QuestionsQuestions (Republic Act No. 10640)
RA 10640 is titled “An Act to Further Strengthen the Anti-Drug Campaign of the Government,” and it amends Section 21 of RA 9165 to strengthen the custody and disposition rules for seized/confiscated dangerous drugs and related items.
It amended Section 21 of Republic Act No. 9165 (the Comprehensive Dangerous Drugs Act of 2002).
The Philippine Drug Enforcement Agency (PDEA) shall take charge and have custody of all dangerous drugs, plant sources of dangerous drugs, controlled precursors and essential chemicals, and related instruments/paraphernalia/laboratory equipment for proper disposition.
Immediately after seizure and confiscation.
They must be conducted in the presence of the accused or the person/s from whom such items were confiscated/seized (or his/her representative or counsel), with an elected public official and a representative of the National Prosecution Service or the media.
At the place where the search warrant is served.
At the nearest police station or at the nearest office of the apprehending officer/team, whichever is practicable.
Noncompliance under justifiable grounds, as long as the integrity and evidentiary value of the seized items are properly preserved, shall not render the seizures and custody void and invalid.
It provides that a certification of the forensic laboratory examination results, issued by the forensic laboratory examiner, shall be issued immediately upon receipt of the subject items.
A partial laboratory examination report shall be provisionally issued stating quantities of dangerous drugs still to be examined.
PDEA shall issue the necessary guidelines on the IRR to implement effectively Section 21, in consultation with the Department of Justice and relevant sectors.
The Department of Justice (DOJ) and relevant sectors.
If any provision is held invalid or unconstitutional, the remainder of the law or the provision not otherwise affected remains valid and subsisting.
All laws, presidential decrees or issuances, executive orders, letters of instruction, administrative orders, rules and regulations contrary to or inconsistent with RA 10640 are repealed, modified, or amended accordingly.
Fifteen (15) days after its complete publication in at least two (2) newspapers of general circulation.
It signals that even if mandatory steps like inventory/photograph are not strictly followed, the prosecution can still rely on the seizure and custody if the integrity of the seized items and their evidentiary value were properly preserved under justifiable grounds.