PEOPLE OF THE PHILIPPINES VS. EDWIN CABRERA [ G.R. No. 190175, November 12, 2014 ]

PEOPLE OF THE PHILIPPINES VS. EDWIN CABRERA

[ G.R. No. 190175, November 12, 2014 ]

Facts:

After receiving information from residents of Sitio Galaxy, Tangke, Talisay, Cebu and a report from a confidential asset of the illegal drug activities of appellant, police officers conducted a buy-bust operation against appellant. At about 4:30 p.m., poseur-buyer, together with the confidential asset, approached appellant who was standing outside his house. PO1 Palconit gave appellant two marked P50.00 bills, while the latter handed to him two plastic sachets containing white crystalline substance. Thereupon, PO1 Palconit made the pre-arranged signal by touching his head with his right hand. His back-ups then rushed to the scene and simultaneously therewith PO1 Palconit arrested the appellant. He then put the markings "EC" on the two plastic sachets and brought the same to the Philippine National Police (PNP) Crime Laboratory for forensic examination.

The chemistry report from the PNP Crime Laboratory later revealed that the white crystalline substance with a total weight of 0.11 gram inside the two plastic sachets marked with "EC" tested positive for methylamphetamine hydrochloride or shabu, a dangerous drug.

Issue:

Whether or not there is compliance with Section 21 of the implementing rules of RA 9165

Ruling:

With regard to the non-compliance by the police officers with Section 21 of the Implementing Rules of RA 9165 as alleged by appellant in his Supplemental Brief, particularly the lack of physical inventory of the seized specimen and the non-taking of photograph thereof, the Court notes that appellant raised the same only in this appeal. The records of the case is bereft of any showing that appellant objected before the RTC regarding the seizure and safekeeping of the shabu seized from him on account of the failure of the police officers to maintain an unbroken chain of custody of the said drugs. The only time that appellant questioned the chain of custody was before the CA but not on the ground of lack of physical inventory or non-taking of photograph, but on the alleged gap between the time of confiscation of the specimen and the time of its submission to the PNP Crime Laboratory. But even then, it was already too late in the day for appellant to do so. 

Appellant should have raised the said issue before the trial court. In similar cases, the Court brushed aside the accused's belated contention that the illegal drugs confiscated from his person were inadmissible because the arresting officers failed to comply with Section 21 of RA 9165. "Whatever justifiable grounds may excuse the police officers from literally complying with Section 21 will remain unknown, because [appellant] did not question during trial the safekeeping of the items seized from him. Objection to evidence cannot be raised for the first time on appeal; when a party desires the court to reject the evidence offered, he must so state in the form of an objection. Without such objection, he cannot raise the question for the first time on appeal.