Case review

Acquitted Case
PIU
People of the Philippines
SC No. 28590-91
VS

Anthony Azucena y Alvaran Viol. Sec. 5 & 11 of R.A. 9165

Presided by: HON Judge Allan S. Hilbero,

4th Judicial Region, Branch 176, RTC, Sta. Cruz, Laguna
 Case review

PNP Personnel Involved

Pat Roy Navarete - Arresting Officer

PCpl Ernesto Salvador Jr - Arresting Officer
PMSg Benito Maranan Jr- Investigator-on-Case
 Case review
Court Decision
REASON FOR THE ACQUITTAL
THE PROSECUTION FAILED TO ESTABLISH THAT THE INTEGRITY AND EVIDENTIARY VALUE OF THE SEIZED ITEMS WERE
PRESERVED.

AS TO THE CHAIN OF CUSTODY –

FIRST LINK : SEIZURE AND MARKING OF THE ILLEGAL DRUG RECOVERED FROM THE ACCUSED BY THE APPREHENDING
-- NO EVIDENCE WAS ESTABLISHED TO SHOW THAT THE KAGAWAD AND MEDIA REPRESENTATIVE ACTUALLY WITNESSED
THE SEIZURED FROM THE ACCUSED.

THIRD LINK: TURN-OVER BY THE INVESTIGATING OFFICER OF THE ILLEGAL DRUGS TO THE FORENSIC CHEMIST
-- PAT NAVARETE TURNED OVER THE SEIZED ITEMS TO PMSG BENITO MARANAN , THE INVESTIGATOR ON CASE THEN
PMSG MARANAN TURNED OVER THE SAME TO PSSG TORRED. HOWEVER, NEITHER FORENSIC CHEMIST JANGALAY NOR
PSSG TORRED WAS PRESENTED TO SHOW HOW THE SEIZED DRUGS WERE TURNED OVER FROM PAT NAVARETE TO
PMSG MARANAN, THEN FROM PMSG MARANAN TO PSSG TORRED, AND FINALLY, FROM PSSG TORRED TO FORENSIC
CHEMIST JANGALAY.

FOURTH LINK: TURNED OVER OF THE MARKED ILLEGAL DRUGS BY THE FORENSIC CHEMIST TO THE COURT

FORENSIC CHEMIST DID NOT TESTIFY ON HOW THE DRUGS WERE KEPT WHILE THOSE WERE IN HIS CUSTODY. INSTEAD
THEY WERE ENTERED INTO GENERAL STIPULATION.

CONSIDERING THE UNCERTAINTIES AS TO THE IDENTITY OF THE SEIZED DRUGS, THIS COURT HOLDS THAT THE
PROSECUTION FAILED TO PROVE THE PRESENCE OF ELEMENTS OF THE CRIME CHARGED.

WHEREFORE, ANTHONY AZUCENA Y ALVARAN, ACCUSED, IS ACQUITTED ON REASONABLE DOUBT.

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Court Decision
PNP EXPLANATION
AS TO 1ST LINK: THE COURT DID NOT APPRECIATE THE FACTS THAT THE BRGY KAGAWAD AND MEDIA REPRESENTATIVE
WERE PRESENT NOT ONLY DURING THE PHYSICAL INVENTORY OF THE SEIZED DRUGS BUT ALSO DURING THE ACTUAL
BUY-BUST OPERATION. EVIDENCED BY PHOTOS TAKEN DURING INVENTORY AND COPY OF INVENTORY WHICH SHOWS
THAT THE REQUIRED WITNESESS HAD RECEIVED AND SIGNED ON THE BOTTOM OF THE SAID INVENTORY.

2ND LINK WAS PROPERLY COMPLIED.

THE CHAIN OF CUSTODY WAS BROKEN IN THE 3RD LINK : NEITHER FORENSIC CHEMIST JANGALAY NOR PSSG TORRED
HAVE PRESENTED TO SHOW HOW THE SEIZED DRUGS WERE TURNED OVER FROM PAT NAVARETE TO PMSG MARANAN,
THEN FROM PMSG MARANAN TO PSSG TORRED, AND FINALLY, FROM PSSG TORRED TO FORENSIC CHEMIST JANGALAY.

4TH LINK : FORENSIC CHEMIST DID NOT TESTIFY ON HOW THE DRUGS WERE KEPT WHILE THOSE WERE IN HIS CUSTODY.
INSTEAD THEY WERE ENTERED INTO GENERAL STIPULATION. THE TRIAL PROSECUTOR SHOULD ADDRESS THIS ISSUE
BECAUSE IT IS BEYOND THE DUTY OF ARRESTING OFFICERS.

IN SUM, THE ARRESTING OFFICERS AND INVESTIGATOR-ON-CASE EARNESTLY EXERTED EFFORTS TO PROSECUTE THE
CASE BUT THERE WERE SOME FACTORS BEYOND THEIR DUTY.
Physical inventory of seized items at the presence of Media representative
and Brgy. Kagawad
INVENTORY OF CONFISCATED EVIDENCE FROM THE ACCUSED