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NEWS

Police error lets drug offender walk

AM

Alvin Murcia·9 August 2026, 12:18 am·1 MIN READ

Police error lets drug offender walk

SUPREME Court of the Philippines

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    • Supreme Court Philippines
    • Drug case acquittal
    • Chain of custody

    Preserving evidence is a vital process that can make or break even the most grievous of cases,

    A man was acquitted for selling illegal drugs by the Supreme Court (SC) due to the failure of the arresting officers to conduct the inventory of the seized items at the place of arrest, stating that without valid justification, such a major breach is fatal to the integrity of the chain of custody.

    In a 14-page ruling penned by Senior Associate Justice (SAJ) Marvic Leonen, the SC’s Second Division granted the appeal of Joseph Espera, who challenged his conviction by the Court of Appeals for violation of Section 5 (selling of illegal drugs) of Republic Act (RA) 9165 or the Comprehensive Dangerous Drugs Act of 2002.

    The High Court decision in People of the Philippines v. Joseph Espera y Bañano (G.R. No. 227313) was promulgated on 21 April 2026.

    SAJ Leonen penned the 14-page ruling for the Second Division, granting Joseph Espera’s appeal and overturning his prior drug conviction.

    The Court found that the buy-bust team failed to perform the mandated physical inventory and photographing at the immediate place of arrest.

    The ruling reaffirmed that when police breach the first link of the chain of custody without a concrete, justifiable ground, the legal presumption of regular performance collapses, requiring an immediate acquittal.

    The record showed that in 2010, the Philippine Drug Enforcement Agency received information from a confidential informant that Espera, who distributed shabu, was then looking for a buyer.

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    Alvin Murcia·11 hours ago

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