Oaminal asks DOJ to clarify distinctions of drug witnesses

CEBU, Philippines – Dangerous Drugs Board Undersecretary Clarence Paul Oaminal has requested the Department of Justice to issue a circular clarifying the distinction between the witnesses under section 21 of Republic Act 9165, or the Dangerous Drugs Law, and the witness required by Article 130 of the Revised Penal Code and Rule 126, Section 8 of the Revised Rules on Criminal Procedure.

Oaminal has asked Justice Secretary Raul Gonzales, through Senior Undersecretary Ernesto Pineda, to clarify the distinction between the witnesses in these three laws by emphasizing when the presence of two distinct witnesses would be required.

The witnesses enumerated by Section 21 of the Republic Act 9165 are required only to be present during the physical inventory and photography, that is only after the searching or arresting officers have taken initial custody of the drugs.

In his letter to Gonzales, Oaminal said that other important issues relative to it are the witnesses mentioned under the two circulars that have been misconstrued by the elected public officials, media and DOJ representatives, who are the witnesses enumerated in the law.

He added the DOJ should clarify in a circular that the presence of witnesses under Section 21 of Republic Act 9165 is required only during the inventory.

Secondly, he said it will also enlighten the prosecutors who dismissed cases on the ground that a witness on the inventory executed an affidavit that he was not present during the search, thus ruling that the inventory is a transgression of the law and that the integrity of the search is questionable.

Further, Oaminal said it should be emphasized that the framers of the law did not intend that the witnesses under section 21 must be present during the conduct of the search or buy bust operation. They are required to be present only during the physical inventory and photography. 

On the other hand, the witnesses under Article 130 of the Revised Penal Code (searching domicile without witnesses) and Rule 126, Section 8 of the Revised Rules on Criminal Procedure are distinct from the witnesses during the physical inventory and photography.

The hierarchy of witnesses under Article 130, lawful occupant or any member of his family, or in the default two witnesses residing in the same locality should be present during the conduct of the search. —Johanna Natavio/WAB (THE FREEMAN)