Mishandling of evidence bungling many drug cases

CEBU, Philippines - Mishandling of evidence has led to the acquittal of 81 out of 83 drug cases filed since April last year, said judge Macaundas Hadjirasul. The acquittals were due to the non-compliance of Section 21 of Republic Act 9165 or the Comprehensive Dangerous Drug Act of 2002.

Hadjirasul said that Section 21 plays a vital role in the verdict of drug-related cases since it is on the proper inventory and preservation of evidence after the drug is confiscated like during buy-bust operations or raids.

He said that most of the cases were not convicted since most did not conform to the regulations of the law on proper documentation like photography of the evidence.

Section 21 of the said law implements the proper “Custody and Disposition of Confiscated, Seized, and/or Surrendered Dangerous Drugs, Plant Sources of Dangerous Drugs, Controlled Precursors and Essential Chemicals, Instruments/Paraphernalia and/or Laboratory Equipment.”

According to Section 21, the Philippine Drug Enforcement Agency “shall take charge and have custody of all dangerous drugs, plant sources of dangerous drugs, controlled precursors and essential chemicals, as well as instruments/paraphernalia and/or laboratory equipment so confiscated, seized and/or surrendered.”

The confiscated drugs taken by the apprehending team will immediately after seizure and confiscation, be inventoried and photographed in the presence of the accused, or his or her representative or counsel, a representative from the media and the Department of Justice, and any elected public official who shall be required to sign the copies of the inventory.

The law also states that within 24 hours upon the confiscation, shall be submitted to the PDEA Forensic Laboratory for a qualitative and quantitative examination.

The court would also have 72 hours after the filing of the criminal case to conduct an ocular inspection of the seized items.

Confiscated shabu worth a total of 110.88 grams were destroyed yesterday morning in the sala of Hadjirasul.

Destroying of the illegal substances, as per stated in the law, should be done in front of the accused or their representatives, a representative from the media and the Department of Justice, civil society groups and any elected public official.

Jonah Pinanonag of the Philippine Drug Enforcement Agency, who led in destroying the illegal substances, yesterday said that as of now shabu is still one of the most popular illegal substances that they have confiscated in their operations as it can produce substantial effect even in minimal amounts. — AJ de la Torre/BRP (FREEMAN NEWS)