PRESSES
aN

‘ RECEIVED 4\
DAT 2023
Republic of the Philippines 3 !
HOUSE OF REPRESENTATIVES }
Quezon City

NINETEENTH CONGRESS
First Regular Session

House Bill No, _ 7094

Introduced by: REP. RONALD V. SINGSON

EXPLANATORY NOTE

Within the last decade, the country’s issue on dangerous drugs has grown
exponentially ~ from being a local police problem, it has now become a serious national
threat to the personal health and safety of millions of Filipinos. And if our current drug
problem continues, the next generation of Filipinos risks being condemned to a life of
addiction

One of the factors associated with the country’s persistent drug issue is the
unrestrained illegal drug trade further perpetuated by the misfits and scalawags among the
ranks of our law enforcement agencies, who recycle and resell illegal drugs seized or
confiscated from police operations.

Under Republic Act No. 9165, the Philippine Drug Enforcement Agency (PDEA)
shall have the custody of all confiscated dangerous drugs, paraphernalia and equipment.
Unfortunately, neglect 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. Moreover, the alleged recycling of seized narcotics remains rampant despite the
government's effort to curb drug issues in the country.

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 recycling and reselling of dangerous drugs by
erring police officers.

If enacted into law, this bill will allow the admissibility of duly authenticated and
dated photographs and seized photographs of seized dangerous drugs, plant sources of


dangerous drugs, and controlled precursors and essential chemicals, without the need to
further present the actual samples as evidence

It is hoped that this measure will lessen, if not eradicate, the incidence of seized illegal drugs
being recycled and re-sold.

In view of the foregoing, the early passage of this is earnestly sought.

RONALD V. GS


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

NINETEENTH CONGRESS
First Regular Session

* House Bill'No. 7094

Introduced by: REP. RONALD V. SINGSON

AN ACT PROVIDING FOR THE IMMEDIATE DESTRUCTION OF 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 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 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. ~ xxx

"(1) The apprehending team having initial custody and control of the 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 TOGETHER WITH A NEWSPAPER OR ANY PUBLICATION DATED
ON THAT DAY, OR BY ANY MEANS OR MODE TO INDICATE THE DATE OF THE
PHOTOGRAPH 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 [and] OR
a DULY DESIGNATED 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 officeriteam, whichever is practicable,
in case of warrantless seizures: Provided, finally, That noncompliance of these requirements under
justifiable grounds, as long as the [integrity and the evidentiary value of the] seized items are properly
PHOTOGRAPHED, RECORDED, AUTHENTICATED, PHOTOGRAPHED, AND ITS
INTEGRITY AND EVIDENTIARY VALUE PRESERVED {properly—preserved}—by the
apprehending officer/team, shall not render void and invalid such seizures and custody over said items.



"THE APPREHENDING TEAM MENTIONED IN THE PRECEDING PARAGRAPH SHALL
BE REQUIRED TO PROPERLY DOCUMENT THE ANTI-ILLEGAL DRUGS
OPERATIONS, FROM THE BEGINNING UNTIL THE END, THROUGH THE USE OF A
VALID AND LEGITIMATE TECHNOLOGY, INCLUDING WEARING BODY-WORN
CAMERAS.

"WHERE A SEIZURE OF AN ILLICIT LABORATORY IS MADE, THE PDEA SHALL,
WITHIN FORTY-EIGHT (48) HOURS, DO THE PROPER DISPOSAL OF CHEMICALS
WHICH ARE NOT LISTED AS CONTROLLED PRECURSORS AND ESSENTIAL
CHEMICALS, REMAINING UNIDENTIFIED LIQUID OR SOLID CHEMICALS IN
UNLABELED CONTAINERS AND/OR IN OPENED CONTAINERS THAT MAY NOT BE
RESEALED, AND WASTES, WHICH ARE NOT NEEDED AS EVIDENCE IN THE
INVESTIGATION OR PROSECUTION OF THE CASE: PROVIDED, THAT SUCH ITEMS
OF CHEMICALS AND WASTES SHALL BE SEPARATELY PHOTOGRAPHED,
EXAMINED, RECORDED, AUTHENTICATED, AND INVENTORIED.

"Q)Xxx

" (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 FORENSIC LABORATORY EXAMINATION RESULTS, THE
PDEA SHALL 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 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 SUBSEQUENTLY
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 ITEMS;


(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 frepresentative-sample} 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. fin-all-instanees,
the representative samples shall-be kept ic «-minimim quantity evdetermmined by the Boards|

"(6) “The alleged offender or 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. Incase the said offender or accused refuses or [fail te-appoint-e-representative after due
* etoth -or-histh befereHIS,
UNABLE TO OBSERVE the actual burning or ecaictin of the evidence in question, the
Secretary of Justice shall appoint a member of the public attorney’s office to represent the former;

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- representative
mple/s-was-presented shall-inform-the Beard-of th
Fina i Hs sifor aneoverthe said
“ > 1d-destruction-withi fe
(24) hours trom receiptotthe samenandy
“XX NT

SEC. 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.

SEC. 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.

SEC. 4. Repealing Clause. ~ Al laws, decrees, executive orders, memorandum circulars
inconsistent with the provisions of this Act are hereby amended, repealed or modified
accordingly

SEC. 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,