SIXTEENTH CONGRESS OF TI-IE ) 
REPUBLIC 01' THE PHILIPPINES) 
1'IRST REGULAR SESSION 
) 
SENATE 
Senate Bill No. __ ~ _ 
~u..ll~jf;"{li' 
,.. ... ~ I;; <- "d . 
ItH,;t iJf till' ~rrrtt.r~ 
JUL 
INTRODUCED BY SENATOR VICENTE C. SaTTa III 
EXPLANATORY NOTE 
The enactment of Republic Act No. 9165, otherwise known as "The 
Comprehensive Dangerous Drugs Act of 2002" serves to address the country'~ 
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 dishibu tion 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, contributir:.g to more 
incidents of drug abuse which are strongly connected to the conllnission 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 immediately 
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 sei:6ed illegal drugs. 


Numerous drug trafficking activities can be traced from the operations of, 
highly organized and powerful local and intcrnational 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 Eepublic Act No. 9165 needs to be amended to alidress 
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 immediate 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 requested. 
/' 
Ct", If .hr . 
. ICEN~ .c. SOTTO III 
\ 


SIXTEENTH CONGRESS OF THE) 
REPUBLIC OF THE PHILIPPINES) 
FIRST REGULAR SESSION 
) 
SENATE 
Senate Bill No. __ 2 
"13 
JUL-l 
,i 8 :23 
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 
tv 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 
OJi'FICER/TEAM, 
WHICHEVER 
IS 


• 
• 
• 
PRACTICABLE; PROVIDED, FURTHER, THAT NON~COMPLIANCE 
WITH TI-lESE 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 I,(ENDER 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.