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JPAS Email: chiefjusticehelpdesk judiciary. In the chain of custody in drugs cases, the seizure and marking, including the physical inventory and photograph-taking, of the seized drug must be done immediately at the place of arrest. Lazaro-Javier, as it granted the motion for reconsideration filed by Allan S. Almayda Almayda and Homero A. Quiogue Quiogue. The motion for reconsideration challenged the Resolution of the Supreme Court affirming the conviction of Almayda and Quiogue for violation of Republic Act No. During the operation, the PDEA agents marked at the crime scene the seized plastic sachets containing methamphetamine hydrochloride or shabu. The conviction was affirmed by the Court of Appeals CA. In a Resolution dated November 11, , the Court affirmed the conviction, prompting Almayda and Quiogue to file the present motion for reconsideration. In granting their motion, the Court restated its ruling in People v. Casa that in case of warrantless seizures, the inventory and taking of photographs, which is the first link in the chain of custody of drugs cases, generally must be done at the place of seizure. The exception to this rule is where the physical inventory and taking of photographs of the seized item may be conducted at the nearest police station or at the nearest office of the apprehending officer or team, provided that police officers have justification that 1 it is not practicable to conduct the same at the place of seizure or 2 the items seized are threatened by immediate or extreme danger at the place of seizure, held the Court. Such reason must be indicated in the affidavits of the police officers who participated in the buy-bust operation. In the present case, it is undisputed that the inventory and photograph-taking of the seized shabu were done at the PDEA office, not at the place of arrest. However, the prosecution witnesses failed to give any justification for their deviation from the general rule. Hence, the first link in the chain of custody was broken. The Court also clarified that even if the succeeding links in the chain of custody were compliant with the requirements under the law, this does not serve to cure the breach which attended early on the first link. Time and again, we have exhorted courts to be extra vigilant in trying drugs cases, lest an innocent person is made to suffer the unusually severe penalties for drug offenses. Full text of G. Thank you for your continued support and feedback. The Supreme Court of the Philippines respects your privacy and your data privacy rights, as well as employs reasonable measures to protect your personal data in accordance with Republic Act No. The Supreme Court website serves as the online repository of Supreme Court information, references, and resources accessible to the public. 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These are found in the following provisions:. The members of the Court are appointed by the President from a list, prepared by the Judicial and Bar Council, of at least three nominees for every vacancy. Aquino declared the existence of a revolutionary government under Proclamation No. Heeding the call, the members of the Judiciary—from the Supreme Court to the Municipal Circuit Courts—placed their offices at the disposal of the President and submitted their resignations. President Corazon C, Aquino proceeded to reorganize the entire Court, appointing all 15 members. Under Article I, Section 2 of the Freedom Constitution, the provisions of the Constitution on the judiciary were adopted insofar as they were not inconsistent with Proclamation No. Article V of Proclamation No. By a vote of President Aquino, other civilian officials, and members of the Armed Forces of the Philippines, upon the announcement of the ratification of the Constitution, swore allegiance to the new charter on February 11, thereby putting an end to the revolutionary government. The declaration of Martial Law through Proclamation No. This period also brought in many legal issues of transcendental importance and consequence. Among these were the legality of the ratification of a new Constitution, the assumption of the totality of government authority by President Marcos, and the power to review the factual basis for a declaration of Martial Law by the Chief Executive, among others. Also writ large during this period was the relationship between the Court and the Chief Executive who, under Amendment No. The Constitution increased the number of the members of the Supreme Court from 11 to 15, with a Chief Justice and 14 Associate Justices. The Justices of the Court were appointed by the President alone, without the consent, approval, or recommendation of any other body or officials. This law grouped together the cases over which the Supreme Court could exercise exclusive jurisdiction for review on appeal, certiorari, or writ of error. Following the ratification of the Philippine Constitution in a plebiscite, the principle of separation of powers was adopted, not by express and specific provision to that effect, but by actual division of powers of the government—executive, legislative, and judicial—in different articles of the Constitution. The judicial organization established by the Act was conceived by the American lawyers in the Philippine Commission, with its basic structures patterned after similar organizations in the United States. Five members of the Court could form a quorum, and the concurrence of at least four members was necessary to pronounce a judgment. Act No. This effectively severed any nexus between the present Supreme Court and the Audiencia. The Anglo-American legal system under which the Supreme Court of the Philippine Islands was expected to operate was entirely different from the old Spanish system that Filipinos were familiar with. Adjustments had to be made; hence, the decisions of the Supreme Court during its early years reflected a blend of both the Anglo-American and Spanish systems. The jurisprudence was a gentle transition from the old order to the new. The judicial system established during the regime of the military government functioned as an instrument of the executive—not of the judiciary—as an independent and separate branch of government. Secretary of State John Hay, on May 12, , proposed a plan for a colonial government of the Philippine Islands which would give Filipinos the largest measure of self-government. The plan contemplated an independent judiciary manned by judges chosen from qualified locals and Americans. The Audiencia was composed of a presiding officer and eight members organized into two divisions: the sala de lo civil or the civil branch, and the sala de lo criminal or the criminal branch. It was General Otis himself who personally selected the first appointees to the Audiencia. Cayetano L. Arellano was appointed President equivalent to Chief Justice of the Court, with Manuel Araullo as president of the sala de lo civil and Raymundo Melliza as president of the salo de lo criminal. Gregorio Araneta and Lt. Young, and Captain W. Brikhimer were designated associate justices of the criminal branch. Thus, the reestablished Audiencia became the first agency of the new insular government where Filipinos were appointed side by side with Americans. During the early Spanish occupation, King Philip II established the Real Audiencia de Manila which was given not only judicial but legislative, executive, advisory, and administrative functions as well. Composed of the incumbent governor general as the presidente presiding officer , four oidores equivalent to associate justices , an asesor legal adviser , an alguacil mayor chief constable , among other officials, the Real Audiencia de Manila was both a trial and appellate court. It had exclusive original, concurrent original, and exclusive appellate jurisdictions. 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A remarkable feature of these customs and traditions was that they were found to be very similar to one another notwithstanding that they were observed in widely dispersed islands of the archipelago. There were no judges and lawyers who were trained formally in the law, although there were elders who devoted time to the study of the customs, usages, and traditions of their tribes to qualify them as consultants or advisers on these matters. In the exercise of his judicial authority, the datu acted as a judge hukom in settling disputes and deciding cases in his barangay. I will be back soon. Welcome to the Supreme Court of the Philippines. Trial Court Locator. Search for:. Welcome to The Supreme Court of the Philippines. Working Hours Monday to Friday: - December 20, Supreme Court of the Philippines. Padre Faura St. Twitter Youtube Facebook Instagram. Contact Info. For queries and comments, please email us at: pio. Other Links. Useful Links. All rights reserved. Privacy Notice. 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Under Marcos, the Philippines drug war drags on

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Tin name changed , 27, hails from a neighborhood in the northern part of Metropolitan Manila, the capital region of the Philippines. Her locality was not spared from the spate of killings that resulted after Rodrigo Duterte, the president from to , unleashed an all-out war against illegal drugs. But it never crossed her mind that she would experience a drug-related death in her own family. After all, her husband was not involved with illegal drugs at the time. Still, a year after Duterte stepped down and Ferdinand Marcos Jr. It took about an hour for a police patrol to bring the victim to the hospital, where he was pronounced dead on arrival. The police official, Patrolman Edwin Rivera Sibling, has been dismissed from the force and is now facing criminal charges. The incident is not an isolated case, as drug-linked violence continues in the Philippines despite Marcos saying his administration has altered its approach and made progress in curbing the illegal drug trade. In a recent visit to Germany, the Philippine president told Chancellor Olaf Scholz that the drug campaign has 'completely changed' to prevention and rehabilitation during his tenure. But the numbers of the continuing drug-related killings paint a different picture. Data from the Dahas project, an initiative of the University of the Philippines, show that the drug violence continues at the same level as it was under Duterte. Dahas recorded drug casualties from July 1, , to June 30, , at an average rate of 0. The project logged more deaths during the last six months of , and 29 each in January and February this year. Duterte's yearslong anti-drug campaign left thousands of people dead, as a result of either police operations or vigilante killings. According to the government, police killed about 6, suspected dealers, who resisted arrest during the anti-drug operations. But rights groups say the toll could be much higher. The International Criminal Court launched a probe into the killings, prompting Duterte to officially withdraw the Philippines from the international tribunal in Last year, the ICC rejected Manila's appeal to stop its drug war probe and cleared the way for the investigation to continue. Rise Up for Life and for Rights, an organization that supports families affected by the extrajudicial killings, said the development had given hope to people who cannot seek redress in court. Marcos, however, has said his administration will not cooperate with the ICC probe, which he described as 'a threat to our sovereignty. Joel Ariate, the lead researcher of the Dahas project, told DW that there has been a notable difference between the drug-related killings under Duterte and those under Marcos: the involvement of law enforcement agents. Marcos has not abolished those, so it should really make you wonder what he's talking about when each time he says the drug policy of his administration is different. He said the problems that plagued the drug offensive under Duterte, including the lack of due process and the disregard for international human rights laws, haven't disappeared under the new administration. There are also regional variations when it comes to its implementation. Though the Manila region previously accounted for most of the killings, Ariate said, they are now increasingly happening in provinces such as Cebu and Negros Occidental. Conde said Marcos would need to publicly declare an end to the war on drugs to stop the killings. He called for the Philippine administration to adopt a holistic approach in its efforts to combat illegal drugs, arguing that it should be tackled from a public health perspective instead of being viewed as a public safety problem. Latest videos Latest audio. Latest audio Latest videos. In focus. Footage of the incident showed Serioso, 29, lying on the ground as the policeman walked away. She denied that her husband was selling illegal substances. Philippines: Duterte 'must face reckoning' for drug war To view this video please enable JavaScript, and consider upgrading to a web browser that supports HTML5 video. Finding evidence of Duterte's war on drugs To view this video please enable JavaScript, and consider upgrading to a web browser that supports HTML5 video. Philippine cafe keeps alive memory of 'drug war' victims To view this video please enable JavaScript, and consider upgrading to a web browser that supports HTML5 video. Related topics.

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