People of the Philippines vs Jayson Merando Aves G.R. No. 232620. August 05, 2019

People of the Philippines vs Jayson Merando Aves

G.R. No. 232620, August 05, 2019

Marvic Leonen

Unjustified noncompliance with the chain of custody procedure will shroud in doubt the identity and integrity of the dangerous drug allegedly seized. When there is reasonable doubt, an accused's acquittal must ensue.

The sole issue for this Court's resolution is whether or not the Court of Appeals correctly upheld the conviction of accused-appellant Jayson Merando y Aves for violating Article II, Section 5 of the Comprehensive Dangerous Drugs Act.

(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;

(2) Within twenty-four (24) hours upon confiscation/seizure of dangerous drugs, plant sources of dangerous drugs, controlled precursors and essential chemicals, as well as instruments/paraphernalia and/or laboratory equipment, the same shall be submitted to the PDEA Forensic Laboratory for a qualitative and quantitative examination[.]

Nevertheless, the Implementing Rules and Regulations of Republic Act No. 9165 states that noncompliance with the law's requirements may be allowed as long as the arresting officers offer a justifiable ground and prove that the integrity and evidentiary value of the seized items, despite noncompliance, have been properly preserved. They merely relied on the presumption that unless there was contrary evidence indicating ill motive on their part, they were presumed to have performed their duties in a regular manner. However, this presumption arises only when no facts exist suggesting that the arresting officers deviated from the standard conduct of official duty. It will not be applied when their official act is irregular on its face.

WHEREFORE, the April 26, 2017 Decision of the Court of Appeals in CA-G.R. CR HC No. 08123 is REVERSED and SET ASIDE. Accused-appellant Jayson Merando y Aves is ACQUITTED for the prosecution's failure to prove his guilt beyond reasonable doubt. He is ordered immediately RELEASED from detention unless he is confined for some 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 to this Court the action he has taken within five (5) days from receipt of this Decision. Copies shall also be furnished to the Director General of the Philippine National Police and the Director General of the Philippine Drug Enforcement Agency for their information.

Let entry of final judgment be issued immediately.