The Legitimacy of Drug Buy-Bust Operations: Are They Valid?
In drug-related prosecutions, the burden of proof—or onus probandi—rests on the arresting officers to demonstrate that no irregularities occurred during the execution of a buy-bust operation, search warrant, in flagrante arrest, or any other form of seizure under the Dangerous Drugs Act. This principle has been firmly established in jurisprudence, including the 2023 case of People of the Philippines v. Gerald Flores y Alagdon et al., GR. No. 262686, where the Supreme Court reiterated that the presumption of regularity in law enforcement does not override an accused’s constitutional presumption of innocence.
To uphold the integrity of evidence in drug cases, law enforcement officers must strictly adhere to the Supreme Court’s guidelines on the Chain of Custody Rule under Section 21 of Republic Act No. 9165, as amended. Specifically, the following procedural safeguards must be observed:
1. Proper Marking of Seized Drugs
The confiscated drugs must be marked:
- Immediately upon seizure,
- At the place of confiscation, and
- In the presence of the accused, unless the accused evades arrest.
2. Conduct of Inventory and Documentation
After seizure, the inventory and photographing of the drugs must take place:
- Immediately after confiscation,
- In the presence of the accused (or their representative/counsel), and
- In the presence of at least two (2) insulating witnesses:
- An elected public official, and
- A representative from the National Prosecution Service or media.
If there is any deviation from these requirements, the prosecution must explicitly acknowledge it and establish that:
- There were justifiable grounds for non-compliance, and
- The integrity and evidentiary value of the confiscated drugs were properly preserved.
Furthermore, the prosecution must prove the identities and credentials of the insulating witnesses, along with their actual presence during the arrest and immediate inventory of the seized items.
Failure to comply with these procedural safeguards creates serious doubt about the authenticity of the seized drugs and may compromise the prosecution’s case, potentially leading to the dismissal of drug charges.
