327 Cases Penned by Associate Justice Amy Lazaro-Javier: 2025 Bar Examination
Is failure to comply with the requirements of Section 21
of the Comprehensive Dangerous Drugs Act (RA 9165) fatal to the prosecution of
drug-related offenses, particularly regarding the presence of DOJ and media
representatives during the inventory and photograph of the seized drugs?
Facts:
Arsenio Salmeron y Amaro and Ma. Lourdes Estrada y Cruz were
charged with violating Section 5, Article II of Republic Act No. 9165 (RA 9165)
for allegedly conspiring to sell 2.92 grams of methamphetamine hydrochloride
(shabu) in a buy-bust operation in Quezon City on November 19, 2013. The trial
court found them guilty beyond reasonable doubt, sentencing them to life
imprisonment and ordering them to pay a fine of P500,000.
During the trial, Police Officer 3 (PO3) Rolando Alieger,
the poseur-buyer, testified that the buy-bust operation was successfully
executed after Arsenio directed Ma. Lourdes to hand over the shabu to him in
exchange for P15,000. Upon consummating the sale, PO3 Alieger gave the
pre-arranged signal to arrest the accused. The buy-bust money was recovered
from Ma. Lourdes.
The defense, on the other hand, denied the allegations and
claimed that the police officers planted the evidence as part of a
"palit-ulo" scheme. The accused presented Ma. Lourdes’ daughter, Roma
Joy Paguio, who testified that no illegal items were found in their house and
that her mother was wrongfully arrested.
On appeal, the Court of Appeals affirmed the conviction,
holding that the prosecution sufficiently established the chain of custody,
despite the absence of representatives from the Department of Justice (DOJ) and
the media during the inventory of the seized drugs.
Issue:
Did the Court of Appeals err in affirming the appellants'
conviction despite the police officers’ failure to comply with Section 21 of RA
9165?
Ruling:
Yes. The Supreme Court reversed the conviction of the
accused.
The Court reiterated that in illegal drug cases, the drug
itself constitutes the corpus delicti. The prosecution must establish an
unbroken chain of custody to ensure that the seized substance presented in
court is the same item seized from the accused. Section 21 of RA 9165 mandates
that the physical inventory and photograph of the seized drugs must be
conducted in the presence of the accused, a DOJ representative, a media
representative, and an elected public official.
Here, the prosecution failed to comply with this
requirement. The records showed that the inventory and photograph of the seized
drugs were conducted only in the presence of the accused and a barangay
official. There was no explanation offered for the absence of the required DOJ
and media representatives, which the Court considered a fatal lapse. The
insulating presence of these witnesses is crucial to preventing tampering or
substitution of evidence. The absence of a valid explanation undermined the integrity
and evidentiary value of the corpus delicti.
Furthermore, there was another gap in the chain of custody
concerning the handling of the seized drugs by the forensic chemist. There was
no evidence of how the drugs were stored and safeguarded before, during, and
after the laboratory examination, raising doubts about whether the drugs
presented in court were the same ones seized during the buy-bust operation.
Thus, the Court concluded that these procedural lapses,
coupled with the failure to justify the non-compliance with Section 21,
rendered the evidence insufficient to sustain a conviction.
Dispositive Portion:
The Supreme Court reversed and set aside the decision of the
Court of Appeals, acquitting Arsenio Salmeron y Amaro and Ma. Lourdes Estrada y
Cruz. The Director of the Bureau of Corrections and the Superintendent of the
Correctional Institution for Women were directed to immediately release the
accused unless they were being held for another lawful cause.
How can law enforcement officers ensure compliance with
Section 21 of RA 9165, particularly in cases where external representatives are
unavailable during drug seizures?
Important Doctrines:
- Chain
of Custody Rule – The prosecution must establish every link in the
chain of custody of the seized drugs to ensure their integrity and
identity from seizure to presentation in court.
- Section
21, RA 9165 – This provision mandates the presence of a DOJ
representative, a media representative, and an elected official during the
inventory and photograph of seized drugs. Non-compliance with this
requirement must be justified by valid reasons, and the integrity of the
seized item must still be preserved.
- Presumption
of Regularity – This presumption cannot overcome procedural lapses,
especially when such lapses compromise the integrity of the evidence.
This case falls under Criminal Law.
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Read the full text here
🎓 In this educational
content, we will explore the key doctrines from the Supreme Court’s decision in
People of the Philippines v. Arsenio Salmeron y Amaro and Ma. Lourdes
Estrada y Cruz, G.R. No. 246477, promulgated on October 2, 2019.
This jurisprudence is essential for law students, bar examinees (baristas),
and practitioners, especially in understanding the Chain of Custody Rule
in drug-related cases under RA 9165 (Comprehensive Dangerous Drugs Act of
2002).
📚 NATURE OF THE CASE:
This is a Criminal Law case involving a prosecution
for illegal sale of dangerous drugs under Section 5, Article II of RA
9165.
📌 CASE TITLE:
People of the Philippines v. Arsenio Salmeron y Amaro and
Ma. Lourdes Estrada y Cruz
G.R. No. 246477 | October 2, 2019
🔍 BRIEF SUMMARY:
The accused were convicted by the RTC and Court of Appeals
for allegedly selling ₱15,000 worth of shabu. However, the Supreme Court acquitted
them, citing fatal lapses in the chain of custody—specifically,
the absence of DOJ and media representatives during the inventory and the
unjustified handling of seized drugs.
💭 Can justice truly be
served if convictions rely on evidence obtained in clear violation of
procedural safeguards?
🔖 10 DOCTRINES FOR SOCIAL
MEDIA (YOUTUBE-READY)
- Chain
of Custody Rule Defined
The prosecution must account for each link in the chain of custody—from seizure, turnover, examination, to presentation in court—to preserve the integrity of drug evidence.
📌 [Ref: pp. 35–36, Decision] - Importance
of Witnesses During Inventory
DOJ, media, and elected officials must witness the inventory and photograph of seized drugs, unless justifiable grounds are shown.
📌 [Ref: Section 21, RA 9165; pp. 43–44] - Failure
to Justify Noncompliance Is Fatal
No excuse for the absence of required witnesses = broken chain of custody = acquittal.
📌 [Ref: p. 46, citing People v. Mendoza] - Presumption
of Regularity Cannot Cure Violations
The presumption of regularity cannot substitute for actual compliance with legal procedures.
📌 [Ref: p. 51] - Saving
Clause of Section 21
Non-compliance with the chain of custody may be excused only with justifiable reasons and if the integrity of the evidence is preserved.
📌 [Ref: p. 44] - Accused
Must Be Acquitted If Chain is Broken
The corpus delicti is not established if the prosecution fails to show an unbroken chain of custody.
📌 [Ref: pp. 48–49] - Unexplained
Handling by Forensic Chemist Is a Breach
Lack of detail on how the forensic chemist handled the evidence post-examination is a gap in the chain.
📌 [Ref: pp. 47–48] - People
v. Mendoza as Controlling Precedent
The absence of required witnesses during seizure or inventory creates doubt and invites acquittal.
📌 [Ref: p. 45] - Media
and DOJ Witnesses Are Not Optional
Their presence is mandatory during the evidence inventory. Their absence must be justified.
📌 [Ref: p. 43] - Acquittal
Reaffirmed in Similar Jurisprudence
Citing People v. Abelarde, Macud, Año, and Hementiza, lapses in procedure consistently lead to acquittal.
📌 [Ref: pp. 45–46]
🙋♂️ FREQUENTLY ASKED
QUESTIONS (FAQs)
Q1: What is the Chain of Custody Rule?
A: It’s the documented process of handling drug evidence
from seizure to courtroom presentation, ensuring its identity and integrity.
Q2: Why was the accused acquitted despite drugs being
found?
A: Because of unjustified non-compliance with the chain of
custody rule, compromising the evidence’s admissibility.
Q3: Can the police’s good faith excuse non-compliance?
A: No. The Supreme Court ruled that the presumption of
regularity cannot cure procedural lapses.
Q4: Is the presence of DOJ and media mandatory?
A: Yes, unless there’s a valid, proven justification for
their absence during inventory.
Q5: What’s the main takeaway for bar exam review?
A: Strict compliance with Section 21 of RA 9165 is
essential. Procedural lapses, if unjustified, will result in acquittal.
📌 DISCLAIMER: This
content is for educational purposes only. It was created using premium
artificial intelligence and may not be infallible. Always consult the original
decision and updated jurisprudence.
From <https://chatgpt.com/c/66f00c3b-d518-800a-8823-5c7736839782>
🎓 Welcome, future lawyers and bar reviewees! This quizzer focuses on the landmark Supreme Court case of People of the Philippines v. Arsenio Salmeron y Amaro and Ma. Lourdes Estrada y Cruz, G.R. No. 246477, promulgated on October 2, 2019.
🔍 Nature of the Case:
This is a Criminal Law case concerning the sale of dangerous drugs
and the strict procedural rules required in handling drug-related evidence.
📌 Brief Summary:
Arsenio and Ma. Lourdes were convicted by the RTC and Court of Appeals for
allegedly selling ₱15,000 worth of shabu. However, the Supreme Court reversed
the conviction due to fatal lapses in the chain of custody,
particularly the unjustified absence of required witnesses during the inventory
and unexplained handling of the seized evidence.
🧠 This quiz aims to test
your understanding of the legal doctrines and factual nuances of the case using
Higher Order Thinking Skills (HOTS) questions.
📝 Answer key will be
revealed at the end of the video—so take note of your answers!
📚 HOTS QUIZZER – 10 EASY
MULTIPLE CHOICE QUESTIONS
1. What was the most critical reason the Supreme
Court acquitted the accused in the case?
A. The absence of a search warrant
B. Failure to prove intent to sell
C. Procedural lapses in handling the seized drugs
D. Insufficient amount of shabu recovered
2. In the buy-bust operation, who was notably missing
during the inventory of the seized evidence?
A. The elected public official
B. The forensic chemist
C. Representatives from DOJ and the media
D. The accused’s lawyer
3. What role did the Supreme Court say the missing
witnesses would have played during the inventory?
A. To ensure the chain of custody is kept confidential
B. To witness and insulate the evidence from tampering
C. To examine the evidence for admissibility
D. To document the arrest of the accused
4. What item was alleged to have been sold by the
accused during the operation?
A. Marijuana leaves
B. Ecstasy tablets
C. Methamphetamine hydrochloride (shabu)
D. Drug paraphernalia
5. What was the total amount involved in the alleged
drug transaction?
A. ₱5,000
B. ₱10,000
C. ₱15,000
D. ₱20,000
6. Which of the following did the prosecution fail to
adequately explain, according to the Supreme Court?
A. Why the drugs were not sent to PDEA
B. The quantity of drugs found
C. The reason for the absence of required inventory
witnesses
D. The identity of the confidential informant
7. Why was the presumption of regularity in police
operations rejected by the Court?
A. It was not pleaded by the prosecution
B. It could not overcome the clear violations of procedure
C. It only applies to civil cases
D. It was not challenged by the defense
8. According to the decision, how should the
prosecution preserve the integrity of drug evidence?
A. By destroying the drugs immediately after arrest
B. By ensuring it is only handled by forensic chemists
C. By complying with the procedural chain of custody
D. By making suspects sign a waiver
9. What did the Supreme Court say about gaps in the
chain of custody without justification?
A. They are excusable when quantity is small
B. They may still lead to conviction if the trial court
believes the police
C. They are fatal to the prosecution’s case
D. They only affect sentencing, not guilt
10. What was the final ruling of the Supreme Court in
the case?
A. Affirm the conviction
B. Remand the case for further evidence
C. Reduce the sentence
D. Acquit the accused due to procedural violations
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