This case has been cited 2 times or more.
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2014-03-12 |
LEONARDO-DE CASTRO, J. |
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| The Court already emphasized in People v. Zakaria[29] the importance of marking the seized item right after seizure: Crucial in proving the chain of custody is the marking of the seized dangerous drugs or other related items immediately after they are seized from the accused, for the marking upon seizure is the starting point in the custodial link that succeeding handlers of the evidence will use as reference point. Moreover, the value of marking of the evidence is to separate the marked evidence from the corpus of all other similar or related evidence from the time of seizure from the accused until disposition at the end of criminal proceedings, obviating switching, "planting" or contamination of evidence. A failure to mark at the time of taking of initial custody imperils the integrity of the chain of custody that the law requires. (Citation omitted.) | |||||
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2013-09-25 |
LEONARDO-DE CASTRO, J. |
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| The first crucial link in the chain of custody starts with the seizure from Enriquez of the dangerous drugs and its subsequent marking. Under the law, such marking should have been done immediately after confiscation and in the presence of the accused or his representative. While it is true that the items presented in court bore the initials of SPO2 David, who was also the poseur-buyer and primary apprehending officer, nowhere in the documentary and testimonial evidence of the prosecution can it be found when these items were actually marked and if they were marked in the presence of Enriquez or at least his representative. Emphasizing the importance of this first link, this Court in People v. Zakaria,[40] pronounced:Crucial in proving the chain of custody is the marking of the seized dangerous drugs or other related items immediately after they are seized from the accused, for the marking upon seizure is the starting point in the custodial link that succeeding handlers of the evidence will use as reference point. Moreover, the value of marking of the evidence is to separate the marked evidence from the corpus of all other similar or related evidence from the time of seizure from the accused until disposition at the end of criminal proceedings, obviating switching, "planting" or contamination of evidence. A failure to mark at the time of taking of initial custody imperils the integrity of the chain of custody that the law requires. (Citation omitted.) | |||||