FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
Third Regular Session 
) 
SENATE 
S. B. No. 
(In substitution of Senate Bill Nos. 46 and 674, Senate Resolution No. 312, 
taking into consideration House Bill No. 4660) 
Introduced by Senators Sotto III, Ejercito Estrada, Villar and Honasan II 
"AN ACT 
AMENDIt:lG 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: 
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SECTION 1. Section 21 of Republic Act No. 9165, otherwise known as the 
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"Comprehensive Dangerous Drugs Act of 2002," is hereby amended to read as 
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follows: 
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"SEC. 21. Custody and Disposition of Confiscated, Seized, and/or 
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Surrendered Dangerous Drugs, Plant Sources of Dangerous 
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Drugs, 
Controlled 
Precursors 
and 
Essential 
Chemicals, 
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Instruments/Paraphernalia and/or Laboratory Equipment. - The 
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PDEA shall take charge and have custody of all dangerous drugs, 
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plant sources of dangerous drugs, controlled precursors and essential 
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chemicals, as well as instruments/paraphernalia and/or laboratory 
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equipment so confiscated, seized and/or surrendered, for proper 
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disposition in the following manner: 
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"1) The apprehending team having initial custody and control of the 
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DANGEROUS 
drugs, 
CONTROLLED 
PRECURSORS 
AND 
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ESSENTIAL CHEMICALS, INSTRUMENTS OR PARAPHERNALIA 
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AND LABORATORY EQUIPMENT shall, immediately after seizure 
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and confiscation, physically inventory and photograph the same in the 
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presence of the accused or the person/s from whom such items were 
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confiscated and/or seized, or his/her representative or counsel, WITH 
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AN ELECTED PUBLIC OFFICIAL WHO HAS JURISDICTION OVER 
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THE 
SCENE 
OF 
THE 
CRIME, 
TOGETHER 
WITH 
A 
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REPRESENTATIVE OF THE DEPARTMENT OF JUSTICE OR THE 
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MEDIA [a representative 
from the media and the Department of 
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Justice (DOJ), and any elected public official] who shall be required to 
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sign the copies of the inventory and be given a copy thereof[.]: 
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PROVIDED, THAT THE FAILURE ON THE PART OF THE INVITED 


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REPRESENTATIVES TO ATTEND THE INVENTORY WITHOUT A 
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VALID CAUSE WOULD MERIT ADMINISTRATIVE SANCTIONS: 
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PROVIDED, FURTHER, THAT THE PHYSICAL INVENTORY AND 
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PHOTOGRAPH SHALL BE CONDUCTED AT THE PLACE WHERE 
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THE SEARCH WARRANT IS SERVED; OR AT THE NEAREST 
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POLICE STATION OR AT THE NEAREST OFFICE OF THE 
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APPREHENDING 
OFFICER/TEAM, 
WHICHEVER 
IS 
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PRACTICABLE, 
IN 
CASE 
OF 
WARRANTLESS 
SEIZURES: 
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PROVIDED, FINALLY, THAT NON-COMPLIANCE OF THESE 
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REQUIREMENTS UNDER JUSTIFIABLE GROUNDS, AS LONG AS 
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THE INTEGRITY AND THE EVIDENTIARY VALUE OF THE SEIZED 
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ITEMS ARE PROPERLY PRESERVED BY THE APPREHENDING 
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OFFICER/TEAM, SHALL NOT RENDER VOID AND INVALID SUCH 
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SEIZURES AND CUSTODY OVER SAID ITEMS; 
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X X X X X X X X" 
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SEC. 2. Separability Clause. - If any provision or part hereof is held invalid or 
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unconstitutional, the remainder of the law or the provisions not otherwise affected 
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shall remain valid and subsisting. 
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SEC. 3. Repealing Clause. - All laws, issuances or parts thereof inconsistent 
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with this Act are hereby repealed or modified accordingly. 
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SEC. 4. Effectivity Clause. - This Act shall take effect after fifteen days from 
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its publication in the Official Gazette or in two (2) newspapers of general circulation. 
Approved, 
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