QuestionsQuestions (Republic Act No. 10640)
Republic Act No. 10640 is an act intended to further strengthen the anti-drug campaign of the government; it amends Section 21 of Republic Act No. 9165 (the Comprehensive Dangerous Drugs Act of 2002).
It covers the custody and disposition of confiscated, seized, and/or surrendered dangerous drugs, plant sources of dangerous drugs, controlled precursors and essential chemicals, and the related instruments/paraphernalia and/or laboratory equipment.
The Philippine Drug Enforcement Agency (PDEA) is mandated to take charge and have custody of all dangerous drugs and related items for proper disposition.
Conduct a physical inventory of the seized items and photograph them in the presence of the accused or the person/s from whom the 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, each of whom must sign the inventory copies and be given copies.
They should be conducted 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 will not render the seizure and custody void and invalid if there are justifiable grounds and the integrity and evidentiary value of the seized items are properly preserved by the apprehending officer/team.
A certification of the forensic laboratory examination results must be issued immediately upon receipt of the subject items by the forensic laboratory examiner.
A partial laboratory examination report may be provisionally issued stating the quantities of dangerous drugs still to be examined by the forensic laboratory.
To implement Section 21 effectively, the PDEA must issue the necessary guidelines for the IRR in consultation with the Department of Justice (DOJ) and relevant sectors to curb increasing drug cases.
If any provision or part is held invalid or unconstitutional, the remainder of the law or unaffected provision remains valid and subsisting.
All laws, presidential decrees, issuances, executive orders, letters of instruction, administrative orders, rules and regulations that are contrary to or inconsistent with RA 10640 are repealed, modified, or amended accordingly.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.
The required physical inventory and photographs with required witnesses/signatories, the specified places for inventory/photo depending on warrantless vs. warrant cases, and the allowance that noncompliance will not invalidate seizures if justifiable grounds exist and integrity/evidentiary value are preserved.