CASE 2019-0049 PEOPLE OF THE PHILIPPINES VS. XANDRA SANTOS Y LITTAUA A.K.A. “XANDRA SANTOS LITTAUA” (G.R. NO. 243627. NOVEMBER 27, 2019, PERLAS-BERNABE, J.) (SUBJECT/S: DANGEROUS DRUGS) (BRIEF TITLE: PEOPLE VS XANDRA SANTOS)
DISPOSITIVE:
SUBJECTS/DOCTRINES/DIGEST:
WHAT HAPPENED IN THIS CASE?
THE MARKING OF THE ALLEGED DRUGS WAS NOT IMMEDIATELY DONE AT THE PLACE OF ARREST NOR WAS THE INVENTORY OF THE SAME WITNESSED BY A REPRESENTATIVE OF THE MEDIA OR THE NATIONAL PROSECUTION SERVICE.
WHO SHALL WITNESS THE CONDUCT OF INVENTORY AND PHOTOGRAPHING?
IS THE CHAIN OF CUSTODY PROCEDURE SUBSTANTIVE OR JUST PROCEDURAL TECHNICALITY?
SUBSTANTIVE BECAUSE IT IS A SAFETY PRECAUTION TO ADDRESS POTENTIAL POLICE ABUSES.
WHAT IS THE EXCEPTION TO FOLLOWING THE CHAIN OF CUSTODY PROCEDURE?
WHEN THERE IS JUSTIFIABLE GROUND FOR NON-COMPLIANCE AND WHEN THE INTEGRITY AND EVIDENTIARY VALUE OF THE OBJECTS ARE PRESERVED.
WHAT ARE SOME EXAMPLES OF JUSTIFIABLE GROUNDS OF NON-COMPLIANCE?
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SCD-2019-0049-People of the Philippines Vs. Xandra Santos y Littaua a.k.a. “Xandra Santos Littaua”
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