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SC acquits 3 drug convicts due to evidence mishandling

Kristine Joy Patag - Philstar.com
SC acquits 3 drug convicts due to evidence mishandling
The Supreme Court, in People v Romy Lim case in September 2018, set rules on seizure of evidence and arrest of persons accused of violating Republic Act 9165.
File photo

MANILA, Philippines — The Supreme Court acquitted three more drug convicts due to the prosecution’s failure to explain a mishandling of evidence as prescribed in the chain of custody of evidence for drug-related case.

The SC’s Third Division ordered the release of Emmanuel Oliva, Bernardo Barangot and Mark Angelo Manalastas who were earlier convicted by a Makati court of violation of the Republic Act 9165.

The tribunal said that the prosecution failed to prove the convicts’ guilty beyond reasonable doubt after it was learned that the arresting officers failed to comply with the chain of custody of evidence under RA 9165.

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

The three were arrested in 2015 in a buy-bust operation in Makati City and were convicted by Makati Regional Trial Court Branch 65.

The Court of Appeals upheld their conviction.

But the SC, on January 7, reversed the finding of the Makati court. The high court stressed that jurisprudence dictates it is crucial to identify that the dangerous drug bought during a buy-bust operation is the same evidence that would be presented in court.

“Thus, the chain of custody carries out this purpose ‘as it ensures that unnecessary doubts concerning the identity of the evidence are removed,’” the SC said.

The SC said that the prosecution failed to explain the absence of a member from the National Prosecution Service or the media during the inventory, as held in Section 21 of RA 9165.

“A stricter adherence to Section 21 is required here the quantity of illegal drugs seized is miniscule since it is highly susceptible to planting, tampering or alteration,” the SC added.

The rules on drug-related seizures and arrests were promulgated in a decision on small-time drug trader Romy Lim. The rules were set in a bid to help decongest dockets of “any orchestrated or poorly built-up drug-related cases.”

DRUG CASES

DRUGS

SUPREME COURT

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