sell one large stick of marijuana cigarette marked as BOK-1, a
prohibited drug to an asset of the Silay City PNP posing as a poseur - buyer in exchange for
three 3 twenty peso bills with serial numbers RS65451 (sic), RT180921, and RT395576 all
marked with the underline in the last digit of each serial numbers. CONTRARY TO LAW .

"

Criminal Case No. 8452-69

"

That on November 9, 2011 in Silay City, Negros Occidental, Philippines, and within the
jurisdiction of this Honorable Court, the above-named accused, did then and there willfully,
unlawfully and feloniously have in possession and control one (1) large rolled stick of
Marijuana cigarette with a total weight of 0.14 grams marked as BOK-2, a prohibited drug
without any license or permit to possess the same. CONTRARY TO LAW. 9

"

Upon arraignment, Suating pleaded not guilty to the charges.10 Joint trial on the merits
commenced.11

The testimonies of the witnesses12 for the prosecution corroborated the following account of
events:

Acting on a tip from concerned constituents and barangay officials, the Philippine National
Police of Silay City (PNP Silay) effected a surveillance to verify whether or not Suating was
selling marijuana within the area of Barangay Mambulac Elementary School.13 After several
test buys, the Information against Suating was confirmed.14
In coordination with the Regional Office of the Philippine Drug Enforcement Agency (PDEA)
in Iloilo City, the police officers planned a buy-bust operation. They prepared three (3) P20.00
bills with serial numbers RS654551, RT180921, and RT395576. As marking, they underlined
the last digit of each bill's serial number. They subscribed to the marked money before City
Prosecutor Ma. Lisa Lorraine Atotubo, and the use of the same was entered in their blotter
book under entry number 01723.15

Before the buy-bust operation, a short briefing commenced. PO2 Reynaldo Bernil (PO2
Bernil) handed the marked money to a confidential asset who was the designated poseur -
buyer.16

On the afternoon of November 9, 2011,17 the operation ensued.

The poseur - buyer went to the premises of Barangay Mambulac Elementary School, ahead of
the police officers.18 Shortly thereafter, he called PO2 Bernil when Suating was already
"within his sight."19 The rest of the police officers followed, positioning themselves
approximately 10 meters away from the area of operation and about 50 meters away from the
school.20

PO2 Bernil was the point person of the entrapment. He saw the poseur - buyer approach
Suating and engage in a short conversation with him. He also witnessed when Suating left
the area of operation, only to return to the poseur - buyer after a few minutes. While Suating
and the poseur - buyer were talking, the latter took out the marked money from his pocket
and gave it to Suating. In exchange, Suating handed unknown articles suspected to be
marijuana.21

After the sale, the poseur - buyer left the area. He proceeded to where PO2 Bernil was in
order to surrender the large stick of suspected marijuana cigarette bought from Suating. PO2
Bernil then handed the item to PO2 Ian Libo-on (PO2 Libo-on), who marked it with "BOK-1."22

PO2 Bernil and the other police officers immediately moved towards Suating and restrained
his hands. After introducing themselves as persons of authority, they apprehended Suating
and informed him of his constitutional rights. Suating's father, along with the other
unidentified individuals, attempted to stop the arrest but to no avail.23

Thereafter, the police officers brought Suating to a police station in Silay City, and proceeded
to conduct a body search on him in the presence of Kagawad Jose Junsay of Barangay
Mambulac. Found in his possession were the marked money used during the operation,
together with another large rolled cigarette stick of suspected marijuana, which was marked
"BOK-2" by PO2 Libo-on.24
In the presence of an elected official, the police officers inventoried and photographed the
confiscated items. After the request letter was prepared, the items were brought to the PNP
Crime Laboratory25 of the Negros Occidental Police Provincial Office in Bacolod City.26
Under Chemistry Report No. D-217-2011, Forensic Officer Paul Jerome Puentespina (Forensic
Officer Puentespina) examined the seized illicit drugs, which yielded positive for
marijuana.27

On the other hand, Suating denied all charges against him and claimed that he was merely
framed by the police.28

Suating detailed in his testimony, which the witnesses corroborated,29 that he was allegedly
buying fish in the flea market of Barangay Mambulac30 on the day of the buy-bust operation,
when a police officer suddenly apprehended him. The police officer brought him to a room in
Silay City Police Station where they asked him certain questions. When Barangay Kagawad
Junsay arrived, Suating was frisked. However, they were only able to recover two pesos and
fifty centavos (P2.50) from his possession. Thereafter, the police officers took his photo,
made him sign a document, and later brought him to the Negros Occidental Police Provincial
Office where he was made to urinate in a disposable cup.31

The Regional Trial Court convicted Suating of the charges.32

The Regional Trial Court did not find merit in Suating's contention that the buy-bust
operation did not happen,33 specifying how Suating was apprehended through a well-
planned entrapment, which was conducted after monitoring and validation by the police
officers.34

The Regional Trial Court found the testimonies of police officers Bernil and Libo-on to be
"detailed and straightforward."35 Hinging on the presumption of regularity in the
performance of their official duties, and in the absence of any convincing proof that they
have ill intent to falsely testify against Suating, the trial court upheld the testimonies of the
arresting officers.36 The dispositive portion of the trial court Decision read:

WHEREFORE, PREMISES CONSIDERED:

In Criminal Case No. 8451-69, this Court finds accused, Ronald Suating y Sayon a.k.a. "Bok",
GUILTY beyond any reasonable doubt of Violation of Section 5 , Article II of Republic Act No.
9165, otherwise known as the "Comprehensive Dangerous Drugs Act of 2002", as his guilt
was proven by the prosecution beyond any reasonable doubt.
Accordingly, this Court sentences accused , Ronald Suating y Sayon a.k.a "Bok ", to suffer
the penalty of Life Imprisonment, the same to be served by him at the National Bilibid Prison,
Muntinlupa City, Province of Rizal.

Accused named is, further, ordered by this Court to pay a fine of Five Hundred Thousand
(P500,000.00) Pesos, Philippine Currency.

In Criminal Case No. 8452-69 , this Court finds accused, Ronald Suating y Sayon a.k.a. "Bok",
GUILTY beyond any reasonable doubt of Violation of Section 11, Article II of Republic Act No.
9165, otherwise known as the "Comprehensive Dangerous Drugs Act of 2002 ", as his guilt
was proven by the prosecution beyond any reasonable doubt.

Accordingly , and in application of the pertinent provisions of the Indeterminate Sentence

Law , this Court sentences accused, Ronald Suating y Sayon a.k.a. "Bok", to suffer the
penalty of imprisonment for a period of sic from TWELVE (12) YEARS AND ONE (1) DAY TO
FOURTEEN (14) YEARS , the same to be served by him at the National Bilibid Prison,
Muntinlupa City, Province of Rizal.

Accused named is, further, ordered by this Court to pay a fine of Three Hundred Thousand
(P300,000.00) Pesos, Philippine Currency.

The two (2) rolled sticks of marijuana cigarettes (Exhibits "H-1" and "H-2", prosecution) are
ordered remitted to the office of the Philippine Drug Enforcement Agency (PDEA) at Negros
Occidental Provincial Police Office (NOPPO), Camp Alfredo Montelibano, Sr., Bacolod City,
for proper disposition.

In the service of the sentences imposed on him by this Court, accused named shall be given
full credit for the entire period of his detention pending trial.

NO COSTS.

SO ORDERED.

On appeal,38 Suating assailed his conviction, asserting that the trial court was mistaken in
relying on the weakness of his defense. He insisted that the prosecution failed to establish
his guilt beyond reasonable doubt, as the identity of the confiscated illicit drugs were not
sufficiently proven due to non-conformity with the provisions of Section 21 of Republic Act
No. 9165.39

The Court of Appeals ruled against Suating.40

It held that the illegal sale transaction was effectively completed when Suating gave the hand
rolled marijuana cigarette to the poseur - buyer in exchange for the marked money. As to the
elements of illegal possession of dangerous drugs, Suating failed to persuade that he had
legal authority to possess the marijuana cigarette found when he was frisked.41 Moreover,
his previous act of selling marijuana to the poseur buyer showed his intention to "freely and
consciously "42 possess illicit drugs.43

Relative to the alleged non-conformity with the chain of custody, the Court of Appeals
underscored that the prosecution was able to prove that there was "no gap or confusion in
the confiscation, handling, custody and examination"44 of the confiscated illicit drugs. The
dispositive portion of its Decision read:

WHEREFORE, the appeal is DISMISSED. The Decision dated July 29, 2013 of the Regional
Trial Court, Branch 69 of Silay City, in Criminal Case No. 8451-69 to 8452-69, is hereby
AFFIRMED.

SO ORDERED.45 (Emphasis in the original)

Hence, this appeal.46

On July 27, 2015, the Court of Appeals forwarded the records of this case to this Court47
pursuant to its June 10, 2015 Resolution which gave due course to Suating's Notice of
Appeal.48

In its November 11, 2015 Resolution,49 this Court noted the records forwarded by the Court
of Appeals. In the same Resolution, the parties were required to file their Supplemental Briefs
within 30 days from notice, should they desire to do so. Both parties manifested that they no
longer intend to file Supplemental Briefs.50

For this Court's resolution is whether or not the guilt of Suating was proven beyond
reasonable doubt. Subsumed in the resolution of this issue is whether or not the police
officers complied with the chain of custody as provided for under Section 21 of Republic Act
No. 9165 and its Implementing Rules.
Suating maintains his innocence.51

While he concedes that the defense of frame-up and denial is weak, he asserts that this
cannot be utilized to further the prosecution's cause, as the latter's evidence "must stand or
fall on its own weight and cannot be allowed to draw strength from the weakness of his
defense."52

Contrary to the ruling of the Court of Appeals,53 Suating claims that the prosecution failed to
establish the illegal sale of illicit drugs. Arguing that the police officers were 10 meters away
from the area of operation, he insists that it would be impossible for them to observe or even
hear what transpired during the alleged transaction.54 He then questions why the
prosecution failed to present the poseur - buyer as witness when only the latter can best
ascertain the necessary details surrounding the sale.55

As to the chain of custody in handling the seized illicit drugs, Suating underscores the
following irregularities on the part of the police officers:56

First, he points out that the marking of the large stick of marijuana cigarette was done neither
in his presence nor in the presence of third-party witnesses.57 Moreover, Suating
emphasizes that during the inventory, the confiscated illicit drugs were already laid down on
the table when the barangay officials came.58 Hence, they have no personal knowledge on
how the items were taken from his possession.59

Second, he also stresses that since the body search was belatedly undertaken, there is a
possibility that the second item might have been merely planted by the police.60

Lastly, Suating also stresses his misgivings on whether or not the articles allegedly seized
from him were the same ones tested by the forensic chemist in the first place, and eventually,
the ones presented in court. He posits that the records failed to provide details on who
handled the confiscated illicit drugs after examination and up to the moment they were
offered as evidence in court.61

On the other hand, the Office of the Solicitor General62 insists that the statements of PO2
Bernil, who had the opportunity to observe the sale from a distance, duly substantiated the
identities of both the buyer and seller.63 That even if the actual dialogue cannot be heard, the
actions of both the accused and the poseur - buyer supports the conclusion that the sale of
illicit drugs did happen.64
The Office of the Solicitor General also underscores that the testimony of the poseur - buyer
is neither necessary for conviction nor crucial to a plausible prosecution of the charges. With
the statements made by the police officers, the testimony of the poseur - buyer is only
corroborative.65

As to the alleged broken chain of custody, the Office of the Solicitor General claims that PO2
Bernil and PO2 Libo-on were able to ascertain the identities of the marked seized illicit drugs.
Further, non-conformity with Section 21 of Republic Act No. 9165 does not immediately
render the apprehension of an accused as illegal, or the articles seized inadmissible.66

Finally, it argues that the defense of frame-up necessarily involves the assessment of the
credibility and statements of witnesses. It underscores that, as an often repeated rule that
higher courts mostly accede to the evaluation of trial courts, which have the opportunity to
hear and observe the actuations of witnesses during the proceedings.67

This Court rules in favor of Suating.

Every criminal proceeding begins with the constitutionally safeguarded presumption that the
accused is innocent, which can only be overturn by proof beyond reasonable doubt.68 The
prosecution has the burden of proof. It must not depend on the weakness of the defense;
rather, it must depend on the strength of its own cause.69

Proof beyond reasonable doubt, "or that quantum of proof sufficient to produce a moral
certainty that would convince and satisfy the conscience of those who act in judgment," is
crucial in overthrowing the presumption of innocence.70 In the event that the prosecution
falls short of meeting the standard of evidence called for, it would be needless for the
defense to offer evidence on its behalf.71 The presumption of innocence stands, and the
accused is accordingly acquitted of the charge.72

In order to guarantee a conviction for illegal sale of dangerous drugs, the prosecution must
prove the following:

(1) The identity of the buyer and the seller , the object of the sale and its consideration; and
(2) the delivery of the thing sold and the payment therefor.73

In sum, the occurrence of the sale should be established.

Moreover, the object of the deal should also be offered as evidence and must similarly be
proven as the same one confiscated from the accused.74

As to the illegal possession of dangerous drugs, the following elements should be

ascertained:

1 The accused was in possession of dangerous drugs; 2 such possession was not
authorized by law; and 3 the accused was freely and consciously aware of being in
possession of dangerous drugs.75

In both cases, the confiscated illicit drugs from the accused comprises the corpus delicti of
the charges,76 "i.e., the body or substance of the crime which establishes that a crime has
actually been committed."77 It is of paramount importance to maintain the integrity and the
identity of the corpus delicti. Thus, the chain of custody rule warrants that "unnecessary
doubts concerning the identity of the evidence are removed."78

The chain of custody is "the duly recorded authorized movements and custody of seized
drugs. . . of each stage, from the time of seizure or confiscation to receipt in the forensic
laboratory to safekeeping to presentation in court for destruction."79 As a means of verifying
evidence, it demands "that the admission of an exhibit be preceded by [Proof sufficient to
support a finding that the matter in question is what the proponent claims it to be."80
Accordingly, the prosecution must be able to monitor each of the following links in the chain
of custody over the illicit drugs:

First , the seizure and marking, if practicable, of the illegal drug recovered from the accused
by the apprehending officer;

Second, the turnover of the illegal drug seized by the apprehending officer to the
investigating officer;

Third, the turnover by the investigating officer of the illegal drug to the forensic chemist for
laboratory examination; and

Fourth, the turnover and submission of the marked illegal drug seized by the forensic
chemist to the court.81 (Emphasis supplied, citation omitted)
In this case, a prearranged police entrapment led to Suating's apprehension. However,
despite a carefully planned and coordinated buy-bust operation, there were still irregularities
committed in the course of the entrapment, which caused apparent lapses to the chain of
custody rule.82

For this reason, the identity of the corpus delicti was not duly established beyond reasonable
doubt. We are no longer certain whether or not the miniscule quantities of 0.1583 and 0.14
grams84 of marijuana, presented as evidence against Suating in court, were the very same
ones allegedly confiscated from him.

II

The apprehension of Suating and the consequent seizure of illegal drugs in his possession
were due to a buy-bust operation conducted by the police officers, after prior surveillance
and investigation.85 Although this type of operation has been recognized to be effective in
eliminating unlawful dealings that are covertly undertaken, it has a notable "downside that
has not escaped the attention of the framers of the law."86 Buy-bust operations are
vulnerable "to police abuse, the most notorious of which is its use as a tool for extortion."87

Accordingly, police officers are mandated to strictly observe the procedure for confiscation
and custody of prohibited drugs under Republic Act No. 9165.88 The initial procedural
safeguard89 under Article II, Section 2190 thereof provides:

-1

The apprehending team having initial custody and control of the drugs shall, immediately
after seizure and confiscation, physically inventory and photograph the same in the presence
of the accused or the person/s from whom such items were confiscated and/or seized, or
his/her representative or counsel, a representative from the media and the Department of
Justice (DOJ), and any elected public official who shall be required to sign the copies of the
inventory and be given a copy thereof;91 (Emphasis and underscoring supplied)

In effecting the provisions of Republic Act No. 9165, the Implementing Rules and
Regulations92 read:

a)
The apprehending officer/team having initial custody and control of the drugs shall ,
immediately after seizure and confiscation , physically inventory and photograph the same in
the presence of the accused or the person/s from whom such items were confiscated and/or
seized, or his/her representative or counsel, a representative from the media and the
Department of Justice (DOJ), and any elected public official who shall be required to sign the
copies of the inventory and be given a copy thereof: Provided, that the physical inventory
and photograph shall be conducted at the place where the search warrant is served; or at the
nearest police station or at the nearest office of the apprehending officer/team, whichever is
practicable, in case of warrantless seizures; Provided, furtlter, that non-compliance with
these requirements under justifiable grounds, as long as the integrity and the evidentiary
value of the seized items are properly preserved by the apprehending officer/team, shall not
render void and invalid such seizures of and custody over said items;93 (Emphasis and
underscoring supplied)

Notwithstanding the mandatory directive of the law as construed from its use of the word
"shall,"94 the police officers miserably failed to comply with the specific procedures in
handling the seized marijuana cigarettes allegedly taken from accused-appellant.

The initial link in the chain of custody is the marking of the confiscated illicit drugs. Marking
precludes any contamination, switching or planting of evidence. Through it, the evidence is
separated from the corpus of other similar and correlated evidence, starting from
confiscation until its disposal at the close of criminal proceedings.95 To be at par with the
rule on the chain of custody, the marking of the confiscated articles should be undertaken:
(1) in the presence of the accused; and (2) immediately upon seizure.96 This effectively
guarantees that the articles seized "are the same items that entered the chain and are
eventually the ones offered in evidence. "97

In this case, the prosecution offered no reason as to why the marking of the seized marijuana
labelled "BOK-1" was not immediately done after confiscation, but rather only after a
considerable lapse of time, thereto when the poseur buyer was able to leave the area of
operation:, away from the sight of the accused. Moreover, they particularly failed to explain
why the police officers could not have promptly marked the item in the presence of Suating,
if only to remove any uncertainty that the marijuana cigarette marked by PO2 Libo-on, and
later subjected to laboratory testing, was the very same one allegedly sold by the accused to
the poseur - buyer.98 Here, an apparent break in the chain of custody already existed before
the item was even marked.

Additionally, the prosecution's failure to present the poseur - buyer is prejudicial to their
cause.99 To emphasize, the negotiations during the assailed transaction was intimately
between the poseur buyer and Suating. PO2 Bernil, whose exact location from the area of
operation was not specifically stated, was merely observing from a distance.100 Considering
that the poseur buyer was the one who has personal knowledge of the illegal sale transaction
since he was the one who conducted the same, his testimony is not merely corroborative to
that of the police officers.101 The quantity of dangerous drugs here is "so small that the
reason for not presenting the poseur- buyer does not square with such a miniscule
amount."102

Moreover, this Court observed that while there was a narration that the confiscated items
were inventoried and photographed in the police station,103 it is not, however, clear104
whether such procedures were done in the presence of the required third-party witnesses. To
underscore, the prosecution's narrative in the Court of Appeals' Decision states that both the
inventory and photograph of the confiscated articles were undertaken before "an elected
public official."105 However, in the Appellee's Brief, the mandatory procedures were
allegedly made "in the presence of Hon. Ireneo Celis and the Barangay Kagawad."106

The inconsistencies in the prosecution's narration of events points out that the required
attendance of representatives (from both the media and the Department of Justice) during the
inventory and photographing was not faithfully complied with, despite having more than
enough time to secure their presence during preparation of the allegedly well-planned
entrapment. Although their absence does not per se make the seized articles inadmissible as
evidence, the prosecution must prove that it has acceptable reason for such failure, or a
showing that it exerted "genuine and sufficient effort" to secure their presence,107 which, in
this case, the prosecution failed to do.

The attendance of third-party witnesses is called for in order "to ensure that the chain of
custody rule is observed and thus, it removes any suspicion of tampering, switching,
planting, or contamination of evidence which could considerably affect a case. "108 Even
assuming that the inventory and photographing of the seized articles were made in the
presence of two (2) elected public officials-still, the superfluity cannot justify the absence of
the other required personalities therein.

With the glaring lapses committed by the police officers, which inevitably tainted the integrity
and evidentiary value of the seized illicit drugs, we cannot help but subscribe to Suating 's
contention that there is a possibility that the marijuana stick allegedly confiscated from his
possession was merely planted, considering that the body search was belatedly done at the
police station and only after more than an hour from his apprehension.109

Finally, the prosecution's narration of facts ended when the confiscated articles were
examined by Forensic Officer Puentespina, whose findings under Chemistry Report No. D-
217-2011 provided that the items yielded positive for marijuana.110 This finding, however,
leaves the following questions unresolved: (1) did the confiscated drugs remain under
Forensic Officer Puentespina's custody; and (2) were they conveyed to some other place
until their presentation in court as evidence? The lack of details on the post-chemical
examination custody111 of the confiscated illicit drugs creates another substantial gap in the
chain of custody rule, particularly on the must accounted "turnover and submission of the
marked illegal drug seized by the forensic chemist to the court."112
Section 21, Article II of Republic Act No. 9165 "is a matter of substantive law, and cannot be
brushed aside as a simple procedural technicality; or worse, ignored as an impediment to the
conviction of illegal drug suspects."113 Moreover, it "spells out matters that are
imperative."114 Even performing actions, which seemingly near compliance but do not really
conform to its requisites, is not enough.115 More so, "when the prosecution claims that the
seizure of drugs is the result of carefully planned operations, as is the case here."116

In addition, the prosecution cannot merely assert the saving clause under the Implementing
Rules and Regulations of Republic Act No. 9165. Non-confonnity with Section 21 of Republic
Act No. 9165 is certainly not fatal to the cause of the prosecution, as long as the lapses
committed by police officers in the handling of evidence were "recognized and explained in
terms of their justifiable grounds and the integrity and evidentiary value of the evidence
seized must be shown to have also been preserved."117

However, these requirements were not present in this case, since the prosecution, to begin
with, failed to acknowledge that there were lapses committed by police officers while dealing
with the custody of the seized illicit drugs. These irregularities created major gaps in the
chain of custody rule, which, if remained unjustified, is prejudicial to the claim of the
prosecution.118

To emphasize, only 0.15 119 and 0.14 grams120 of marijuana were confiscated from accused-
appellant. For this reason, courts must exercise "heightened scrutiny, consistent with the
requirement of proof beyond reasonable doubt, in evaluating cases involving miniscule
amounts of drugs, for these can be readily planted and tampered. " 121

III

Contrary to the rulings of both the trial122 and appellate court,123 the presumption of
regularity in the performance of official duties cannot stand in favor of the police officers on
account of the glaring lapses committed in handling the seized illicit drugs. To underscore,
this presumption is neither definite nor conclusive. By itself, it cannot overturn the
constitutional safeguarded presumption of innocence.124 When the assailed official act "is
irregular on its face, as in this case, an adverse presumption arises as a matter of course.
"125

From the standpoint of the accused, we concede that his defense126 of denial and frame-up
is weak.127 In our jurisdiction, these defenses, "like alibis, have been viewed with disfavor
for these can easily be concocted and are common defense ploy s in most prosecutions for
violation of the Dangerous Drugs Act."128 However, this cannot strengthen or aid the case of
the prosecution. "If the prosecution cannot establish, in the first place, the appellant's guilt
beyond reasonable doubt, the need for the defense to adduce evidence in its behalf in fact
never arises. "129 Additionally, "however weak the defense evidence might be, the
prosecution's whole case still falls. " 130

Considering that non-conformity with Section 21 equates to "failure in establishing the

identity of corpus delicti, which is an essential element"131 of the charges, Suating's
acquittal is therefore in order.

WHEREFORE, the Court of Appeals' December 22, 2014 Decision in CA-GR CEB HC No.
01702 is REVERSED and SET ASIDE. Accused-appellant Ronald Suating y Sayon is hereby
ACQUITTED for failure of the prosecution to prove his guilt beyond reasonable doubt. He is
ordered to be immediately RELEASED from detention, unless he is confined for any other
lawful cause.

Let a copy of this Decision be furnished to the Director of the Bureau of Corrections for
immediate implementation. The Director of the Bureau of Corrections is directed to report the
action he has taken to this Court within five (5) days from receipt of this Decision. For their
information, copies shall also be furnished to the Director General of the Philippine National
Police and the Director General of the Philippine Drug Enforcement Agency.

The Regional Trial Court is directed to turn over the two (2) sticks of marijuana cigarettes
subject of this case to the Dangerous Drugs Board for destruction in accordance with law.

SO ORDERED.