2012 Remedial Law, Q2

Discuss the “chain of custody” principle with respect to evidence seized under R.A. 9165 or the Comprehensive Dangerous Drugs Act of 2002. (5%)
What do you understand about the “precautionary principle” under the Rules of Procedure for Environmental Cases? (5%)

Quick check

What is the primary objective of the chain of custody rule under Section 21 of R.A. 9165?

Under the Rules of Procedure for Environmental Cases, when does the precautionary principle apply?

What is the legal effect of an unexplained break in the chain of custody of seized illicit drugs?

How does the precautionary principle alter the traditional burden of proof in environmental litigation?

Which Supreme Court issuance governs the application of the precautionary principle in Philippine courts?

Learn more about these topics

1. Chain of Custody
Under Section 21 of Republic Act No. 9165, the chain of custody rule establishes a mandatory procedure for handling seized illegal drugs. It requires accounting for every person who handled, tested, and stored the dangerous drugs from the initial time of seizure and marking until final presentation as evidence in court. This strict evidentiary requirement guarantees that the dangerous drug offered in court is the exact identity and in the same condition as that seized from the accused, thereby preserving the integrity of the corpus delicti and preventing evidentiary tampering or substitution.

2. Precautionary Principle
Under Rule 20 of the Rules of Procedure for Environmental Cases (A.M. No. 09-6-8-SC), the precautionary principle applies when human activities threaten serious or irreversible environmental damage. Where there is a lack of full scientific certainty, it should not be used as a reason for postponing cost-effective measures to prevent environmental degradation. This principle shifts the burden of proof to the proponent of an activity to demonstrate that their actions will not cause harm, thereby prioritizing environmental protection and human health in judicial decision-making.

3. Evidentiary Burdens
Both the chain of custody requirement and the precautionary principle serve to address evidentiary challenges in specialized litigation. In criminal drug prosecutions, the prosecution bears the burden of establishing an unbroken chain of custody beyond reasonable doubt to secure a conviction. Conversely, in environmental litigation, the precautionary principle relaxes traditional burdens of proof by allowing courts to issue protective orders despite scientific uncertainty, ensuring that potential ecological threats are mitigated before catastrophic damage occurs.

About these questions and answers
The questions reproduced here are the official texts of the Philippine Bar Examinations, published by the Supreme Court. They are reproduced for study purposes.The suggested answers are the author’s own.

They are not official answers, have no connection with the Supreme Court, the Office of the Bar Confidant, or any bar review institution, and are not endorsed by any of them. Official answer keys, where released, should be preferred over anything here.Nothing on this page is legal advice, and reading it creates no lawyer-client relationship. Do not rely on any suggested answer in an actual legal matter. Consult counsel on your own facts.Suggested answers reflect the law and jurisprudence the author considers applicable as of the date shown.

Where a question comes from an earlier examination, the suggested answer applies the law as it now stands, which may differ from the law in force when the question was given, and may therefore differ from what would have been the correct answer at that time. Where the difference is material, the answer notes it.The practice scoring feature measures wording overlap with the suggested answer. It is not a grade, carries no official weight, and says nothing about whether your reasoning is sound.Errors are possible. If you find one, please tell me and I will correct it.Last reviewed: October 2026