CASE 2018-0026: PEOPLE OF THE PHILIPPINES VS JAYSON TORIO Y PARAGAS (G.R. NO. 225780, 03 DEC 2018, DEL CASTILLO, J.) (SUBJECT/S: THE RULE ON CHAIN OF CUSTODY; WHAT TO PROVE IN ILLEGAL DRUG POSSESSION; WHAT TO PROVE IN SALE OF ILLEGAL DRUGS) (BRIEF TITLE: PEOPLE VS TORIO).

 

IN THIS CASE,  AN ACCUSED CONVICTED OF POSSESSION AND SALE OF ILLEGAL DRUGS WAS DECLARED NOT GUILTY BY THE SUPREME COURT. FIND OUT WHY.

 

DISPOSITIVE:

 

“WHEREFORE, the appeal is GRANTED. The Decision dated September 29, 2015 of the Court of Appeals in CA-G.R. CR-HC No. 06473 is hereby REVERSED and SET ASIDE. Accordingly, appellant Jayson Torio y Paragas is ACQUITTED of the charges of violation of Sections 5 and 11, Article II of Republic Act No. 9165 for failure of the prosecution to prove his guilt beyond reasonable doubt. He is ordered to be immediately released from detention, unless he is being lawfully held in custody for any other reason.

 

Let a copy of this Decision be furnished the Director of the Bureau of Corrections, Muntinlupa City for immediate implementation and who is then directed to report to this Court the action he has taken within five days from his receipt of this Decision.

 

SO ORDERED.”

 

SUBJECTS/DOCTRINES/DIGEST:

 

WHY WAS THE ACCUSED DECLARED NOT GUILTY BY THE SUPREME COURT?

 

BECAUSE THE PROCEDURE FOR PHYSICAL INVENTORY AND TAKING OF PHOTOGRAPH OF THE SEIZED ITEMS WAS NOT FOLLOWED.

 

PRIOR TO THE ENACTMENT OF RA 10640 IN 2014, THE PHYSICAL INVENTORY AND TAKING OF PHOTOGRAPH OF THE SEIZED ITEMS MUST BE WITNESSED BY THE FOLLOWING PERSONS: (A) ANY ELECTED PUBLIC OFFICIAL; (B) A DOJ REPRESENTATIVE; AND ( C) A MEDIA REPRESENTATIVE.

           

IN THIS CASE THE PROSECUTION FAILED TO ESTABLISH THAT THE PHYSICAL INVENTORY AND TAKING OF PHOTOGRAPH WERE MADE IN THE PRESENCE OF THE APPELLANT OR HIS REPRESENTATIVE, AS WELL AS REPRESENTATIVES FROM THE DOJ AND MEDIA.

 

CAN THIS 3 WITNESS RULE BE EXCUSED?

 

YES PROVIDED  THE PROSECUTION PROVES THAT THE ARRESTING OFFICERS EXERTED GENUINE EFFORTS TO SECURE THE PRESENCE OF SUCH WITNESSES, ALBEIT THEY EVENTUALLY FAILED TO APPEAR. ·

               

TO SECURE A CONVICTION FOR ILLEGAL SALE OF DANGEROUS DRUGS UNDER SECTION 5, ARTICLE II OF RA 9165, WHAT SHOULD THE PROSECUTION PROVE?

 

THE PROSECUTION MUST PROVE:

 

A) THE IDENTITIES OF THE BUYER AND THE SELLER;

 

B) THE DELIVERY OF THE DRUGS, AND

 

C) THE PAYMENT IN CONSIDERATION THEREOF.

 

HOW ABOUT IN CASES OF ILLEGAL POSSESSION OF DANGEROUS DRUGS, WHAT MUST THE PROSECUTION PROVE UNDER SECTION 11, ARTICLE II OF RA 9165?

 

THE PROSECUTION MUST PROVE:

 

A) THAT THE THE ACCUSED WAS IN POSSESSION OF DANGERONS DRUGS;

 

B) THAT SUCH POSSESSION WAS NOT AUTHORIZED BY LAW[;] AND

 

C) THE ACCUSED WAS FREELY ANDCONSCIOUSLY AWARE OF BEING IN POSSESSION OF DANGEROUS DRUGS.”

 

TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW.

 

SCD-2018-0026-PEOPLE OF THE PHILIPPINES VS JAYSON TORIO Y PARAGAS 

 

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