G.R. No. 181747
People vs. Narciso Lopez Agulay
September 26, 2008
Facts:
Lower Courts found accused appellant guilty of illegal sale and illegal
possession of methamphetamine hydrochloride.
Accused-appellants questioned the means and method the police undertook
the operation and the credibility of the prosecution witness.
Ruling:
The dissent maintains that the chain of
custody rule "would include testimony about every link in the chain, from
the moment the item was picked up to the time it is offered into evidence x x
x." This means that all persons who came into contact with the seized
drugs should testify in court; otherwise, the unbroken chain of custody would
not be established.
The Court disagree. Not all people who came
into contact with the seized drugs are required to testify in court.
The integrity of the evidence is presumed to be
preserved unless there is a showing of bad faith, ill will, or proof that the
evidence has been tampered with. The accused-appellant in this case bears the
burden to make some showing that the evidence was tampered or meddled with to
overcome a presumption of regularity in the handling of exhibits by public
officers and a presumption that public officers properly discharged their
duties.
After a thorough review of the records of the case, the court found that
the chain of custody of the seized substance was not broken and that the
prosecution did not fail to identify properly the drugs seized in this case.
The non-presentation of witnesses of other persons such as the evidence
custodian and the officer on duty was not a crucial point against the prosecution.
Unless there was proof to the contrary, the entries in the
documents are prima facie evidence of the facts therein stated and they need not
testify thereon.
The Court found accused appellant guilty of the illegal sale of drugs
but not of the possession of dangerous drugs on account
of the second and third sachets alleged to have been retrieved from him after
the sale of the first since it could not be done so without being properly
charged therewith.
