[REPUBLIC ACT NO. 10640]
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:
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, 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
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 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.
“x x x
“(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 item/s: Provided, That when
the volume of 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 immediately upon completion of the said
examination and certification;
“x x x.”
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.
** This Act which is a consolidation of House Bill 2285 and
Senate Bill No. 2273 was finally passed by the House of Representatives and the
Senate on June 9, 2014.
