Understanding Drug Charges in the Philippines
Dear PAO,
My daughter’s friend, E, is being accused of selling illegal drugs. She has no witnesses to testify for her except herself because she was alone when the arrest happened. To be honest, everyone who knows E thinks she is innocent and that the supposed drugs are just planted evidence. What is also very questionable is the lapse of time from her arrest to the time the supposed drugs were marked. Someone told E’s family that the marking should have been done immediately after the arrest. There was no explanation given why about an hour had passed before the marking was made. Is there a possibility for her to be absolved? We really think she is innocent and is just being used as a scapegoat.
Maricel
Legal Perspective on Drug Offenses
Dear Maricel,
The unauthorized sale or any other form of distribution of dangerous drugs and/or controlled precursor and essential chemicals is strongly prohibited under our law, particularly Section 5, Article II of Republic Act (RA) 9165, otherwise known as the Comprehensive Dangerous Drugs Act of 2002. Any person caught committing any such activity can be heavily penalized pursuant to the same legal provision.
Elements of Conviction
However, allegations alone that a person was caught selling dangerous drugs will not suffice. Aside from the testimony of the arresting officer/s, poseur-buyer/s, and such other witnesses, the dangerous drug itself must be presented in court and its identity and integrity be established.
Importance of Evidence Integrity
Corollary, the procedure stated under Section 21 of RA 9165, as amended by RA 10640, relating to the custody and disposition of evidence in drugs cases, must be strictly complied with to ensure the integrity of the evidence used against the accused.
Challenging Evidence Integrity
Accordingly, E may question the integrity of the evidence used against her given that there was a sufficient lapse of time when the marking thereof was made and there appears to be no justifiable reason on the part of the arresting officer/s for said delay. Failure on the part of the Prosecution to prove the identity and/or integrity of the evidence may result in her acquittal.
