Dear PAO,
My brother was arrested in a buy-bust operation involving illegal drugs. Consequently, he was charged, and the prosecution failed to present the forensic chemist. According to my brother, the prosecution and the defense agreed that the chemist’s testimony was no longer necessary. I believe that the non-presentation of the forensic chemist is fatal to the prosecution’s case. Am I correct in my assumption?
Basilius
Dear Basilius,
In illegal drug cases, it is essential to establish that the prohibited drugs involved are the same substance presented in court. This is done by proving the chain of custody. The Supreme Court, speaking through Associate Justice Japar Dimaampao, enumerated the links in the chain of custody in Besenio vs. People of the Philippines (GR 237120, June 26, 2024), to wit:
“xxx, there are four critical links in the chain of custody of seized drugs that must be proven: (1) the seizure and marking of the illegal drugs recovered from the accused by the apprehending officer; (2) the turnover of the illegal drugs seized by the apprehending officer to the investigating officer; (3) the turnover by the investigating officer of the illegal drugs to the forensic chemist for laboratory examination; and (4) the turnover and submission by the forensic chemist of the marked illegal drugs to the court.”
The forensic chemist is the third link in the chain of custody. His/her role is specified under Section 1 (3) of Republic Act 10640, which amended Section 21 of Republic Act 9165, viz:
“A certification of the forensic laboratory examination results, which shall be done by the forensic laboratory examiner, shall be issued immediately upon the receipt of the subject item/s: Provided, That when the volume of dangerous drugs, plant sources of dangerous drugs and controlled precursors and essential chemicals does not allow the completion of testing within the time frame, a partial laboratory examination report shall be provisionally issued stating therein the quantities of dangerous drugs still to be examined by the forensic laboratory: Provided, however, That a final certification shall be issued immediately upon completion of the said examination and certification.”
Although the forensic chemist is part of the chain of custody, his/her appearance in court is not indispensable. His/her testimony or attendance may be the subject of stipulation between the parties and it only needs to comply with certain requirements. These requirements were enumerated in People of the Philippines vs. Cabuhay (GR 225590, July 23, 2018), where the Supreme Court, speaking through Associate Justice Samuel Martires, stated that:
In People v Pajarin, the Court ruled that in case of a stipulation by the parties to dispense with the attendance and testimony of the forensic chemist, it should be stipulated that the forensic chemist would have testified that he had taken the precautionary steps required to preserve the integrity and evidentiary value of the seized item, thus: (1) that the forensic chemist received the seized article as marked, properly sealed and intact; (2) that he resealed it after examination of the content; and (3) that he placed his own marking on the same to ensure that it could not be tampered with pending trial.”
Applying the above-quoted jurisprudence to your situation, the attendance of the forensic chemist may be dispensed with by stipulation of the parties provided he/she has taken steps to preserve the integrity and evidentiary value of the seized prohibited drugs and as long as he/she has complied with the three requirements enumerated above. Thus, your assumption that the attendance of the forensic chemist is mandatory has no legal basis.
We hope that we were able to answer your queries. This advice is solely based on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
Thank you for your continued trust and support.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net.
