DOJ: Prosecutors OK release of confiscated medical items pending probe
MANILA, Philippines — The Department of Justice will allow the release of seized medical supplies to frontliner organizations, pending investigation, amid state of public health emergency.
In a message to reporters, Justice Secretary Menardo Guevarra explained that state prosecutors, “pending investigation, will allow the release of seized and impounded medical supplies to the frontline agencies (such as the DOH) for proper disposition.”
Guevarra however stressed that the release of confiscated items, which include thermal scanners, face masks and alcohol, is “without prejudice to the outcome of the investigation.”
Representative samples of seized evidence will be retained by prosecutors, Guevarra also said.
Seizure procedure
In a separate message, Justice Undersecretary Markk Perete pointed out that there is a shortage of medical supplies as the government fights the COVID-19 pandemic.
This prompted the DOJ to look into the possibility to use the confiscated items even before the commencement of prosecution against respondents, without jeopardizing the criminal case.
Perete explained that the DOJ has been coordinating with the departments of trade and industry, health, the interior and local government, and the Bureau of Customs
He said that since last week, the National Bureau of Investigation and the Philippine National Police seized more than a thousand thermal scanners and millions worth of facemasks from sellers who are now facing criminal complaints.
“Ordinarily, items confiscated from these operations are kept and preserved in the custody of law enforcers pending preliminary investigation. These confiscated items will layer be used as evidence during prosecution,” he explained.
The items will then be sold through public action.
“But since there is a public health emergency, we are looking at the government being given preference in the sale of this confiscated items,” Perete said.
“The proceeds of the sale of seized items is required to be deposited in escrow. If the offender is acquitted, the proceeds will be given to him/her otherwise it will accrue to the government,” he also said.
On Monday, the Philippines reported 128 new coronavirus infections, bringing the total number of cases in the country to 1,546, while death toll reached 78.
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