SIXTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
) 
Firs! Regular Session 
SENATE 
S No.227S 
"14 
JUN -1\ P 1 :44 
IO':CFl\'LP l\\") ~ 
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Prepared by the Committee on Public Order and Dangerous Drugs with 
Senators Sotto, Honasan, Ejercifo, Ejercito Estrada and Poe as authors 
. AN ACT 
TO 
FURTHER 
STRENGTHEN 
THE 
ANTI-DRUG 
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" 
\ Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled: 
1 
SECTION 1. Section 21 of Republic Act No. 9165, otherwise known as the 
2 
"Comprehensive Dangerous Drugs Act of 2002", is hereby amended to read as 
3 
follows: 
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"SECTION 21. Custody and Disposition of Confiscated, Seized, 
5 
and/or Surrendered Dangerolls Drugs, Plant Sources of Dangerolls 
6 
Drugs, 
Controlled 
Precursors 
and 
Essential 
Chemica is, 
7 
instruments/Paraphernalia and/or Laboratory Equipment. -
The 
8 
PDEA shall take charge and have custody of all dangerous drugs, plant 
9 
sources of dangerous drugs, controlled precursors and essential 
10 
chemicals, as well as instruments/paraphernalia and/or laboratory 
11 
equipment so confiscated, seized and/or surrendered, for proper 
12 
disposition in the following manner: 
1 


1 
"(1) The apprehending team having initial custody and control of the 
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DANGEROUS drugs, CONTROLLf:D PRECURSORS AND ESSENTIAL 
3 
CHEMICAl.S, 
INSTRUMENTS/PARAPHERNALIA 
AND/OR 
4 
LABORATORY EQUIPMENT shall, immediately after seizure and 
5 
confiscation, 
[physically 
inventory] 
CONDUCT 
A 
PHYSICAL 
6 
INVENTORY OF THE. SEIZED ITEMS and photograph the same in the 
7 
presence of the accused or the person/s from whom such items were 
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confiscated and/or seized, or his/her representative or counsel, [a 
9 
representative from the media and the Department of Justice (DOJ), and 
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any elected public official] WITH AN ELECTED PUBLIC OFFICIAL AND 
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A REPRESENTATIVE OF THE NATIONAL PROSECUTION SERVICE 
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OR. THE MEDIA who shall be required to sign the copies of the inventory 
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and be given a copy thereof. [;]: PROVIDED, THAT THE PHYSICAL 
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INVENTORY AND PHOTOGRAPH SHALL BE CONDUCTED AT THE 
15 
PLACE WHERE THE SEARCH WARRANT IS SERVED; OR AT THE 
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NEAREST POLICE STATION OR AT THE NEAREST OFFICE OF THE 
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APPREHENDING OFFICER/TEAM, WHICHEVER IS PRACTICABLE, 
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IN CASE OF WARRANTLESS SEIZURES: PROVIDED, FINALLY, 
19 
THAT NONCOMPLIANCE OF THESE REQUIREMENTS 
UNDER 
20 
JUSTIFIABLE GROUNDS, AS LONG AS THE INTEGRITY AND THE 
21 
EVIDENTIARY VALUE OF THE SEIZED ITEMS ARE PROPERLY 
22 
PRESERVED BY THE APPREHENDING OFFICER/TEAM, SHALL NOT 
23 
RENDER VOID AND INVALID SUCH SEIZURES AND CUSTODY 
24 
OVER SAID ITEMS." 
25· 
"x x x 


1 
"(3) A certification of the forensic laboratory examination results, which 
2 
shall be done [under oath] by the forensic laboratory examiner, shall be 
3 
issued [within twenty-four (24) hours] IMMEDIATELY [after] UPON the 
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receipt of the subject item/s: Provided, That when the volume of 
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dangerous drugs, plant sources of dangerous drugs, and controlled 
6 
precursors and essential chemicals does not allow the completion of 
7 
testing within the time frame, a partial laboratory examination report shall 
8 
be provisionally issued stating therein the quantities of dangerous drugs 
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still to be examined by the forensic laboratory: Provided, however, That a 
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final certification shall be issued [on the completed forensic laboratory 
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examination on the same within the next twenty-four (24) hours] 
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IMMEDIATEL Y UPON COMPLETION OF THE SAID EXAMINATION 
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AND CERTIFICATION; 
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"x X x." 
15 
SECTION 
2. 
Implementing 
Rules 
and Regulations.-To 
implement 
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effectively the provisions of Section 21, the Philippine Drug Enforcement Agency 
17 
(PDEA) shall issue the necessary guidelines on the IRR for the purpose in 
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consultation with the Department of Justice (DOJ) and relevant sectors to curb 
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increasing drug cases. 
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SECTION 3. Separability Clause. - If any provision or part hereof is held 
21 
invalid or unconstitutional, the remainder of the' law or the provision not otherwise 
22 
affected shall remain valid and subsisting. 
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SECTION 4. Repealing Clause. . All laws, presidential decrees or issuances, 
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executive orders, letters of instruction, administrative orders; rules and regulations 
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1 
contrary to or inconsistent with the provisions of this Act are hereby repealed, 
2 
modified or amended accordingly. 
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SECTION 5. Effectivity. - This Act shall take effect fifteen (15) days after its 
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complete publication in at least two (2) newspapers of general circulation. 
5 
Approved,