10:13 PM

G.R. No. 181747

People vs. Narciso Lopez Agulay
September 26, 2008

Facts:
Lower Courts found accused appellant guilty of illegal sale and
illegal possession of methamphetamine hydrochloride.

Accused-appellants questioned the means and method the

police undertook the operation and the credibility of the
prosecution witness.

Ruling:
The dissent maintains that the chain of custody rule "would
include testimony about every link in the chain, from the
moment the item was picked up to the time it is offered into
evidence x x x." This means that all persons who came into
contact with the seized drugs should testify in court; otherwise,
the unbroken chain of custody would not be established.
The Court disagree. Not all people who came into contact with
the seized drugs are required to testify in court.

The integrity of the evidence is presumed to be preserved

unless there is a showing of bad faith, ill will, or proof that the
evidence has been tampered with. The accused-appellant in
this case bears the burden to make some showing that the
evidence was tampered or meddled with to overcome a
presumption of regularity in the handling of exhibits by public
officers and a presumption that public officers properly
discharged their duties.
After a thorough review of the records of the case, the court
found that the chain of custody of the seized substance was not
broken and that the prosecution did not fail to identify properly
the drugs seized in this case. The non-presentation of
witnesses of other persons such as the evidence custodian and
the officer on duty was not a crucial point against the
prosecution. Unless there was proof to the contrary, the entries
in the documents are prima facie evidence of the facts therein
stated and they need not testify thereon.

The Court found accused appellant guilty of the illegal sale of

drugs but not of the possession of dangerous drugs on account
of the second and third sachets alleged to have been retrieved
from him after the sale of the first since it could not be done so
without being properly charged therewith.