Trial ensued where a consolidated criminal case was filed against the accused for violation of Sec. 5 and 11 of RA 9165 which is the Comprehensive Dangerous Drugs Act of 2002 for Illegal Possession and Illegal Sale of Methamphetamine Hydrochloride otherwise known as "shabu".RTC of Laguna found Climaco guilty beyond reasonable doubt sentencing him to 12 to 14 years and to pay fine.
Accused appealed but CA affirmed his conviction declaring that all the elements of the crimes of Illegal Sale and Illegal Possession of Dangerous Drugs were proven.
ISSUE:
The sole issue in this case is whether the guilt of Climaco for the crimes of Illegal Sale and Illegal Possession of shabu was proven BEYOND REASONABLE DOUBT.
RULING:
Court resolved to acquit Climaco for the prosecution's failure to prove his guilt beyond reasonable doubt.
Chain of Custody:
1. Seizure/Confiscation > 2. Forensic Lab > 3. Safe Keeping > 4. Court Presentation
Duly recorded authorized movements and custody of seized drugs from time of seizure or confiscation to forensic lab, to safekeeping on to presentation in court SHOULD NOT BE TAMPERED.
There was a discrepancy of object evidence based on the testimony of accosting officer. The substances retrieved from Climaco and submitted to the court had the specimen marking of TR-R & TR-B. But according to the chemistry report however, the plastic sachets submitted for examination carried the markings GSC-1 & GSC-2.
Therefore the CHAIN OF CUSTODY was broken.
Decision of RTC and CA was SET ASIDE. Appellant Climaco therefore acquitted.
