He was arrested for selling and possessing illegal drugs in a buy-bust operation in Dagupan City in 2013 and convicted by the trial court in 2016. In 2018, the judgment of conviction was affirmed by the Court of Appeals .
In a resolution that granted his appeal, the SC said the law enforcers who arrested Suba failed to follow strictly the handling and inventory of the seized illegal drugs, particularly on the law’s requirement on witnesses. Thus, it said, the physical inventory and photographing of the seized illegal drugs should have been done in the presence of the suspect, himself, a representative of the media, a representative of the Department of Justice , and any elected public official.
In the case of Suba, the SC found that the inventory and photographing of the seized illegal drugs was not witnessed by an elected public official and a representative from the media in violation of Section 21 of RA 9165.“As the Court sees it, the apprehending officers did not faithfully comply with the standards set forth by law, compounded by the prosecution’s failure to justify non-compliance thereof.
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