G.R. No. 239000 - PEOPLE OF THE PHILIPPINES, V. JEROME EMAR SANCHEZ Y EDERA ALIAS "CHIN," ACCUSED-.

Ruling

accordingly, sentenced him to suffer the penalty of life imprisonment and to pay a fine in the amount of P500,000.00. He was, however, acquitted of violation of Section 15, Article II of RA 9165 for insufficiency of evidence. [11] The RTC found that the prosecution had established all the elements of the crime of Illegal Sale of Dangerous Drugs as it was shown that Sanchez was caught in flagrante delicto to be selling shabu during a legitimate buy-bust operation. Further, the RTC ruled that the failure of the PDEA operatives to conduct the inventory and photography of the seized items immediately at the place of arrest did not weaken the case against him, opining that the integrity and evidentiary value thereof were nevertheless preserved. [12] Aggrieved, Sanchez appealed [13] to the CA. In a Decision [14] dated September 4, 2017, the CA affirmed the RTC ruling. [15] It held that Sanchez was indeed caught selling shabu during a legitimate buy-bust operation and that there was substantial compliance with the chain of custody rule. [16] Hence, this appeal seeking that Sanchez's conviction be overturned. The Court's Ruling The appeal is meritorious. In cases for Illegal Sale and/or Illegal Possession of Dangerous Drugs under RA 9165, [17] it is essential that the identity of the dangerous drug be established with moral certainty, considering that the dangerous drug itself forms an integral part of the corpus delicti of the crime. [18] Failing to prove the integrity of the corpus delicti renders the evidence for the State insufficient to prove the guilt of the accused beyond reasonable doubt and hence, warrants an acquittal. [19] To establish the identity of the dangerous drug with moral certainty, the prosecution must be able to account for each link of the chain of custody from the moment the drugs are seized up to their presentation in court as evidence of the crime. [20] As part of the chain of custody procedure, the law requires, inter alia , that the marking, physical inventory, and photography of the seized items be conducted immediately after seizure and confiscation of the same. In this regard, case law recognizes that "[m]arking upon immediate confiscation contemplates even marking at the nearest police station or office of the apprehending team." [21] Hence, the failure to immediately mark the confiscated items at the place of arrest neither renders them inadmissible in evidence nor impairs the integrity of the seized drugs, as the conduct of marking at the nearest police station or office of the apprehending team is sufficient compliance with the rules on chain of custody. [22] The law further requires that the said inventory and photography be done in the presence of the accused or the person from whom the items were seized, or his representative or counsel, as well as certain required witnesses, namely: ( a ) if prior to the amendment of RA 9165 by RA 10640, [23] "a representative from the media and the Department of Justice (DOJ), and