University of Makati School of Law | Criminal Law II

Case Digest By: Remuel Torres | Reviewed By:

PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. EANNA O’COCHLAIN, accused-appellant.

CRIMES RELATIVE TO OPIUM AND OTHER PROHIBITED DRUGS
PEOPLE VS. O’COCHLAIN
December 10, 2018 G.R. No. 229071 PERALTA, J.
Recit Ready Synopsis

This case is an appeal from the decision of the CA which affirmed the decision of the RTC
Laoag in 2013, who found the accused, Eanna O'Cochlain, guilty of violating RA 9165 or the
Comprehensive Dangerous Drugs Act of 2002.

In the final security checkpoint inside the Laoag City International Airport, the Security Screening
Officer conducted a pat down search on the accused, a 53-yearl old Irish national married to a
Filipina. Two rolled sticks of dried marijuana leaves, weighing less than a gram was seized from
his possession. Eanna was charged with and convicted of illegal possession of marijuana under
Section 11, Article II of R.A. 9165, or The Comprehensive Dangerous Drugs Act of 2002.

The accused contends that the two sticks of rolled paper allegedly containing marijuana were
not marked, inventoried, and photographed immediately upon confiscation. He argued that non-
compliance with the chain of custody rule under Section 21 of R.A. 9165 renders the evidence
inadmissible and should have automatically destroyed the case.

ISSUE/S:
1. Whether or not the non-compliance with the requirements of the chain of custody rule
renders the evidence inadmissible that would automatically destroy the prosecution’s
case
2. Whether or not the warrantless search and seizure at the airport premises was valid

RULING
1. NO. Non-compliance with the requirements of the law is not automatically fatal to the
prosecution’s case and the accused may still be held guilty of the offense charged.
Quoting People vs. Del Monte [575 Phil 576 (2008)], the Court ratiocinated: “Under
Section 3 of Rule 128 of the Rules of Court, evidence is admissible when it is relevant to
the issue and is not excluded by the law or these rules. For evidence to be inadmissible
there should be a law or rule which forbids its reception. If there is no such law or rule,
the evidence must be admitted subject only to the evidentiary weight that will be accorded
to it by the courts.” There is no law or rule that will bring about the non-admissibility of the
confiscated and/or seized drugs due to non-compliance with Section 21 of the Republic
Act No. 9165. The issue, therefore, if there is non-compliance, is not of admissibility, but
of weight – evidentiary merit or probative value – to be given by the court on such
evidence, which depends on the circumstances obtaining in the case.

2. YES. In general, airport screening search is a constitutionally reasonable administrative

 University of Makati School of Law | Criminal Law II
Case Digest By: Remuel Torres | Reviewed By:

search. The search and seizure of an illegal drug during a routine airport inspection made
pursuant to the aviation security procedures has been sustained by this Court in a
number of cases. However, the instant case does not qualify as a legitimate
administrative search in an airport. What was seized from the accused were illegal drugs,
not explosive, flammable, corrosive or poisonous substances or materials, or dangerous
elements or devices that may be used to commit hijacking or acts of terrorism. Airport
search is reasonable when limited in scope to the object of the Anti-Hijacking program,
not the war on illegal drugs.

Nonetheless, there is a valid consented warrantless search in this case. The

constitutional immunity against unreasonable searches and seizures is a personal right
which may be waived. A person may voluntarily consent to have government officials
conduct a search or seizure that would otherwise be barred by the Constitution. Section
2, Article III of the Constitution does not proscribe voluntary cooperation.

The Court found that there was a valid warrantless search based on express consent.
The request to frisk the accused was orally articulated to him in such language that left no
room for doubt that he fully understood what was requested. The accused verbally replied
to the request demonstrating that he also understood the nature and consequences of the
request. It was also reasonable to assume that Eanna is an educated and intelligent man
since he a 53-year-old working professional (claimed to be employed or attached to a
drug addiction center) and a well-travelled man who knew his right against unreasonable
searches or that he intentionally conceded the same.

His subsequent arrest without warrant, was justified since it was affected upon the
discovery and recovery of an illegal drug in his person in flagrante delicto.

Legal Provisions/Concepts/Doctrines and How Applied to the Case

Chain of Custody Rule;

To establish a chain of custody sufficient to make evidence admissible, the proponent needs only
to prove a rational basis from which to conclude that the evidence is what the party claims it to be.
—The chain of custody rule is but a variation of the principle that real evidence must be
authenticated prior to its admission into evidence. To establish a chain of custody sufficient to
make evidence admissible, the proponent needs only to prove a rational basis from which to
conclude that the evidence is what the party claims it to be. In a criminal case, the prosecution
must offer sufficient evidence from which the trier of fact could reasonably believe that an item still
is what the government claims it to be. As regards the prosecution of illegal drugs, the well-
established US federal evidentiary rule is when the evidence is not readily identifiable and is
susceptible to alteration by tampering or contamination, courts require a more stringent foundation
entailing a chain of custody of the item with sufficient completeness to render it improbable that
the original item has either been exchanged with another or been contaminated or tampered with.
This evidentiary rule was adopted in Malillin v. People, 553 SCRA 619 (2008), where this Court
also discussed how, ideally, the chain of custody of seized items should be established.
 University of Makati School of Law | Criminal Law II
Case Digest By: Remuel Torres | Reviewed By:

FACTS

ISSUE

RULING

DISPOSITIVE
WHEREFORE, premises considered, the February 9, 2016 Decision and the July 21, 2016
Resolution of the Court of Appeals in C.A.-G.R. CR No. 36412, which affirmed the November 22,
2013 Decision of the Regional Trial Court, Branch 13, Laoag City, in Criminal Case No. 15585-
13, finding accused-appellant Eanna O’Cochlain guilty for violation of Section 11, Article II of
Republic Act No. 9165, are AFFIRMED.
OTHER NOTES