PEOPLE V ABETONG, G.R. No.

209785, June 4, 2014

FACTS: PO3 Perez received an information that a certain “Cano” was selling drugs in his. Inspector Lorilla
then called a briefing for a buy-bust operation where PO3 Perez as designated as the poseur-buyer.
After receiving the plastic sachet, PO3 Perez introduced himself as a police officer and arrest of the four
individuals.

RTC found accused-appellant guilty of violation of Section 5 of RA 9165. CA affirmed.

ISSUES:

1. Whether or not the prosecution was able to establish an unbroken chain of custody over the
drug evidence.

2. Whether or not presumption of regularity in the performance of duty of the police officers has
been overturned.

HELD:

1. No. PO3 Perez admitted that he put the confiscated item in the evidence locker and then
brought them to Ompoy at the crime laboratory. During this three-day interval, the items were
allegedly kept inside the locker to which only Inspector Lorilla has the key. As the lone key
holder only he could have testified that no one else obtained the key from him.
2. Yes. The Court held that, in this case, the prosecution cannot skirt the issue of the broken chain
of custody by relying on the presumption of regularity. Any taint of irregularity affects the whole
performance and should make the presumption unavailable.