People of the Philippines v Emma Pagsigan,

G.R. No. 232487, September 3, 2018

First Division, TIJAM

Chain of Custody in drugs cases need to be followed

strictly; Marking, Inventory, and Photograph must be
observed immediately after arrest;

Emma Pagsigan (Accused) appeals to the Court, assailing the

Decision of the CA and of the Lower Court, which convicted her
for violation of RA 9165. She was allegedly caught during a buy-
bust operation, but the facts would show that after her arrest,
marking was only done when she was brought to the barangay
hall. Also, she was not issued an inventory receipt and neither
were photographs taken during the happening of these events.

Was the Chain of Custody properly established? Is accused

entitled to an acquittal?

NO. The Chain of Custody was not complied with. It is basic

knowledge that the chain of custody in drugs cases need to be
followed strictly; failure of which would cast doubt on the very
corpus delicti of the crime. The fact that no inventory and
photographs were taken or made even when the markings were
made at the barangay hall, necessitates Accused’s acquittal.

Hence, accused was acquitted based on reasonable doubt.