DUMAGUETE CITY — Barangay officials here were cautioned against refusing to witness inventories of confiscated illegal drugs during buy-bust operations or conduct of search warrants.
City Prosecutor Arnel Zerna made this clear during the Barangay Anti-Drug Abuse Council (BADAC) technical and skills enhancement training held here from Oct. 30-31.
He said that barangay officials, the media and representatives from the Department of Justice are called to witness in the inventory of confiscated illegal drugs and testify on the items being inventoried with markings on it, as provided for under Section 21 of Republic Act 9165 or the Comprehensive Dangerous Drugs Act of of 2002.
Inventory can be conducted at the crime scene, the nearest police station or at the office of the operating unit.
Refusal on the part of the barangay officials invited to witness the inventory would result in administrative liability and even imprisonment of 12 years and one day up to a maximum of 20 years plus a fine of PHP500,000.
Zerna cited a case in Cebu where the entire group of barangay officials was suspended for refusal to witness in an inventory of confiscated illegal drugs and paraphernalia.
The clarification was made in response to the concerns raised by Poblacion 1 Tinago village chief Harrison Gonzales who admitted he instructed his council members not to testify in the inventory of confiscated illegal drugs paraphernalia allegedly confiscated from a certain Abemelech Lacsican following a buy-bust operation in the barangay.
Gonzales explained he should not be called to witness an inventory that he has no personal knowledge of as to how it was conducted and whether the items recovered were really owned by the subject even if the suspect is not a resident of Tinago.
Concerns such as the legitimacy of the anti-illegal drugs operations as well as allegations of planting of evidence should be addressed in court, the prosecutor stressed.
Due to such apprehensions, barangay officials, the media and the representative from the DOJ are advised to put in the inventory the actual time and date they affixed their signature and to make sure the items confiscated are with markings that can be identified in court.
Besides, Zerna pointed out, law enforcement units enjoy the presumption of regularity while performing their respective duties and responsibilities. But if the defense can show proof of claims the buy-bust or search is illegal, the same shall be brought before the court and should not be made as reason for the barangay official concerned not to witness in the inventory. (Juancho Gallarde/PNA)
