Legal Guidelines on Marking Seized Prohibited Drugs
Dear PAO,
My brother was allegedly apprehended for selling prohibited drugs. A corresponding case was filed against him. He, however, had a different version. He revealed to me that the police had just brought him to the police, where he was made to point to a plastic sachet containing a white substance. His photo was taken in front of the plastic sachet and in the presence of a barangay official and the media. Then, the police proceeded to mark the plastic sachet. According to my uncle, who happens to be a policeman, the evidence should be marked at the place where my brother was caught selling illegal drugs, so the procedure adopted by the arresting officers is irregular. May I know the guidelines that should be followed or when and how the marking of seized prohibited drugs should be done? What is the consequence of non-compliance with the guidelines in the marking of evidence?
Harry
Dear Harry,
Selling of prohibited drugs is punishable under Section 5, Article II of Republic Act (RA) 9165, as amended, or the Comprehensive Dangerous Drugs Act of 2002:
Legal Consequences of Selling Prohibited Drugs
- Penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) for unauthorized sale of dangerous drugs.
Guidelines on Marking Seized Evidence
The marking of evidence must be done in accordance with the guidelines set in the case of People of the Philippines v. Verdadero, GR 258316, Nov. 20, 2023.
Supreme Court Guidelines on Evidence Marking
- Marking should be done in the presence of the apprehended violator immediately upon confiscation.
- Inventory and photographs of seized drugs must be taken in the presence of the accused and witnesses.
Applying the Supreme Court decision, failure to mark evidence properly can compromise its integrity and evidentiary value in court.
We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same.
