CONGRESS OF THE PIllLlPPINES

SIXTEENTH CONGRESS
First Regular Session
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HOUSE OF REPRESENTATIVES

H. No. 2285

By REPRESENTATIVE BELMONTE (V.)

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 ofRepresentatives ofthe Philippines in

Congress assembled:

I SECTION I. Section 21 of Republic Act No. 9165, otherwise known as

2 the "Comprehensive Dangerous Drugs Act of 2002", is hereby amended to
3 read as follows:
4 "SEC. 21. Custody and Disposition of Confiscated, Seized,
5 and/or Surrendered Dangerous Drugs, Plant Sources of
6 Dangerous Drugs, Controlled Precursors and Essential
7 Chemicals, Instruments/Paraphernalia and/or Laboratory
8 Equipment. - The PDEA shall take charge and have custody of all
9 dangerous drugs, plant sources of dangerous drugs, controlled
10 precursors and essential chemicals, as well as
II instruments/paraphernalia and/or laboratory equipment so
12 confiscated, seized and/or surrendered, for proper disposition in the
13 following manner:
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1 "( 1) The apprehending team having initial custody and

2 control of the DANGEROUS drugs, CONTROLLED PRECURSORS AND
3 ESSENTIAL CHEMICALS, INSTRUMENTSIPARAPHERNALIA AND/OR
4 LABORATORY EQUIPMENT shall, immediately after seizure and

5 confiscation, [physically inventory] CONDUCT A PIIYSICAL

6 INVENTORY OF THE SEIZED ITEMS and photograph the same in the

7 presence of the accused or the personls from whom such items
8 were confiscated and!or seized, or hislher representative or

9 counsel, [a representative from the media and the Department of

10 Justice (DOJ), and any elected public official] WITH AN ELECTED

11 PUBLIC OFFICIAL AND A REPRESENTATIYE OF THE NATIONAL

12 PROSECUTION SERVICE OR THE MEDIA who shall be required to

13 sign the copies of the inventory and be given a copy thereof(;]:

14 PROVIDED, THAT THE PHYSICAL INVENTORY AND PHOTOGHAPH

15 SHALL BE CONDUCTED AT THE PLACE WHERE TIlE
16 SEARCH WARRANT IS SERVED; OR AT THE NEAREST POLICE
17 STATION OR AT TRE NEAREST OFFICE OF TIlE
18 APPREHENDING OFFICERITEAM, WHICHEVER IS PRACTICABLE,
19 IN CASE OF WARRANTLESS SEIZURES: PROVIDED, FINALLY,

20 THAT NONCOMPLIANCE OF THESE REQUIREMENTS UNDER

21 JUSTIFIABLE GROUNDS, AS LONG AS THE INTEGRITY AND TIlE
22 EVIDENTIARY VALUE OF THE SEIZED ITEMS ARE PROPERLY
23 PRESERVED BY THE APPREHENDING OFFICER/TEAM, SIIALL NOT
24 RENDER VOID AND INVALID SUCH SEIZURES AND CUSTODY OVER
25 SAID ITEMS.
26 "xxx
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"(3) A certification of the forensic laboratory examination

2 results, which shall be done (nnder oath] by the forensic laboratory

3 examiner, shall be issued (within twenty-four (24) hours]

4 IMMEDIATELY (after] UPON the receipt of the subject itemls:

5 Provided, That when the volume of dangerous drugs, plant sources
6 of dangerous drugs, and controlled precursors and essential
7 chemicals does not allow the completion of testing within the time
8 frame, a partial laboratory examination report shall be
9 provisionally issued stating therein the quantities of dangerous
10 drugs still to be examined by the forensic laboratory: Provided,
II however, That a fmal certification shall be issued (on the
12 completed forensic laboratory examination on the same within the
13 next twenty-four (24) hours] IMMEDIATELY UPON COMPLETION

14 OF THE SAID EXAMINATION AND CERTIFICATION;

15 ~'x x x."
16 SEC. 2. Separabilitiy Clause. - If any provision or part hereofis held
17 invalid or nnconstitutional, the remainder of the law or the provision not
18 otherwise affected shall remain valid and subsisting.
19 SEC. 3. Repealing Clause. All laws, presidential decrees or
20 issuances, executive orders, letters of instruction, administrative orders, rules
21 and regulations contrary to or inconsistent with the provisions of this Act are
22 hereby repealed, modified or amended accordingly.
23 SEC. 4. Effectivity. - This Act shall take effect fifteen (15) days after
24 its complete publication in at least two (2) newspapers of general circulation.
Approved,