EIGHTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES

__ Introduced by Representative Rufus B. Rodrigue
House Bill No. 4104

EXPLANATORY NOTE

REPUBLIC ACT NO. 10640 entitled AN ACT TO FURTHER STRENGTHEN THE
ANTLDRUG CAMPAIGN OF THE GOVERNMENT, AMENDING FOR THE PURPOSE
SECTION 21 OF REPUBLIC ACT NO. 9165, OTHERWISE KNOWN AS THE
“COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002" was enacted into law last July
2014. With this, the Dangerous Drugs Act was further amended. One of these amendments
was in connection with Section 21 of the Dangerous Drugs Act in connection with the
inventory and documentation of the operation wherein members of the media who
accompany raids are being required to sign the inventory of confiscated items and at times
being called on to testify as witnesses during the hearings for these drug cases

This requirement put media personnel at greater risks because they are made to
become parties to the case as witnesses The National Union of Journalists of the Philippines
(NUJP) has already issued a resolution asking the government not to require the media as a
witness on its anti-drug operations.

The NUJP further stressed that “the presence of media members in raids and
apprehensions against illegal drugs should be limited to coverage for journalism purposes"
and that "Even if a witness from media in the inventory and documentation of confiscated
drugs and paraphernalia in raids and apprehensions is not mandatory, they are still tapped
as a witness in anti-drug operations”

In view of the foregoing, immediate approval of this measure is earnestly requested

Uda

RUFYS'B. RODRIG!



EIGHTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

ative Rufus B. Rodriguez

__Introduced by Represent
House Bill No. 4104

AN ACT
FURTHER AMENDING SECTION 21 OF REPUBLIC ACT NO. 9165, AS AMENDED BY
REPUBLIC ACT 10640 OTHERWISE KNOWN AS THE “COMPREHENSIVE
DANGEROUS DRUGS ACT OF 2002”, AND FOR OTHER PURPOSES

Be it enacted by the Senate and 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", as amended by Republic Act 10640, is hereby further
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,
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:

"(1) The apprehending team having initial custody and contro! 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 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 nearest police station or at the nearest office of the
apprehending officer/team, whichever is practicable, in case of
warrantless seizures: 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
preserved by the apprehending officer/team, shall not render void
and invalid such seizures and custody over said items.

MEMBERS OF THE MEDIA SHALL BE INVITED TO
JOINCOVER ANTI-DRUG OPERATIONS OF THE
GOVERNMENT FOR JOURNALISM PURPOSES ONLY. THEY


SHALL NOT BE REQUIRED, , COERCED OR INTIMIDATED
TO SIGN THE INVENTORY OF SEIZED ITEMS, NOR SHALL
THEY BE CALLED AS WITNESSES IN ANY COURT
PROCEEDING IN RELATION TO THE ANTI-DRUG
OPERATIONS THEY COVERED. MERE MENTION OF THE
REPORTER'S NAME DURING THE HEARING SHOULD NOT
BE A GROUND FOR THE COURT TO SUBPOENA SAID
REPORTER.

DETAILS AND FACTS ABOUT THE OPERATION SHOULD
NOT BE USED AS CONDITION FOR THE REPORTER TO SIGN
THE INVENTORY.

xXx

SEC. 2. Implementing Rules and Regulations (IRR). - To implement effectively 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.

SEC. 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.

SEC. 4. 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.

SEC. 5. Effectivity. — This Act shall take effect fifteen (15) days after its complete publication
in at least two (2) newspapers of general circulation.

Approved,