CHAIN OF CUSTODY IN RELATION TO SECTION 21 OF THE DANGEROUS

DRUGS ACT OF 2002

Q: What is the chain of custody?

A: It is the duly recorded authorized movements and custody of seized drugs or

controlled chemicals or plant sources of dangerous drugs or laboratory equipment of
each stage,

(1) from the time of seizure/confiscation to

(2) receipt in the forensic laboratory to

(3) safekeeping to

(4) presentation in court for destruction. Such record of movements and custody of seized item
shall include the identity and signature of the person who held temporary custody of the seized
item, the date and time when such transfer of custody were made in the course of safekeeping and
used in court as evidence and the final disposition (Sec. 1, DDB Reg. No. 1, Series of 2002).

Note: In cases involving violations of the Dangerous Drugs Act, credence is given to
prosecution witnesses who are police officers for they are presumed to have performed their duties
in a regular manner, unless there is evidence to the contrary suggesting ill- motive on the part of the

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police officers (People vs. Unisa, 368 SCRA 305).

Q: What is the purpose of establishing a chain of custody?

A: To guarantee the integrity of the physical evidence and to prevent the introduction of
evidence which is not authentic but where the exhibit is positively identified the chain
of custody of physical evidence is irrelevant.

Q: What is the rule in case of non-compliance with the procedure?

A: Non-compliance with the procedure shall not render void and invalid the seizure of
and custody of the drugs only when:

1. Such non-compliance was under justifiable grounds; 
 and 


2. The integrity and the evidentiary value of the seized 
 items are properly preserved by
the apprehending team. (People v. Dela Cruz, G.R. No. 177222, Oct. 29,2008; People
v. Rivera, G.R. No. 182347, Oct. 17, 2008; Sec. 21 (a), Art. II, IRR of RA 9165). 


Note: What is of utmost importance is the preservation of the integrity and evidentiary value of the seized
items, as the same would be utilized in the determination of the guilt or innocence of the accused.
The existence of the dangerous drug is a condition sine qua non for conviction for the illegal sale of
dangerous drugs. The dangerous drug itself constitutes the very corpus delicti of the crime and the
fact of its existence is vital to a judgment of conviction. The chain of custody requirement performs
the function of ensuring that the integrity and evidentiary value of the seized items are preserved, so
much so that unnecessary doubts as to the identity of the evidence are removed (People v. Rivera,
ibid.).

Q: When is there a need to establish a chain of custody?

A: It is necessary when the object evidence is non-unique as it is not readily identifiable,

was not made identifiable or cannot be made identifiable, e.g. drops of blood or oil,
drugs in powder form, fiber, grains of sand and similar objects. (Riano, Evidence: A
Restatement for the Bar, p. 149, 2009 ed)

RULE ON DNA EVIDENCE

(A.M. NO. 06-11-5-SC)

Q: In what situations does the Rule on DNA Evidence apply?

A: It shall apply whenever DNA evidence is offered, used, or proposed to be offered or

used as evidence in all criminal and civil actions as well as special proceedings (Sec. 1, AM
No. 06-11-5-SC).

Q: What is DNA?

A: DNA (deoxyribonucleic acid) is the chain of molecules found in every nucleated cell
of the body (Sec. 3, AM No. 06-11-5-SC). It is the fundamental building block of a
person’s entire genetic make-up, which is found in all human cells and is the same in
every cell of the same person (People v. Umanito, G.R. No. 172607, Oct. 26, 2007).

Q: What is DNA evidence?

A: It constitutes the totality of the DNA profiles, results and other genetic information
directly generated from DNA testing of biological samples (Sec. 3(c), AM No. 06-11-5-
SC).

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Q: What is DNA testing?

A: It means verified and credible scientific methods which include the extraction of
DNA from biological samples, the generation of DNA profiles and the comparison of
the information obtained from the DNA testing of biological samples for the purpose of
determining, with reasonable certainty, whether or not the DNA obtained from two or
more distinct biological samples originates from the same person (direct identification)
or if the biological samples originate from related persons (Kinship Analysis) (Sec. 3(e),
AM No. 06-11-5-SC).

Note: The scientific basis of this test comes from the fact that our differences as individuals are due
to the differences in the composition of our genes. These genes comprise a chemical substance, the
deoxyribonucleic acid or DNA [The Court Systems Journal (1999)].

Q: What is the significance of DNA?

A: The significance lies in the uniqueness of the totality of the DNA of a person. It is a
scientific fact that the totality of individual’s DNA is unique for the individual, except
identical twins (Sec. 3, AM No. 06-11-5-SC).

Q: During Alexis’ trial for rape with murder, the prosecution sought to introduce
DNA evidence against him, based on forensic laboratory matching of the materials
found at the crime scene and Alexis’ hair and blood samples. Alexis’ counsel
objected, claiming that DNA evidence is inadmissible because the materials taken
from Alexis were in violation of his constitutional right against self-incrimination as
well as his right of privacy and personal integrity. Should the DNA evidence be
admitted or not? Reason. (2004 Bar Question)

A: The DNA evidence should be admitted. It is not in violation of the constitutional

right against self- incrimination or his right of privacy and personal integrity. The right
against self-incrimination is applicable only to testimonial evidence. Extracting a blood
sample and cutting a strand from the hair of the accused are purely mechanical acts that
do not involve his discretion nor require his intelligence.

APPLICATION FOR DNA TESTING ORDER

Q: How may an order for DNA testing be obtained?

A: A person who has a legal interest in the litigation may file an application before the
appropriate court, at any time (Sec. 4, AM No. 06-11-5-SC).

The order for a DNA testing shall not however, be issued as a matter of course and from
the mere fact that the person requesting for the testing has a legal interest in the
litigation. For the order to be issued, there must be a further showing that:

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Q: Is a court order always required before undertaking a DNA testing?

A: No. The Rules on DNA Evidence allows a testing without prior court order if done
before a suit or proceeding is commenced at the behest of any party including law
enforcement agencies. This also means that a litigation need not exist prior to DNA
testing. Thus, a court order shall be required only if there is a pending litigation but not
before the litigation (Sec. 4, AM No. 06-11-5-SC).

Q: What should the courts consider in evaluating DNA testing results?

A:

3. The evaluation of the weight of matching DNA evidence or the relevance of

mismatching DNA evidence; 


4. The results of the DNA testing in the light of the totality of the other evidence
presented in the case; and 


5. DNA results that exclude the putative parent from paternity shall be conclusive proof
of non-paternity (Sec. 9, AM No. 06-11-5-SC). 


Q: If a DNA test was conducted, what are the possible results that it may yield?

A:

a. The samples are similar, and could have originated from the same source (Rule of
Inclusion). In such a case, the analyst proceeds to determine the statistical
significance of the similarity. 


b. The samples are different hence it must have originated from different sources (Rule of
Exclusion). This conclusion is absolute and requires no further analysis; 


c. The test is inconclusive. This might occur due to degradation, contamination, failure of
some aspect of protocol, or some other reasons. Analysis might be repeated to
obtain a more conclusive result (People v. Vallejo, G.R. No. 144656, May 9, 2002). 


Q: Are the DNA profiles of a person open to public scrutiny?

A: DNA profiles and all results or other information obtained from DNA testing shall
be confidential. Except upon order of the court, a DNA profile and all results or other
information obtained from DNA testing shall only be released to any of the following,
under such terms and conditions as may be set forth by the court:

6. Person from whom the sample was taken; 


7. Lawyers of private complainants in a criminal 
 action; 


8. Duly authorized law enforcement agencies; and 


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9. Other persons as determined by the court 
 (Sec.11). 


Note: Whoever discloses, utilizes or publishes in any form any information concerning a DNA
profile without the proper court order shall be liable for indirect contempt of the court wherein such
DNA evidence was offered, presented or sought to be offered and presented. (Ibid.)