Casilag v People, GR No. 213523 [Case Digest]

 

Casilag v People,

GR No. 213523

Facts:

                        PO1 Ramos, PSI Gutierrez and Police officer de Leon of San Pedro Municipal Police Station were conducting a monitoring and surveillance operation of persons involved in illegal drug activities. While walking towards an alley, PO1 Ramos notice the 2 men taking to each other; one of them holding a transparent plastic sachet which show it to the other.  Ramos approached them but the 2 run away but Ramos catch the one holing the two plastic sachets.  Ramos then seized and marked the sachets as MC-1 and MC-2 and informed him of his constitutional rights. They then brought him to their police station where his identity was confirmed as Michael Casilag, herein appellant.

            After investigation, they brought appellant to the Municipal Health Center where he underwent physical examination. Thereafter, they prepared a Certificate of lnventory and photographed appellant and the seized sachets. They then prepared a Request for Laboratory Examination of the specimen contained in the seized sachets and sent them to PNP Crime Lab. Laboratory test yielded positive results for Methamphetamine Hydrochloride.

            RTC convicted Casilag of the crime charged. CA affirmed the decision of RTC in toto.

 

Issue:

            Whether the RTC and the CA erred in convicting Casilag of the crime charged

 

Held:

            YES. In the present case, what militates against a finding of guilt beyond reasonable doubt for Casilag is the failure of the prosecution's version to pass the test of credibility.

            The markings on the confiscated items are crucial because, according to POI Ramos, they only found out that the name of the man holding the plastic sachet was "Michael Casilag" later on in the police station. Yet, the markings on the seized items - which, to recall, were placed immediately at the place of the arrest - were "MC-I" and "MC-2." "MC" stands for the initials of the accused: Michael Casilag.    

                When Ramos was interrogated by the defense cormsel about the "MC" markings in the seized items, POI Ramos conveniently pointed to PO Gutierrez. This version that it was PO Gutierrez who knew of Casilag's name is inconsistent with PO de Leon's testimony that he and PO Gutierrez were running after the other man and that only PO1 Ramos conducted the arrest of Casilag along with the marking of the seized items.

 

 

è In the present case, only a representative from the media was present in the conduct of the  Inventory, as shown by the Certification of Inventory dated April 16, 2010 wherein only Mr. Nick Luares from The Laguna Expose Star signed as a witness to the inventory.

 

 

 

è In People v. Malana, 28 the Court emphasized that the presence of the required witnesses at the time of the inventory is mandatory, and that the law imposes the said requirement because their presence serves an essential purpose, i.e., to protect against the possibility of planting, contamination, or loss of the seized drug.

 

è Court is not unaware that, in some instances, law enforcers resort to the practice of planting evidence to extract information or even to harass civilians.