Case Digest: People vs Nita Eugenio y Pejer

People vs Nita Eugenio y Pejer

G.R. No. 186459                                               September 1, 2010

Facts:

Nita Eugenio (Nita) was charged for violation of Sec. 5 Art II of RA. 9165 (Comprehensive Dangerous Drug Act of 2002) before the RTC for selling, delivering and giving away prohibited drugs to a police poseur buyer. Nita contended that the Chain of Custody required under RA 9165 was not complied for failure to take photographs of the seized items.

Issue:

Whether or not Chain of Custody (under Sec. 21 (1) of RA 9165) was complied with.

Ruling:

No, however, failure to comply with the provision will not necessary doom the case for the prosecution. Non-compliance by the apprehending/buy-bust team with section 21 is not fatal as long as there is justifiable ground, as long as the integrity and the evidentiary value of the confiscated/seized items are properly preserved by the apprehending officer/team, the non-compliance would not render the arrest illegal nor the confiscated items as inadmissible. What is important is the preservation of the integrity and evidentiary value of the seized items.

But prosecution failed to prove the integrity of the evidence and failed to establish the guilt of the accused beyond reasonable doubt, therefore the accused is acquitted for his guilt was not proved beyond reasonable doubt.