Court of Appeals acquits drug convict over mishandled evidence

MANILA, Philippines — A drug pusher convicted by a regional trial court has been acquitted by the Court of Appeals (CA) due to mishandling of evidence by police.

In a 20-page decision promulgated on Dec. 20, the appelate court’s Ninth Division cleared Noel Lasca of drug charges.

The CA reversed the June 2017 decision of the Sorsogon City Regional Trial Court, which found Lasca guilty of violating Republic Act 9165 or the Comprehensive Dangerous Drugs Act.

The CA faulted the arresting officers from the Philippine National Police and Philippine Drug Enforcement Agency for violating the chain of custody of evidence under Section 21 of RA 9165 when they did not conduct an inventory of shabu confiscated from Lasca due to the unavailability of witnesses.

“In this case, the physical inventory of the seized drugs was not immediately conducted at the place of seizure. In fact, the police team, along with the appellant, went to the Burabod barangay hall, which is about 900 meters away from where he was nabbed to conduct the inventory,” read the ruling penned by Associate Justice Geraldine Fiel–Macaraig.

Associate Justices Apolinario Bruselas Jr. and Myra Garcia-Fernandez concurred with the ruling.

The CA held that the “entire rationale of placing witnesses at the scene and conducting an inventory and photographing in their presence immediately after the seizure of the drugs is to guarantee that the items were indeed recovered from the accused and not planted by the police officers.”

 The appellate court said while RA 9165 provides exemptions to the rule, the prosecutors failed to justify the violation of the rule by police.

 “While this court supports the government’s campaign against illegal drugs, it cannot turn a blind eye to breaches of the requirements under the law. It is the duty of the prosecution to account for and explain any deviations from the requirements outlined in Section 21. The prosecution failed to give a justifiable reason for the deviation,” it stressed.

The CA ordered the immediate release of Lasca from the New Bilibid Prison in Muntinlupa City.

 Last month, the Supreme Court (SC) acquitted a drug convict due to mishandling of evidence by police.

 The high court’s First Division acquitted Jayson Torio and set aside the October 2013 verdict of the Lingayen, Pangasinan court that found him guilty of illegal drug trade and possession of shabu.

 The SC cited the failure of authorities to establish an unbroken custody of evidence seized from Torio.

Police also failed to prove the identity of the civilian asset, who acted as a buyer during the sting.