People v Rivera, GR No. 252886 [Case Digest]

 

People v Rivera,

GR No. 252886

Facts:

            Rivera together with one Estanislao had been arrested during a buy-bust operation. The officers recovered the marked money, other items and drug paraphernalia. PO3 Basang conducted the marking, inventory, and photography of the seized items at the place of arrest and in the presence of accused-appellants, Barangay Captain Enriquez Cruz, Vice Mayor Fabian Cadiz, and a representative from the media. Subsequently, accused-appellants and the seized items, which were in the custody of PO3 Basang, were brought to the police station, where the necessary paperworks were prepared. Upon qualitative examination, the seized items tested positive for methamphetamine hydrochloride or shabu, a dangerous drug.

 

Issue:

            Whether or not the accused are guilty beyond reasonable doubt of the crime charged.

 

Held:

            NO. The accused to be convicted of the crime charged against them, the chain of custody must be strictly observed.  It held that the chain of custody has four links: first, the seizure and marking, if practicable, of the illegal drug recovered from the accused by the apprehending officer; second, the turnover of the illegal drug seized by the apprehending officer to the investigating officer; third, the turnover by the investigating officer of the illegal drug to the forensic chemist for laboratory examination; and fourth, the turnover and submission of the marked illegal drug seized by the forensic chemist to the court.

 

In this particular case, the court noted that the prosecution failed to follow the requirement for the fourth link, which case law provides that “it is of paramount necessity that the forensic chemist testifies on the details pertaining to the handling and analysis of the dangerous drugs submitted for examination, i.e,. when and from whom the dangerous drug was received; what identifying labels or other things accompanied it; description of the specimen; and the container it was in.  Further, the forensic chemist must also identify the name and method of analysis used in determining the chemical composition of the subject specimen.”