G.R. No. 229183, February 17, 2021.
The authorities organized an entrapment one alias “Kacho”, on board of a passenger jeepney, who in his possession, control and custody a dangerous drug. After five minutes, the identified passenger jeepney arrived and was flagged down. At that time, Kacho was about to throw out of the window a small object wrapped with electrical tape but PO2 Garcia held his hand. When unwrapped it contained a white crystalline substance. Kacho was brought to the police station and identified as petitioner Leonides Quiap.
The RTC convicted Leonides of Illegal Possession of Dangerous Drugs and ruled that his denial cannot prevail over the presumption of regularity in the performance of police duties. Moreover, the integrity and evidentiary value of the confiscated item had been preserved.
On appeal, Leonides questioned the validity of his arrest and raised the failure of the police officers to comply with the proper handling and custody of dangerous drug, i.e. the marking was not made at the place of seizure, the insulating witnesses were absent during the physical inventory, and no photograph of the confiscated item was taken.