CASE 2016-0084: PEOPLE OF THE PHILIPPINES VERSUS BIYAN MOHAMMAD Y ASDORI A.K.A. “BONG BIYAN” AND MINA LADJAHASAN Y TOMBREO, ACCUSED, MINA LADJAHASAN Y TOMBREO, (G.R. NO. 213221, 09 NOV 2016, PERALTA, J.) (SUBJECT/S: STRICT COMPLIANCE ON THE CHAIN OF CUSTODY RULE IS NOT REQUIRED IN DRUG CASES) (BRIEF TITLE: PEOPLE VS MOHAMMAD ET AL)
DISPOSITIVE:
“WHEREFORE, the instant appeal is DISMISSED. The April 30, 2014 Decision of the Court of Appeals in CA-G.R. CR-H.C. No. 01131, which affirmed the October 16, 2012 Decision of the Regional Trial Court of Zamboanga City, Branch 13, finding accused-appellant Mina Ladjahasan y Tombreo guilty beyond reasonable doubt of violating Sections 5 and 12, Article II of Republic Act No. 9165, is AFFIRMED. Costs against accused appellant.
SO ORDERED.”
SUBJECTS/DOCTRINES/DIGEST:
“Moreover, it has been consistently held that strict compliance on the chain of custody rule is not required and that the arrest of an accused will not be invalidated and the items seized from him rendered inadmissible on the sole ground of non-compliance with Sec. 21, Art. II of RA No. 9165 and its Implementing Rules and Regulations. The most important factor in the determination of the guilt or innocence of the accused is the preservation of the integrity and evidentiary value of the seized items.9 Here, the prosecution was able to establish with moral certainty and prove to the court beyond reasonable doubt that the illegal drugs (and drug paraphernalia) presented to the trial court as evidence are the same items confiscated from the accused, tested and found to be positive for dangerous substance.”
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