Question & AnswerQ&A (DDB REGULATION NO. 01)
'Chain of custody' means the duly recorded authorized movements and custody of seized drugs or controlled chemicals or plant sources of dangerous drugs or laboratory equipment of each stage, from the time of seizure/confiscation to receipt in the forensic laboratory to safekeeping to presentation in court and destruction, including the identity and signature of custodians, dates, times, and final disposition.
Controlled chemicals mean controlled precursors and essential chemicals as defined in Article I Sec. 3 (g) RA 9165 or other specified chemicals such as acetic anhydride, acetone, ephedrine, hydrochloric acid, isosafrole, methyl ethyl ketone, pseudoephedrine, and others listed in the regulation.
Seized dangerous drugs, plant sources of dangerous drugs, or controlled chemicals must be submitted to the PDEA Forensic Laboratory within twenty-four (24) hours upon confiscation/seizure for qualitative and quantitative examination.
The apprehending team must physically inventory and photograph the seized items immediately after seizure in the presence of the person from whom items were seized or their representative, a media representative, a DOJ representative, and any elected public official, who shall sign copies of the inventory report and be given copies thereof.
Controlled chemicals must be stored separately from dangerous drugs. Both storage facilities must be adequately protected. Dangerous drug evidence should be stored in plastic heated envelopes in evidence vaults or heavy-duty steel cabinets. Controlled chemicals storage should follow proper labeling, compatibility, and safety procedures.
Not more than five (5) grams per package/bag shall be taken as sample for laboratory examination.
Witnesses include the accused or their representative or counsel, a member of the public attorney’s office appointed by the Secretary of Justice, representatives from the media, Department of Justice, civil society groups, and any elected public official.
Disposal methods include thermal destruction by fire, heat, or incineration, or other lawful methods authorized by the Dangerous Drugs Board in consultation with the Department of Environment and Natural Resources (DENR).
Labels must include the chemical name, date received, hazardous properties such as flammability or toxicity, additional safety information like protective equipment use, and optionally, fire fighting equipment or first aid measures.
Upon request, seized drugs or chemicals no longer needed as evidence may be used for medical, scientific, or training purposes subject to a committee determination of fitness, and must comply with PDEA licensing/permit requirements. Controlled chemicals found fit for use may be sold in public auction or donated to government agencies.