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Oliver vs. Philippine Savings Bank
Oliver vs. Philippine Savings Bank
Oliver vs. Philippine Savings Bank
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SUPREME COURT REPORTS ANNOTATED VOLUME 802 29/07/2018, 2:44 PM
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* THIRD DIVISION.
382
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SUPREME COURT REPORTS ANNOTATED VOLUME 802 29/07/2018, 2:44 PM
drugs from the time these were seized from the accused by the
arresting officers; turned over to the investigating officer; forwarded
to the laboratory for determination of their composition; and up to
the time these are offered in evidence.·Although ideally the
prosecution should offer a perfect chain of custody in the handling
of evidence, „substantial compliance with the legal requirements on
the handling of the seized item‰ is sufficient. This Court has
consistently ruled that even if the arresting officers failed to strictly
comply with the requirements under Section 21 of R.A. No. 9165,
such procedural lapse is not fatal and will not render the items
seized inadmissible in evidence. What is of utmost importance is the
preservation of the integrity and evidentiary value of the seized
items, as the same would be utilized in the determination of the
guilt or innocence of the accused. In other words, to be admissible in
evidence, the prosecution must be able to present through records
or testimony, the whereabouts of the dangerous drugs from the time
these were seized from the accused by the arresting officers; turned
over to the investigating officer; forwarded to the laboratory for
determination of their composition; and up to the time these are
offered in evidence. For as long as the chain of custody remains
unbroken, as in this case, even though the procedural requirements
provided for in Sec. 21 of R.A.
383
No. 9165 were not faithfully observed, the guilt of the accused
will not be affected.
Remedial Law; Evidence; Presumption of Regularity; Accused-
appellant bears the burden of showing that the evidence was
tampered or meddled with in order to overcome the presumption of
regularity in the handling of exhibits by public officers and the
presumption that public officers properly discharged their duties.·
The integrity of the evidence is presumed to have been preserved
unless there is a showing of bad faith, ill will, or proof that the
evidence has been tampered with. Accused-appellant bears the
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SUPREME COURT REPORTS ANNOTATED VOLUME 802 29/07/2018, 2:44 PM
PEREZ, J.:
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384
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SUPREME COURT REPORTS ANNOTATED VOLUME 802 29/07/2018, 2:44 PM
Our Ruling
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2002.‰
4 Records, pp. 73-74.
385
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SUPREME COURT REPORTS ANNOTATED VOLUME 802 29/07/2018, 2:44 PM
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5 People v. Delos Santos, 645 Phil. 587, 601; 631 SCRA 350, 363
(2010), citing People v. Guiara, 616 Phil. 290, 302; 600 SCRA 310, 322-
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SUPREME COURT REPORTS ANNOTATED VOLUME 802 29/07/2018, 2:44 PM
323 (2009), further citing People v. Gonzales, 430 Phil. 504, 513; 380
SCRA 689, 697 (2002).
386
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6 People v. Dumlao, 584 Phil. 732, 740; 562 SCRA 762, 769 (2008).
7 Section 21. Custody and Disposition of Confiscated, Seized, and/or
Surrendered Dangerous Drugs, Plant Sources of Dangerous Drugs,
Controlled Precursors and Essential Chemicals,
Instruments/Paraphernalia and/or Laboratory Equipment.·x x x
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SUPREME COURT REPORTS ANNOTATED VOLUME 802 29/07/2018, 2:44 PM
387
The civilian asset called Dela Cruz and told her that they
will buy shabu worth P200.00. Thereafter, Dela Cruz
handed PO1 Reales a small plastic containing white
crystalline substance and in exchange he handed to the
former the P200.00 bills. Upon getting hold of the money,
PO3 Batobalonos and PO1 Bullido, who saw the
consummation of the transaction rushed to the scene. When
PO3 Batobalonos got hold of Dela Cruz, the latter shouted
for help and resisted arrest. Dela Cruz was able to run and
so the team chased her, however, her neighbor Arthur
Tabasa Ortega („Ortega‰) blocked their way. The team
introduced themselves as policemen but Ortega did not
listen, so PO3 Batobalonos fired a warning shot as the
people likewise started to gather around them. Meanwhile,
Dela Cruz was able to evade arrest. The team then arrested
Ortega for obstruction of justice.
On their way to the police station aboard their patrol car,
PO1 Reales handed to PO3 Batobalonos the small plastic
containing white crystalline substance which he purchased
from Dela Cruz. Thereafter, upon arrival at the police
station, PO3 Batobalonos marked the seized item with
„DDM 11/10/06.‰
Afterwards, a Request for Laboratory Examination of the
seized item was prepared by PO3 Batobalonos. The Request
and the seized item were delivered to the Regional Crime
Laboratory Office 7, Camp Sotero Cabahug, Gorordo
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SUPREME COURT REPORTS ANNOTATED VOLUME 802 29/07/2018, 2:44 PM
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388
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10 Id., at p. 67.
11 In People v. Sanchez (590 Phil. 214, 234; 569 SCRA 194, 211-212
[2008]), we held that „noncompliance with the strict directive of Section
21 of R.A. No. 9165 is not necessarily fatal to the prosecutionÊs case; [but
these lapses] must be recognized and explained in terms of their
justifiable grounds and the integrity and evidentiary value of the
evidence seized must be shown to have been preserved.‰
389
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SUPREME COURT REPORTS ANNOTATED VOLUME 802 29/07/2018, 2:44 PM
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12 People v. Cortez, 611 Phil. 360, 381; 593 SCRA 743, 764 (2009).
13 People v. Almodiel, 694 Phil. 449, 467; 680 SCRA 306, 323
(2012); People v. Campos, 643 Phil. 668, 673; 629 SCRA 462, 468
390
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(2010), citing People v. Concepcion, 578 Phil. 957, 971; 556 SCRA 421,
436-437 (2008).
14 People v. Magundayao, 683 Phil. 295, 321; 667 SCRA 310, 326
(2012); People v. Le, 636 Phil. 586, 598; 622 SCRA 571, 580 (2010),
citing People v. De Leon, 624 Phil. 786, 801; 611 SCRA 118, 133 (2010),
further citing People v. Naquita, 582 Phil. 422, 442; 560 SCRA 430, 448
(2008); People v. Concepcion, id.
15 People v. Manlangit, 654 Phil. 427, 440-441; 639 SCRA 455, 469-
470 (2011), citing People v. Rosialda, 643 Phil. 712, 726; 629 SCRA 507,
522 (2010), further citing People v. Rivera, 590 Phil. 894, 912-913; 569
SCRA 879, 899 (2008).
16 TSN, 16 September 2008, p. 6; TSN, 21 October 2008, p. 6.
391
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SUPREME COURT REPORTS ANNOTATED VOLUME 802 29/07/2018, 2:44 PM
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17 People v. Miranda, 560 Phil. 795, 810; 534 SCRA 552, 568-569
(2007).
18 See People v. Macabalang, 538 Phil. 136, 155; 508 SCRA 282, 300
(2006).
19 The imposition of the death penalty has been proscribed with the
effectivity of R.A. No. 9346, otherwise known as „AN ACT PROHIBITING THE
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SUPREME COURT REPORTS ANNOTATED VOLUME 802 29/07/2018, 2:44 PM
392
Judgment affirmed.
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