People vs. Veedor (2018)

PEOPLE OF THE PHILIPPINES vs. BENEDICTO VEEDOR, JR.

G.R. No. 223525, June 25, 2018

DEL CASTILLO, J.:

Facts: At around 9:00a.m., a team of operatives from the NBI served a search warrant on appellant at the latter's house. After explaining the nature of the search warrant to appellant, the NBI agents searched the house and found a shopping bag containing suspected marijuana inside a cabinet at the first floor. They also found 323 small plastic sachets of suspected marijuana in seven transparent plastic bags, several empty transparent plastic sachets, SI Escurel marked the seized items with his initials and prepared the Inventory of Seized Property. On the same day, at 6:30p.m., SI Escurel turned over the seized items to the Forensic Chemistry Division of the NBI.

In his defense, appellant argued that there is an inconsistency in the description of the dangerous drugs seized.

Issue: Whether or not the corpus delicti of the offense charged was not proven beyond reasonable doubt.

Ruling: No, the prosecution failed to establish the first link in the chain of custody.

A successful prosecution for the sale of illegal drugs requires more than the perfunctory presentation of evidence establishing each element of the crime: the identities of the buyer and seller, the transaction or sale of the illegal drug and the existence of the corpus delicti. In securing or sustaining a conviction under RA No. 9165, the intrinsic worth of these pieces of evidence, especially the identity and integrity of the corpus delicti, must definitely be shown to have been preserved.

In this case, the NBI agent's failed to account for and mark the three hundred twenty-three (323) plastic sachets supposedly contained in the seven plastic bags marked as MEE-2 to MEE-8. Based on the records, the prosecution failed to disclose the identities of: (a) the person who had custody of the seized items after they were turned over by SI Escurel; (b) the person who turned over the items to Forensic Chemist Aranas; and (c) the person who had custody thereof after they were examined by the forensic chemist and before they were presented in court.

Ratio Decidendi: The dangerous drug itself constitutes as the corpus delicti of the offense and the fact of its existence is vital to sustain a judgment of conviction beyond reasonable doubt.

Gist: This is an appeal from the Decision of the CA which affirmed the Decision of the RTC, finding appellant Benedicto Veedor, Jr guilty beyond reasonable doubt of violating Section 11, Article II of Republic Act No. 9165.