Title
Use of seized drugs for K9 training
Law
Ddb Board Regulation No. 1, S. 2013
Decision Date
Jan 16, 2013
The amendment to the guidelines on the custody and disposition of seized dangerous drugs in the Philippines allows for the use of these drugs for training K9 detector dogs, in order to support the national anti-drug campaign and address the drug problem in the country.

Legal basis and policy statements

  • The regulation is anchored on the policy in Section 2 of Republic Act No. 9165, which directs the State to safeguard territory and well-being and to pursue an intensive and unrelenting campaign against the trafficking and use of dangerous drugs.
  • The regulation recognizes that drug trafficking in the Philippines is carried out by transnational and local drug groups that finance, manufacture, and traffic dangerous drugs and controlled precursors and essential chemicals (CPECs).
  • The regulation provides that the Board’s implementing arm, the Philippine Drug Enforcement Agency (PDEA), and other drug enforcement units require assistance and tools to address the drug problem and implement the national anti-drug campaign.
  • The regulation treats properly trained K9 dogs as helpful tools for detecting the presence of narcotics.
  • The regulation grounds custody and eventual disposition authority on Section 21 of Republic Act No. 9165, which provides that PDEA shall take charge and custody of seized/confiscated/surrendered items for eventual disposition when no longer needed as evidence in court.
  • The regulation confirms that Section 21 of Republic Act No. 9165 also allows lawful items of commerce—upon determination by the Board—to be donated, used, or recycled for legitimate purposes.

Amendment to Board Regulation No. 1 (2002)

  • The regulation amends Board Regulation No. 1, Series of 2002 by adding a new provision after Section 8.
  • The new provision is designated as Section 8-A.
  • Section 8-A creates a specific rule allowing limited use of seized drugs or controlled chemicals for K9 training.
  • The amendment is intended to expand the earlier guidelines so they cover K9 detector dog training using actual dangerous drugs and CPECs.

New Section 8-A: K9 training use

  • Section 8-A(a) provides that upon request by concerned agencies to PDEA, seized drugs or controlled chemicals no longer needed as evidence for presentation in court may be properly and lawfully used for training K9 detector dogs for narcotics.
  • Section 8-A(a) requires the requesting agency to possess the necessary permits and licenses required by PDEA and other concerned agencies, including PNP Supervisory Office for Security and Investigation Agencies (PNP SOSIA).
  • Section 8-A(b) directs that the Director General of PDEA shall establish guidelines governing (1) the maximum quantity of seized drugs or controlled chemicals that may be given for K9 detector dog training and (2) the proper requirements for storage, inventory, and chain of custody forms to be accomplished by PDEA and the requesting agencies.
  • Section 8-A(b) requires submission of the guidelines to the Board by PDEA.
  • Section 8-A(b) mandates that after completion of training, the requested drugs or controlled chemicals shall be turned over to PDEA for proper disposition.

Responsible offices and required custody controls

  • PDEA receives and processes requests from concerned agencies for the use of seized drugs or controlled chemicals for K9 training under Section 8-A.
  • The Director General, PDEA is responsible for issuing the detailed guidelines covering maximum training quantities and the storage, inventory, and chain of custody forms.
  • The requesting agencies must comply with the permit and license requirements set by PDEA and relevant agencies such as PNP SOSIA.
  • PDEA and the requesting agencies must accomplish the required storage, inventory, and chain of custody documentation for the training use.
  • After training, the drugs or controlled chemicals must be returned to PDEA for proper disposition.

Effectivity and formalities

  • The regulation becomes effective fifteen (15) days after its publication in two (2) newspapers of general circulation.
  • The regulation becomes effective only after registration with the Office of the National Administrative Register (ONAR), UP Law Center, Quezon City.
  • The regulation is issued under the authority of the Dangerous Drugs Board, with the Chairman signing as Secretary ANTONIO A. VILLAR, JR., Chairman, Dangerous Drugs Board.
  • The regulation is attested by the Assistant Secretary AMADOR S. PABUSTAN, OIC-Secretary of the Board.

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