After clearing of rapper, PNP says chain of custody protocols under review

MANILA, Philippines — The Philippine National Police is reviewing its protocols to ensure that the chain of custody rule is being properly observed in its operations, its national chief said Thursday. 

This comes after the Makati Regional Trial Court Branch 64 dismissed the drug case against FlipTop rapper Marlon Peroramas, also known as Loonie, over the “unjustified deviation” from the chain of custody rule by the arresting officer.

“Every time these things happen, we always make an effort to review and reassess our protocols to determine if there were lapses and if there’s a need to recalibrate our guidelines,” Eleazar said. 

“We can't treat this like it's nothing or look for shortcuts because the success of each operation hinges on this, and the PNP is affected in the end."  

In its decision, the court said that it found that required witnesses were not present during the buy-bust operation in September 2019. 

The court pointed out that a buy-bust operation, a planned activity, gives arresting officers sufficient time to secure the presence of witnesses.

“There was no evidence presented or there was even no attempt to justify the absence of an elected public official or a representative from the Department of Justice during the buy-bust operation,” the ruling read.  

READ: Court clears FlipTop rapper Loonie, 3 others of drug charge

What does the rule say?

Per Regulation No. 1, Series of 2002, the Dangerous Drugs Board has defined chain of custody involving dangerous drugs and other substances as:

"Chain of Custody" means the duly recorded authorized movements and custody of seized drugs or controlled chemicals or plant sources of dangerous drugs or laboratory equipment of each stage, from the time of seizure/confiscation to receipt in the forensic laboratory to safekeeping to presentation in court for destruction. Such record of movements and custody of seized item shall include the identity and signature of the person who held temporary custody of the seized item, the date and time when such transfer of custody were made in the course of safekeeping and use in court as evidence, and the final disposition

The PNP Investigator's Handbook for the New Normal says that under the coronavirus pandemic, investigating teams are required to do the following:

• Take full control of the crime scene to include the conduct of crime scene search;
• taking of photographs;
• making sketches;
• lifting of fingerprints;
• markings of physical evidence

The chain of custody of evidence must be maintained. Account for evidence from the time it is collected until it is produced in court. Any break in this chain of custody may make the material inadmissible as evidence in court...Also, continuity of possession, or the chain of custody must be established whenever evidence is presented in court as an exhibit.

'Learning experience'

Peroramas, his sister, and three other people were arrested in an alleged buy-bust operation in Makati City in September 2019 where police operatives allegedly seized 15 sachets of high-grade marijuana. 

Following the dismissal of the drug case, Peroramas said he was considering filing counter-charges against the police.  

“He is well within his rights to do so. We will respect his decision and ensure that the respondents face the complaint,” the PNP chief said. 

“The court has ruled. It is up to the prosecution to appeal the judgment if it sees grounds to appeal the dismissal,” he also said.

He urged the police organization to "treat this as a learning experience and get the lesson from the rebuke by the judge," adding that the chain of custody rule in evidence "is vital to the credibility of any police operation particularly in the prosecution of drug cases.”

— Franco Luna with a report from Kristine Joy Patag