A we confiscated the items sir q after confiscating

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A: We confiscated the items, sir. Q: After confiscating it, what did you do with it? A: We showed the shabu and the marijuana to the Spouses David, sir. Q: After showing them to the spouses, what else happened? A: We brought the evidence to the police station, sir. Q: How about Raul David, what did you do with him? A: We also brought him to the police station, sir. Q: What happened in the police station? A: We indorsed Raul David and the evidence we confiscated to our investigator, sir. [29] Therefore, it is apparent from the above disquisition that the integrity and evidentiary value of the items seized were well-preserved. What is of utmost importance is the preservation of the integrity and the evidentiary value of the seized items, as it would be utilized in the determination of the guilt or innocence of the accused. [30] Anyway, this Court has consistently ruled that non-compliance with the requirements of Section 21 of R.A. No. 9165 will not necessarily render the items seized or confiscated in a buy-bust operation inadmissible. [31] Strict compliance with the letter of Section 21 is not required if there is a clear showing that the integrity and the evidentiary value of the seized items have been preserved, i.e. , the items being offered in court as exhibits are, without a specter of doubt,
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2/14/20, 2 : 19 PM [ G.R. No. 181861, October 17, 2011 ] Page 12 of 18 the very same ones recovered in the buy-bust operation. [32] Hence, once the possibility of substitution has been negated by evidence of an unbroken and cohesive chain of custody over the contraband, such contraband may be admitted and stand as proof of the corpus delicti notwithstanding the fact that it was never made the subject of an inventory or was photographed pursuant to Section 21 (1) of Republic Act No. 9165. [33] Anent petitioner's contention that having been caught in possession of shabu and marijuana in one occasion, he should have been charged with, and convicted of, one offense only, this Court finds it meritorious. Before the enactment of R.A. 9165, the governing law on dangerous drugs was R.A. 6425, which differentiated regulated drugs from prohibited drugs. It laid down different provisions for possession of regulated and prohibited drugs. Under R.A. 9165, the distinction between regulated and prohibited drugs has been removed and both are now classified as dangerous drugs. The eradication of such distinction was the real intention of the legislators. As read from the transcript of stenographic notes of the Twelfth Congress on the deliberation of R.A. 9165, then Senate Bill No. 1858: Senator Leviste. And we are in support of the good sponsor's conviction to give teeth to this new law and to go all out against drugs. Under the old law - R.A. No. 6425 - a classification was provided between a prohibited drug and a regulated drug. I believe in the new proposed measure, there is no distinction between the two categories. And in lieu of the two categories, the new measure merely provides for an all-embracing category of dangerous drugs.
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  • Fall '19
  • Supreme Court of the United States, Appellate court, Illegal drug trade, petitioner

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