Question & AnswerQ&A (Republic Act No. 10640)
Republic Act No. 10640 aims to further strengthen the anti-drug campaign of the Philippine government by amending Section 21 of Republic Act No. 9165, the Comprehensive Dangerous Drugs Act of 2002.
The Philippine Drug Enforcement Agency (PDEA) is responsible for taking charge and having custody of all confiscated, seized, and/or surrendered dangerous drugs, plant sources of dangerous drugs, controlled precursors and essential chemicals, instruments/paraphernalia, and laboratory equipment.
The apprehending team must conduct a physical inventory and photograph the seized items in the presence of the accused or their representative, an elected public official, and a representative from the National Prosecution Service or the media. These witnesses must sign the inventory copies, which shall be given to the accused or their representative.
These must be conducted at the place where the search warrant is served or at the nearest police station or office of the apprehending officer/team if the seizure was warrantless, whichever is practicable.
No. Noncompliance will not void or invalidate the seizure if there are justifiable grounds and the integrity and evidentiary value of the seized items are properly preserved by the apprehending officer/team.
A partial laboratory examination report may be provisionally issued that states the quantities of drugs still to be examined, with a final certification to be issued immediately after completion of the full examination.
The PDEA is mandated to issue the necessary guidelines on the IRR in consultation with the Department of Justice and relevant stakeholders to effectively implement the law and curb increasing drug cases.
If any provision or part of the law is held invalid or unconstitutional, the remaining provisions or parts not affected shall remain valid and subsisting.
The law took effect fifteen (15) days after its complete publication in at least two newspapers of general circulation.