This case has been cited 1 times or more.
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2015-02-25 |
DEL CASTILLO, J. |
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| In any event, it is "settled that an accused may still be found guilty, despite the failure to faithfully observe the requirements provided under Section 21 of R.A. [No.] 9165, for as long as the chain of custody remains unbroken."[17] Here, it is beyond cavil that the prosecution was able to establish the necessary links in the chain of custody of the subject specimen from the moment it was seized from appellant up to the time it was presented during trial as proof of the corpus delicti. As aptly observed by the CA: [T]he contention of appellant that the police officers failed to comply with the provisions of paragraph 1, Section 21 of R.A. No. 9165 for the proper procedure in the custody and disposition of the seized drugs, is untenable. Record shows that PO2 Coronel marked the confiscated sachet of "shabu" at the police station and in the presence of appellant and the duty investigator. PO2 Coronel clarified that the reason why he marked the said "shabu" at the police station and not at the scene of the crime was because the place where they transacted was dark. Thus, it is only proper to preserve the confiscated item and mark it in a lighted and safe place which is at the police station. Then, the said "shabu" was properly turned over to the duty investigator, together with the marked money. Afterwards, the alleged "shabu" was brought to the forensic chemist for examination. Likewise, the members of the buy-bust team executed their affidavits of arrest immediately after appellant was apprehended and at the trial, PO2 Coronel positively identified the seized drugs. Indeed, the prosecution evidence had established the unbroken chain of custody of the seized drugs from the buy-bust team, to the investigating officer and to the forensic chemist. Thus, there is no doubt that the "shabu" presented before the court a quo was the same "shabu" seized from appellant and that indeed, he committed the crime charged in the information.[18] | |||||