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People of the Philippines Vs. Jose Alex Secreto y Villanueva

PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. JOSE ALEX SECRETO y VILLANUEVA, Accused-Appellant.

G.R. No. 198115 | 2013-02-27



SECOND DIVISION

D E C I S I O N

PEREZ, J.:

Once again, we recite the well-settled rule that non-compliance with the procedures laid down in Republic Act No. 9165 (R.A. 9165), otherwise known as the Comprehensive Dangerous Drugs Act of 2002, does not necessarily warrant the acquittal of the accused, 1 provided that when there is gross disregard of the prescribed safeguards, serious doubt arises as to the identity of the seized item presented in court,2 for which reason, the prosecution cannot simply invoke the presumption of regularity in the performance of official duties3 to justify the omissions. For, indeed, "a gross, systematic, or...