Proper handling of illegal drugs seized in buy-bust

Proper handling of illegal drugs seized in buy-bust "My father was arrested in a buy-bust in Caloocan City for allegedly selling three sachets of shabu with a total weight of.004 kilograms. After his arrest, the police operatives brought him to one of the police stations in Quezon City where the marking, inventory and the taking of photographs of the alleged confiscated sachets of shabu were conducted in the presence of two police officers. My father was charged with selling illegal drugs. Were the actions of the police officers in accordance with our law?Kurt Dear Kurt,To address your concern, we shall refer to Republic Act (RA) 10640, otherwise known as ""An Act to Further Strengthen the Anti-Drug Campaign of the Government, Amending for the Purpose Section 21 of Republic Act No. 9165,"" otherwise known as the ""Comprehensive Dangerous Drugs Act of 2002,"" which provides: ""Section 1. xxx The apprehending team having initial custody and control of the dangerous drugs, controlled precursors and essential chemicals, instruments/paraphernalia and/or laboratory equipment shall, immediately after seizure and confiscation conduct a physical inventory of the seized items and photograph the same in the presence of the accused or the person/s from whom such items were confiscated and/or seized, or his/her representative or counsel, with an elected public official and representative of the National Prosecution Service or the media who shall be required to sign the copies of the inventory and be given a copy thereof: Provided, that the physical inventory and photograph shall be conducted at the place where the search warrant is served or at the nearest police station or at the nearest office of the apprehending officer/team, whichever is practicable, in case of warrantless seizures: Provided, finally, that noncompliance of these requirements under justifiable grounds, as long as the integrity and 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. xxx"" (Emphasis supplied)It is, thus, clear in the afore-cited provision that the marking, physical inventory and the taking of photographs of the illegal drugs such as shabu should be done at the nearest police station in case of warrantless seizures and in the presence of an elected barangay official and a representative from the Department of Justice or the media. Your father was arrested in Caloocan City but was brought to one of the police stations in Quezon City. Further, the marking, taking of photographs and physical inventory of the shabu allegedly sold by your father took place without the presence of the insulating witnesses mentioned in Section 1 of RA 10640. Given the flagrant procedural lapses the police officers committed against your father, their acts could not be considered in accordance with our law. We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.Editor's note: Dear PAO is a daily column of the Public Attorney's Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net" - https://www.affordablecebu.com/