This case has been cited 4 times or more.
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2014-08-06 |
PEREZ, J. |
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| PO1 Yusi was able to put the necessary markings on the plastic sachet of shabu seized from appellant at the police station. The general rule is that "marking" of the seized items to truly ensure that they are the same items that enter the chain and are eventually the ones offered in evidence should be done, (1) in the presence of the apprehended violator, and (2) immediately upon confiscation. To be able to create a first link in the chain of custody, then, what is required is that the marking should be made in the presence of the accused and upon immediate confiscation. In People v. Gum-Oyen,[16] a testimony that included the marking of the seized items at the police station and in the presence of the accused was sufficient in showing compliance with the rules on chain of custody. Marking upon immediate confiscation contemplates even marking at the nearest police station or office of the apprehending team.[17] | |||||
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2011-01-31 |
VELASCO JR., J. |
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| Prosecutions involving illegal drugs depend largely on the credibility of the police officers who conducted the buy-bust operation.[21] Oft-repeated is the rule that in cases involving violations of the Comprehensive Dangerous Drugs Act, credence is given to prosecution witnesses who are police officers for they are presumed to have performed their duties in a regular manner, unless there is evidence to the contrary.[22] Absent any indication that the police officers were ill-motivated in testifying against the accused, full credence should be given to their testimonies.[23] | |||||
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2010-06-16 |
BRION, J. |
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| From the point of view of jurisprudence, we are not beating any new path by holding that the failure to undertake the required photography and immediate marking of seized items may be excused by the unique circumstances of a case. In People v. Resurreccion,[50] we already stated that "marking upon immediate confiscation" does not exclude the possibility that marking can be at the police station or office of the apprehending team. In the cases of People v. Rusiana,[51] People v. Hernandez,[52] and People v. Gum-Oyen,[53] the apprehending team marked the confiscated items at the police station and not at the place of seizure. Nevertheless, we sustained the conviction because the evidence showed that the integrity and evidentiary value of the items seized had been preserved. To reiterate what we have held in past cases, we are not always looking for the strict step-by-step adherence to the procedural requirements; what is important is to ensure the preservation of the integrity and the evidentiary value of the seized items, as these would determine the guilt or innocence of the accused. We succinctly explained this in People v. Del Monte[54] when we held: We would like to add that non-compliance with Section 21 of said law, particularly the making of the inventory and the photographing of the drugs confiscated and/or seized, will not render the drugs inadmissible in evidence. Under Section 3 of Rule 128 of the Rules of Court, evidence is admissible when it is relevant to the issue and is not excluded by the law or these rules. For evidence to be inadmissible, there should be a law or rule which forbids its reception. If there is no such law or rule, the evidence must be admitted subject only to the evidentiary weight that will [be] accorded it by the courts. x x x | |||||
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2010-01-19 |
BRION, J. |
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| We applied this ruling in People v. Garcia,[27] People v. Gum-Oyen,[28] People v. Denoman[29] and People v. Coreche[30] where we recognized the following links that must be established in the chain of custody in a buy-bust situation: first, the seizure and marking, if practicable, of the illegal drug recovered from the accused by the apprehending officer; second, the turnover of the illegal drug seized by the apprehending officer to the investigating officer; third, the turnover by the investigating officer of the illegal drug to the forensic chemist for laboratory examination; and fourth, the turnover and submission of the marked illegal drug seized from the forensic chemist to the court. | |||||