The Philippine Star

SC clears 2 drug convicts

After cops fail to observe witness rule

- By NILLICENT BAUTISTA

The Supreme Court (SC) has acquitted two drug convicts over the law enforcers’ failure to comply with the mandatory witness rule.

In a decision promulgate­d in October 2023 and released on Friday, the SC’s Third Division reversed a ruling of the regional trial court and the Court of Appeals (CA), which convicted Gerald Flores, Harold Francisco and Louie Truelen of the sale of illegal drugs.

Truelen’s criminal liability was extinguish­ed in 2021 following his death while in detention.

In 2016, the three were arrested during a sting conducted by the Quezon City Police District.

One of the pieces of evidence against them was a form containing the inventory of the seized items. It was signed by reporter Jun Tobias and barangay councilor Nelson dela Cruz.

Tobias’ identifica­tion card was attached to the record, but no document identifyin­g Dela Cruz as barangay councilor was included.

In acquitting Flores and Francisco, the SC stressed the importance of complying with the mandatory insulating witness rule under Section 21 of Republic Act 9165 or the Comprehens­ive Dangerous Drugs Act of 2002.

The law provides that the apprehendi­ng team is required to conduct the photograph­ing and physical inventory of the seized items immediatel­y after confiscati­on.

The SC noted that this must be done in the presence of “the accused, his counsel or representa­tive, representa­tive of the Department of Justice, the media and an elected public official,” who are required to sign copies of the inventory.

“It is their presence at the time of the seizure that would insulate against the police practice of planting evidence,” the decision read.

The SC said it found that there was uncertaint­y in the presence of required witnesses due to deficienci­es in the inventory form.

The SC also noted that police officers admitted that the required witnesses were not readily available as it took them a significan­t amount of time to arrive at the police station.

There was also a glaring discrepanc­y between the signature of the media representa­tive on the inventory form and his identifica­tion card, the SC said.

“Given the uncertaint­y as to the actual time of the conduct of the inventory, the unexplaine­d and significan­t tardiness of the supposed insulating witnesses, and the magnified uncertaint­y of their actual participat­ion vis-a-vis the preparatio­n of the inventory form, it is as if there were no mandatory insulating witnesses at all,” the decision read.

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