1. The Relevance of Section 21 (R.A.
No. 9165) in Prosecuting Sections 5
and 11
By:
BENJAMIN R. SAMSON
(Prosecutor, Department of Justice)

2. PDEA as Lead Agency
• The Philippine Drug Enforcement Agency (PDEA) is the
lead agency in the country’s campaign against illegal
drugs (Section 86)
• Mandated, among others, to implement or cause the
efficient and effective implementation of the national
drug control strategy formulated by the Dangerous
Drugs Board thereby carrying out a national drug
campaign program which shall include drug law
enforcement, control and prevention campaign with
the assistance of concerned government agencies
[Section 84(a)]

3. PDEA…
• The Internal Rules and Regulations
implementing the aforesaid provision is silent
as to the consequences of the failure of the
law enforcers to seek the authority of the
PDEA prior to conducting the buy-bust
operation

4. Sections 5 and 11
• Section 5 punishes the sale, trading,
administration, dispensation, delivery,
distribution and transportation of dangerous
drugs and/or controlled precursors and
essential chemicals
• Section 11 penalizes possession of dangerous
drugs

5. Sec. 5…
• For the crime of illegal sale of drugs to be
committed, the identities of the buyer and the
seller, the object and the consideration and
the delivery of the thing sold and the payment
therefor must be established (People v. Aure,
G.R. No. 185163, 17 January 2011)

6. Sec. 11…
• In the prosecution of illegal possession of
dangerous drugs, it must be shown that:
(1.) the accused is in possession of an item or an
object identified to be a prohibited or regulated
drug;
(2.) such possession is not prohibited by law; and
(3.) the accused freely and consciously possessed
said drug (People v. Villahermosa, G.R. No.
186465, 01 June 2011)

7. Corpus Delicti and Section 21
• Essential in proving the elements of Sections 5
and 11 is the burden on the part of the
prosecution to establish beyond reasonable
doubt the existence of the drug, the corpus
delicti of the crime
• Section 21 provides the procedures to be
followed by law enforcement officers

8. Corpus Delicti…
• The apprehending team having initial custody
and control of the drugs shall, immediately after
seizure and confiscation, physically inventory and
photograph the same in the presence of the
accused or the person/s from whom such items
were confiscated and/or seized, or his/her
representative or counsel, a representative from
the media and the department of Justice (DOJ)
and any elected public official who shall be
required to sign the copies of the inventory and
be given copy thereof (Section 21)

9. Chain of Custody
• Means the duly recorded authorized
movements and custody of seized drugs or
controlled chemicals or plant sources of
dangerous drugs or laboratory equipment of
each stage, from the time of
seizure/confiscation to receipt in the forensic
laboratory to safekeeping to presentation in
court

10. Chain of Custody…
• Non-compliance with [these] requirements
under justifiable grounds, as long as the
integrity and the evidentiary value of the
seized items are properly preserved by the
apprehending officer/team, shall not render
void and invalid such seizures of and custody
over said items (People v. Almodiel, G.R. No.
200951, 05 September 2012)

11. Chain of Custody…
• Failure of the law enforcers to comply strictly
with Section 21 was not fatal. It did not render
the arrest of the accused illegal nor the
evidence adduced against him inadmissible.
The law excuses non-compliance under
justifiable grounds (People v. Sta. Maria, G.R.
No. 171019, 23 February 2007)

12. Chain of Custody…
• What is of utmost importance is the
preservation of the integrity and evidentiary
value of the seized items, as the same would
be utilized in the determination of the guilt or
innocence of the accused (Marquez v. People,
G.R. No. 197207, 13 March 2013)

13. Presumption of Regularity in the
Performance of Duties
• Absent any showing of bad faith, it is
presumed that the official acts of an officer of
the law are presumed to be legal and made in
accordance with law. It is for the courts to
decide whether there is basis to sustain the
presumption or disregard the same

14. Presumption of Regularity…
• In cases involving violations of the Dangerous
Drugs Act, credence is given to prosecution
witnesses who are police officers, for they a
presumed to have performed their duties in a
regular manner, unless there is evidence to
the contrary suggesting ill motive on the part
of the police officers or deviation from the
regular performance of their duties (People v.
Tion, G.R. No. 172092, December 16, 2009)