Lindongan v People (UDK-16615, February 15, 2021)

 Amroding Lindongan y Ampatua v People of the Philippines

UDK-16615, February 15, 2021

Perlas-Bernabe, J.:

Facts:

        Lindongan was charged with illegal sale of drugs (in violation of Sec 5, Art II, RA 9165) in December 21, 2009. 

        Prosecution: The drug enforcement unit of Urdaneta City arranged a buy bust operation at 2AM of that day after receiving a tip from a confidential informant. After the exchange of the suspected drugs and marked money, the police arrested Lindongan, apprised him of his rights, brought him to the police station, completed the inventory, and the crime laboratory confirmed that the package contained 0.054g of Shabu. They also asked the Barangay Captain to sign the Confiscation Receipt but the latter rejected this.

        Defense: At 6PM of December 20, a black car arrived at their village and police officers stepped out of the car and frisked Lindongan in front of his house without informing him the reason for the frisk and brought him to the police station.

Issue:

Held: Petition is granted. Lindongan is acquitted.

There were lapses in the chain of custody and witness requirement in drugs-related cases (RA 9165 as amended by RA 10640).

Lapses:

1.  The inventory and photography of the seized items were conducted only in Lindongan's presence 

2. There were no representatives from the media, DOJ and elected public official.

Important: The law requires the proper chain of custody and witness requirement for drug-related cases.

1. Chain of Custody

General Rule: the marking, physical inventory, and photography of the seized items be conducted immediately after seizure and confiscation of the same.

Exemption: prove that:

a. there is a justifiable ground for non-compliance

 b. the integrity and evidentiary value of the seized items are properly preserved  

2. Witness requirement

 General Rule: inventory and photography be done in the presence of the accused or his representative or counsel, as well as: 

a. prior to RA 10640 (July 22, 2014) - media and DOJ and elected public official.

b.  after RA 10640 (July 22, 2014) - elected public official and National Prosecution Service or media

Exemption: arresting officers exerted genuine and sufficient efforts to secure the presence of such witnesses, albeit they eventually failed to appear.