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Republic Act
Approved July 15, 2014

Republic Act No. 10640

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"

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"

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In plain language

This act amends Section 21 of Republic Act No. 9165 to strengthen the anti‑drug campaign by clarifying the custody, disposition, inventory, photographic documentation, and forensic laboratory certification of confiscated dangerous drugs, plant sources, controlled precursors, essential chemicals, instruments/paraphernalia, and laboratory equipment. It also establishes implementing rules, a separability clause, a repealing clause, and specifies its effectivity.

  • Amendment to Section 21 of RA 9165 concerning custody and disposition of confiscated dangerous drugs
  • Requirement for physical inventory and photographic documentation of seized items
  • Forensic laboratory certification of seized items
  • Issuance of implementing rules and regulations by PDEA
  • Repealing clause for conflicting laws
Anti-Drug
Legislation
PDEA
Reform
Law

Sixteenth Congress First Regular Session

Begun and held in Metro Manila, on Monday, the twenty-second day of July, two thousand thirteen.

REPUBLIC ACT NO. 10640

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 of Representatives of the Philippines in Congress assembled:

Section 1

Section 21 of Republic Act No. 9165, otherwise known as the "Comprehensive Dangerous Drugs Act of 2002", is hereby amended to read as follows:

"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:

"(1) The apprehending team having initial custody and control of the dangerous drugs, controlled precursors and essential chemicals, instruments/paraphernalia and/or laboratory equipment shall, immediately after seizure and confiscation, conduct a physical inventory of the seized items and photograph 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, with an elected public official and a representative of the National Prosecution Service or the media who shall be required to sign the copies of the inventory and be given a copy thereof: Provided,That the physical inventory and photograph shall be conducted at the place where the search warrant is served; or at the nearest police station or at the nearest office of the apprehending officer/team, whichever is practicable, in case of warrantless seizures: Provided, finally,That noncompliance of these requirements under justifiable grounds, as long as the integrity and the evidentiary value of the seized items are properly preserved by the apprehending officer/team, shall not render void and invalid such seizures and custody over said items.

"x x x

"(3) A certification of the forensic laboratory examination results, which shall be done by the forensic laboratory examiner, shall be issued immediately upon the receipt of the subject item/s: Provided,That when the volume of dangerous drugs, plant sources of dangerous drugs, and controlled precursors and essential chemicals does not allow the completion of testing within the time frame, a partial laboratory examination report shall be provisionally issued stating therein the quantities of dangerous drugs still to be examined by the forensic laboratory: Provided, however,That a final certification shall be issued immediately upon completion of the said examination and certification;

"x x x.

Section 2. Implementing Rules and Regulations (IRR)

To implement effectively the provisions of Section 21, the Philippine Drug Enforcement Agency (PDEA) shall issue the necessary guidelines on the IRR for the purpose in consultation with the Department of Justice (DO J) and relevant sectors to curb increasing drug cases.

Section 3. Separability Clause

If any provision or part hereof is held invalid or unconstitutional, the remainder of the law or the provision not otherwise affected shall remain valid and subsisting.

Section 4. Repealing Clause

All laws, presidential decrees or issuances, executive orders, letters of instruction, administrative orders, rules and regulations contrary to or inconsistent with the provisions of this Act are hereby repealed, modified or amended accordingly.

Section 5. Effectivity

This Act shall take effect fifteen (15) days after its complete publication in at least two (2) newspapers of general circulation.

Approved,

| (Sgd.) FRANKLIN M. DRILON President of the Senate | (Sgd.) FELICIANO BELMONTE JR. Speaker of the House House of Representatives |

This Act which is a consolidation of House Bill 2285 and Senate Bill No. 2273 was finally passed by the House of Representatives and the Senate on June 9, 2014.

OSCAR G. YABES Secretary of the Senate

MARILYN B. BARUA-YAP

Secretary General House of Representatives

Approved: JUL 15 2014

BENIGNO S. AQUINO III

President of the Philippines

For information and research only, and not legal advice. This text may not reflect later amendments. For certified copies, refer to the Official Gazette or the issuing agency.