People VS Prajes

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PEOPLE VS PRAJES

FACTS: Prajes met up with Sabayton and SI Tumalon in a makeshift house in


Kinasang-an, where Mala later joined them. Since Prajes had not brought with him the
illegal drugs to be sold, the group proceeded to his father’s house which was only 15 to
20 meters away from the makeshift house 8 and there, SI Tumalon received the illegal
drugs from Prajes.While they were at the ground floor of the house, Prajes handed to SI
Tumalon two packs of shabu having a total weight of 100 grams. When SI Tumalon
pointed out that he needed 200 grams, Prajes instructed Mala to produce more stock.
Mala left the house, then later came back with another pack, which he handed to SI
Tumalon. Thereafter, SI Tumalon gave one bundle of the buy-bust money to Prajes,
and the other bundle to Mala.9

Upon the accused-appellants’ receipt of the buy-bust money, SI Tumalon introduced


himself to them as an NBI agent. Soon thereafter, the other members of the buy-bust
team arrived. The accused-appellants were handcuffed and brought to the NBI office,
where their photographs and fingerprints were taken. 11 At the NBI office, SI Tumalon
handed the buy-bust money and three packs of shabu to SI Saavedra, who placed his
markings on the packs of shabu. SI Saavedra also prepared the letter-request for
examination of the illegal drugs, which he personally turned over to Chemist Rommel
Paglinawan12 of the Forensic Chemistry Section, Central Visayas Regional Office of the
NBI. A laboratory examination of the three packs sold by the accused-appellants to SI
Tumalon confirmed that the specimen contained methylamphetamine hydrochloride or
shabu. An ultraviolet examination performed by the NBI also confirmed the presence of
fluorescent powder on the accused-appellants’ hands.

ISSUE: W/N there was sufficient compliance by the NBI operatives with the rule
on chain of custody.

RULING: YES. the marking was performed by SA Saavedra only upon the buy-
bust team’s arrival at the NBI office did not adversely affect the prosecution’s case
against the accused-appellants. Given the situation at the house where the accused-
appellants were caught in flagrante delicto and then arrested by the buy-bust team, the
failure of SA Saavedra to mark the seized drugs at the said site was justified. In his
testimony before the trial court, SA Minguez described that after the accused-
appellants’ arrest, their neighbors interfered and rallied for the accused-appellants, even
compelling members of the buy-bust team inside the house to seek the immediate aid of
their peers so that they could leave the premises

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