Republic of the Philippines
HOUSE OF THE REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

1548

HOUSE BILL No.

Introduced by REPRESENTATIVES ALFREDO A. GARBIN, Jr. and
ELIZALDY S. CO

AN ACT PROVIDING FOR THE DISPOSITION OF CONFISCATED, SEIZED,
AND/OR SURRENDERED DANGEROUS DRUGS, PLANT SOURCES OF
DANGEROUS DRUGS, CONTROLLED PRECURSORS AND ESSENTIAL

CHEMICALS, INSTRUMENTS/PARAPHERNALIA AMENDING FOR THE
PURPOSE RA 9165 AS AMENDED BY RA 10640

EXPLANATORY NOTE

Based on the Duterte administration's findings, the Philippines’ drug problem
persists because of years of neglect, despite the presence of law against illegal
drugs. Convicted drug lords are able to continue their illegal operation inside the
New Bilibid prison, as was shown in the recent raids that led to the discovery of
high profile inmates who live like royalty.

Another big factor in the allegedly unrestrained illegal drug trade are several
erring police officers dubbed “ninja cops” who are not unlike drug pushers in
uniform, recycling and reselling confiscated illegal drugs seized or confiscated from
police operations.

Under Section RA 9165, as amended by RA 10640, the Philippine Drug
Enforcement Agency (PDEA) shall have the custody of all dangerous drugs,
paraphernalia and equipment which have been confiscated

Unfortunately, the law is open to abuse because seized illegal drugs still find
their way out of the facilities of the PDEA and out into the illegal drug trade,
compromising the original case filed against drug pushers or peddlers. Seized
illegal drugs should be immediately disposed or destroyed so that they do not pose
as temptation to well-meaning police officers.

If enacted into law, this bill will allow the admissibility of authenticated and
dated photographs of seized dangerous drugs, plant sources of dangerous drugs,
controlled precursors and essential chemicals, as well as
instruments/paraphemalia and/or laboratory equipment, without the need to
present the actual objects. Only minimum samples of illegal drugs, chemicals,
plant sources and controlled precursors which are needed for forensic laboratory
examination will be taken and preserved.

With this procedure, the incidence of seized illegal drugs being recycled and
re-sold will be lessened, if not eradicated.


In view of the foregoing consideration, the swift passage of this bill is
eamestly sought.

Eu S.cO


Republic of the Philippines
HOUSE OF THE REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL No. 1548

Introduced by REPRESENTATIVES ALFREDO A. GARBIN, Jr. and

ELIZALDY S. CO

AN ACT PROVIDING FOR THE DISPOSITION OF CONFISCATED, SEIZED,
AND/OR SURRENDERED DANGEROUS DRUGS, PLANT SOURCES OF
DANGEROUS DRUGS, CONTROLLED PRECURSORS AND ESSENTIAL

CHEMICALS, INSTRUMENTS/PARAPHERNALIA AMENDING FOR THE

PURPOSE RA 9165 AS AMENDED BY RA 10640

Be it enacted by the Senate and the House of Representatives of the
Philippines in Congress assembled:

Section 1
Drugs Act
as follows:

Paragraph 1, Section 21 of RA 9165 or the “Comprehensive Dangerous
of 2002” as amended by RA 10640 is hereby further amended to read

“Section 21. Custody and Disposition of Confiscated, Seized,
and/or Surrendered Dangerous Drugs, Plant Sources of Dangerous
Drugs, Controlled Precursors and Essential Chemicals,
Instruments/Paraphemalia and/or Laboratory Equipment. - The PDEA
shall take charge and have custody of all AUTHENTICATED
PHOTOGRAPHS OF dangerous drugs, plant sources of dangerous
drugs, controlled precursors and essential chemicals, as well as
instruments/paraphemalia 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 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 ANY MEANS OR MODE TO DETERMINE 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 a
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 servedi;-or
at_the—nearest_police—station—or—at—the—nearest—office—of—the

warrantiess—seizures}: PROVIDED, FURTHER, THAT A
REPRESENTATIVE SAMPLE, DULY WEIGHED AND RECORDED,

SHALL BE RETAINED AND SUBMITTED TO PDEA FORENSIC
LABORATORY FOR EXAMINATION; 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 PHOTOGRAPPED, RECORDED AND
AUTHENTICATED properly—preserved by the 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; WHO WILL IMMEDIATELY PROCEED
WITH THE DESTRUCTION OR BURNING OF THE SAME;
PROVIDED, THAT THE PHOTOGRAPHS TAKEN BY THE
APPREHENDING TEAM OR OFFICER SHALL BE CERTIFIED BY
THE PDEA TO BE TRUE AND CORRECT PHOTOGRAPHS OF THE
EVIDENCE APPREHENDED AND SUBSEQUENTLY DESTROYED;

(3) A certification of the forensic laboratory examination results, which
shall be done by the forensic laboratory examiner, shall be issued
immediately upon the receipt of the subject REPRESENTATIVE
SAMPLE item/s: Provided, Thatwhen-the-volume-of dangerous-drugs,



a final certification shall be issued immediately upon completion of the
said examination and certification;

(4)(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
EVIDENCErepresentative-sample/s in the custody of the PDEA AND
THE FINAL CERTIFICATION OF THE FORENSIC LABORATORY

EXAMINATION, shall be submitted to the court having jurisdiction over
the case. In-alLinstanees, tative-s s-shall_be-keptto

(5)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. In case the
said offender or accused refuses or IS UNABLE TO OBSERVEfails-to



his/her-counsel-within-seventy-two-{72)}-hours-before 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;

(6)(8) 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 (IRR). 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 (DO J) 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, ordinances, rules, and
regulations, executive or administrative orders, and such other presidential
issuances which are inconsistent with any of the provisions of this Act are hereby
repealed, amended or otherwise modified accordingly.


Section 5. Separability Clause. If any portion or provision of this Act is declared
unconstitutional, the same shall not affect the validity and effectivity of the other
provisions not affected thereby.

Section 6. Effecti This Act shall take effect fifteen (15) days after its
Publication in the Official Gazette or in at least two (2) newspapers of general
circulation, whichever comes earlier.

Approved,