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Republic of the Philippines 62 EX
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House of Representatioes [S Bight a
Quexon City De rae
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SEVENTEENTH CONGRESS Ne Ros
First Regular Session ory ©

HOUSE BILL NO.4'728,

Introduced by REP. RODEL M. BATOCABE, REP. ALFREDO A. GARBIN, Jr.,
AND REP. CHRISTOPHER 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/paraphernalia
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
nestly sought

oe
DEL M. BATOCABE ALFREDO A! IN Jr. CHRISTORHER S. CO


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

i i}
HOUSE BILL NO. 4728

Introduced by REP. RODEL M. BATOCABE, REP. ALFREDO A. GARBIN, Jr.,
AND REP. CHRISTOPHER 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. Paragraph 1, Section 21 of RA 9165 or the “Comprehensive Dangerous
Drugs Act of 2002” as amended by RA 10640 is hereby further 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 AUTHENTICATED
PHOTOGRAPHS OF 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:

(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 served|-or-at-the

+-pelice-stati t-the_nearest-office—of-th herd’

ficet/team,-whieh practicable, warrant es}:
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
evidentiaryy—velue—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;

PP is

(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 fora 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, Fratwhen-the-velume-of dangerous -drugs,
plant_sources—of-d drugeand_controlled—p! d



.d-stating_thereinth tities-of i

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

the-DOd,-civil-society-groups-and-any-elected public officialThe Board
shall-ctaw-up-the-guidel ae -eRRHe HSE plepeLUlseseKion-aad
destruction-of-such-item/s—whioh—shall_be—borne—by-the-offender:
Provided That these tem/e-of awhul-commerce,-ae-determined-by-the

(4){S) 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-alHnste the repr tat pie/s-shall-be-keptie-2

(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

hisfher counsel within-seventy-two-{72)} heurs-befere 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;

" Sf
ey tative-sample/s-was-pi ted

stor shalLinform the Board-of-the-final termination-of the m

(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. Effectivity. 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,