Law enforcement agencies reminded: Seized drugs documentation must be done at place of arrest

MANILA, Philippines — The inventory and taking of photos of captured illegal drugs must be done at the place where they were seized, the Supreme Court (SC) reminded law enforcement agencies.

The reminder came after the high court’s first division granted the motion for reconsideration on June 14 filed by two individuals namely, Allan Almayda and Homero Quioge, who were convicted under the Comprehensive Dangerous Drugs Act by lower courts.

“In the chain of custody in drugs cases, the seizure and marking, including the physical inventory and photograph-taking, of the seized drug must be done immediately at the place of arrest,” SC said. 

In 2012, Almayda and Quiogue were charged after a buy-bust operation conducted by the Philippine Drug Enforcement Agency (PDEA).

PDEA agents identified and labeled the plastic sachets containing methamphetamine hydrochloride, commonly known as shabu, at the crime scene.

Afterward, the PDEA team went back to their office to carry out the inventory and documentation in the presence of Almayda, Quiogue, Barangay Chairperson Ma. Jane Azotillo, Barangay Kagawad Rolando Belbes, media representative Romeo Romero, and Department of Justice representative Jesus Arseneo Aragon.

Almayda and Quiogue were in August 2013. Their conviction was affirmed by the Court of Appeals in August 2015.

The SC initially affirmed the conviction of the lower courts which promoted the two accused to file a motion for reconsideration, arguing that the prosecution failed to establish an unbroken chain of custody. They pointed out that the inventory of the seized items was done at the PDEA office and not at the place of arrest.

The high court granted their motion last June emphasizing that the inventory and photo-taking of the seized illegal drugs should have been done at the same place where they were arrested.

SC then reminded that the efforts to eradicate dangerous drugs “cannot trample on the constitutional rights of individuals, particularly those at the margins of our society who are prone to abuse at the hands of the armed and uniformed men of the State.”

“Time and again, we have exhorted courts 'to be extra vigilant in trying drug cases, lest an innocent