FIFTEENTH CONGRESS OF THE
REPUBLIC OF THE PHILIPPINES
First Regular Session

HOUSE OF REPRESENTATIVES
House BillNo.__4660

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 vita! 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 RA916S 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 fata! 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 earhestly requested

Vicente “Varf’ Belmonte


FIFTEENTH CONGRESS OF THE
REPUBLIC OF THE PHILIPPINES
First Regular Session

HOUSE OF REPRESENTATIVES

House Bill No. 4660

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, tnstruments/Paraphernalia

and/or Laboratory Equipment. - The PDEA shail 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:

“1) The apprehending tearn 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 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 FAILURE ON
THE PART OF THE INVITED REPRESENTATIVES TO
ATTEND THE INVENTORY WOULD MERIT
ADMINISTRATIVE CHARGES; PROVIDED, FURTHER,


THAT THE PHYSICAL INVENTORY AND PHOTOGRAPH
SHALL BE CONDUCTED AT THE PLACE WHERE THE
SEARCH WARRANT IS SERVED; OR AT THE NEAREST
POLICE STATION OR AT THE NEAREST OFFICE OF
THE APPREHENDING OFFICER/TEAM, WHICHEVER IS
PRACTICABLE, IN CASE OF WARRANTLESS
SEIZURES; PROVIDED, FINALLY, THAT NON-
COMPLIANCE OF 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 AND 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.

x x x.

SEC. 2. 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.

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.

its complete publication

SEC. 4. Effectivity. - This Act shall take effect fifteen (15) days after

Approved,

at least two (2) newspapers of general circulation.