'Criminalize mishandling of evidence'

Sen. Renato Cayetano has proposed to criminalize the mishandling of evidence gathered in a crime scene, whether by negligence or with deliberateness.

"We should put to a stop and rectify the pernicious practice of bungling of evidence by law enforcers," he said.

Cayetano, chairman of the Senate committee on justice and human rights, filed Senate Bill 2001 after noting a big number of criminal cases dismissed by the courts because the police or other law enforcement agencies had presented mishandled or polluted evidence.

"A good example of these lamentable incidents are the bombing at the National Bureau of Investigation compound in August 1999 and the death of Judge Martin Ocampo in Cebu in October," he said.

Under his bill, any deviation from well-defined standard operating procedures or infidelity in the custody and safekeeping of such evidence shall be considered a criminal offense.

Mishandling will include failure to secure the crime scene, preserve the scene and all the pieces of evidence therein, and improper turnover of gathered evidence to authorities.

"It will also include infidelity in the safekeeping and custody of gathered evidence, resulting in its inadmissibility as evidence in court," Cayetano added.

Negligence in the handling of evidence is punishable by prision correccional in its medium period, while the penalty of prision correccional in its maximum period shall be imposed if the mishandling is deliberate or maliciously done.