LUNA v PEOPLE 

G.R. No. 231902, June 30, 2021 

Elements of the crime of illegal possession of dangerous drugs; Intent to possess. Chain of custody; Strict compliance. 

To prosecute an Accused for illegally possessing illegal drugs, it is not enough to show that the accused knowingly and intentionally possessed the bag or receptacle that contained illegal drugs. The prosecution must go beyond and provide evidence that the accused knowingly, freely, consciously, and intentionally possessed illegal 

drugs. 

Luna was charged with the crime of illegal possession of dangerous drugs under Section 11, Article II of R.A. No. 9165. Luna was apprehended during a buy-bust operation, the authorities seized 6 packs containing white crystalline substance. An inventory was prepared but Luna refused to sign the same. The trial court found Luna guilty which was affirmed on appeal. The appellate court held that since Luna drove the vehicle which contained the Seized Packs of shabu, he had constructive possession thereof. 

Whether the accused is guilty of illegal possession of dangerous drugs. 

NO. In cases involving prohibited drugs, there can be no conviction unless the prosecution shows that the accused knowingly, freely, intentionally, and consciously possessed the prohibited articles in his person, or that animus possidendi is shown to be present together with his possession or control of such article. 

Here, Luna testified that he is engaged in a lawful livelihood as a driver and occasionally drives for Lagman and her clients. The bag retrieved from the vehicle did not come from and was not owned by him. It was not established that the bag and its contents were under his effective control and dominion. It was Sexy －Lagman’s client－ who effectively wielded control of such. 

REASONABLE DOUBT AS TO THE INTEGRITY AND EVIDENTIARY VALUE OF THE SEIZED PACKS OF DRUGS 

The law requires strict compliance with procedures laid down to ensure that rights are safeguarded. To wit:(1) the seized items be inventoried and photographed immediately after seizure or confiscation; (2) the physical inventory and photographing must be done in the presence of (a) the accused or his/her representative or counsel, (b) an elected public official, (c) a representative from the media, and (d) a representative from the Department of Justice (DOJ), all of whom shall be required to sign the copies of the inventory and be given a copy thereof. 

Here, the inventory and marking of the evidence retrieved were not done immediately after seizure, no representative from the media, DOJ and an elected official witnessed said inventory and marking.