Faithful and Efficient Compliance with the Requirements of R.A. No. 9165, Particularly Section 21, Paragraph 4 Thereof
OCA Circular No. 6-06 reminds Regional Trial Court Judges of their responsibilities under Republic Act No. 9165, the Comprehensive Dangerous Drugs Act of 2002, particularly concerning the disposal of seized drugs. Section 21, Paragraph 4 mandates that after a criminal case is filed, the court must conduct an ocular inspection of confiscated drugs within 72 hours and ensure their destruction within 24 hours thereafter, in the presence of relevant parties. This procedure aims to prevent the "recycling" of dangerous drugs and enhance community safety. The circular emphasizes strict compliance with these legal requirements to maintain integrity in drug-related cases.
Quick Answers
- What is Faithful and Efficient Compliance with the Requirements of R.A. No. 9165, Particularly Section 21, Paragraph 4 Thereof about?
- OCA Circular No. 6-06 reminds Regional Trial Court Judges of their responsibilities under Republic Act No. 9165, the Comprehensive Dangerous Drugs Act of 2002, particularly concerning the disposal of seized drugs. Section 21, Paragraph 4 mandates that after a criminal case is filed, the court must conduct an ocular inspection of confiscated drugs within 72 hours and ensure their destruction within 24 hours thereafter, in the presence of relevant parties. This procedure aims to prevent the "recycling" of dangerous drugs and enhance community safety. The circular emphasizes strict compliance with these legal requirements to maintain integrity in drug-related cases.
- What type of law is OCA Circular No. 6-06?
- Faithful and Efficient Compliance with the Requirements of R.A. No. 9165, Particularly Section 21, Paragraph 4 Thereof (OCA Circular No. 6-06) is a Philippine Supreme Court Issuances enacted by the Congress of the Philippines.
- When was Faithful and Efficient Compliance with the Requirements of R.A. No. 9165, Particularly Section 21, Paragraph 4 Thereof enacted?
- Faithful and Efficient Compliance with the Requirements of R.A. No. 9165, Particularly Section 21, Paragraph 4 Thereof (OCA Circular No. 6-06) was enacted on Jan 16, 2006.
- What is the citation for Faithful and Efficient Compliance with the Requirements of R.A. No. 9165, Particularly Section 21, Paragraph 4 Thereof?
- Faithful and Efficient Compliance with the Requirements of R.A. No. 9165, Particularly Section 21, Paragraph 4 Thereof, OCA Circular No. 6-06, Jan 16, 2006 (Philippines)
Law Information
- Reference Number
- OCA Circular No. 6-06
- 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 16, 2006
OCA CIRCULAR NO. 6-06
| TO | : | All Regional Trial Court Judges |
| SUBJECT | : | Faithful and Efficient Compliance with the Requirements of R.A. No. 9165 Otherwise Known as the "Comprehensive Dangerous Drugs Act of 2002", Particularly Section 21, Paragraph 4 Thereof |
In order to forestall the suspicion on the "recycling" of dangerous drugs and to ensure the safety of the community where said dangerous drugs and substances are located, you are hereby REMINDED of the pertinent provisions under paragraph 4, Section 21 of Republic Act No. 9165 otherwise known as the "Comprehensive Dangerous Drugs Act of 2002" which mandates the immediate destruction and/or disposition of seized dangerous drugs and substances. Section 21, paragraph 4, thereof provides:
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"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:
xxx xxx xxx
(4) After the filing of the criminal case, the Court shall, within seventy-two (72) hours, conduct an ocular inspection of the confiscated, seized and/or surrendered dangerous drugs, plant sources of dangerous drugs, and controlled precursors and essential chemicals, including the instruments/paraphernalia and/or laboratory equipment, and through the PDEA shall within twenty-four (24) hours thereafter proceed with the destruction or burning of 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, a representative from the media and the DOJ, civil society groups and any elected public official. The Board shall draw up the guidelines on the manner of proper disposition and destruction of such item/s which shall be borne by the offender: Provided, That those item/s of lawful commerce, as determined by the Board, shall be donated, used or recycled for legitimate purposes: Provided, further, That a representative sample duly weighed and recorded is retained. " (emphasis supplied) EaIcAS
For your guidance and strict compliance.
(SGD.) PRESBITERO J. VELASCO, JR.Court Administrator
Cite This Law
Faithful and Efficient Compliance with the Requirements of R.A. No. 9165, Particularly Section 21, Paragraph 4 Thereof, OCA Circular No. 6-06, Jan 16, 2006 (Philippines)
Faithful and Efficient Compliance with the Requirements of R.A. No. 9165, Particularly Section 21, Paragraph 4 Thereof, OCA Circular No. 6-06 (Phil. 2006)
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