CHAIN OF

CUSTODY RULE
IN DRUG CASES
One of the most common defenses in the criminal prosecution of drug cases under the
Comprehensive Dangerous Drugs Act of 2002 (R.A. No. 9165) is the failure of the prosecution
to establish the “chain of custody”. The law prescribes a strict procedure for handling object
evidence, particularly the custody of confiscated dangerous drugs by law enforcement agencies
and by the courts. Non-compliance with the said procedure renders the evidence non-admissible,
resulting in the eventual acquittal of the accused if there is no other sufficient evidence to convict
him.
Suppose a person is arrested pursuant to an entrapment operation effected by the police for the
apprehension of drug traffickers. In the course of the arrest, it is a standard operating procedure
for the law enforcement officer to confiscate the illegal drugs obtained in the crime scene.

Section 21 of R.A. No. 9165 directs the apprehending team having initial custody and control of
the drugs to immediately undertake a physical inventory of the confiscated drugs, and to take
photographs of the same, in the presence of the accused or the person/s from whom such items
were confiscated and/or seized, or his/her representative or counsel. The law also requires a
representative from the media and the Department of Justice (DOJ), and any elected public
official who shall be required to sign the copies of the inventory.

Within 24 hours upon confiscation of dangerous drugs, these must be submitted to the PDEA
Forensic Laboratory for a qualitative and quantitative examination. The forensic laboratory
examiner must then make a certification of the forensic laboratory examination results. The said
certification must be issued within 24 hours after the receipt of the subject item/s.

What if the confiscated drugs are so numerous as to render it impossible to conduct an

examination within 24 hours from confiscation? In this case, a partial laboratory examination
report shall be provisionally issued stating the quantities of dangerous drugs still to be examined
by the forensic laboratory. However, a final certification must be issued on the completed
forensic laboratory examination within the next 24 hours. In other words, the law only allows an
extension period of 24 hours.

While the PDEA has custody of the confiscated drugs, the police agents file the complaint with
the prosecutor, who in turn files the criminal Information in court. Seventy-two (72) hours after
filing, the court must conduct an ocular inspection of the confiscated, seized and/or surrendered
dangerous drugs. Within 24 hours thereafter, the PDEA shall then proceed with the destruction
or burning of the confiscated drugs, in the presence of the accused or the person/s from whom
such items were confiscated and/or seized, or his/her representative or counsel, a representative
from the media and the DOJ, civil society groups and any elected public official.

The PDEA Board afterward issues a sworn certification as to the fact of destruction or burning of
the subject item/s which, together with the representative sample/s in the custody of the PDEA.
The sworn certification must be submitted to the court having jurisdiction over the case. In all
instances, the representative sample/s shall be kept to a minimum quantity as determined by the
Board.

During trial, the prosecution has the burden of proving the chain of custody — i.e., the
prosecutor must prove that the sample of drugs being presented into evidence forms part of the
inventory of drugs at the time and place of confiscation. Moreover, the prosecutor must prove
that the said drugs which are being presented into evidence are the same substances taken from
the possession of the accused.

If there are substantial gaps in the testimony of witnesses on the chain of custody of the seized
dangerous drugs, these raise doubts about the authenticity of the evidence presented in court, and
therefore the accused cannot be convicted beyond reasonable doubt.

Respicio & Co. specializes in criminal law and defense of persons accused of drug-related
offenses.