SC sets rules on seized guns, ammos to address planting of evidence

The Supreme Court (SC) has adopted guidelines in the handling by law enforcers of firearms and ammunition confiscated during implementation of arrest warrants or those seized during warrantless arrests to safeguard against substitution or planting of evidence.

- By REY G. PANALIGAN

Under the guidelines, the SC said that where firearms or ammunition were seized through a search warrant or during a buy-bust operation, law enforcers must conduct immediate marking of the firearm and ammunition, inventory of the items seized, and taking of photographs at the place of seizure in the presence of witnesses required under the Rules of Court.

It also said that the same guidelines must be complied with by law enforcers when firearms and ammunition are seized during warrantless arrests.

The SC pointed out that “these guidelines seek to strike a judicious balance between safeguarding the constitutional rights of the accused and preserving the viability of legitimate prosecutions for illegal possession of firearms.”

The guidelines were contained in a decision that acquitted Tony A. Baclig II of Tayug, Pangasinan, of illegal possession of firearms and ammunition which were reportedly confiscated from him by the police on Oct. 2, 2016.

The decision, written by Associate Justice Henri Jean Paul B. Inting and made public last June 18, adopted the recommendation of the guidelines proposed by Associate Justice Alfredo Benjamin S. Caguioa to standardize the treatment of firearms involved in prosecutions under Republic Act No. 10591, the Comprehensive Firearms and Ammunition Regulation Act.

RA 10591 involves the ownership, possession, carrying, and manufacture of firearms and ammunition in the Philippines; and sets strict licensing and registration standards to ensure public safety and deter crime.

The guidelines adopted by the SC in firearms and ammunition seizure are similar to those mandated under Republic Act No. 9165, the Comprehensive Dangerous Drugs Act of 2002, and its Implementing Rules and Regulations (IRR).