Legal Guidelines on Marking Seized 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
Legal Framework
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:
- The 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) shall be imposed upon any person who, unless authorized by law, shall sell, trade, administer, dispense, deliver, give away to another, distribute dispatch in transit or transport any dangerous drug, including any and all species of opium poppy regardless of the quantity and purity involved, or shall act as a broker in any of such transactions.
Guidelines on Marking of Seized Drugs
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, where the Supreme Court provided clear instructions on how the marking of seized drugs should be conducted.
- The marking of the seized dangerous drugs must be done:
- Immediately upon confiscation
- At the place of confiscation
- In the presence of the offender (unless the offender eluded the arrest)
- The conduct of inventory and taking of photographs of the seized dangerous drugs must be done:
- Immediately after seizure and confiscation
- In the presence of the accused, or the person/s from whom such items were confiscated and/or seized, or his/her representative or counsel
- Also in the presence of insulating witnesses
Consequences of Non-Compliance
Failure to adhere to the proper guidelines in marking seized evidence can seriously compromise the integrity and evidentiary value of the evidence presented in court. It is essential for law enforcement officers to follow the prescribed procedures to ensure a fair and just legal process.
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. Our opinion may vary when other facts are changed or elaborated on.