Dear Atty. Gab,

Musta Atty! I’m Carlos Mendoza, and I’m writing to you because I’m in a terrible situation and don’t know what to do. Last Tuesday evening, June 10th, I was visiting my friend Myrna Samonte at her house in Sitio Gulod, San Rafael, Bulacan. We were just chatting when another acquaintance, Zenaida Soriano, dropped by. Shortly after Zenaida arrived, several men suddenly barged in. They didn’t knock properly, just came rushing in. They said they were police officers conducting a buy-bust operation.

They claimed Zenaida sold drugs to one of them who posed as a buyer, and that Myrna received the payment money. They searched Zenaida and Myrna. From Zenaida, they claimed they found a matchbox with small plastic sachets inside. From Myrna, they said they found the marked money and another sachet. They also arrested me, even though I wasn’t part of any conversation about drugs or money. I was just sitting there! They searched me too but found nothing illegal.

What worries me most is how they handled things. They put markings on the sachets right there, but there were no barangay officials, media, or DOJ representatives present, which I read somewhere is required. They just took us straight to the Camp General Alejo Santos in Malolos. It felt like a setup. I never saw any actual drug transaction happen. Now, I’m facing charges along with Zenaida and Myrna for violating the Dangerous Drugs Act. Was the operation valid even if they didn’t follow the rules for handling the evidence? What are my rights? I feel helpless and wrongly accused.

Hoping for your guidance, Atty. Gab.

Respectfully,
Carlos Mendoza

Dear Carlos Mendoza,

Thank you for reaching out. I understand this must be an incredibly stressful and confusing time for you. Being caught up in a police operation, especially when you believe you are innocent, is frightening. Your concerns about the procedures followed during the buy-bust operation and the handling of evidence are valid points that are crucial in drug-related cases.

A buy-bust operation is a recognized method used by law enforcement to catch individuals involved in the illegal drug trade. However, for the arrest and the evidence obtained to be valid, the police must adhere to specific legal requirements. This includes proving the elements of the alleged crime (sale or possession of dangerous drugs) and strictly following the procedures for handling seized items, known as the chain of custody, as mandated by Republic Act No. 9165 (The Comprehensive Dangerous Drugs Act of 2002).

Navigating the Legalities of Buy-Bust Operations

Let’s break down the key legal principles involved in your situation. Philippine law recognizes the validity of buy-bust operations as a form of entrapment. Entrapment occurs when law enforcement officers provide an opportunity for a person already intending to commit a crime to do so. This is different from instigation, where officers induce an innocent person into committing a crime they wouldn’t have otherwise considered – instigation is illegal and absolves the accused.

For the prosecution to successfully convict someone for the illegal sale of dangerous drugs, they must prove these essential elements beyond reasonable doubt:

“(a) the identities of the buyer and the seller, the object of the sale, and the consideration; and (b) the delivery of the thing sold and the payment for the thing.”

This means the prosecution needs to clearly show who sold what to whom, how much was paid, and that the exchange actually happened. Establishing the transaction itself is vital.

Similarly, for a charge of illegal possession of dangerous drugs, the prosecution must establish:

“(a) the accused [was] in possession of an item or object that is identified to be a prohibited or dangerous drug; (b) such possession [was] not authorized by law; and (c) the accused freely and consciously possessed the drug.”

This requires proof that the accused knowingly had the illegal substance on their person or under their control without any legal right to possess it.

A critical aspect in drug cases is the integrity of the evidence, specifically the drugs seized (the corpus delicti – the body of the crime). Section 21 of R.A. 9165 outlines the procedure law enforcement must follow immediately after seizure:

• Conduct a physical inventory of the seized items.
• Photograph the seized items.
• This must be done in the presence of the accused (or their representative/counsel), a representative from the media, a representative from the Department of Justice (DOJ), AND any elected public official.
• These witnesses must sign the inventory and be given a copy.

You mentioned that these witnesses were not present during the marking and inventory at the scene. While the law sets these requirements, jurisprudence clarifies the effect of non-compliance.

“[S]uch omissions are not fatal to the prosecution’s case as long as the integrity and evidentiary value of the seized items are preserved.”

This means that if the prosecution can convincingly demonstrate, through testimony and other evidence, that the drugs seized were the exact same drugs presented in court, and that they were not tampered with or substituted at any point (establishing an unbroken chain of custody), a conviction might still be possible despite procedural lapses. However, failure to comply with Section 21 raises serious questions about the integrity of the evidence. The burden is on the prosecution to justify any deviation from the required procedure and prove the evidence wasn’t compromised.

While police officers generally enjoy the presumption of regularity in the performance of their official duties, this presumption is not absolute. It cannot overcome the constitutional right to be presumed innocent or substitute for the proof needed to establish guilt beyond reasonable doubt, especially when the chain of custody is questionable. Your defense counsel can vigorously challenge the prosecution’s evidence by highlighting any procedural irregularities and gaps in the chain of custody.

Practical Advice for Your Situation

• Secure Legal Counsel Immediately: This is the most crucial step. An experienced criminal defense lawyer can protect your rights, assess the evidence, and build the strongest possible defense strategy.
• Document Everything: Write down every detail you remember about the incident – the time, place, people present, what was said, how the search and seizure were conducted, and the absence of required witnesses.
• Identify Witnesses: If there were other people nearby (neighbors, etc.) who might have seen what happened, their accounts could be helpful.
• Focus on Procedural Lapses: Your lawyer will likely focus on the failure to comply with Section 21 of R.A. 9165 (lack of witnesses during inventory/photographing) to challenge the integrity of the seized evidence.
• Question Your Involvement: Clearly articulate to your lawyer that you were merely present and not involved in any alleged transaction or possession. The prosecution must prove your specific participation or conspiracy.
• Understand the Burden of Proof: Remember, the prosecution must prove your guilt beyond reasonable doubt. Any doubt arising from procedural errors or lack of evidence should benefit you.
• Remain Silent: Do not discuss the case details with anyone other than your lawyer. Do not make any statements to the police or prosecution without your counsel present.
• Challenge the Chain of Custody: Your lawyer will scrutinize every step of how the evidence was handled – from seizure, marking, transport, laboratory examination, to presentation in court – looking for breaks or inconsistencies.

Facing drug charges is serious, but procedural safeguards exist for your protection. Highlighting non-compliance with the law, particularly regarding the handling of evidence, can significantly impact the outcome of your case. Work closely with your lawyer to ensure your rights are fully defended.

Hope this helps!

Sincerely,
Atty. Gabriel Ablola

For more specific legal assistance related to your situation, please contact me through gaboogle.com or via email at connect@gaboogle.com.

Disclaimer: This correspondence is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please schedule a formal consultation.