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Errors in Criminal Evidence Case Analysis

The document summarizes a Supreme Court case regarding the arrest and conviction of individuals for drug possession. Several police officers committed errors during the arrest, seizure of evidence, and chain of custody that ultimately led to the overturning of the convictions. Specifically: [1] the accused could not have possessed the drugs as he was already in custody when the search occurred; [2] police failed to follow chain of custody procedures or justify these failures; and [3] several officers involved were not properly identified or called to testify. As a result, the Supreme Court determined the elements of possession were not proven and acquitted the accused individuals. Moving forward, police are instructed to strictly follow all evidence handling procedures to preserve integrity and prevent wrongful

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172 views3 pages

Errors in Criminal Evidence Case Analysis

The document summarizes a Supreme Court case regarding the arrest and conviction of individuals for drug possession. Several police officers committed errors during the arrest, seizure of evidence, and chain of custody that ultimately led to the overturning of the convictions. Specifically: [1] the accused could not have possessed the drugs as he was already in custody when the search occurred; [2] police failed to follow chain of custody procedures or justify these failures; and [3] several officers involved were not properly identified or called to testify. As a result, the Supreme Court determined the elements of possession were not proven and acquitted the accused individuals. Moving forward, police are instructed to strictly follow all evidence handling procedures to preserve integrity and prevent wrongful

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Comply Abseyutri
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© © All Rights Reserved
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  • Criminal Evidence Overview
  • Case Analysis

CRIMINAL EVIDENCE

PLT JONI D EVANGELISTA PS OBC 2023-03 “THUNDERS”

Performance Task

1. Read the case G.R. No. 250307, February 21, 2023, People of the
Philippines v. Robert Uy, et al and make a summary.

2. List down all the errors committed by the police officers and how the
errors affect the decision of the court.

3. If you are the police officers concern, what are you supposed to do?

=====================================
=

1) The case stemmed from the arrest of five (5) Chinese and one (1)
Filipino in Valenzuela on November 10 and 11, 2003. The Valenzuela
RTC acquitted Chinese Co Ching Ki while the cases against Jackie
Ong, Tan Ty Siao, and Go Siak Oing were dismissed after granting
their demurrer to evidence on the ground of lack of sufficient
evidence. The trial court however found the alleged leader of the
group William Gan, a Chinese, guilty of possession of illegal drugs;
while convicted Robert Uy, a Filipino, for possession and trafficking of
illegal drugs. The Court of Appeals also affirmed their conviction.

On February 21, 2023, the Supreme Court reversed the conviction of


the lone petitioner, accused-appellant Robert Uy and extend the
acquittal to co-accused William Gan. The high court said appellant Uy
cannot be held liable for actual possession of the illegal drugs
because he was already arrested and under police custody when the
warehouse leased by accused Gan was searched by the police,
defeating also the rule on constructive possession of appellant Uy as
he was neither the owner nor the lessee of said warehouse.

The Supreme Court also stated that the police failed to follow the
chain of custody, a strict requirement of Section 21 of R.A. No. 9165.
Further, the prosecution did not present justifiable reasons on this
non-compliance, thereby, failing to preserve the integrity and
evidentiary value of the corpus delicti of the crime.
Because the elements of illegal possession and delivery of illegal
drugs against appellant Uy were not proven as well as the failure to
observe the chain of custody, the acquittal of Uy was extended to
accused Gan even if he did not file a petition before the Supreme
Court because there is only one corpus delicti involved in their case.
Even if the appeal of Uy cannot affect non-appealing accused Gan
under Section 11, Rule 22 of the Revised Rules of Criminal
Procedure, the same rule made an exception if the judgment is
favorable and applicable to the latter.

2) There were many errors committed by the police officers that affected
the Supreme Court Decision, to wit:

a) Accused-appellant Uy could not have actual possession of the


seized items from the warehouse because he was already in police
custody and neither was the owner and the lessee of the
warehouse at the time the place was searched by the police;
b) The insulating witness from the DOJ, the media, and any elected
public official, mandatory under Section 21 of R.A. No. 9165 were
not present during inventory, a protection provided by the law;
c) There was a different identity among the policeman who seized the
illegal drugs and the officer who marked the same, and the seizing
personnel was not presented during trial;
d) The Investigator-On-Case was not identified, hence, the transfer of
custody from the seizing officer cannot be established;
e) The transfer of custody from the investigator to the then PNP Crime
Laboratory was also absent, and the one who delivered to and
received the same at Crime Lab never testified in court;
f) The evidence custodian of then PNP Crime Lab was also not
presented during trial; and, finally,
g) No justification on the above-mentioned errors was provided.

3) Because of some instances, prior the enactment of R. A. No. 9165, of


law enforcers planting evidence against innocent persons, safeguards
such as that provided under Section 21 were included to the subject
law as a protection against evil-minded agent of the State. As a police
officer, I need to strictly follow and enforce the same. Relatedly,
because the success of criminal prosecution lies on the integrity and
evidentiary value of seized items from anti-illegal drugs operations, I
must observe strictly the chain of custody and present to the
prosecution all the correct identification of accountable persons
involved, their sworn affidavits and continuous monitoring during trial.

PLT JONI D EVANGELISTA PS OBC 2023-03 “THUNDERS”

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