SC overturns conviction over lack of evidence

The Supreme Court has overturned the conviction of a man accused of illegal possession of firearms, citing the prosecution’s failure to adequately preserve evidence.

In a decision penned by Senior Associate Justice Marvic M.V.F. Leonen dated 26 August 2024, the High Court acquitted Benjamin Togado, who was convicted by lower courts.

The case stemmed from a police search warrant executed at Togado’s residence, where a .45 caliber pistol, a magazine, and live ammunition were seized. The police officer who conducted the search marked the plastic container holding the firearm but not the firearm itself.

When the firearm was presented in court, it was in a different plastic container with different markings. The police officer admitted that the original container had been destroyed and could not guarantee that the firearm presented was the same one confiscated from Togado.

The Supreme Court stressed the importance of preserving the integrity of evidence, particularly in criminal cases as it noted that while the actual firearm doesn’t always need to be presented in court, the prosecution must establish a clear chain of custody to ensure that the evidence remains unaltered.

In this case, the Court found that the prosecution failed to meet this burden of proof. The discrepancies in the markings and the destruction of the original container raised reasonable doubt about the authenticity of the evidence.