Only officers of the Philippine Drug Enforcement Agency can file drug cases, the presiding judge of the assigned drugs court in Oriental Negros said.

Judge Crescencio Tan Jr. of the Regional Trial Court Branch 30 said that, even if the drugs operation is conducted by the National Bureau of Investigation or the police, it has to be a PDEA officer who should file the criminal complaint in court.

He stressed that coordination meetings must be conducted before any anti-drug operation, except in cases of warrantless arrests.

Seized drugs and other illegal drug paraphernalia have to be marked at the place where they were seized or confiscated, as well as the taking of photographs. A Republic Act 9165, the Comprehensive Dangerous Drugs Act of 2002, also provides that confiscated drugs shall be brought to the police crime laboratory for examination within 24 hours.

This is to establish a chain or link of the confiscated items, Tan said. He also cautioned members of the Task Force 24 not to bring seized drugs to the police office unless they have been inventoried at the place of seizure to be witnessed by the media, and a representative of the Department of Justice. During a buy-bust operation, the inventory should also be held at the barangay where it was conducted, Tan said.

He said there is need for more seminars and trainings among concerned law enforcers to avoid the dismissal of drug cases due to technicalities.

Such training is scheduled next month in Dumaguete City to be conducted by the Oriental Negros Anti-Drug Council, and another one is scheduled in Bayawan and Basay towns.*JG

back to top