A BARANGAY official who refuses to accompany police operatives in the conduct of a buy-bust operation is fatal to the prosecution of a person accused of peddling illegal drugs.
In a recent decision, the Supreme Court acquitted the accused who was apprehended selling shabu to a poseur-buyer because of the lack of instrumental witnesses as required by regulations.
It did not matter that the anti-drug operations were conducted during lockdowns as a result of the COVID pandemic.
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This was the case of “Alyas Hapon,” an alleged drug runner operating in Batangas City.
Police assets reported that they were able to buy shabu from Alyas Hapon even during the pandemic. A team of anti-drug operatives thus organized themselves to apprehend the suspect in the act of selling the illegal drug to a police poseur-buyer.
When the appointed time came, the Barangay Captain where the sale was supposed to happen refused to accompany the policemen in their operations.
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The Barangay leader’s excuse was that she feared for her life. The police invited a representative from the Department of Justice but no one was available by reason of the pandemic.
The police thus proceeded to the place of the transaction and pursued the planned buy-bust operation.
After the sale was consummated, the police arrested alias Hapon and marked the shabu that he was selling in a sealed plastic container.
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It was only after the arrest was made that the police called the barangay captain and instructed her to proceed to the place of the transaction.
When the barangay captain got there, a policeman frisked alias Hapon and discovered a Styrofoam box containing sachets of shabu.
A media representative, who was with other police operatives inside a waiting car, was also present to witness the inventory of items seized from the suspect.
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The police thereafter processed the seized evidence, including a chemist’s analysis of whether they were indeed the prohibited illegal substance. The result was positive.
The trial court convicted alias Hapon on the basis of the seized evidence. It concluded that they were legally seized during a legitimate buy-bust operation.
The judge ruled that the police has complied with the legal requirement that be accompanied by an elected official, and a representative from the prosecution or the media.
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The Supreme Court reversed the conviction and acquitted alias Hapon.
The High Court declared illegal the practice of “calling in” the witnesses only after the fact of seizure and apprehension.
In this case, the barangay captain was not readily available. As admitted by the police, she was stationed at the barangay hall waiting for their call in case the buy-bust turned out positive.
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Section 21 of Republic Act 9165 requires that the insulating witnesses be “at or near the place of apprehension.”
Bare claims of earnest efforts to ensure the presence of the elected official at the place of apprehension are not sufficient.
The strict legal requirements help ensure that illegal drugs are not substituted, tampered or altered./PN
