A buy-bust operation is one of the most common law enforcement tactics used in the Philippines to apprehend individuals suspected of illegal drug activities. It is a form of entrapment, where undercover agents pose as buyers to catch alleged sellers of prohibited drugs in the act of selling. While it is a legitimate law enforcement procedure under the Comprehensive Dangerous Drugs Act of 2002 (Republic Act No. 9165), it has also been a subject of controversy due to frequent allegations of abuse, planting of evidence, and human rights violations.

Understanding one’s rights during such operations is essential for protecting oneself from unlawful acts and ensuring that justice is properly served.

1. Legal Basis of Buy-Bust Operations

Buy-bust operations are governed by R.A. No. 9165 and related jurisprudence, particularly cases decided by the Supreme Court of the Philippines. The law authorizes the Philippine Drug Enforcement Agency (PDEA), the Philippine National Police (PNP), and other law enforcement units to conduct anti-drug operations, including buy-busts, provided they adhere to constitutional safeguards and procedural due process.

According to the law, a buy-bust operation is not illegal per se as long as it is conducted in good faith and follows proper procedures. However, failure to comply with established protocols can render the operation—and the resulting arrest—invalid.

2. Rights of the Accused During a Buy-Bust Operation

Under the 1987 Philippine Constitution, every person—whether guilty or innocent—is guaranteed certain fundamental rights during arrests, searches, and custodial investigations. These include:

a. Right Against Unreasonable Searches and Seizures

A buy-bust operation is a recognized exception to the requirement of a search or arrest warrant. However, probable cause and actual sale or delivery of drugs must be clearly established.
Any search or seizure conducted before the supposed sale or without clear evidence of the transaction can be challenged as unconstitutional.

b. Right to Be Informed of the Cause of Arrest

Upon arrest, officers must identify themselves, state the reason for the arrest, and inform the suspect of their rights.
Failure to do so can render the arrest illegal, and any evidence obtained may be inadmissible in court.

c. Right to Counsel and to Remain Silent

Under Article III, Section 12 of the Constitution, an arrested person has the right to remain silent and to have competent and independent counsel preferably of their own choice.
If the person cannot afford a lawyer, one must be provided by the state.
Any confession or admission made without the presence of counsel is inadmissible in evidence.

d. Right to Be Presumed Innocent

The accused is presumed innocent until proven guilty beyond reasonable doubt.
The burden of proof rests with the prosecution, particularly in proving that the buy-bust operation was legitimate and free from irregularities.

3. Chain of Custody and Handling of Evidence

One of the most critical aspects of drug-related arrests is the chain of custody rule under Section 21 of R.A. 9165. This provision ensures that the seized drugs are handled and documented properly to prevent tampering or fabrication.

The law requires that:

The apprehending officer must immediately conduct an inventory and photograph the seized items in the presence of:
- The accused or their representative or counsel;
- An elected public official;
- A representative from the Department of Justice (DOJ); and
- A media representative.
These witnesses must sign the inventory.
Non-compliance without justifiable reason may lead to acquittal, as it casts doubt on the integrity of the evidence.

The Supreme Court has repeatedly ruled that strict compliance with Section 21 is essential to uphold the validity of the arrest and conviction.

4. What to Do If You Are Caught in a Buy-Bust Operation

If you are apprehended during a buy-bust operation, the following steps may help safeguard your rights:

Stay calm and avoid resistance. Any form of aggression may be interpreted as obstruction or resistance to arrest.
Ask for identification. You have the right to know the identities and agencies of the officers involved.
Invoke your right to remain silent and to a lawyer. Do not answer questions or sign any document without your counsel present.
Do not sign blank papers or documents you do not understand.
Take note of witnesses, time, and place—these details may be crucial for your defense.
Inform a trusted person or relative about your situation as soon as possible.
If evidence appears planted or fabricated, immediately inform your lawyer and request that this be recorded in the arrest report.

5. Common Irregularities and Legal Remedies

a. Planting of Evidence

Under R.A. No. 9165, Section 29, planting of evidence by law enforcement officers is punishable by death (now reclusion perpetua), reflecting the gravity of such misconduct.

b. Lack of Proper Witnesses During Inventory

Failure to include required witnesses in the inventory and documentation process may render the evidence inadmissible.

c. Failure to Observe Chain of Custody

Any break in the chain of custody—from seizure to storage to presentation in court—can lead to dismissal of the case.

d. Remedies

File a motion to quash or motion to suppress evidence if your arrest or search was unlawful.
File administrative or criminal charges against abusive officers through the Commission on Human Rights (CHR), PNP Internal Affairs Service (IAS), or the Ombudsman.
Seek assistance from the Public Attorney’s Office (PAO) or human rights organizations.

6. Jurisprudence and Notable Cases

The Philippine Supreme Court has decided numerous cases clarifying how buy-bust operations must be conducted. Key rulings include:

People v. Doria (G.R. No. 125299, January 22, 1999) – established the “objective test” for buy-bust operations, requiring clear evidence that the transaction actually took place.
People v. Mendoza (G.R. No. 192432, June 25, 2014) – reiterated the necessity of compliance with Section 21’s chain of custody rule.
People v. Lim (G.R. No. 231989, September 4, 2018) – emphasized that police officers must explain and justify any deviation from the chain of custody requirements.

7. Summary and Practical Takeaways

Know your rights: silence, counsel, and presumption of innocence.
Demand transparency: officers must identify themselves and explain the cause of arrest.
Insist on proper procedure: the chain of custody must be strictly observed.
Seek legal help immediately: from PAO, CHR, or private counsel.
Document everything: small details can be decisive in court.

Conclusion

A buy-bust operation is a legitimate law enforcement tool—but it must always operate within the bounds of law and human rights. The Constitution and R.A. 9165 provide both the framework for prosecution and the protections for the accused. Knowing your rights during such operations can mean the difference between lawful justice and unlawful persecution.