Dennis Gasgonia

Article (news)

mari

ABS-CBN News

The Supreme Court (SC) has ruled in favor of an accused in a drug case after finding that the police failed to strictly follow the required chain of custody for the seized marijuana.In a decision written by Associate Justice Jhosep Y. Lopez, the SC En Banc acquitted Allan Acdang, who was earlier convicted by the Regional Trial Court (RTC) for planting marijuana in violation of Republic Act No. (RA) 9165 or the Comprehensive Dangerous Drugs Act of 2002.Acdang and his brother were arrested during a 2011 police operation in Kibungan, Benguet, for planting marijuana. No witnesses were present when the police first took photographs and inventoried the seized marijuana from the plantation site. Acdang escaped but later surrendered in 2016. He was found guilty by the RTC, a ruling later affirmed by the Court of Appeals.The court overturned Allan’s conviction after discovering that police officers failed to bring the necessary witnesses during the inventory and photography of the seized marijuana. Under RA 9165, the prosecution must prove beyond reasonable doubt that the drugs seized are the same ones examined in the lab and presented in court. This is done through the chain of custody rule, which documents every step of handling the seized drugs—from confiscation, to transfer to the crime lab, to presentation in court—to guarantee that the evidence remains untampered.The SC has also clarified in the 2022 case of Nisperos v. People that marking must be done immediately at the place of seizure, in the presence of the offender (unless they escaped), and that inventory and photographs must be taken right after the seizure in the presence of the accused or their representative and the required witnesses.Senior Associate Justice Marvic M.V.F. Leonen dissented, arguing thatdeviation from the chain of custody rule may be allowed if police can clearly justify it. He noted that bringing witnesses to a remote and risky location could have endangered the operation.Associate Justice Alfredo Benjamin S. Caguioa, in his Concurring Opinion, said police had enough time to secure witnesses, particularly barangay officials nearby, but failed to do so. He stressed that strict compliance is necessary to prevent evidence from being tampered with, switched, planted, or contaminated. However, Associate Justice Amy C. Lazaro-Javier, in her Dissenting Opinion, said that the large volume of marijuana plants involved made tampering or planting of evidence less likely.

The Supreme Court (SC) has ruled in favor of an accused in a drug case after finding that the police failed to strictly follow the required chain of custody for the seized marijuana.

The Supreme Court (SC) has ruled in favor of an accused in a drug case after finding that the police failed to strictly follow the required chain of custody for the seized marijuana.

Supreme Court acquits man accused of planting marijuana

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Supreme Court acquits man accused of planting marijuana

ABS-CBN News

Published September 12, 2025 06:18 PM PHT

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Marijuana

Drugs

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Acquittal

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