Jonathan Frederic De Santos

Article (news)

Buy-bust

ABS-CBN News

<p>MANILA — Senate President Vicente Sotto III is seeking amendments to the Comprehensive Dangerous Drugs Act to broaden who can be witnesses in the inventory of seized drugs and for &quot;flexibility&quot; in the chain of custody, which he said would lead to more successful prosecutions.</p><p>Under the law, the apprehending team with initial custody and control of the confiscated drugs must immediately inventory and photograph the evidence in the presence of the suspect, their representative or counsel, a representative from the media and from the justice department, and any elected public official.</p><p>&quot;Instead of mandating that witnesses must be elected officials, representative of (the Department of Justice) or media in every operation, we can mandate that the two-witness rule be ordinary citizens living in the area or body-worn camera in lieu of witnesses,&quot; Sotto said in a privileged speech. </p><div><br/></div><div><strong>VIOLATIONS OF CHAIN OF CUSTODY<br/></strong></div><p>He attributed the high acquittal rate in drug cases to the provision on witnesses, adding the justice system is &quot;inundated with cases poorly built that findings of guilt cannot stand.&quot;</p><p>He added: &quot;Appellate justices point to repeated violations of the chain of custody rule under RA 9165&quot;</p><p>He also said there have been reports of court personnel noticing information in cases seemed to have been from &quot;templates&quot; or seemed to have been copied.</p><p>&quot;There were instances that there is duplication in evidence used in different cases. These weak cases may be results of poor coordination between the police and the prosecution,&quot; he also said.</p><p>He said that an inquiry in Parañaque found that between 75%-85% of cases were dismissed because of failure to meet requirements on witnesses.</p><p>&quot;According to enforcers, it’s a challenge to have buy-bust or entrapment operations due to lack of availability of prosecutors, media or elected officials &#x27;at the time of or immediately following&#x27; as required by law,&quot; he said.</p><div><br/></div><div><strong>&#x27;LAWS IN OTHER COUNTRIES MORE FLEXIBLE&#x27;</strong></div><p>&quot;There is also a need to streamline the marking requirements especially during in flagrante delicto arrests,&quot; Sotto said in the same speech.</p><p>He raised the case of Mario Nisperos, who was arrested in a buy-bust operation in Tuguegarao, Cagayan in 2015 and acquitted in 2022 over irregularities in the arrest.</p><p>The Supreme Court said that the marking of the seized items was not done immediately, so &quot;there was no chain to even speak of.&quot;</p><p>Inventory was also done 30 minutes after the arrest because the DOJ representative had yet to arrive, a delay that the court said was not justifiable.</p><div><a href="https://www.abs-cbn.com/news/regions/2026/2/10/student-files-raps-vs-10-angono-cops-for-extortion-1932">Student files raps vs 10 Angono cops for extortion<br/></a></div><p>&quot;The buy-bust team only had itself to blame for not ensuring that all required witnesses were readily available for them to be able to immediately conduct the inventory,&quot; <a href="https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/68767">the court said in the decision</a> acquitting Nisperos.</p><p>Sotto said other countries have more flexible rules.</p><p>&quot;Among our neighbors (Singapore, Hong Kong, Japan, Thailand, South Korea, Malaysia, India and Taiwan) we are the only country with a STATUTORY chain of custody rule. Other countries observe it but as part of proof only and not by law. They have high evidentiary expectations but there is flexibility in how the chain is proven,&quot; he said.</p><div><br/></div><div><strong>CREATION OF PRESIDENTIAL ANTI-DRUG AGENCY PUSHED<br/></strong></div><p>In the same speech, Sotto also urged the &quot;essential&quot; creation of the Presidential Drug Enforcement Authority that will &quot;oversee and aid in the proper filing of drug cases, and if possible, to assign lawyers in every precinct to assist in the strict enforcement of the law.&quot; </p><p>He said the proposed agency would &quot;unify enforcement, prosecution, prevention, and rehabilitation under one roof to ensure a holistic and effective approach.&quot;</p><p>During interpellation by Sen. Rodante Marcoleta, Sotto emphasized the importance of prevention and of addressig drug dependency.</p><div><a href="https://www.abs-cbn.com/news/nation/2025/12/15/p176-m-worth-of-illegal-drugs-seized-in-taguig-buy-bust-0837">P176-M worth of illegal drugs seized in Taguig buy-bust<br/></a></div><p>&quot;Sapagkat kapag napigil mo lahat ang drug dependent sa Pilipinas, yung mga bagong 13 years old, hindi na magdodroga. At yung mga dating drug dependent na inirehab mo, wala nang bibili. Mr. President, I have said this before, the day we stop buying is the day they stop selling,&quot; he said.</p><p>Marcoleta had similar views.</p><p>&quot;Kinakailangan po nating puntahan yung pinagmumulan muna ng problema kung bakit nagkakaroon ng mga taong sapilitang gumagamit ng droga. Samakatuwid, lalong mas malaki po yung problemang kinakaharap natin,&quot; he added. <strong>— RG Cruz, ABS-CBN News</strong></p>

<p>Senate President Vicente Sotto III is seeking amendments to the Comprehensive Dangerous Drugs Act to broaden who can be witnesses in the inventory of seized drugs and for "flexibility" in the chain of custody, which he said would lead to more successful prosecutions.</p>

Senate President Vicente Sotto III is seeking amendments to the Comprehensive Dangerous Drugs Act to broaden who can be witnesses in the inventory of seized drugs and for "flexibility" in the chain of custody, which he said would lead to more successful prosecutions.

Sotto seeks flexibility in witness, evidence rules in drug cases

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Sotto seeks flexibility in witness, evidence rules in drug cases

ABS-CBN News

Published February 11, 2026 07:04 PM PHT

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Vicente Sotto III

Comprehensive Dangerous Drugs Act

Presidential Drug Enforcement Authority

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