People vs. Cabrellos Digest

People vs.
Cabrellos (2018)
Plaintiff-appellee: PEOPLE OF THE PHILIPPINES
Accused-appellant: PATRICIA CABRELLOS Y DELA CRUZ
Ponente: PERLAS-BERNABE (Second Division)
Topic: Criminal Law; Remedial Law
SUMMARY: The SC acquitted Cabrellos of violations of R.A. 9165 due to non-compliance with the chain of
custody rule.
DOCTRINE: Verily, the chain of custody rule laid down by RA 9165 and its IRR contemplates a situation where
the inventory conducted on the seized items is witnessed by the required personalities at the same time. The
wordings of the law leave no room for any piecemeal compliance with the required witnesses rule as what
happened in this case. Otherwise, the avowed purpose of the required witnesses rule – which is to prevent the
evils of switching, planting, or contamination of the corpus delicti resulting in the tainting of its integrity and
evidentiary value – will be greatly diminished or even completely negated.
FACTS:
The prosecution alleged that on September 22, 2005 and acting upon a tip from a confidential informant
regarding Cabrellos's alleged illegal drug activities in Ayungon, Negros Oriental, the Philippine Drug
Enforcement Agency and the Provincial Anti-Illegal Drugs Special Operations Group organized a buy-bust
team, with PO3 Allen June Germodo (PO3 Germodo) acting as poseur-buyer and PO2 Glenn Corsame (PO2
Corsame) as immediate back-up. The buy-bust team, together with the informant, then went to Cabrellos's
house. Thereat, the informant introduced PO3 Germodo as a shabu buyer. After PO3 Germodo gave Cabrellos
the two (2) marked P500.00 bills, Cabrellos took out two (2) plastic sachets containing suspected shabu from
her bag and handed it over to PO3 Germodo. Upon receipt of the sachets, PO3 Germodo placed Cabrellos
under arrest, with the rest of the buy-bust team rushing to the scene. The police officers searched Cabrellos's
bag and discovered seventeen (17) more sachets containing suspected shabu therein. The police officers then
brought Cabrellos and the seized items to the Ayungon Police Station for the conduct of photography and
inventory of the seized items. However, since only a barangay kagawad was present at the Ayungon Police
Station at that time, the police officers brought Cabrellos and the seized items to the Dumaguete Police Station
wherein they conducted a second inventory, this time in the presence of a representative each from the DOJ
and the media. Thereafter, the seized sachets were brought to the crime laboratory where the contents thereof
were confirmed to be methamphetamine hydrochloride or shabu.
Cabrellos was charged and convicted of illegal sale and illegal possession of dangerous drugs. CA
affirmed.
ISSUES:
 WoN the chain of custody rule was complied with

o NO. Initially, it would appear that the arresting officers complied with the witness requirement
during inventory, as seen in the Receipt of Property Seized dated September 22, 2005 which
contains the signatures of the required witnesses, i.e., a public elected official, a representative
from the DOJ, and a representative from the media. However, no less than PO3 Germodo
admitted in open court that they actually conducted two (2) separate inventories in different
places and in the presence of different witnesses.
o it is clear that the arresting officers conducted two (2) separate inventories, both of which are
glaringly non compliant with the required witnesses rule: (a) in the inventory conducted at the
Ayungon Police Station, only a public elected official – Brgy. Kagawad Raul Fausto – was
present thereat; and (b) on the other hand, the inventory conducted at the Dumaguete Police
Station was witnessed only by representatives from the DOJ and the media. To make matters
worse, the arresting officers attempted to cover up such fact by preparing a single inventory
sheet signed by the witnesses at different times and places.
o To reiterate, PO3 Germodo admitted that they had to re-do the inventory at the Dumaguete
Police Station for it to be witnessed by the DOJ and media representatives. However, the re-
conduct of the inventory at the Dumaguete Police Station was no longer witnessed by the public
elected official who was left behind at the Ayungon Police Station. Unfortunately, no excuse was
offered for such mishap; and worse, they even tried to trivialize the matter by making the
required witnesses sign a single inventory sheet despite the fact that they witnessed the
conduct of two (2) separate inventories. Thus, for failure of the prosecution to provide justifiable
grounds or show that special circumstances exist which would excuse their transgression, the
Court is constrained to conclude that the integrity and evidentiary value of the items purportedly
seized from Cabrellos have been compromised.
NOTES: Appeal GRANTED. Cabrellos ACQUITTED.

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People vs.

Plaintiff-appellee: PEOPLE OF THE PHILIPPINES

Accused-appellant: PATRICIA CABRELLOS Y DELA CRUZ

Ponente: PERLAS-BERNABE (Second Division)

Topic: Criminal Law; Remedial Law

 WoN the chain of custody rule was complied with

NOTES: Appeal GRANTED. Cabrellos ACQUITTED.

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