The following are selected decisions promulgated by the High Court in July 2010 where at least one Justice felt compelled to express his or her dissent from the decision penned by the ponente. Coincidentally, the cases discussed below each involve subject matters that have been proven to induce perilous narcotic effects: illegal drugs and local elections.
1. Unbroken Chain of Custody (Abad vs. Villarama)
In People of the Philippines vs. Noel Catentay, Justice Roberto Abad noted that in a case of illegal sale of dangerous drugs it is essential to prove (1) the identities of the buyer and the seller; (2) the sale of dangerous drugs, and (3) the existence of the corpus delicti (i.e., the illicit drug) as evidence. In connection with the last requirement, it is the duty of the prosecution to prove the integrity of the corpus delicti by establishing the chain of custody of the alleged illegal substance that the police officers seized from the accused. In other words, apart from the existence of an accused (who may or may not have integrity), the prosecution has to establish the integrity of the seized article; that it had been preserved from the time the same was seized to the time it was presented in evidence at the trial.
Justice Abad conceded that the prosecution in this case established through the arresting officer’s testimonial evidence that the he seized two sachets of white crystalline substances from Catentay, marked them with his initials, heat-sealed the sachets and placed his initials on them. However, because the prosecution did not present the forensic chemist who opened the sachets and examined the substances in them, the chemist was unable to attest to the fact that the substances presented in court were the same substances he found positive for shabu.
The main decision acknowledged that among the stipulations agreed to at the pre-trial were that the heat-sealed marked sachets were received by the forensic chemist who concluded that the contents tested positive for drugs. However, there was no stipulation or evidence to show that the forensic chemist properly closed and resealed the plastic sachets with adhesive and placed his own markings on the resealed plastic to preserve the integrity of their contents until they were brought to court. Instead, the plastic sachets presented at the pre-trial did not bear the forensic chemist’s seal and was brought from the crime laboratory by someone who did not care to testify how he came to be in possession of the same. Accordingly, the evidence did not establish the unbroken chain of custody. Catentay acquitted.