Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
NINETEENTH CONGRESS 
First Regular Session 
House Bill No. ______ 
Introduced by Rep. MARIO VITTORIO “MARVEY” A. MARIÑO 
5th District, Batangas 
AN ACT PROVIDING FOR THE IMMEDIATE DESTRUCTION 
OF THE CONFISCATED, SEIZED AND/OR SURRENDERED 
DANGEROUS DRUGS, PLANT SOURCES OF DANGEROUS DRUGS, 
AND CONTROLLED PRECURSORS AND ESSENTIAL CHEMICALS, 
AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 9165, AS 
AMENDED 
EXPLANATORY NOTE 
Section 21 of Republic Act No. 9165, as amended, or the Dangerous Drugs Act 
provides for the proper procedure to be followed by police officers in the seizure, 
confiscation, custody, and disposition of dangerous drugs. This is also referred to as the 
chain of custody rule. Chain of Custody means the duly recorded authorized movements 
and custody of seized drugs or controlled chemicals or plant sources of dangerous drugs 
or laboratory equipment of each stage, from the time of seizure/confiscation to receipt 
in the forensic laboratory to safekeeping to presentation in court for destruction.1 
Compliance with Section 21 ensures that the integrity and identity of the seized drugs 
are duly preserved and removes unnecessary doubts concerning the identity of the 
evidence.  
Much attention has been given to the chain of custody rule under Section 21 of the 
Dangerous Drugs Act. Neglect, however, can be found in the safekeeping of the 
confiscated drugs, particularly of the representative samples required by law to be 
retained until final disposition of the case. Seized illegal drugs still find their way out 
of the facilities of the Philippine Drug Enforcement Agency (PDEA), the agency in 
charge of the custody of dangerous drugs, instruments/paraphernalia and equipment 
which have been confiscated. In fact, there are certain “ninja cops” or erring police 
officers who recycle, resell seized drugs, or plant evidence against innocent individuals 
that add to the continuing drug problem in the Philippines. 
Thus, this bill seeks to further amend Section 21 of the Dangerous Drugs Act and 
provide for the immediate destruction of the seized illegal drugs as well as the retained 
representative sample/s to prevent further recycle, resell of dangerous drugs, or planting 
of evidence by erring police officers.  
1 Section 1(b) of Dangerous Drugs Board Regulation No. 1, Series of 2002 
July 1, 2022 
12:25 pm
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The measure also proposes to allow the admissibility of duly authenticated and 
dated photographs of seized dangerous drugs, plant sources of dangerous drugs, 
controlled precursors and essential chemicals, as well as instruments/paraphernalia 
and/or laboratory equipment, without need to further present the actual objects as 
evidence. This bill further requires the Regional Trial Court (RTC) to issue a 
certification of compliance with Section 21 and that the representative sample/s 
destroyed or burned is the same drug seized, confiscated, or retained. Consequently, 
such certification by the RTC shall be admissible as evidence in lieu of the 
representative sample/s. 
This proposed measure was consolidated into House Bill 7184 and has already 
passed 3rd Reading during the 18th Congress. 
In view of the foregoing, the early passage of this bill is earnestly requested. 
MARIO VITTORIO “MARVEY” A. MARIÑO 


Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
NINETEENTH CONGRESS 
First Regular Session 
House Bill No. ______ 
Introduced by Rep. MARIO VITTORIO “MARVEY” A. MARIÑO 
5th District, Batangas 
AN ACT PROVIDING FOR THE IMMEDIATE DESTRUCTION 
OF THE CONFISCATED, SEIZED AND/OR SURRENDERED 
DANGEROUS DRUGS, PLANT SOURCES OF DANGEROUS DRUGS, 
AND CONTROLLED PRECURSORS AND ESSENTIAL CHEMICALS, 
AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 9165, AS 
AMENDED 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Section 21 of Republic Act No. 9165, as amended by Republic Act 
No. 10670 is hereby further amended to read as follows: 
“Section 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 dangerous drugs,
controlled precursors and essential chemicals, instruments/paraphernalia
and/or laboratory equipment shall immediately after seizure and confiscation,
conduct a physical inventory of the seized items 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 of the National Prosecution
Service or the media who shall be required to sign the copies of the inventory
and be given a copy thereof: Provided, 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 seizure: Provided,
further, That noncompliance of these requirements under justifiable grounds,
as long as the seized item/s is/are PROPERLY SEIZED, RECORDED,
PHOTOGRAPHED, AUTHENTICATED, AND ITS INTEGRITY AND
EVIDENTIARY VALUE PRESERVED properly preserved by the
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apprehending officer/team, shall not render void and invalid such seizures and 
custody over said items; 
 
2. Within twenty-four (24) hours upon confiscation/seizure of dangerous drugs, 
plant sources of dangerous drugs, controlled precursors and essential chemicals, 
as well as instruments/paraphernalia and/or laboratory equipment, the same 
shall be submitted to the PDEA Forensic Laboratory for a qualitative and 
quantitative examination.  
 
3. A 
CERTIFICATION 
OF 
THE 
FORENSIC 
LABORATORY 
EXAMINATION RESULTS, WHICH SHALL BE DONE UNDER OATH 
BY THE FORENSIC LABORATORY EXAMINER, INDICATING 
THEREIN THE KIND OF DANGEROUS DRUGS SEIZED, ITS 
CHEMICAL COMPOSITION, VOLUME, WEIGHT, AND OTHER 
RELEVANT INFORMATION, SHALL BE ISSUED WITHIN TWENTY-
FOUR (24) HOURS; PROVIDED, THAT A REPRESENTATIVE SAMPLE, 
DULY EXAMINED, WEIGHED, RECORDED, AND CERTIFIED BY THE 
FORENSIC LABORATORY EXAMINER TO BE THE EXACT SAMPLE 
OF THE DANGEROUS DRUGS SEIZED, SHALL BE RETAINED AND 
SUBMITTED IN EVIDENCE TO THE PDEA  
 
4. WITHIN TWENTY-FOUR (24) HOURS FROM THE ISSUANCE OF THE 
CERTIFICATION OF THE FORENSICE LABORATORY EXAMINATION 
RESULTS, THE PDEA WILL IMMEDIATELY PROCEED WITH THE 
DESTRUCTION OR BURNING OF THE SEIZED DRUGS, EXCEPT THE 
REPRESENTATIVE SAMPLE MENTIONED IN THE PRECEDING 
PARAGRAPH, IN THE PRESENCE OF THE ACCUSED OR THE 
PERSON/S FROM SUCH ITEMS WERE CONFISCATED AND/OR 
SEIZED, OR HIS/HER REPRESENTATIVE OR COUNSEL, THE 
FORENSIC LABORATORY EXAMINER, A REPRESENTATIVE FROM 
THE MEDIA AND THE DOJ, CIVIL SOCIETY GROUPS AND ANY 
ELECTED PUBLIC OFFICIAL: PROVIDED, THAT THE PHOTOGRAPHS 
TAKEN BY THE APPREHENDING TEAM OR OFFICER SHALL BE 
CERTIFIED BY THE PDEA TO BE THE TRUE AND CORRECT SEIZED 
DRUG/S AND PHOTOGRAPHS OF THE EVIDENCE PROPERLY SEIZED 
AND SUBSEQUENTLY DESTROYED; PROVIDED, FURTHER, THAT A 
FINAL CERTIFICATION BY FORENSIC LABORATORY EXAMINER 
SHALL BE ISSUED INDICATING THAT THE DRUG/S SEIZED AND 
SUBSEQUENTY DESTROYED ARE THE SAME DRUG/S SEIZED, 
EXAMINED, WEIGHED, AND RECORDED IN THE PREVIOUS 
PARAGRAPH. THE BOARD SHALL DRAW UP THE GUIDELINES ON 
THE MANNER OF PROPER DISPOSITION AND DESTRUCTION OF 
SUCH ITEM/S; 
 
5. The Board shall then issue a sworn certification as to the fact of destruction or 
burning of the subject item/s which, together with the AUTHENTICATED 
PHOTOGRAPHS OF THE EVIDENCE in the custody of the PDEA AND 
THE FINAL CERTIFICATION OF THE FORENSIC LABORATORY 
EXAMINATION RESULTS, shall be submitted to the court having 
jurisdiction 
over 
the 
case: 
PROVIDED, 
THAT 
AFTER 
THE 


PRESENTATION 
OF 
THE 
REPRESENTATIVE 
SAMPLE/S 
AS 
EVIDENCE IN COURT,  SAID SAMPLE/S SHALL BE DESTROYED OR 
BURNED IN THE MANNER PRESCRIBED IN THE PREVIOUS 
PARAGRAPH: PROVIDED, FINALLY, THAT THE COURT SHALL ISSUE 
A CERTIFICATION OF COMPLIANCE WITH SECTION 21 AND THAT 
THE REPRESENTATIVE SAMPLE/S SUBSEQUENTLY DESTROYED 
OR BURNED IS THE SAME DRUG PROPERLY SEIZED, CONFISCATED, 
AND RETAINED BY THE PDEA; 
 
4. The alleged offender of his/her representative or counsel shall be allowed to 
personally observe all of the above proceedings and his/her presence shall not 
constitute an admission of guilt. In case the said offender or accused or is 
UNABLE TO the actual burning or destruction of the evidence in question, the 
Secretary of Justice shall appoint a member of the public attorney’s office to 
represent the former; 
 
5. Transitory Provision: (a) Within twenty-four (24) hours from the effectivity of 
this Act, dangerous drugs defined herein which are presently in possession of 
law enforcement agencies shall, with leave of court, be burned or destroyed, in 
the presence of representatives of the Court, DOJ, Department of Health (DOH) 
and the accused and/or his/her counsel, and (b) Pending the organization of the 
PDEA, 
the 
custody, 
disposition, 
and 
burning 
or 
destruction 
of 
seized/surrendered dangerous drugs provided under this Section shall be 
implemented by the DOH.” 
 
SECTION 2. Implementing Rules and Regulations. – To effectively implement the 
provisions of Section 21, the Philippine Drug Enforcement Agency (PDEA) shall issue 
the necessary guidelines on the IRR for the purpose in consultation with the Department 
of Justice (DOJ) and relevant sectors to curb increasing drug cases. 
 
SECTION 3. Separability Clause – If any provision or part hereof is held invalid 
or unconstitutional, the remainder of the law or the provision not otherwise affected 
shall remain valid and subsisting. 
 
SECTION 4. Repealing Clause. – All laws, decrees, executive orders, 
memorandum circulars inconsistent with the provisions of this Act are hereby amended, 
repealed or modified accordingly. 
 
SECTION 5. Effectivity. – This act shall take effect fifteen (15) days after its 
publication in the Official Gazette or in two (2) newspapers of general circulation. 
 
Approved,