Custody and Disposition of Seized Dangerous Drugs and Paraphernalia

2000

DANGEROUS DRUGS BOARD REGULATION NO. 2-00

 

Pursuant to the powers vested in the Dangerous Drugs Board under Section 36 (a) and (b) of Republic Act No. 6425, "The Dangerous Drugs Act of 1972", as amended, the following guidelines are hereby prescribed on the custody and disposition of dangerous drugs:

SECTION 1.  Definition of Terms. — As used hereunder, unless the context otherwise requires

a.  "Act" shall refer to Republic Act No. 6425, "The Dangerous Drugs Act of 1972", as amended;

b.  "Dangerous Drugs" or "drugs" refer to prohibited and regulated drugs as defined in Section 2, Article I of the Act and shall include controlled substances and the instruments, apparatuses and articles for the use, administration or manufacture of the drugs;

c.  "Board" refers to the Dangerous Drugs Board created under Section 35, Article VIII of the Act;

d.  "Chairperson" refers to the Secretary of Justice acting as Chairperson of the Board;

e.  "Executive Director" refers to the Executive Director of the Board;

f.  "PNP" refers to the Philippine National Police;

g.  "NBI" refers to the National Bureau of Investigation;

h.  "Chief PNP" refers to the head of the PNP;

i.  "NBI Director" refers to the head of the NBI; and

j.  "BFAD" refers to the Bureau of Food and Drugs.

SECTION 2.  Seizure or Confiscation of Dangerous Drugs. — All dangerous drugs, when unlawfully used or found in the possession of any person not authorized to have control and disposition of the same, or when found secreted or abandoned, shall be seized by any national, provincial or local law enforcement agency.

SECTION 3.  Inventory and Marking of Seized Drugs. — Immediately after the seizure or confiscation of dangerous drugs, the head of the apprehending team shall have the same physically inventoried, weighed and photographed in the presence of the person found to have used or who possessed the same, if there be any, and/or his representative. The latter shall be required to sign the copies of the inventory report covering the drugs and shall be given a copy thereof.

The drugs shall be properly packed, marked and labeled by the apprehending team.

SECTION 4.  Notification of Board. — The apprehending team shall —

a.  notify the Executive Director by the fastest means possible of the drug seizure made and who has present custody of the drugs; and

b.  submit to the Executive Director a copy of the inventory report covering the seized drugs within ten (10) days after the seizure.

SECTION 5.  Turnover of Seized Drugs. — All dangerous drugs that are seized in the National Capital Region shall be turned over to the PNP Crime Laboratory, if the apprehending team is from the PNP, or to the NBI Laboratory, if the apprehending team is from the NBI or other law enforcement agency.

Drugs that are seized outside Metro Manila shall be turned over by the head of the apprehending team to the nearest PNP or NBI laboratory, as the case may be, for examination/testing depending on the affiliation of said team as provided above.

SECTION 6.  Period for Turnover. — Except for meritorious reason, the seized drugs shall be turned over to the PNP Crime Laboratory or to the NBI Laboratory, as the case may be, within twenty four (24) hours from the time of the seizure.

SECTION 7.  How Turnover is Made. — The seized drugs shall be turned over by hand or by the most secure and fastest means to the PNP Crime Laboratory or NBI Laboratory by the head or a designated member of the apprehending team.

SECTION 8.  Turnover of Dangerous Drugs to Proper Authorities. — The PNP Crime Laboratory or NBI Laboratory, as the case may be, shall take only such quantity of the drugs that are turned over as may be necessary for proper analysis/examination.

Where a large number of individual drugs are seized, the analyst shall examine only so much of the drugs as may be necessary to take it within the highest category of offense under the Act.

The remaining drugs shall be immediately turned over by the laboratory to the Board for safekeeping/disposition.

SECTION 9.  Receipt for Drugs that are Turned Over. — The head of the PNP or NBI Laboratory and the Board shall issue a receipt for the dangerous drugs that are turned over to its custody. The receipt shall be in the form prescribed by the Board (DDB Form No. ___) and shall contain the name and signature of the person receiving the item/s; the name of the person delivering the same; and the date of receipt.

SECTION 10.  Examination/Testing of Drugs. — The PNP Crime Laboratory or NBI Laboratory, as the case may be, shall conduct a qualitative analysis of the drugs immediately after it receives the same, to determine the kind of drugs received and the substances contained therein.

After the examination/testing, a copy of the laboratory analysis report (DDB Form No. __) of the drugs that were examined shall be furnished the Executive Director.

SECTION 11.  Analyst's Certificate. — The drugs seized shall be analyzed by a chemist or a person duly certified by the Board as competent to identify and analyze specific drugs. The analyst shall submit a certificate (DDB form No. __) to the Executive Director containing the following information:

a.  name of the analyst;

b.  record number to identify the dangerous drug;

c.  date and time when the analyst received the drug;

d.  the person from whom the analyst received the drug;

e.  physical description of the drug and its wrapping;

f.  the number and weight of the exhibits received e.g. 7 foils; and

g.  the results of the analysis.

If the evidence relies on the finding made on the examination of various chemical substances or elements, the analyst shall determine whether those chemicals or elements are capable of being used to produce a dangerous drug or illegal substance.

SECTION 12.  Monthly Inventory Report. — At the end of each quarter, the PNP Crime Laboratory and the Board shall perform a monthly inventory of the drugs under its custody in a form prescribed by the Board (DDB Form No. __). The officer conducting the inventory shall sign his name under the last entry in the report and indicate that, on the date shown, the balance is correct.

A copy of the monthly report shall be sent to the Executive Director.

The Executive Director or his duly authorized representative may inspect the drugs covered by the report.

SECTION 13.  Error in Monthly Inventory Report. — Any discrepancy traceable to an arithmetical error which may occur in the monthly inventory report shall be noted by the officer conducting the inventory. Any adjustment made to compensate for the error and all pertinent entries shall be initialed and dated by him. If the discrepancy is due to an actual shortage, he shall notify his immediate superior in writing, giving all known details. The superior in turn will notify the Executive Director who shall then conduct an investigation thereof. A detailed written report on the results of the investigation shall be submitted by the Executive Director to the Board, a copy of which shall be furnished the agency that submitted the monthly inventory report.

SECTION 14.  Storage. — The seized drugs shall be kept in a narcotics vault or appropriate container approved by the Board. The container should at least be a 4/5-drawer steel file cabinet equipped with a steel locking bar arrangement with combination padlock. The vault or container shall be located in a secure area.

SECTION 15.  Loss or Destruction of Stored Drugs. — If any dangerous drug in storage is lost or rendered unusable through breakage of the container or other accident, the custodian thereof shall immediately submit a report to the Executive Director on the cause of the loss or destruction and the kinds and quantities of the lost or destroyed drugs. (DDB Form No. __) A copy of this report shall be retained and filed with the other storage records.

SECTION 16.  Filed Inventory Committee. — There shall be a Filed Inventory Committee which shall have the following duties:

a.  conduct the inventory of seized marijuana plants;

b.  photograph the plants immediately after they are uprooted;

c.  segregate around twenty (20) full-grown plants to be used as evidence;

d.  burn the remaining marijuana plants, when too numerous to transport to the Board, in the presence of the persons from whose possession the plants were seized, if any;

e.  prepare and submit to the Executive Director an Inventory Report and Certificate of Destruction (DDB Form No. __) of the seized marijuana plants not later than thirty (30) days after the seizure and/or destruction thereof.

SECTION 17.  Composition of Field Inventory Committee. — The Field Inventory Committee shall be headed by the leader of the apprehending team. The members of the Committee shall be the Chairperson and head teacher of the Barangay where the marijuana plants were uprooted/seized or their duly authorized representatives. However, if the Barangay Chairperson or head teacher is involved in the cultivation of the plants, he or she shall be replaced by a ranking member of the Barangay Council.

SECTION 18.  Disposition of Dangerous Drugs No Longer Needed as Evidence in Court. — After the promulgation of judgment in the criminal case wherein the seized drugs were presented as evidence, the trial prosecutor shall request the Court for leave to turn over said drugs to the Board for proper disposition.

SECTION 19.  Action of Investigating Prosecutor after the Termination of the Case. — The investigating prosecutor shall inform the Executive Director of the final termination of the investigation of the case wherein the seized drugs were presented and shall as soon as possible cause the immediately turnover of said drugs to the Board.

SECTION 20.  Disposal Committee; Composition and Duties. — There shall be a committee under the supervision of the Executive Director that shall —

a.  examine, classify the list of the dangerous drugs which are in the custody of the Board; and

b.  determine which of them shall be sold, donated or destroyed.

 

The Committee shall be composed of a representative of the Board, as chairperson, and as members, a chemist, each from the NBI and the PNP, and a pharmacist from the BFAD, all of whom shall be designated by the heads of their respective agencies.

SECTION 21.  Meeting of Disposal Committee. — The Disposal Committee shall meet as often as necessary at the call of its chairperson. The Committee shall submit a monthly report on the quantity of each drugs in government custody to the Executive Director. A copy thereof shall be furnished to the Chairperson, the Director of BFAD, the Chief PNP and the NBI Director.

SECTION 22.  Publication of List of Drugs for Donation. — Upon receipt of the report of the Disposal Committee, the Executive Director shall cause the publication, in a newspaper of general circulation, the list of dangerous drugs, which in its opinion are fit for human use/consumption. Any government institution or private charitable organization duly authorized to deal in dangerous drugs, which needs the same for medical or research purposes, may apply to the Chairperson for any of the listed drugs. The government institutions or private charitable organization whose requisition is approved by the Chairperson may received said drugs by way of a donation.

SECTION 23.  Public Sale of Dangerous Drugs. — All useful dangerous drugs in the custody of the Board which are not disposed of, by way of donation may be sold after public bidding to a private entity duly authorized to deal in dangerous drugs in such quantity to be determined by the Board to meet the buyer's requirement for one (1) year.

SECTION 24.  Meaning of an Entity Duly Authorized to Deal in Dangerous Drug. — As used in the preceding two sections, a government institution, private charitable organization or a private entity duly authorized to deal in dangerous drug is one which is legally authorized or has a license or permit issued by the Board to deal in dangerous drugs and complies with the regulations governing transactions in dangerous drugs.

SECTION 25.  Monthly Report of Donees and Buyers of Seized Drugs. — All donees, whether private or governmental, and all buyers residing in the Philippines, which receive the dangerous drugs in accordance with the provisions of the two preceding sections, shall be required to submit a monthly report to the Board, stating therein the amount of drugs consumed; the purpose for which they were used; the names of the patients, if any, to whom the drugs were administered; and the names of the physicians in the employ of the entity who dispensed the drugs; or the name of its personnel who utilized the drug for research purposes. (DDB Form No.   __)

SECTION 26.  Transfer of Drugs for Use in a Government Project. — Upon written request and if public interest will be served thereby, the Board may transfer drugs in its custody that are no longer needed as evidence in any criminal proceedings or investigation to any government agency or office for use in a research, training or similar project.

SECTION 27.  Contents of Request for the Transfer of Drugs. — The written request mentioned in the preceding Section shall specify —

a.  the purpose, design and extent of the research or other activity;

b.  the names of all the individuals who will participate in the activity;

c.  the specific method for using the drugs to be transferred;

d.  the official who shall received the drugs from the Board and who shall be responsible for its storage, inventory and/or issuance to those who will participate in the activity.

SECTION 28.  Duties of Agency or Office Receiving Drugs for Research etc. — The Government agency or office receiving drugs from the Board for use in research or similar activities shall have the following responsibilities:

a.  ensure the proper storage and control of the drugs;

b.  establish adequate security to prevent the diversion of the drugs or unauthorized access thereto;

c.  immediately report to the Board the loss or accidental destruction of the drugs;

d.  submit an inventory report to the Board by 31 December of each year on the amount of drugs used or disposed in the research or other activity; the name and location of the person to whom it was issued, the date it was issued; and

e.  submit a final report to the Board if all of the drugs have been consumed or used, or if the project or activity where they are to be used has been closed or terminated.

SECTION 29.  Return of Unused Drugs. — Drugs still in supply after the project or activity for which they intended has been closed or terminated shall be returned under receipt to the Board.

SECTION 30.  International Transfer of Samples of Seized Dangerous Drugs; Form of Request. — The Board may, upon the written request of a local law enforcement agency, authorize the transfer of samples of seized drugs to a government agency in a foreign country.

The request shall be in writing and shall contain the following information:

a.  the name and address of the consignee; and

b.  the description of the dangerous drugs being transferred, its weight/quantity.

SECTION 31.  Authorization Form. — The authorization for the international transfer of samples of seized drugs shall be issued by the Board using a prescribed form. (DDB Form No. __) Copies of the Board's authorization form shall be distributed as follows:

a.  In-country

i.  the original copy of the authorization form shall accompany the sample;

ii.  a file copy of the authorization form shall be given to the sending agency, the Board and the Custodian;

b.  Receiving country

i.  a file copy of the authorization form shall be given to the designated foreign national authority;

ii.  a file copy for the foreign consignee.

SECTION 32.  Procedure for Transfer of Sample Dangerous Drugs. — Upon receipt of the transfer authorization form from the Board, the local law enforcement agency may dispatch the sample of the dangerous drugs to the foreign consignee together with the original copy of the Boards authorization form, which copy shall remain with the sample until it reaches the foreign consignee. The sending agency shall advice the consignee of the expected date of arrival of the sample.

After receipt of the sample, the consignee shall complete the receipt portion of the original copy of the authorization form and send said portion to the Board. The Board shall then complete and transmit said form to the designated foreign national authority.

SECTION 33.  Destruction of Dangerous Drugs. — Dangerous drugs which are not disposed of within a period of two (2) years from the date they are declared by the Board as fit for human consumption or use shall be destroyed as provided hereunder.

SECTION 34.  Disposition Reports on Dangerous Drugs. — The Board shall submit a certified report to the President of all dangerous drugs, instruments and apparatus destroyed or otherwise disposed of. It shall furnish the Secretary of Justice, the Secretary of Health, the Secretary of National Defense, the Secretary of Finance and the Chairman of the Commission on Audit with copies of said report.

SECTION 35.  Place and Manner of Destruction. — Dangerous drugs shall be destroyed by burning in the boiler furnace of the San Lazaro Crematorium or in the City of Manila Crematory, whichever may be convenient or practical. The destruction shall be witnessed by at least two (2) members of the Board or their duly authorized representatives.

SECTION 36.  Officer In Charge of Destruction of Dangerous Drugs; Duties. — The Board may designate one of its officials to conduct and manage the destruction of dangerous drugs. The official so designated shall have the following duties:

a.  keep a record of the persons witnessing the destruction;

b.  ensure that the dangerous drugs to be destroyed are properly weighed and examined by the chemists of the Board, the PNP and the NBI, in the presence of witnesses;

c.  maintain order during the destruction; and

d.  submit a written report of the destruction to the Board.

The Board may designate a Security Officer during the destruction of the dangerous drugs.

SECTION 37.  Repealing Clause. — All Board Regulations inconsistent herewith shall be deemed modified or amended accordingly.

SECTION 38.  Effectivity Clause. — This Regulations shall take effect fifteen (15) days upon its approval by the Board and publication in a newspaper of general circulation.

DONE in the City of Manila, this ___ day of _____, 2000.

(SGD.) ARTEMIO G. TUQUEROSecretary of Justice and Chairman, Dangerous Drugs Board

(SGD.) ALBERTO G. ROMUALDEZ, JR.Secretary of Health

(SGD.) DULCE Q. SAGUISAGSecretary of Social Welfare and Development

(SGD.) ORLANDO S. MERCADOSecretary of National Defense

(SGD.) ANDREW B. GONZALEZ, FSCSecretary of Education, Culture and Sports

ATTESTED:

(SGD.) REY M. SAN PEDRO, M.D.Executive Director