MANILA – The Supreme Court (SC) has acquitted a man convicted of planting marijuana after ruling that police failed to strictly follow the required chain of custody for the seized evidence.

In a decision penned by Associate Justice Jhosep Y. Lopez, the SC En Banc overturned the conviction of Allan Acdang, who had been found guilty by the Regional Trial Court (RTC) and whose case was earlier affirmed by the Court of Appeals.

Allan and his brother were arrested in a 2011 police operation in Kibungan, Benguet, for cultivating marijuana. Police conducted the inventory and photography of the seized plants without the required witnesses. Allan escaped custody but surrendered in 2016.

The SC emphasized that under Republic Act 9165, or the Comprehensive Dangerous Drugs Act of 2002, the prosecution must prove beyond reasonable doubt that the seized drugs are the same ones brought to court. This requires compliance with the chain of custody rule, which documents the handling of the evidence from seizure to presentation in court.

The Court found that police failed to show genuine efforts to bring witnesses to the site, despite the remote location. It stressed that lapses in the chain of custody raise doubts about the integrity of the evidence, warranting acquittal.

Associate Justice Alfredo Benjamin S. Caguioa, in a concurring opinion, said authorities had ample time to secure barangay officials as witnesses but did not do so. Associate Justice Amy C. Lazaro-Javier dissented, arguing that the large volume of marijuana involved made tampering unlikely.

Senior Associate Justice Marvic M.V.F. Leonen also dissented, saying exceptions to the chain of custody rule should apply when strict compliance endangers an operation.

The SC ordered Allan’s immediate release following his acquittal.