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    3-Y PP Vs Altantor

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    Shaine Aira Arellano
    The Court found that the chain of custody requirements under Section 21 of R.A. 9165 were not properly followed. Specifically, the inventory of seized drugs was conducted at the barangay hall instead of the nearest police station, and representatives from the media and Department of Justice were not present as required. Additionally, the photographs submitted as evidence did not show the seized drugs or appellant. These breaches in protocol cast doubt on the identity and integrity of the evidence against the appellant, warranting an acquittal.

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    3-Y PP Vs Altantor

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    Shaine Aira Arellano
    47 views2 pages
    The Court found that the chain of custody requirements under Section 21 of R.A. 9165 were not properly followed. Specifically, the inventory of seized drugs was conducted at the barangay hall instead of the nearest police station, and representatives from the media and Department of Justice were not present as required. Additionally, the photographs submitted as evidence did not show the seized drugs or appellant. These breaches in protocol cast doubt on the identity and integrity of the evidence against the appellant, warranting an acquittal.

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    3-Y Pp vs Altantor

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    The Court found that the chain of custody requirements under Section 21 of R.A. 9165 were not properly followed. Specifically, the inventory of seized drugs was conducted at the barangay hall instead of the nearest police station, and representatives from the media and Department of Justice were not present as required. Additionally, the photographs submitted as evidence did not show the seized drugs or appellant. These breaches in protocol cast doubt on the identity and integrity of the evidence against the appellant, warranting an acquittal.

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    47 views2 pages

    3-Y PP Vs Altantor

    Uploaded by

    Shaine Aira Arellano
    The Court found that the chain of custody requirements under Section 21 of R.A. 9165 were not properly followed. Specifically, the inventory of seized drugs was conducted at the barangay hall instead of the nearest police station, and representatives from the media and Department of Justice were not present as required. Additionally, the photographs submitted as evidence did not show the seized drugs or appellant. These breaches in protocol cast doubt on the identity and integrity of the evidence against the appellant, warranting an acquittal.

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    G.R. No.

    225789 July 29, 2019


    PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee
    vs.
    ALTANTOR DELA TORRE, Accused-Appellant

    FACTS:

    Through a buy-bust operation composing of the local police


    force of Dagupan City, accused Altantor was arrested for selling and
    delivering to a customer Shabu, contrary to Article II, Section 5, of
    R.A. 9165.

    PO3 Calimlim, being the poseur-buyer, allegedly confirmed


    the consummation of the crime, and SPO1 Ferrer, the arresting
    officer, immediately seized the accused. PO3 Calimlim marked the
    seized items immediately and brought it to the Barangay Hall of
    Magsaysay together with the accused. With the presence of two (2)
    barangay kagawads, SPO1 Ferrer inventoried the seized items. PO3
    Calimlim personally delivered the seized items to the crime
    laboratory and subsequently found to be positive for shabu.

    RTC rendered a verdict of conviction.

    On appeal, appellant alleged non-compliance with the chain


    of custody requirement. However, CA affirmed the RTC decision.

    Thus, this petition before the Supreme Court.

    ISSUE:
    Whether or not, the CA erred in affirming the RTC’s verdict of
    conviction despite the attendant procedural deficiencies.

    RULING OF THE COURT:

    The court granted the petition, reversed and set aside the CA
    decision.

    Section 21 of R.A. 9165 prescribes for the standard in


    preserving the corpus delicti in illegal drug case, viz:

    Section 21. Custody and Disposition of Confiscated, Seized,


    and/or Surrendered Dangerous Drugs, Plant Sources of Dangerous
    Drugs, Controlled Precursors and Essential Chemicals,
    Instruments/paraphernalia and/or Laboratory Equipment. – The
    PDEA shall take charge and have custody of all dangerous drugs,
    plant sources of dangerous drug, controlled precursors and essential
    chemicals, as well as, instruments/paraphernalia and/or laboratory
    equipment so confiscated, seized and/or surrendered, for proper
    disposition in the following manner:

    (1) The apprehending team having initial custody and control


    of the drug 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, and any
    elected public official who shall be required to sign the
    copies of the inventory and be given a copy thereof;

    xxx

    The chain of custody had been breached in several instances.

    First, the venue for marking the inventory was not properly
    complied with. The inventory was conducted at the barangay hall,
    without any explanation as to the distance from the nearest police
    station or nearest office of the apprehending team.

    Second, PO3 Calimlim and SPO1 Ferrer both testified that


    there was neither a representative from the media nor from the
    DOJ during the conduct of the post-operation procedures. Such
    representatives must be present, as mandated by the law. Failure
    to comply with this requirement shall result in the acquittal of the
    accused.

    Finally, the photograph requirement was not complied at all.


    The prosecution has offered in evidence 2 photographs; however, it
    does not contain the seized item neither the appearance of the
    appellant nor the witnesses.

    Indeed, the repeated breach of the chain of custody rule had


    cast serious uncertainty on the identity and integrity of the corpus
    delicti. Therefore, a verdict of acquittal was in order.

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