No need to wait for case to be resolved to destroy seized drugs, says judge

THE backlog of illegal drug cases in courts is one of the reasons hundreds of kilos of confiscated illegal drugs are still stored in the Philippine National Police (PNP) Crime Laboratory 7, said Cebu City Executive Judge Macaundas Hadjirasul.

During an inventory on Monday, Sept. 30, 2019, 116 kilos of shabu and 370 kilos of marijuana were found in the evidence room, said Police Col. Roderick Pausal, Crime Laboratory 7 chief.

Hadjirasul said the Philippine Drug Enforcement Agency (PDEA) 7 or the Crime Laboratory 7 can destroy or burn the illegal drugs as soon as it receives a court order.

“Of course, the delay of the issuance of such court order to destroy is possible,” he said.

However, the judge cited a provision of Republic Act (RA) 9165, or the Comprehensive Dangerous Drugs Act of 2002, that allows for the destruction of the majority of illegal drugs even before the case is resolved, granting a sample of not less than five grams will be left to be used as the “body of the crime.”

Hadjirasul said evidence should be marked in the presence of the persons accused or from whom it is confiscated immediately after seizure. Next, an inventory should be conducted.

Witnesses

Whether the seizure is by virtue of an arrest warrant or a warrantless search, the evidence should be immediately marked.

If the seizure is by virtue of a search warrant, the inventory should be done at the place where the illegal drugs are found. If it is a warrantless search, it may be done either at the place where it is found or at the nearest office of apprehending officers.

“In both cases, the inventory must be witnessed by the person from whom the evidence is confiscated, an elected public official, either a media representative or a representative of the national prosecution service,” he said.

Within 24 hours from the time of seizure, the evidence should be delivered to the nearest authorized crime laboratory for examination, Hadjirasul said.

Moreover, if the seizure is by virtue of a search warrant, the arresting officer must first return the seized drugs to the judge who issued the search warrant.

“It is the judge who must authorize them to bring the evidence to the crime laboratory,” he said.

The arresting officer then files a case in the prosecutor’s office and if there is probable cause, the fiscal will order the inquest. The prosecutor will then file a case in court.

“Under Section 21 of RA 9165, the court within 72 hours on the date the case was filed must conduct an ocular inspection on the evidence,” he said.

“Through the PDEA shall, within 24 hours, thereafter, proceed with the destruction of the illegal drugs in the presence of the accused or his representative, the representative of the media, a judge, a representative from the Department of Justice, civil society groups and an elected public official,” he said.

However, Hadjirasul said the 72-hour ocular inspection is impractical.

Meeting

“The difficulty there, if you destroy the evidence leaving only a sample, without them having been identified first by the witnesses is, what if the witnesses fail to recognize it? It might lead to the dismissal of the case,” he said.

Although unaware of any law prohibiting members of the media to see the evidence stored in the crime lab, he said it is good practice to prevent the contamination of the evidence.

“The public should be really kept out from the vault of the crime lab,” he said.

To make sure the evidence has not been tampered with, these must be subjected to a re-inventory before the destruction.

“In the re-inventory, samples will be tested and weighed,” he said.

Meanwhile, Cebu City Mayor Edgardo Labella will meet with executive judges and judges handling drug cases to discuss how to fast-track the destruction of confiscated illegal drugs.

They will also discuss the method of destroying the illegal drugs, the authorities’ inventory, and the destruction process. (WBS, JJL)

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