Michael Tañamor y Acibo Vs. People of the Philippines G.R. No. 228132. March 11, 2020

Michael Tañamor y Acibo Vs. People of the Philippines G.R. No. 228132. March 11, 2020

Caguioa

https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/66109

Issues
The sole issue for the Court's resolution is whether the lower courts erred in convicting petitioner for violating Section 5, Article II of RA 9165. The phrase "immediately after seizure and confiscation" means that the physical inventory and photographing of the drugs must be at the place of apprehension and/or seizure. Using the language of the Court in People v. Mendoza, without the insulating presence of the representative from the media or the DOJ and any elected public official during the seizure and marking of the drugs, the evils of switching, "planting" or contamination of the evidence that had tainted the buy-busts conducted under the regime of RA 6425 (Dangerous Drugs Act of 1972) again reared their ugly heads as to negate the integrity and credibility of the seizure and confiscation of the subject sachet that was evidence of the corpus delicti, and thus adversely affected the trustworthiness of the incrimination of the accused. The presence of the three witnesses must be secured not only during the inventory but more importantly at the time of the warrantless arrest.

Decisions
WHEREFORE, in view of the foregoing, the Petition is hereby GRANTED. The Decision dated April 27, 2016 of the Court of Appeals in CA-G.R. CEB CR-HC No. 02070 is hereby REVERSED and SET ASIDE. Accordingly, petitioner Michael Tañamor y Acibo is ACQUITTED of the crime charged on the ground of reasonable doubt, and is ORDERED IMMEDIATELY RELEASED from detention unless he is being lawfully held for another cause. Let an entry of final judgment be issued immediately.

Let a copy of this Decision be furnished the Superintendent of the New Bilibid Prison, Muntinlupa City, for immediate implementation. The said Superintendent is ORDERED to REPORT to this Court within five (5) days from receipt of this Decision the action he has taken.