"Section 21, paragraph 1, Article II of Republic Act No. 9165 and Section 21(a), Article II of the Implementing Rules and Regulations of Republic Act No. 9165 provide the procedural guidelines that police officers must observe in the proper handling of seized illegal drugs in order to ensure the preservation of the identity and integrity thereof.
Section 21, paragraph 1, Article II of Republic Act No. 9165 reads:
SEC. 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.
- The PDEA shall take charge and have custody of all dangerous drugs, plant sources of dangerous drugs, controlled precursors and essential chemicals, as well as instruments/paraphernalia and/or laboratory equipment so confiscated, seized and/or surrendered, for proper disposition in the following manner: (1) The apprehending team having initial custody and control of the drugs shall, immediately after seizure and confiscation, physically inventory and photograph the same in the presence of the accused or the person/s from whom such items were confiscated and/or seized, or his/her representative or counsel, a representative from the media and the Department of Justice (DOJ), and any elected public official who shall be required to sign the copies of the inventory and be given a copy thereof[.]
x x x.
It must be pointed out, however, that the appellant raised the issue of the police officers’ non-compliance with the above provisions only in his appeal before the Court of Appeals. The appellant’s objections were not raised before the trial court in such a way that the prosecution may have had the opportunity to explain and/or justify the deviations from procedure that were ostensibly committed by the police officers in this case. As the Court underlined in People v. Sta. Maria32:
The law excuses non-compliance under justifiable grounds. However, whatever justifiable grounds may excuse the police officers involved in the buy-bust operation in this case from complying with Section 2 will remain unknown, because appellant did not question during trial the safekeeping
of the items seized from him. Indeed, the police officers alleged violations
of Sections 2 and 86 of Republic Act No. 9165 were not raised before the trial court but were instead raised for the first time on appeal. In no instance did appellant least intimate at the trial court that there were lapses in the safekeeping of seized items that affected their integrity and evidentiary value. Objection to evidence cannot be raised for the first time on appeal; when a party desires the court to reject the evidence offered, he must so state in the form of objection. Without such objection he cannot raise the question for the first time on appeal. (Citation omitted.)
Given the foregoing circumstances, the Court finds that the positive and credible testimonies of witnesses for the prosecution prevail over the unsubstantiated defense of denial of the appellant."
- http://www.scribd.com/doc/200029656/198108
G.R. No. 198108. December 11, 2013
People of the Philippines Vs. Roselito Taculod y Elle
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