This case has been cited 1 times or more.
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2014-01-22 |
REYES, J. |
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| Similarly, in Fajardo v. People,[34] the prosecution failed to establish that the plastic sachets containing shabu were marked in the presence of the accused therein; the individual who actually brought the confiscated plastic sachets to the PNP Crime Laboratory for examination was also not identified by the prosecution. The Court likewise acquitted the accused therein, ruling that: Another phase of the first link to the chain of custody is the marking of seized items. The rule requires that it should be done in the presence of the apprehended violator and immediately upon confiscation to ensure that they are the same items that enter the chain and are eventually the ones offered in evidence. Evidently, the marking was not done at the scene of the crime. In fact, PO1 Bernardo testified that it was an investigator of the crime laboratory, whose name he cannot recall, who made the markings. Indeed, PO1 Bernardo could not explain the actual markings. | |||||