Board Regulation No. 6, Series of 2021 of the Dangerous Drugs Board (Re: Guidelines on the Implementation of Section 20 of RA 9165, or the Comprehensive Dangerous Drugs Act of 2002, as Amended, Specifically the Last Paragraph Thereof, Covering the Necessary Cost for the Maintenance and Preservation of Seized Item/s Pending Trial of the Case, and the Subsequent Award of the Confiscated Property/Items of Lawful Commerce in Favor of the Operating Unit and for Other Lawful Purposes)
OCA Circular No. 23-2023 provides guidance for second-level courts in the Philippines regarding the implementation of Board Regulation No. 6, Series of 2021, related to the Comprehensive Dangerous Drugs Act of 2002. It outlines procedures for the maintenance and preservation of seized items pending trial and the subsequent award of confiscated property for lawful purposes. Notably, after a conviction, the Regional Trial Court must schedule a hearing for the confiscation and forfeiture of assets found to be disproportionate to the accused's lawful income. This regulation aims to ensure proper handling and disposition of seized properties in drug cases.
Law Information
- Reference Number
- OCA Circular No. 23-2023
- Date Enacted
- Category
- Supreme Court Issuances
- Subcategory
- Office of the Court Administrator Circulars
- Jurisdiction
- Philippines
- Enacting Body
- Congress of the Philippines
Full Law Text
January 23, 2023
OCA CIRCULAR NO. 23-2023
| TO | : | All Second Level Courts Handling Drug Cases |
| SUBJECT | : | Board Regulation No. 6, Series of 2021 of the Dangerous Drugs Board (Re: Guidelines on the Implementation of Section 20 of RA 9165, or the Comprehensive Dangerous Drugs Act of 2002, as Amended, Specifically the Last Paragraph Thereof, Covering the Necessary Cost for the Maintenance and Preservation of Seized Item/s Pending Trial of the Case, and the Subsequent Award of the Confiscated Property/Items of Lawful Commerce in Favor of the Operating Unit and for Other Lawful Purposes) |
For the information, guidance, and strict observance of all concerned second level courts, appended herein as Annex "A" is the Board Regulation No. 6, Series of 2021 of the Dangerous Drugs Board (Re: Guidelines on the Implementation of Section 20 of RA 9165, or the Comprehensive Dangerous Drugs Act of 2002, as Amended, Specifically the Last Paragraph Thereof, Covering the Necessary Cost for the Maintenance and Preservation of Seized Item/s Pending Trial of the Case, and the Subsequent Award of the Confiscated Property/Items of Lawful Commerce in Favor of the Operating Unit and for Other Lawful Purposes).
Particular attention should be given to the following quoted provision of the subject board regulation:
Section 5. After conviction in the Regional Trial Court in the appropriate criminal case filed, the Court shall immediately schedule a hearing for the confiscation and forfeiture of all the proceeds of the offense and all the assets and properties of the accused either owned or held by him or in the name of some other persons if the same shall be found to be manifestly out of proportion to his/her lawful income.
(SGD.) RAUL B. VILLANUEVACourt Administrator
ATTACHMENT
DDB Board Regulation No. 6
Cite This Law
Board Regulation No. 6, Series of 2021 of the Dangerous Drugs Board (Re: Guidelines on the Implementation of Section 20 of RA 9165, or the Comprehensive Dangerous Drugs Act of 2002, as Amended, Specifically the Last Paragraph Thereof, Covering the Necessary Cost for the Maintenance and Preservation of Seized Item/s Pending Trial of the Case, and the Subsequent Award of the Confiscated Property/Items of Lawful Commerce in Favor of the Operating Unit and for Other Lawful Purposes), OCA Circular No. 23-2023, Jan 23, 2023 (Philippines)
Board Regulation No. 6, Series of 2021 of the Dangerous Drugs Board (Re: Guidelines on the Implementation of Section 20 of RA 9165, or the Comprehensive Dangerous Drugs Act of 2002, as Amended, Specifically the Last Paragraph Thereof, Covering the Necessary Cost for the Maintenance and Preservation of Seized Item/s Pending Trial of the Case, and the Subsequent Award of the Confiscated Property/Items of Lawful Commerce in Favor of the Operating Unit and for Other Lawful Purposes), OCA Circular No. 23-2023 (Phil. 2023)
Related Laws
- Faithful and Efficient Compliance with the Requirements of R.A. No. 9165, Particularly Section 21, Paragraph 4 ThereofOCA Circular No. 6-06 • Jan 16, 2006 • Supreme Court Issuances
- Guidelines on the Implementation of Section 20 of RA 9165, as Amended, Specifically the Last Paragraph ThereofDDB Board Regulation No. 6, s. 2021 • Jul 29, 2021 • Other Rules and Procedures
- Guidelines on the Implementing Rules and Regulations (IRR) of Section 21 of Republic Act No. 9165 as Amended by Republic Act No. 10640Guidelines on the IRR of RA 9165 • May 28, 2015 • Implementing Rules and Regulations
- Guidelines on the Disposition of Confiscated, Seized and/or Surrendered Dangerous Drugs, Plant Sources of Dangerous DrugsDDB Board Regulation No. 01-07 • Mar 20, 2007 • Other Rules and Procedures
- Guidelines on the Disposition of Confiscated, Seized and/or Surrendered Dangerous Drugs, Plant Sources of Dangerous DrugsDDB Board Regulation No. 1-2007 • Mar 20, 2007 • Other Rules and Procedures
- Guidelines on the Custody and Disposition of Seized Dangerous Drugs, Controlled Precursors and Essential Chemicals, and Laboratory EquipmentDangerous Drugs Board Regulation No. 1-02 • Oct 18, 2002 • Other Rules and Procedures
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