Title Five:
Crimes Related to Opium
and Other Prohibited Drugs
R.A 9165 - Comprehensive Dangerous Drugs Act of 2002
❖Section 21, Article II, as amended by R.A. No. 10640
❖Plea Bargaining
APRIL ELAINE B. METRAN JD –1E
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Title Five:
Crimes Related to Opium
and Other Prohibited Drugs
R.A 9165 - Comprehensive Dangerous Drugs Act of 2002 ❖ Section 21, Article II, as amended by R.A. No. 10640 ❖ Plea Bargaining APRIL ELAINE B. METRAN JD – 1E
Table of contents
OCA CIRCULAR NO. 210- 2018 Definition, Links, and Markings
Chain of Custody
Preservation of the integrity
of the confiscated drugs
Compliance with Section 21 Additional Requirements to Section 21 Chain of custody requirement, not followed. SALVADOR ESTIPONA VS JUDGE LOBRIGO GR NO. 226679, AUG. 15, 2017 A.M. NO. 18- 03 - 16 - SC (Adoption of the Plea-Bargaining Framework in Drug Cases)
R.A 9165 Art. II, Section 21,
as amended by R.A. No. 10640
Plea-Bargaining
Definition of Chain of Custody
Chain of custody is defined as "the duly recorded
authorized movements and custody of seized drugs or controlled
chemicals or plant sources of dangerous drugs or laboratory equipment
of each stage, from the time of seizure/confiscation to receipt in
the forensic laboratory to safekeeping to presentation in court
for destruction. " Such record of movements and custody of seized
item shall include the identity and signature of the person who
held temporary custody of the seized item, the date and time
when such transfer of custody were made in the course of
safekeeping and use in court as evidence, and the final disposition.
(Sec.1[b] of Dangerous Drug Board Regulation No.1, Series of 2002; People vs. Ameril, G.R. No. 203293, November 14, 2016)
Links that the Prosecution must establish in the chain of custody in a buy- bust operation and in the implementation of a valid search warrant on cases involving illegal drugs are as follows: ➢ First, the seizure and marking, if practicable, of the illegal drug recovered from the accused by the apprehending officer; ➢ Second, the turnover of the illegal drug seized by the apprehending officer to the investigating officer; ➢ Third, the turnover by the investigating officer of the illegal drug to the forensic chemist for laboratory examination; and, ➢ Fourth , the turnover and submission of the marked illegal drug seized from the forensic chemist to the court.” People vs Kamad (G.R. No. 238174, February 05, 2020)
MARKINGS
"Marking" means the placing by the apprehending officer or the poseur-buyer of his/her initials and signature on the items seized to identify it as the subject matter of the prohibited sale. People vs. Ameril, G.R. No. 203293 , November 14 , 2016
Neither R.A. No. 9165 nor its implementing rules provide the rule on
marking in cases of warrantless seizure. However, the Court in People v. Sanchez
(G.R. No. 175832 , October 15 , 2008 ) held that consistent with the chain of
custody rule, the marking of the illegal drugs seized without warrant must be
done immediately upon confiscation and in the presence of the
accused to ensure that they are the same items that enter the chain and are
eventually the ones offered in evidence
It should be noted also that while the first sentence of the above-cited
provision of the IRR of R.A. No. 9165 provides that the apprehending team
having initial custody and control of the drugs shall, immediately after seizure
and confiscation, physically inventory and photograph the same, the second
sentence makes a distinction in physical inventory and photograph
of evidence between warrantless seizures and seizures by virtue of a
warrant.
Sample PNP Chain of Custody Form
R.A 9165 Art. II,
Section 21,
as amended by R.A. No. 10640
Required procedure in seizure and custody of drugs
Provided, finally, That noncompliance of these requirements under justifiable grounds , as long as the integrity and the evidentiary value of the seized items are properly preserved by the apprehending officer/team, shall not render void and invalid such seizures and custody over said items.
- Within twenty-four ( 24 ) hours upon confiscation/seizure of dangerous drugs, plant sources of dangerous drugs, controlled precursors and essential chemicals, as well as instruments/paraphernalia and/or laboratory equipment, the same **shall be submitted to the PDEA Forensic Laboratory for a qualitative and quantitative examination;
- A certification of the forensic laboratory examination results** , which shall be done under oath by the forensic laboratory examiner, shall be issued within twenty- four ( 24 ) hours after the receipt of the subject item/s: Provided, That when the volume of the dangerous drugs, plant sources of dangerous drugs, and controlled precursors and essential chemicals does not allow the completion of testing within the time frame, a partial laboratory examination report shall be provisionally issued stating therein the quantities of dangerous drugs still to be examined by the forensic laboratory: Provided, however, That a final certification shall be issued on the completed forensic laboratory examination on the same within the next twenty-four ( 24 ) hours;
Additional Requirement to Section 21
- The physical inventory and photograph taking should be made in the presence of the following: a. accused or the person/s from whom such items were confiscated and/or seized, or his/her representative or counsel b. an elected public official; a representative of the National Prosecution Service OR the media.
- The witness should sign copies of the inventory and be given a copy thereof. Sample Certificate of Inventory Receipt of Property Seized Sample of physical inventory photograph in the presences of the witnesses
- The seized substance should be placed in a plastic container and the apprehending officer should place his marking in the container and seal the same with a seal, e.g. adhesive tape, that cannot be removed without leaving a tear on the plastic container
- After testing of the seized substance in the crime laboratory, the forensic chemist should put his own marking on the plastic container and seal it again with a new seal.
- The forensic chemist should turn-over and submit the marked illegal drug to the court.
A.M. No. 21- 06 - 08 - SC Paragraph 3, Rule 2, Section 3 - Use of Body-Worn Cameras During Arrest. Where a peace officer effectuates an arrest under Section 5 , Rule 113 of the Revise Rules of Criminal Procedure and insofar as it is practicable, the arrest shall be recorded using body-worn cameras or alternative recording devices in the same manner as an arrest made with a warrant. Further, in case of warrantless arrests effected under Section 21 of the Comprehensive Dangerous Drugs Act of 2002 , as amended, the media representative may be allowed to record the operation, subject to the custody requirements under Section. 1 , 2 , 3 , Rule 4 of these Rule.