People v Alejandro Requilme et.

al

THE COURT GRANTED THE DEMURRER TO

EVIDENCE
 Decision/Order of the Court

• The Court was not impress with the prosecution as to the procedural
requirements under Sec. 21 RA 9165 particularly the presence of 3rd
party representatives during the seizure and marking of the illegal
drugs.

• CONTRARY TO THE RULING OF RTC Sta Cruz BR 27

• Sec. 21 of RA 9165 was substantially complied with and could be

proven by the pictures presented during the trial which obviously
shows the presence of Brgy. Kagawad Oracion and Media Rep. Palatino.
However, the NPS representative was not around at the scene despite
of earnest effort to secure one by the operating team.
Decision/Order of the Court

• The pictures failed to show, based on the quality, angle and distance
where the same were taken, what marked and signed.
• Pat Navarete failed to mention in his testimony that 3rd party
representatives were present during the actual marking of the item.

• CONTRARY TO THE RULING OF RTC Sta Cruz BR 27

• The pictures presented during trial sufficiently shows the marking of
the items evidenced by Case folder submitted.

• The court adopted the Judicial Affidavit rule by which the question as
to the present of the required witness was not asked in direct
examination and in cross examination the same was not asked by the
defense counsel. Further, inventory of confiscated evidence clearly
showed the signatures of the required witnesses as proof of their
presence during inventory.
Comment
Filing of motion for reconsideration would be an impractical move for the
state/prosecution (police operatives). In the case of People v. City Court of
Silay --The Supreme Court has held that the grant of a demurrer to evidence
is equivalent to an acquittal upon the merits and is immediately final. Hence,
the prosecution cannot move for reconsideration for that would place the
accused in double jeopardy.

Police operatives punctually attended the hearing and studied the case but the
court still ruled in favor of the accused despite of strong evidence presented
during trial.
Photo shows PCPL Ernesto S Salvador Jr. during preventive search of arrested suspectswitnessed by Mr. RODERICK “BOY”
PALATINO Media Practitioner and Barangay Kagawad ALFRED D ORACI ON at about 11:30 PM of November 19, 2020 along
National Road, Brgy. Maytalang uno, Lumban, Laguna.
Photo shows the actual markings on, and inventorying of confiscated pieces of evidence from
the suspects, in the presence of RODERICK “BOY” PALATINO Media Practitioner and
Barangay Kagawad ALFRED D ORACION at about 11:30 PM of November 19, 2020 along
National Road, Brgy. Maytalang uno, Lumban, Laguna
 Photo shows witnesses Mr. RODERICK “BOY” PALATINO Media Practitioner,
Barangay Kagawad ALFRED D ORACiON and Suspects affixing their signatures on the
Inventory of Confiscated evidence witnessed by the suspects.
Photo shows marked pieces of evidence confiscated from the suspects.