November 27, 2019

FACTS

On January 16,2016, accussed-appellant was arrested

for Illegal sale and Illegal Possession of Dangerous
Drugs. Operatives from Anti-Illegal Drug- Special
Operation task group of the Valenzuela City police
conducted a buy bust operation after receiving an
information that accussed-appellant was said to be in
possession of illegal drugs. They recovered two plastic
sachet of crystalline substance and were tested positive
for shabu. The officers brought accused-appellant to
the police station where they allegedly marked,
inventoried and photographed the seized items.

ISSUE

Whether or not accussed-appellant is liable for illegal

sale and illegal possession of dangerous drugs

HELD

No, the CA reversed and set aside the decision of RTC

Valenzuela in finding the accused guilty beyond
reasonable doubt. The accused, appealed that there
was a non-compliance in the chain of custody. Police
officers failed to immediately mark the items at the
place of arrest without reasonable ground makes the
evidence inadmissible. As a defense, they
accomplished the marking, inventory and
photography at the police station. However the CA
observes that there is still deviation from the witness
requirement as the conduct. Of inventory and
photography was not witnessed by a representative or
media. Police officers stated that there was no
available at the time of arrest. The court finds that they
fail to show earnest effort to comply with the said
requirement. Therefore, CA acquitted, Xandra
Littaua from violation of Illegal sale and illegal
possession of dangerous drugs.