FIFTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
) 
FIRST REGULAR SESSION 
) 
SENATE 
Senate Bill No. 
.;1 6 
INTRODUCED BY SENATOR VICENTE C. SOTTO III 
EXPLANATORY NOTE 
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The enactment of Republic Act No. 9165, otherwise known as "The Comprehensive 
Dangerous Drugs Act of 2002" serves to address the country's growing problem on illegal 
drugs. 
Many manufacturers, sellers and users of illicit drugs have been arrested and tried 
under the said law. 
However, the arrest and trial of suspected drug traffickers did not fully stop the 
proliferation of illegal drug distribution in the country because only a few drug traffickers were 
convicted in courts. 
Many manufacturers and peddlers of illegal drugs were freed based on 
technicality for alleged failure of law enforcers to secure the integrity of the seized drugs after a 
search or buy-bust operation. As a result, many drug traffickers were back in the streets to 
continue the operation of their illegal drug trade, contributing to more incidents of drug abuse 
which are strongly connected to the commission of other heinous crimes. 
The alleged failure of law enforcers to secure the integrity of the seized illegal drugs is 
linked closely to a failure to follow the procedure laid down in Section 21 of Republic Act No. 
9165 concerning the inventory, custody and control of seized illegal drugs. It is required under 
Section 21 (a) of the said law that inventory and photograph of illegal drugs should be done 
irnmediately upon their seizure and confiscation at the place where the search or buy-bust 
operation was conducted and in the presence of persons who are required to attend in the 
inventory and photograph of seized illegal drugs. 
Numerous drug trafficking activities can be traced from the operations of highly 
organized and powerful local and international syndicates. The presence of such syndicates 
that have the resources and capability to mount a counter-assault to apprehending law 
enforcers makes the requirement of Section 21 (a) impracticable for law enforcers to comply 
with. It makes the place of seizure extremely unsafe for the proper inventory and photograph of 
seized illegal drugs. 
Section 21(a) of Republic Act No. 9165 needs to be amended to address the foregoing 
situation where the safety of the law enforcers and other persons required to be present in the 
inventory and photograph of seized illegal drugs and the preservation of the very existence of 
seized illegal drugs itself are threatened by an imrnediate retaliatory action of drug syndicates at 
the place of seizure. The place where the seized drugs may be inventoried and photographed 
has to include a location where the seized drugs as well as the persons who are required to be 
present during the inventory and photograph are safe and secured from extreme danger. 
It is proposed that the physical inventory and photograph of seized illegal drugs be 
allowed to be conducted either in the place of seizure or at the nearest police station or office of 
the apprehending law enforcers. The proposal will provide effective measure to further ensure 
the integrity of seized illegal drugs since a safe location makes it more probable for an inventory 
and photograph of seized illegal drugs to be properly conducted, thereby reducing the incidents 
of dismissal of drug cases due to technicalities. 
In view thereof, earnest approval of this bill is request I 
" ~ (ll/uti 
NTEC,SO~ 
Senator 
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FIFTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
) 
FIRST REGULAR SESSION 
) 
SENATE 
46~ 
Senate Bill No. __ _ 
INTRODUCED BY SENATOR VICENTE C. SOTTO III 
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 the House of Representatives of the Philippines in Congress 
assembled: 
SECTION 1. 
Section 21 (a) of Republic Act No. 9165, otherwise known as "The 
Comprehensive Dangerous Drugs Act of 2002," is hereby 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: 
(a) 
The 
apprehending 
officer/team 
having 
initial 
custody and control of the drugs 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, 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 PHYSICAL INVENTORY AND 
PHOTOGRAPH SHALL BE CONDUCTED AT THE PLACE 
WHERE THE ARREST OR SEARCH WAS MADE, OR AT THE 
NEAREST POLICE STATION OR AT THE NEAREST OFFICE 
OF THE APPREHENDING OFFICER/TEAM, WHICHEVER IS 
PRACTICABLE; 
PROVIDED, 
FURTHER, 
THAT 
NON· 
COMPLIANCE 
WITH 
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 OF AND CUSTODY OVER SAID ITEMS;} 
SECTION 2. Repealing Clause. All laws, executive orders, rules and regulations or any 
part thereof inconsistent herewith are deemed repealed, modified or amended accordingly. 
SECTION 3. Separability Clause. In case any provision of this Act is declared 
unconstitutional or invalid, the other provisions hereof which are not affected thereby shall 
continue in full force and effect. 
SECTION 4. Effectivity· This Act shall take effect fifteen (15) days after its publication 
in two (2) national newspapers of general circulation~ 
Approved~ 
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