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 i...