Wednesday, March 26, 2014

THE FAILURE TO SUBMIT IN EVIDENCE THE REQUIRED PHYSICAL INVENTORY OF THE SEIZED DRUGS AND THE PHOTOGRAPH, AS WELL AS THE ABSENCE OF A MEMBER OF MEDIA OR THE DOJ, PURSUANT TO SECTION 21, ARTICLE II OF REPUBLIC ACT NO. 9165 IS NOT FATAL AND WILL NOT RENDER AN ACCUSED’S ARREST ILLEGAL OR THE ITEMS SEIZED/CONFISCATED FROM HIM INADMISSIBLE.

It is well-settled that the testimonies of the police officers in dangerous drugs cases carry with it the presumption of regularity in the performance of official functions. Absent any clear showing that the arresting officers had ill-motive to falsely testify against the petitioner, their testimonies must be respected and the presumption of regularity in the performance of their duties must be upheld. (Nelson Valleno vs. People of the Philippines, G.R. No. 192050, January 9, 2013, Perez, J.)

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