The physical inventory and photograph-taking in the chain of custody in drug cases must be done immediately at the place of arrest, the Supreme Court reiterated as it acquitted two men initially convicted by a lower court for drug possession in 2012.
The high court’s Special First Division granted the motion for reconsideration filed by Allan Almayda and Homero Quiogue, who challenged a Supreme Court ruling affirming their conviction for violation of Section 5, Article II of Republic Act No. 9165 or the Comprehensive Dangerous Drugs Act of 2002.
They were charged in 2012 following a buy-bust operation conducted by the Philippine Drug Enforcement Agency (PDEA).
In a statement summarizing the decision, the Supreme Court said during the operation, the PDEA agents marked the seized plastic sachets containing methamphetamine hydrochloride or “shabu” at the crime scene.
The PDEA team then returned to their office to conduct the inventory and photograph-taking in the presence of Almayda and Quiogue, as well as barangay and Department of Justice officials and media representatives.
The Regional Trial Court convicted Almayda and Quiogue, and the Court of Appeals affirmed the ruling.
In a resolution dated Nov. 11, 2021, the high court affirmed the conviction, prompting Almayda and Quiogue to file a motion for reconsideration.
READ: SC notes ‘reprehensible’ handling of drug case leading to acquittal of accused