Question & AnswerQ&A (Republic Act No. 10640)
The primary purpose of Republic Act No. 10640 is to further strengthen the government's anti-drug campaign by amending Section 21 of Republic Act No. 9165, also known as the Comprehensive Dangerous Drugs Act of 2002, particularly in regard to the custody and disposition of confiscated or seized dangerous drugs and related items.
The Philippine Drug Enforcement Agency (PDEA) is responsible for the custody of all confiscated, seized, and 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 of the seized items and photograph them immediately after seizure and confiscation in the presence of the accused or the person from whom such items were seized, along with an elected public official and a representative of the National Prosecution Service or the media.
The physical inventory and photographing should 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 with these requirements, if under justifiable grounds and provided the integrity and evidentiary value of the seized items are preserved, shall not render void or invalid such seizures and custody over the items.
Section 21(3) requires the issuance of a certification of the forensic laboratory examination results immediately upon receipt of the items. If the volume is large and testing is not complete within the time frame, a partial laboratory report must be issued provisionally, followed by a final certification upon completion.
The copies of the physical inventory must be signed by the accused or their representative or counsel, an elected public official, and a representative of the National Prosecution Service or the media.
The PDEA shall issue the necessary guidelines on the Implementing Rules and Regulations (IRR) for the purpose of effectively implementing Section 21, in consultation with the Department of Justice (DOJ) and relevant sectors.
If any provision or part of Republic Act No. 10640 is held invalid or unconstitutional, the remainder of the law or provisions not affected shall remain valid and subsisting.
Republic Act No. 10640 took effect fifteen (15) days after its complete publication in at least two newspapers of general circulation, following its approval on July 15, 2014.