Question & AnswerQ&A (PDEA GUIDELINES ON THE IMPLEMENTING RULES AND REGULATIONS OF SECTION 21 OF Republic Act No. 9165 AS AMENDED BY Republic Act No. 10640)
The PDEA is responsible for taking charge and 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 for proper disposition and destruction.
The apprehending or seizing officer must immediately mark (initials and signature), inventory, and photograph the seized items at the place of seizure or nearest convenient location, in the presence of the suspect or his/her counsel, an elected public official, and a representative of the National Prosecution Service (NPS) or the media, who shall sign the inventory. The seized items, especially those fungible, shall be sealed in an evidence bag to prevent contamination.
The chain of custody documents the transfer, custody, and handling of seized evidence from the point of seizure until its destruction or presentation in court. It includes names, times, and places of custody transfers to preserve evidentiary integrity and prevent tampering or contamination.
Within twenty-four (24) hours upon confiscation or seizure, the seized drugs and related items must be submitted for qualitative and quantitative examination.
Criminal charges must be filed within the reglementary period. A return of the search warrant with a request to take custody of the seized items must be filed with the court that issued the warrant, supported by documents including inventory, photographs, lab reports, affidavits, chain of custody forms, and certifications. The prosecution must also file a motion for the immediate destruction of seized items with an ocular inspection within seventy-two (72) hours.
Destruction is done through thermal destruction or other lawful methods authorized by the Dangerous Drugs Board. Marijuana and plant sources are burned at the eradication site and then buried. Destruction must be conducted in the presence of the accused or their representative, the media, DOJ/NPS representatives, civil society groups, and elected officials. Representative samples are retained as evidence.
The items undergo inventory, forensic examination, and immediate destruction upon order from the Director General of PDEA or authorized representative. Immediate destruction may proceed without prior order if there are justifiable grounds such as safety concerns. All procedures regarding inventory and witnessing must still be observed.
The cost is borne by the accused or offender, without prejudice to PDEA's funding for destruction programs. Items lawfully used in commerce may be donated or recycled, with representative samples retained as evidence.
The alleged offender or their counsel is entitled to personally observe all proceedings. Their presence does not constitute an admission of guilt. If they refuse or fail to appoint a representative 72 hours before destruction, the Secretary of Justice, Presiding Judge, or Chief of the Public Attorney's Office shall appoint a public attorney to represent the accused.
The PDEA shall initiate or collaborate to ensure effective implementation, including taking appropriate legal actions or measures under the law against violations of these guidelines that result in unsuccessful prosecutions or dismissal of drug cases.