July 2011 Philippine Supreme Court Decisions on Criminal Law and Procedure

Here are selected July 2011 rulings of the Supreme Court of the Philippines on criminal law and procedure:

1. CRIMINAL LAW

Qualifying circumstance; treachery. The Supreme Court affirmed the findings of the trial court that the qualifying circumstance of treachery attended the commission of the crime. Milan’s act of closing the door facilitated the commission of the crime, allowing Carandang to wait in ambush. The sudden gunshots when the police officers pushed the door open illustrate the intention of appellants and Carandang to prevent any chance for the police officers to defend themselves. Treachery is thus present in the case at bar, as what is decisive for this qualifying circumstance is that the execution of the attack made it impossible for the victims to defend themselves or to retaliate. People of the Philippines v. Restituto Carandang, et al, G.R. No. 175926, July 6, 2011.

 2. SPECIAL PENAL LAWS

 Dangerous drugs; chain of custody. The Supreme Court upheld the conviction of the accused by ruling that the failure of the policemen to make a physical inventory and photograph the two plastic sachets containing the shabu subject of this case do not render the confiscated items inadmissible in evidence. Likewise, the failure of the policemen to mark the two plastic sachets containing shabu at the place of arrest does not render the confiscated items inadmissible in evidence. In People v. Resurreccion, G.R. No. 186380, 12 October 2009, 603 SCRA 510, it was held that “the failure of the policemen to immediately mark the confiscated items does not automatically impair the integrity of chain of custody.” Francisco Imson y Adriano vs. People of the Philippines, G.R. No. 193003, July 13, 2011.

Dangerous drugs; chain of custody. The failure to strictly comply with Section 21(1), Article II of RA 9165 does not necessarily render an accused’s arrest illegal or the items seized or confiscated from him inadmissible. What is of utmost importance is the preservation of the integrity and the evidentiary value of the seized items, as these would be utilized in the determination of the guilt or innocence of the accused. The presumption is that the policemen performed their official duties regularly. In order to overcome this presumption, the accused must show that there was bad faith or improper motive on the part of the policemen, or that the confiscated items were tampered. In this case, the accused failed to do so. Francisco Imson y Adriano vs. People of the Philippines, G.R. No. 193003, July 13, 2011.

Continue reading