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Question XIV
XIV. Dimas was arrested after a valid buy-bust operation. Macario, the policeman who acted as poseur-buyer, inventoried and photographed ten (10) sachets of
shabu
in the presence of a
barangay tanod.
The inventory was signed by Macario and the
tanod,
but Dimas refused to sign. As Macario was stricken with flu the day after, he was able to surrender the sachets to the PNP Crime Laboratory only after four (4) days. During pre-trial, the counsel
de oficio
of Dimas stipulated that the substance contained in the sachets examined by the forensic chemist is in fact methamphetamine hydrochloride or
shabu.
Dimas was convicted of violating Section 5 of RA 9165. On appeal, Dimas questioned the admissibility of the evidence because Macario failed to observe the requisite "chain of custody" of the alleged
"shabu"
seized from him. On behalf of the State, the Solicitor General claimed that despite non-compliance with some requirements, the prosecution was able to show that the integrity of the substance was preserved. Moreover, even with some deviations from the requirements, the counsel of Dimas stipulated that the substance seized from Dimas was
shabu
so that the conviction should be affirmed.
(a)[a] What is the "chain of custody" requirement in drug offenses? (2.5%)
(b)[b] Rule on the contention of the State. (2.5%)
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