It must be remembered that the defenses of denial and

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were planted. It must be remembered that the defenses of denial and frame-up have been invariably viewed by this Court with disfavor for it can easily be concocted and is a common and standard defense ploy in prosecutions for violation of Dangerous Drugs Act. [26] In this case, petitioner was not able to present any concrete or strong evidence that would support his allegation that he was the victim of a frame-up aside from his insinuation that had the trial court considered the testimonies of the witnesses he presented, the same court could have inferred the presence of a set-up or the planting of evidence on the part of the police operatives. In order to prosper, the defenses of denial and frame-up must be proved with strong and convincing evidence. [27] In claiming that the identity of the drugs subject of the charges was not proven beyond reasonable doubt, petitioner states that there was no marking of the substances seized immediately after the search and there was no proof that the drugs presented in court were the same drugs seized from his house. Yet a close reading of the records shows the opposite. Section 21, paragraph 1, Article II of R.A. 9165 provides: Section 21. Custody and Disposition of Confiscated, Seized, and/or Surrendered Dangerous Drugs, Plant Sources of Dangerous Drugs, Controlled Precursors and Essential Chemicals, Instruments/Paraphernalia and/or Laboratory Equipment . ? The PDEA shall take charge and have custody of all dangerous drugs, plant sources of dangerous drugs, controlled precursors and essential chemicals, as well as instruments/paraphernalia and/or laboratory equipment so confiscated, seized and/or surrendered, for proper disposition in the following manner: (1) The apprehending team having initial custody and control of the drugs shall, immediately after seizure and confiscation, physically inventory and photograph the same in the presence of the accused or the person/s from whom such items were confiscated and/or seized, or his/her representative or counsel, a representative from the media and the Department of Justice (DOJ), and any elected public official who shall be required to sign the copies of the inventory and be given a copy thereof; The above provision is implemented by Section 21 (a), Article II of the Implementing Rules and Regulations (IRR) of R.A. No. 9165, thus:
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2/14/20, 2 : 19 PM [ G.R. No. 181861, October 17, 2011 ] Page 10 of 18 (a) The apprehending team having initial custody and control of the drugs shall, immediately after seizure and confiscation, physically inventory and photograph the same in the presence of the accused or the person/s from whom such items were confiscated and/or seized, or his/her representative or counsel, a representative from the media and the Department of Justice (DOJ), and any elected public official who shall be required to sign the copies of the inventory and be given a copy thereof: Provided, further, that non-compliance with these
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  • Fall '19
  • Supreme Court of the United States, Appellate court, Illegal drug trade, petitioner

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