How true are rumors that seized drugs are recycled?

TAGBILARAN CITY, Bohol Oct 24 (PIA) – What happens to drugs and illegal substances seized from drug operations?

While conspiracy theorists have attempted to muddle the minds of people that the proliferation of drugs in the streets is a sign that the drugs obtained from the operations are channeled back to the streets, there are in fact implementing guidelines on the custody of these key pieces of evidence, according to police authorities.

After the police seize these drugs, are there measures to make sure the same quantity and quality of the seized substances are presented as evidence of the case to be filed in court?

According to the implementing guidelines, the Philippine Drug Enforcement Agency (PDEA) shall take custody of dangerous drugs, instruments, paraphernalia and laboratory equipment which are seized and surrendered.

That is why, after the operations, the apprehending officer inventory, mark, put his initials and signature, and photograph the probable evidence where the search warrant is served, this is to make sure that people who witness the raid can also attest to the volume and items confiscated, according to a police investigator who politely declined to be named.

In cases of warrantless seizures, the marking is done in the presence of the violator, at the place where the drugs were seized or at the nearest police station of the apprehending officer, where the physical inventory and photograph shall be conducted, he continued.

To attest to all these, the physical inventory and photograph of the seized items would be done in the presence of the suspect or representative, with elected public official, a representative of the National Prosecution Service (NPS) or the media, who would all counter-sign the copies of the inventory of the seized items.

Then the marked seized items are sealed in an evidence bag and signed by the apprehending officer for submission to the forensic laboratory for confirmatory examination.

“What is important is that the integrity and the evidentiary value of the seized items are properly preserved by the apprehending officer or team,” police authorities shared.

For this, the chain of custody of evidence places time and place of marking, names of officers who marked, inventoried, photographed and sealed the items, who took custody and received the evidence from one officer to another within the chain, and further indicating the time and date every time the transfer of custody of the same evidence were made in the course of safekeeping.

This happens until the seized items are submitted to laboratory personnel for PDEA, PNP or NBI forensic laboratory for quantitative and qualitative examination within 24 hours upon confiscation, according to the guidelines.

Any where there is a swap of the items, the officer who took custody, according to the chain of custody records is liable.

In all cases, the chain of custody of the seized items shall be observed, documented each time it is handled, transferred or presented in court until its disposal, and every individual in the chain of custody shall be identified following the laboratory control and chain of custody form, the investigating official added.

Violations of RA No. 9165 require positive results of the seized items from laboratory examination to support the charges.

For this, a chemistry report from the forensic laboratory examination results would be issued by the forensic examiner within the prescribed period to enable the filing of criminal charges with the prosecutor’s office.

As the criminal case is filed in the prosecutor’s office, the police or the PDEA can file an urgent motion for the immediate destruction of the seized or surrendered dangerous drugs, instruments, paraphernalia, with prayer for ocular inspection 72 hours, written in conformity of the Prosecutor Office where the confiscation took place, to relieve them of the burden of the custody.

The court usually resolves the motion within 5 days, when a hearing is called for the motion for destruction, and within 72 hours, the court conducts an ocular inspection, takes representative samples of the marked and sealed evidence in the presence of counsel or representative, laboratory personnel, and witnesses, and this shall be retained in the forensic lab custody, to serve as the evidence in criminal case against the violator, so the authorities can proceed with immediate destruction of the drug evidence and items.

The rest of the volume now represented by the sample left at the forensic lab, PDEA and the authorities proceed with the burning of the drug evidence within 24 hours, in the presence of the prescribed witnesses.

Regulations also said, among the prescribed methods of destruction are thermal destruction and other lawful appropriate methods, in consultation with the DENR.

Now, if you still insist that there is a loop hole anywhere in the chain of custody, file a case for you to see. (PIAbohol)