SIXTEENTH CONGRESS OF THE
REPUBLIC OF THE PHILIPPINES.
First Regular Session

HOUSE OF REPRESENTATIVES

House BillNo, 2285.

Introduced by Representative VICENTE “VARF” BELMONTE.

EXPLANATORY NOTE

Section 2 of Republic Act 9165 states that it is the policy of the State to safeguard
the integrity of its territory and the well-being of its citizenry particularly the youth,
from the harmful effects of dangerous drugs on their physical and mental well-
being, and to defend the same against acts or omissions detrimental to their
development and preservation

From 2003 to June 2010, the total seizures of dangerous drugs, controlled
chemicals and laboratory equipment amounted to P 76.62 billion, while seized
dangerous drugs can be quantified in terms of monetary value amounting to
billions of pesos, the potential damage however to the socio-economic, political
and cultural foundations of the country can never be measured

However, from 1999 to December 2010, the conviction rate is only 7.30% or 8,
063 out of 110, 494 drug cases filed. Reasons for acquittal / dismissal include the
following, namely: irregularity / illegality of arrest, search and seizure; reasonable
doubt; insufficiency of evidence; inconsistencies in testimony; filing of wrong
information; non-coordination with PDEA; failure to present vital witnesses; and
failure to observe Section 21 of RA 9165.

The Philippine Drug Enforcement Agency, Philippine National Police and the
National Bureau of Investigation cited Section 21 of RA9165 to be too stringent
and therefore a hindrance in the anti-drug operations, In the case of People v.
Pringas, the Court of Appeals brushed aside the attack on the non-compliance
with Section 21 of R.A. No. 9165 where it was held that non-compliance is not
fatal as long as the integrity and the evidentiary value of the confiscated items
were properly preserved because the same will be utilized in ascertaining the guilt
or innocence of the accused.

In order for the government to pursue an intensive and unrelenting campaign
against the trafficking and use of dangerous drugs and other similar substances it
is imperative that Section 21 be amended.
In view of the foregoing, early passage of this bill is earnestly requested.
Ne
Vicente “Varf” Belmonte



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SIXTEENTH CONGRESS OF THE
REPUBLIC OF THE PHILIPPINES
First Regular Session

HOUSE OF REPRESENTATIVES

House Bill No. 2285

Introduced by Representative VICENTE “VARF” BELMONTE

AN ACT TO FURTHER STRENGTHEN THE ANTI-DRUG CAMPAIGN OF THE
GOVERNMENT AMENDING FOR THE PURPOSE SECTION 21 OF REPUBLIC
ACT 9165 OTHERWISE KNOWN AS THE COMPREHENSIVE DANGEROUS
DRUGS ACT OF 2002

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, 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:

“4) 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 OR A REPRESENTATIVE OF THE
DEPARTMENT OF JUSTICE OR THE MEDIA [a representative
from the media and the Department of Justice, 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
PHYSICAL INVENTORY AND PHOTOGRAPH SHALL BE
CONDUCTED AT THE PLACE WHERE THE SEARCH
WARRANT IS SERVED; OR AT THE NEAREST POLICE


1 STATION OR AT THE NEAREST OFFICE OF THE
2 APPREHENDING OFFICER/TEAM, WHICHEVER Is
3 PRACTICABLE, IN CASE OF WARRANTLESS SEIZURES;
4 PROVIDED, FINALLY, THAT NON-COMPLIANCE OF THESE
5 REQUIREMENTS UNDER JUSTIFIABLE GROUNDS, AS
6 LONG AS THE INTEGRITY AND THE EVIDENTIARY VALUE
7 OF THE SEIZED ITEMS ARE PROPERLY PRESERVED BY
8 THE APPREHENDING OFFICER/TEAM, SHALL NOT
9 RENDER VOID AND INVALID SUCH SEIZURES AND
10 CUSTODY OVER SAID ITEMS.

“3) A certification of the forensic laboratory examination results,
which shall be done [under oath] by the forensic laboratory
examiner, shall be issued [within twenty-four (24) hours]
IMMEDIATELY [after] UPON the receipt of the subject item/s:
Provided, That when the volume of the dangerous drugs, plant
sources of dangerous drugs, and controlled precursors and
essential chemicals does not allow the completion of testing
within the time frame, a partial laboratory examination report
shall be provisionally issued stating therein the quantities of
dangerous drugs still to be examined by the forensic laboratory
Provided, however, That a final certification shall be issued [on
the completed forensic laboratory examination on the same
within the next twenty-four (24) hours.] IMMEDIATELY UPON
COMPLETION OF THE SAID EXAMINATION AND
CERTIFICATION.

yy x"

26 SEC. 2. Separability Clause. — If any provision or part hereof is held
27 _ invalid, or unconstitutional, the remainder of the law or the provision not otherwise
28 affected shall remain valid and subsisting

SEC. 3. Repealing Clause. - All laws, presidential decrees or issuances,
executive orders, letters of instruction, administrative orders, rules and regulations
contrary to or inconsistent with the provisions of this Act are hereby repealed,
modified or amended accordingly

33 SEC. 4. Effectivity. - This Act shall take effect fifteen (15) days after its
34 complete publication in at least two (2) newspapers of general circulation

35 Approved,