THE PHILIPPINE Supreme Court (SC) has acquitted a drug suspect after policemen failed to secure enough witnesses and a valid arrest warrant.
In a resolution dated April 24 and made public on July 31, the tribunal ordered Flordeliza T. Abejar’s immediate release as it ruled police had only secured two village officials during the drug inventory and arrest.
The witnesses had arrived when police officers were already marking illegal drugs as evidence, it said.
Under the Comprehensive Dangerous Drugs Act, a representative from the media, Justice department and an elected public official must be present during a drug inventory.
“No less than the Constitution ensures the people’s right to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures,” the court said.
“The mandatory witnesses cannot perform their role of guarding against the possible planting of drugs if they only witness the inventory and photographing after the warrantless arrest,” it added. — John Victor D. Ordoñez
