Guevarra hopes for 'liberality' in application of guidelines on custody of drug evidence

MANILA, Philippines — Justice Secretary Menardo Guevarra on Thursday said he hopes there would be a sense of “liberality” in local court’s application of strict guidelines on custody of evidence in drug-related cases.

During his speech at the National Summit on the Dangerous Drugs Law, Guevarra cited the importance of the chain of custody rule in drug cases. He said that “stringent technical requirements” under the laws might be abused by the guilty to escape punishment “by mere technicality.”

Section 21 of Republic Act 9165 or the Comprehensive Dangerous Drugs Act of 2002 sets eight rules on the custody and disposition of seized drugs, chemicals, paraphernalia and/or laboratory equipment in drug cases.

The Supreme Court, in 2018, set guidelines for authorities, prosecutors and courts on the said provision of the law.

READ: SC sets rules on drug-related seizures, arrests

At a chance interview at the sidelines of the summit, the justice chief explained that there “needs to be a little sense of liberality in the application of those rules, if it can be shown that there are sufficient safeguards,” such as when there are other “credible people” who could testify that drugs were seized.

The justice secretary said he hopes that courts might consider applying liberality if there is ample evidence securing the integrity of evidence.

“The sense of liberality that I speak of refers to the manner in which the courts should apply this provision, more particularly in the case of non-compliance with the technical requirements but the integrity of the seized items has nevertheless been sufficiently preserved,” he explained.

“We want the court not to dismiss if there’s ample evidence that the integrity and evidentiary value of the seized illegal drugs have not been compromised, notwithstanding failure to comply with all the technical requirements,” Guevarra further expounded in a text message to reporters.

RELATED: SC acquits 3 drug convicts due to evidence mishandling

The Romy Lim case

Guevarra said that the precedent set in the Romy Lim case is “okay” but balance might still be needed.

The SC, in October 2018, acquitted “on reasonable doubt” suspected small-time drug trader Lim in a narcotics case after the Philippine Drug Enforcement Agency failed to follow the rules on the marking of evidence.

In the same ruling dated September 4, the high court laid down a mandatory policy in arrests and seizures related to illegal drugs. 

Chief Justice Lucas Bersamin, also at the sidelines of the summit, said that the Romy Lim case "should not be understood in the light of lessening the burden of the government to prove the case."

He stressed: "It's really a requirement for us to follow the context of the law."

The chief justice explained that Section 21 of RA 9165 also provides that the arresting officers must explain why they did not follow strictly the rules on custody of evidence.

"We are making it easy for the arresting officers to comply with the letter of the law. We did not impose any new requirement," Bersamin also said. —  Kristine Joy Patag