SC frees 2nd drug convict in a month

MANILA, Philippines - Another convicted drug dealer has been ordered freed by the Supreme Court (SC) due to the mishandling of evidence by authorities.

In a decision penned by Chief Justice Ma. Lourdes Sereno, the First Division of the high court directed the Bureau of Corrections (BuCor) to immediately release Freddy Salonga “unless he is detained for some other lawful cause.”

The SC reversed a June 3, 2010 ruling of the Court of Appeals (CA), which affirmed the guilty verdict handed down by Binangonan, Rizal Regional Trial Court (RTC) Branch 67 on charges of selling illegal drugs, and granted the petition of the convicted drug dealer.

The high court held that “the chain of custody was broken in view of several infirmities in the procedure and the evidence presented.”

Last month, the SC’s Third Division ordered the release of Jovi Pornillos, drug dealer found guilty by a trial court for selling shabu in 2004.

In this case, the high tribunal also set aside the verdict of Iriga City RTC Branch 35, which was upheld by the CA in November 2010, due to mishandling of evidence by authorities.

It was found that the seized sachet of shabu was inventoried at 0.4 gram but yielded only 0.2204 grams during the laboratory test, short by 0.1796 grams.

“The court cannot affirm the conviction of Pornillos on compromised evidence,” the SC stressed.   

Error in judgment

In Salonga’s case, the SC stressed that both the CA and RTC erred in finding him guilty beyond reasonable doubt.

“The prosecution failed to duly accomplish the certificate of inventory and to take photos of the seized items pursuant to the above-stated provision,” read the ruling.

“We find conflicting testimony and glaring inconsistencies that would cast doubt on the integrity of the handling of the seized drugs. The material inconsistency of who actually received the specimens in the Crime Laboratory creates a cloud of doubt as to whether the integrity and evidentiary value of the seized items were preserved,” it added.

The SC explained that conviction would require solid proof that the “illegal sale of the dangerous drugs actually took place” and the evidence presented in court was actually confiscated from Salonga.

Associate Justices Teresita Leonardo-de Castro, Lucas Bersamin, Martin Villarama and Jose Mendoza concurred in this decision.

Records show that Salonga was arrested by police officers on Oct. 7, 2003 in a drug bust at his house in Barangay Libis, Wawa.