Custody violation acquits 2 druggies



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Lopez had earlier been cited in contempt during an inquiry into the Office of the Vice President’s confidential funds.
The Supreme Court once again stressed that authorities must conduct inventory and take photos of illegal drugs at the place where they were seized to avoid violation of the chain of custody rule in illegal drug cases.
This was given notice by the high bench as two individuals were acquitted of drug charges.
The SC Special First Division said in its 8-page ruling that they reckon with the chain of custody in drug cases, specifically, the first link, which refers to the seizure and marking which must be done immediately at the place of the arrest.
"Too, it includes the physical inventory and photograph-taking of the seized drug, which should be done in the presence of the accused or his/her representative or counsel, together with an elected public official, a representative of the DoJ, and the media," the SC ruling stated.
The statement was issued by the SC as it granted a motion for reconsideration filed by Allan Almayda and Homero Quiogue, challenging an earlier resolution of the Supreme Court that affirmed their conviction for violation of the Comprehensive Dangerous Drugs Act of 2022.
Due to this, the SC acquitted Almayda and Quiogue and ordered their immediate release from detention, unless they were being held for another cause.
The court said, Almayda and Quiogue were charged in 2012 following a buy-bust operation of the Philippine Drug Enforcement Agency.
During the operation, PDEA agents marked seized plastic sachets containing shabu at the crime scene. Then they returned to the PDEA office to conduct inventory and take photos of Almayda, Quiogue, and other witnesses.
The SC in acquitting the two, cited a previous ruling that held that in the case of warrantless seizures, the inventory and taking of photographs must be concluded at the place of seizure.