People v. Addin y Maddan
People v. Addin y Maddan
People v. Addin y Maddan
DECISION
HERNANDO, J : p
witnesses, specifically a representative from the DOJ, the media, and any
elected public official, at the time of the physical inventory and the taking of
photographs of the confiscated items. In case the said representatives are
absent, this Court held that:
[I]t must be alleged and proved that the presence of the three
witnesses to the physical inventory and photograph of the illegal drug
seized was not obtained due to reason/s such as:
(1) their attendance was impossible because the
place of arrest was a remote area; (2) their safety
during the inventory and photograph of the seized
drugs was threatened by an immediate retaliatory
action [from] the accused or any person/s acting
for and in his/her behalf; (3) the elected official[s]
themselves were involved in the punishable acts
sought to be apprehended; (4) earnest efforts to
secure the presence of a DOJ or media
representative and an elected public official within
the period required under Article 125 of the
Revised Penal Code prove[d] futile through no fault
of the arresting officers, who face[d] the threat of
being charged with arbitrary detention; or (5) time
constraints and urgency of the anti-drug
operations, which often rely on tips of confidential
assets, prevented the law enforcers from obtaining
the presence of the required witnesses even
before the offenders could escape. 57
Aside from this, jurisprudence states that there should be evidence to
show that earnest efforts were employed by the prosecution in order to
secure the attendance of the necessary witnesses in accordance with
Section 21, Article II of RA 9165. Thus, the case of Ramos v. People 58 is
instructive:
[I]t is well to note that the absence of these required witnesses does
n o t per se render the confiscated items inadmissible. However, a
justifiable reason for such failure or a showing of any genuine and
sufficient effort to secure the required witnesses under Section
21 of RA [No.] 9165 must be adduced. In People v. Umipang , the
Court held that the prosecution must show that earnest efforts
were employed in contacting the representatives enumerated under
the law for a 'sheer statement that representatives were unavailable
without so much as an explanation on whether serious attempts were
employed to look for other representatives, given the circumstances
is to be regarded as a flimsy excuse.' Verily, mere statements of
unavailability, absent actual serious attempts to contact the required
witnesses are unacceptable as justified grounds for non-compliance.
These considerations arise from the fact that police officers are
ordinarily given sufficient time — beginning from the moment they
have received the information about the activities of the accused until
the time of his arrest — to prepare for a buy-bust operation and
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consequently, make the necessary arrangements beforehand
knowing full well that they would have to strictly comply with the set
procedure prescribed in Section 21 of RA 9165. As such, police
officers are compelled not only to state reasons for their non-
compliance, but must in fact, also convince the Court that
they exerted earnest efforts to comply with the mandated
procedure, and that under the given circumstances, their
actions were reasonable.
In view of these, it should be reiterated that "in the event that the
presence of the essential witnesses was not obtained, the prosecution must
establish not only the reasons for their absence, but also the fact that
serious and sincere efforts were exerted in securing their presence. Failure
to disclose the justification for non-compliance with the requirements and the
lack of evidence of serious attempts to secure the presence of the necessary
witnesses result in a substantial gap in the chain of custody of evidence that
shall adversely affect the authenticity of the prohibited substance presented
in court." 59
In the case at bench, the prosecution failed to at least allege and then
prove any specific reason to explain the absence of the representative from
the DOJ and any elected public official present during the taking of inventory
and photographs. There was no attempt at all to justify the absence of these
witnesses, especially given that they had sufficient time to plan the buy-bust
operation even if it was conducted at nighttime. Surely, while planning, they
could have exerted efforts to request for the attendance of the required
witnesses during the inventory. If nobody was available, the police officers
could have adequately explained it on paper or even during the trial of the
case.
Withal, at most, the explanation given by the police officers pertained
only to why they conducted the inventory and took the photographs at the
police station instead of at the place of operation or arrest, and did not touch
on the reason for the absence of the required witnesses. Additionally, the
police officers did not show that they exerted earnest efforts to secure the
presence of the other required representatives.
Indeed, there was no justifiable ground advanced by the prosecution to
excuse the absence of the said representatives. Relevantly, this lapse casts
doubt upon the integrity and evidentiary value of the seized item.
Alternatively, this gives rise to the probability that the integrity of the seized
item might have been compromised while under police custody.
Moreover, this Court finds the efforts to coordinate with PDEA lacking,
as the police officers merely faxed the coordination form and supposedly
made a mere phone call. There was no convincing proof to show that PDEA
as an agency confirmed the supposed coordination with the police officers
tasked to conduct the buy-bust operation or that any representative from
PDEA would join the operation.
Finally, it has not escaped Our notice that there was already a mention
in the Affidavit of Arrest that the illegal drug seized from Addin tested
positive for methamphetamine hydrochloride when in fact, the initial and
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confirmatory results have yet to be released. This only shows the haphazard
handling by the police of the seized sachet which further erodes its integrity.
It should be emphasized that proof beyond reasonable doubt 60 is required
to sustain a conviction in criminal cases. In this case, the said quantum of
proof was not sufficiently satisfied, given Our finding that the integrity of the
confiscated item was not preserved. Consequently, this Court is constrained
to reverse the conviction of the appellant based on reasonable doubt.
In conclusion, We find that the prosecution failed to show that the
chain of custody was properly preserved. Therefore, proof beyond
reasonable doubt was likewise not established.
WHEREFORE, the appeal is hereby GRANTED. The assailed May 28,
2015 Decision rendered by the Court of Appeals in CA-G.R. C.R. No. 05729 is
REVERSED and SET ASIDE. Accused-appellant Onni Addin y Maddan is
ACQUITTED for failure of the prosecution to prove his guilt beyond
reasonable doubt. He is ordered immediately RELEASED from detention,
unless he is confined for any other lawful cause.
Let a copy of this Decision be furnished the Director General, Bureau of
Corrections, Muntinlupa City, for immediate implementation. Furthermore,
the Director General of the Bureau of Corrections is DIRECTED to report to
this Court the action he has taken within five (5) days from receipt of this
Decision.
SO ORDERED.
Peralta, Leonen and Carandang, * JJ., concur.
Inting, J., is on official leave.
Footnotes