Non-Compliance with Section 21 of RA 9165

A close examination of the IRR of RA 9165 readily reveals that the custodial chain rule admits of exceptions. Thus, contrary to the brazen assertions of Cortez, the prescriptions of the IRR’s Sec. 21 need not be followed with pedantic rigor as a condition sine qua non for a successful prosecution for illegal sale of dangerous drugs. Non-compliance with Sec. 21 does not, by itself, render an accused’s arrest illegal or the items seized/confiscated from the accused inadmissible in evidence. What is essential is “the preservation of the integrity and the evidentiary value of the seized items, as the same would be utilized in the determination of the guilt or innocence of the accused.” (People vs. Cortez, G.R. No. 183819, July 23, 2009)