Scribd
Upload
226 views2 pages

People vs. Banquilay Digest

The SC affirmed Banquilay’s conviction for sale of dangerous drug, finding that the chain of custody was complied with based on the testimonies of the prosecution witnesses and supporting documents. While strict compliance with police procedures is not required, the appellant bears the burden of showing that evidence was tampered with. Here, the testimony identifying the drugs was corroborated and established that the integrity of the evidence was preserved.

Uploaded by

Emir Mendoza
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
226 views2 pages

People vs. Banquilay Digest

The SC affirmed Banquilay’s conviction for sale of dangerous drug, finding that the chain of custody was complied with based on the testimonies of the prosecution witnesses and supporting documents. While strict compliance with police procedures is not required, the appellant bears the burden of showing that evidence was tampered with. Here, the testimony identifying the drugs was corroborated and established that the integrity of the evidence was preserved.

Uploaded by

Emir Mendoza
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 2

People vs.

Banquilay (2018)

Plaintiff-appellee: PEOPLE OF THE PHILIPPINES

Accused-appellant: HENRY BANQUILAY Y ROSEL

Ponente: Peralta (First Division)

Topic: Criminal Law

SUMMARY: The SC affirmed Banquilay’s conviction for sale of dangerous drug, finding that the chain of custody
has not been broken.

DOCTRINE: If the evidence of illegal drugs was not handled precisely in the manner prescribed by the chain of
custody rule, the consequence relates not to the inadmissibility that would automatically destroy the prosecution's
case but rather to the weight of evidence presented for each particular case.

Requirements of marking of the seized items, conduct of inventory, and taking of photographs in the
presence of a representative from the media or the DOJ and a local elective official, are police investigation
procedures which call for administrative sanctions in case of non-compliance. Violation of such procedure may
even merit penalty under RA No. 9165.

However, non-observance of such police administrative procedures should not affect the validity
of the seizure of the evidence, because the issue of chain of custody is ultimately anchored on the admissibility
of evidence, which is exclusively within the prerogative of the courts to decide in accordance with the rules on
evidence.

The integrity of the evidence is presumed to be preserved unless there is showing of bad faith, ill-will, or
proof that the evidence has been tampered with. The appellant 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 discharge their duties

FACTS:

On May 2, 2012, at around 9:00 in the morning, several Philippine Drug Enforcement Agency (PDEA)
agents, namely IO3 Tablate, IO1 Katangkatang, and IO1 Aurelia, among others, received instructions from their
superior to conduct a buy-bust operation in Caibiran, Biliran. IO3 Tablate was assigned as the operation's team
leader, while IO1 Aurelia was assigned as the operation photographer. IO1 Katangkatang was designated as
the poseur-buyer and would be accompanied by their informant. The team prepared the PDEA pre-operation
report with Authority to Operate with control number M005-01-12A. At around 1:00 in the afternoon, the team
arrived at a beach resort outside of Caibiran, Biliran, to meet the rest of the team consisting of members of the
Caibiran Police Station, and their informant. IO3 Tablate, along with PO2 Vivero of the Caibiran Police Station,
were assigned as the arresting officers, while the rest served as back-up.

Upon reaching the town proper, the informant contacted Banquilay, and was told that the transaction
would take place near a pharmacy store. Thereafter, IO1 Katangkatang and the informant proceeded to the
pharmacy store and upon their arrival, they immediately saw a man wearing a white sando and a light colored
pair of shorts, whom the informant identified as the accused-appellant Henry Banquilay y Rosel. The informant
approached Banquilay and introduced IO1 Katangkatang as the buyer, and the latter asked if the "item" was
available. Banquilay, in response, asked if they had the money. At around 5:20 in the afternoon, after handing
the marked P1,000.00 bill to Banquilay, he handed one (1) heat-sealed sachet containing a white crystalline
substance which he suspected to be "shabu."

After receiving the sachet, IO1 Katangkatang, serving as the custodian of the evidence seized, initiated
the agreed upon signal by sending a missed call to IO3 Tablate. Afterwards, at around 5:30 in the afternoon, IO3
Tablate and PO2 Vivero saw that Banquilay was heading towards the bus terminal and they ordered him to stop.
IO3 Tablate announced that they were PDEA agents and arrested Banquilay thereafter. Banquilay was then
brought to the Caibiran Police Station wherein they waited for the necessary witnesses, with the media
representative, Sajid Primo of Radyo Natin, awaiting their arrival. Upon Barangay Captain Insigne's arrival, IO1
Katangkatang conducted a body search on Banquilay and retrieved the marked P1,000.00 bill, a P500.00 bill, a
cellular phone, four (4) capsules of Mefenamic acid, and three (3) capsules of Amoxicillin. The inventory was
then conducted in the presence of Banquilay, the elected official, and the media representative, and IO1
Katangkatang placed his initials "FYK" and the date 5-1-12 on the plastic sachet. After that, the witnesses were
asked to sign the Inventory Receipt, and at around 8:00 in the evening, the team left for Tacloban City to have
the white crystalline substance subjected to laboratory examination.

At around 12:35 past midnight on May 2, 2012, PO1 Canaleja, the assigned receiving PNCO at the
Regional Crime Laboratory Office Region VIII, Camp Kangleon, Palo, Leyte, received a transparent plastic
sachet containing a white crystalline substance and marked with "FYK" and "5-1-12" from IO1 Katangkatang for
laboratory examination. After receipt, he placed the same in a locker that only he could access as the receiving
PNCO. At around 8:00 in the morning, he turned over the sachet to PSI Malibago for examination. Based on PSI
Malibago's examination, the white crystalline substance tested positive for methamphetamine hydrochloride
otherwise known as "shabu. "She then prepared Chemistry Report No. D-04-2012 and signed the same.

Banquilay was charged with illegal sale of dangerous drug. CA affirmed.

ISSUES:

 WoN the chain of custody rule was complied with


o YES. As demonstrated by the testimonies of the prosecution witnesses and the supporting
documents they presented and offered, the chain of custody did not suffer from serious flaws.
The testimony of IO1 Katangkatang was well corroborated in its material points by the operation
team leader IO3 Tablate, and the back-up arresting officer, PO2 Vivero, and that the plastic sachet
of shabu was positively identified by IO1 Katangkatang during trial. These facts persuasively
prove that the plastic sachet of shabu presented in court was the same item sold by Banquilay to
IO1 Katangkatang during the buy-bust operation. Therefore, the integrity and evidentiary value
thereof was duly preserved.

NOTES: Appeal DISMISSED.

You might also like

pFad - Phonifier reborn

Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.

Note: This service is not intended for secure transactions such as banking, social media, email, or purchasing. Use at your own risk. We assume no liability whatsoever for broken pages.


Alternative Proxies:

Alternative Proxy

pFad Proxy

pFad v3 Proxy

pFad v4 Proxy