People v. Kamad G.R. No.

174198, January 19, 2010

FACTS: On October 16, 2002 the Philippine National Police Drug Enforcement Unit of the Southern Police District, Fort Bonifacio, Taguig received information from an asset that a certain Zaida was selling shabu at Purok IV, Silverio Compound, Paranaque City. At 10 PM of October 16, 2002, SPO2 Sanchez, poseur-buyer, gave marked PHP 300 bills to accused-appellant for the purchase of shabu. Upon receipt of the item, Zaida Kamad and her boyfriend, Leo, were arrested. The RTC Branch 259 of Paranaque City found accused guilty beyond reasonable doubt for violation of Section 5, Article II, of RA 9165 for the illegal sale of 0.20 gram of methamphetamine HCL. On appeal, the CA affirmed in toto the decision of the RTC.

ISSUE: Is accused-appellant guilty beyond reasonable doubt of violating Section 5, Article II of RA 9165 for the illegal sale of 0.20 gram of shabu? RULING: No, the Court ruled that in the prosecution of illegal sale of dangerous drugs, thethe following elements must must be established: (1) proof that the transaction took place, (2) corpus delicti presented as evidence. Records showed that the prosecution through SPO2 Sanchez, established the sale of the prohibited drug shabu by accused-appellant but the RTC and the CA failed to notice the defects in the prosecutions case such as (1) lapse in implementing Section 21, Article II of RA 9165 in the handling of the seized shabu and (2) failure of police to comply with the chain of custody rule. For violations of Section 21, Article II of RA 9165, no inventory and photographing of seized drugs was done at the place of arrest as well as the presence of the accused as it was being done nor a representative of the media, the DOJ, and any elected pubic official who will confirm that evidence seized were as they were found. Neither was it established by the prosecution why such thing were not followed by presenting (1) justifiable cause and (2) preserving the integrity and evidentiary value of seized evidence as required by the IRR of RA 9165 Section 21-A. For non-compliance of the chain of custody rule, which requires the documentation and description of evidence as it is being processed along the system was neither complied. Court reverses and sets aside the decision of the CA affirming the final judgment of RTC Branch 259 of Paranaque City for the illegal sale of shabu of accused-appellant. Zaida Kamad is hereby acquitted and ordered released from detention.