Amending Board Regulation No. 1, s. 2002

January 16, 2013

DDB BOARD REGULATION NO. 01-13

 

WHEREAS, pursuant to Section 2, RA 9165 (Declaration of Policy), it is the policy of the state to safeguard the integrity of its territory and well-being of its citizenry from the harmful effects of dangerous drugs as well as to pursue an intensive and unrelenting campaign against the trafficking and use of dangerous drugs; SCHIac

WHEREAS, the dangerous drugs trade in the country is carried out by transnational and local drug groups which are responsible for the financing, manufacturing and trafficking of dangerous drugs, controlled precursors and essential chemicals (CPECs);

WHEREAS, the implementing arm of the Board, Philippine Drug Enforcement Agency (PDEA), and other drug enforcement units shall need the assistance of any and all tools that may help in addressing the drug problem and implementing the national anti-drug campaign;

WHEREAS, it is well-known and scientific fact that K9 dogs, when properly trained, may be of great help in detecting the presence of narcotics;

WHEREAS, pursuant to Section 21, RA 9165 (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), PDEA shall take charge and custody of said items for eventual disposition when no longer needed as evidence in Court;

WHEREAS, said Section also provides that "those item/s of lawful commerce as determined by the Board, shall be donated, used or recycled for legitimate purposes;

WHEREAS, the only way to train K9 detector dogs for narcotics shall be to utilize actual dangerous drugs and CPECs during their training;

WHEREAS, while Dangerous Drugs Board Regulation No. 1, Series of 2002, which provide for the Guidelines on the Custody and Disposition of Seized Dangerous Drugs, Controlled Precursors and Essential Chemicals, and Laboratory Equipment provides that seized drugs or controlled chemicals no longer needed as evidence to be presented in court may be used for medical or scientific purposes, or in small amounts for the training of personnel responsible for carrying out the functions under RA 9165, it does not include provisions for use of dangerous drugs and controlled chemicals for K9 training of detector dogs; CDaTAI

WHEREAS, during the Caucus of the Board held on 12 December 2012, the matter was presented and was eventually unanimously approve in principle by those in attendance, subject to confirmation by the Board at its next regular meeting;

WHEREAS, in order to facilitate its confirmation, the said matter, along with the other concerns approved in principle during the Caucus, was subjected to an Ad Referendum, which was thereafter signed by at least nine (9) Members of the Board constituting a quorum on January 16, 2013.

WHEREFORE, be it RESOLVED, as it is hereby RESOLVED, amending Board Regulation No. 1, Series of 2002 which provide for the Guidelines on the Custody and Disposition of Seized Dangerous Drugs, Controlled Precursors and Essential Chemicals, and Laboratory Equipment by adding the following after Section 8, to be designated as Section 8-A:

Section 8-A.Use of seized drug or controlled chemicals for K9 training of detector dogs for narcotics. —

a. Upon request by agencies concerned to the PDEA, seized drugs or controlled chemicals no longer needed as evidence to be presented in Court, may be properly and lawfully used for the training of K9 detector dogs for narcotics; Provided that, the agency requesting shall possess the necessary permits and licenses requirement by PDEA and other concerned agencies such as, but not limited to, the PNP Supervisory Office for Security and Investigation Agencies (PNP SOSIA); and

b. The Director General, PDEA shall establish guidelines, (a copy of which shall be submitted to the Board), as to the maximum quantity of seized drugs or controlled chemicals that may be given for the training of K9 detector dogs for narcotics as well as the proper storage, inventory, and chain of custody forms that needs to be accomplished by PDEA and the requesting agencies; Provided that, upon completion of the training, said requested drugs or controlled chemicals shall be turned over to PDEA for proper disposition.

This Regulation shall take effect fifteen (15) days after its publication in two (2) newspapers of general circulation and after its registration with the Office of the National Administrative Register (ONAR), UP Law Center, Quezon City.

APPROVED and ADOPTED, this 16th day of January, in the year of Our Lord, 2013 in Quezon City. LexLib

 

(SGD.) SECRETARY ANTONIO A. VILLAR, JR.Chairman, Dangerous Drugs Board

Attested by:

 

(SGD.) ASSISTANT SECRETARY AMADOR S. PABUSTANOIC-Secretary of the Board