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OF THE PHIUP?WES 
j 
First Regular Session 
) 
EXPLAl\IATORY NOTE 
- ..se-rL~::ttl}1' 
{>!lff,;r .,1 f"~~t,V 
Republic Act (RA) 1>.'0. 9165 otherwise AAOVv"n as U".e Compre.'lensive Dangerous 
Drugs Act of 2002 \4lSS enacted to, address our OOt~.Hlb)f-'s increasing prob!em on 
illegal drugs. However, ten (m) years after its effectillify, illegal drugs continue to 
be 3,menare in our society'- Based 00 tt.e data subniitted by the Philippine [)iUg 
Enforcement Agency' (PDEA) from 2002 up to 31 [)ecember 2Oc'l2, there are a 
f~+~1 ~f 84 <1.68 ......... 
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monitored by the PDEA. Of mis number, 4,199 casesresuited in conviction, 
3,781 in dismissa.l and 6,177 in acquittal. PDEA also reported tP.a! 17% of those 
acquitted and 6% of those dismissed were due to tecimicaiity for faiiure to 
observe the requirements set forth 'under Section 21 of RA9165~ 
Section 2'1 of the said law provides for the procedures 10 be followed by the 
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disposition of confiscated, seized, andlor surrendered dangerous drugs, plant 
so· urces of d~ngerous rfru"", 
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instrumentsl paraphemaiiaandlorlaboratoryequipment.This provision 
mandates that the inventory and photograph of illegal drugs should be done 
immediatety upon their seizure and oormsc-ation at the place where the search Of 
buy-hust' operation was' conducted and in' the presence of a representative from 
the media and tIte Departme"it of Justice and any elected public offICial. 
This bm seeks to provide clear procedures for the custody and dg;position of 
dangerous drugs thereby preserving the evidentiary vaille of confiscated items 
and to prevent the disl'nissa! of drug cases due to the failure of '''w enforcers to 
follow the stringent requirements of Section 2-1 of RA 9165. 
Among. the salienUe-atures of full> bill am as fullaw-s: 
, 
1. Strengthens the anti-drug ca."l1Pa;:"n byaw.e.oding the procedure for the 
custody and disposftion of dangerous drugs and penalizlng the possession 
of controlled precursors and essenfuil chemicals, instruments or 
paraphemalia and iaboratory equipment; 
2. Mandates- that the taking of the inventory and ilhotograph of sef.<:ed and 
confiscated items be witnessed bv an elected nubile official who has 
. 
, 


3. Provides for the filing of administrative cases against the required 
witnesses who withO'..!t valid c.ause fail to art""'''; the inventory of seized 
and c..vnfiscated items; 
4. Mandates that the C'OI .... .ducl of the pny"Slcal inventory 31~td- the takirIQ of the 
photograph of seized and confISCated items be at the place where the 
seafCt'1 warrant is served or at the f"£arest police staftOt~ or at the nearest 
ottlce of the apprehending ottlceriteam, wflichever is practlcable; and 
5. Renders the seizures and custody over said items vaiid, as iong as the 
integrity and evidentJary value mUle seized it .-are properly pre-served. 
In view of the foregoing, immediate appro 
this bill is earnestly sought 
GORIO B. HOHMAN If 
. Senator 


SIXTEENTH CONGRESS OF THE REPUBLIC ) 
'I. 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
'13 JiA. -1 p:t,!ifO 
SENATE 
Introduced by Senator Gregorio B. Honasan II 
AN ACT 
AMENDING SECTION 21 OF REPUBLIC ACT NO. 9165, OTHERWISE KNOWN 
AS THE "COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002 
Be it enacted by the Senate and House of Representatives of the Philippines 
in Congress assembled: 
SECTION 1. Section 21 of Republic Act No. 9165, otherwise known as the 
"Comprehensive Dangerous Drugs Act of 2002," is hereby amended to read as 
follows: 
"SEC. 21. Custody and Disposition of Confiscated, Seized, and/or 
Surrendered Dangerous Drugs, Plant Sources of Dangerous 
Drugs, 
Controlled 
Precursors 
and 
Essential 
Chemicals, 
Instruments/Paraphernalia and/or Laboratory EqUipment. - The 
PDEA shall take charge and have custody of all dangerous drugs, 
plant sources of dangerous drugs, controlled precursors and essential 
chemicals, as well as instruments/paraphernalia and/or laboratory 
equipment so confiscated, seized and/or surrendered, for proper 
disposition in the following manner: 
"1) The apprehending team having initial custody and control of, the 
DANGEROUS 
drugs, 
CONTROLLED 
PRECURSORS 
AND 
ESSENTIAL CHEMICALS, INSTRUMENTS OR PARAPHERNALIA 
AND LABORATORY EQUIPMENT shall, immediately after seizure 
and confiscation, physically inventory and photograph the same in the 
presence of the accused or the person/s from whom such items were 
confiscated and/or seized, or his/her representative or counsel, WITH 
AN ELECTED PUBLIC OFFICIAL WHO HAS JURISDICTION OVER 
THE 
SCENE 
OF 
THE 
CRIME, 
TOGETHER 
WITH 
A 
REPRESENTATIVE OF THE DEPARTMENT OF JUSTICE OR THE 
MEDIA [a representative 
from the media and the Department of 
Justice (DOJ), and any elected public official] who shall be required to 
sign the copies of the inventory and be given a copy thereof[.]: 
PROVIDED, THAT THE FAILURE ON THE PART OF THE INVITED 
REPRESENTATIVES TO ATTEND THE INVENTORY WITHOUT A 
VALID CAUSE WOULD MERIT ADMINISTRATIVE SANCTIONS: 
PROVIDED, FURTHER, THAT THE PHYSICAL INVENTORY AND 
PHOTOGRAPH SHALL BE CONDUCTED AT THE PLACE WHERE 
THE SEARCH WARRANT IS SERVED; OR AT THE NEAREST 


POLICE STATION OR AT THE NEAREST OFFICE OF THE 
APPREHENDING 
OFFICER/TEAM, 
WHICHEVER 
IS 
PRACTICABLE, 
IN 
CASE 
OF 
WARRANTLESS 
SEIZURES: 
PROVIDED, FINALLY, THAT NON-COMPLIANCE OF THESE 
REQUIREMENTS UNDER JUSTIFIABLE GROUNDS, AS LONG AS 
THE INTEGRITY AND THE EVIDENTIARY VALUE OF THE SEIZED 
ITEMS ARE PROPERLY PRESERVED BY THE APPREHENDING 
OFFICER/TEAM, SHALL NOT RENDER VOID AND INVALID SUCH 
SEIZURES AND CUSTODY OVER SAID ITEMS; 
X X X X X X X X" 
SEC. 2. Separability Clause. - If any provision or part hereof is held invalid or 
unconstitutional, the remainder of the law or the provisions not otherwise affected 
, 
I 
shall remain valid and subsisting. 
SEC. 3. Repealing Clause. - All laws, issuances or parts thereof inconsistent 
with this Act are hereby repealed or modified accordingly. 
SEC. 4. Effectivity Clause. - This Act shall take effect after fifteen (15) days 
from its publication in the Official Gazette or in two (2) newspapers of general 
circulation. 
Approved, 
2