Title
Amendment to Anti-Drug Campaign Law
Law
Republic Act No. 10640
Decision Date
Jul 15, 2014
An amendment to the Comprehensive Dangerous Drugs Act of 2002, Republic Act No. 10640 strengthens the anti-drug campaign in the Philippines by giving the Philippine Drug Enforcement Agency (PDEA) the responsibility of custody and proper disposition of confiscated drugs and related items, while also establishing guidelines for inventory, examination, and consultation with relevant sectors.

Law Summary

Procedure for Physical Inventory and Documentation of Seized Items

  • The apprehending team that initially seizes the items must immediately conduct a physical inventory and photograph the seized items.
  • The inventory and photography must be done in the presence of the accused or the person from whom the items were seized or their representative/counsel.
  • An elected public official and a representative of the National Prosecution Service or media must also be present to witness and sign the inventory copies.
  • The physical inventory and photography should take place at the location where the search warrant was served, or at the nearest police station or office of the apprehending officer in warrantless seizures.
  • Noncompliance with these procedures does not automatically invalidate the seizure if there are justifiable grounds and the integrity and evidentiary value of the seized items are preserved.

Forensic Laboratory Examination and Certification

  • Forensic laboratory examiners must issue a certification of laboratory examination results immediately upon receipt of the subject items.
  • If the volume of items is too large for testing within the required time frame, a provisional partial laboratory examination report must be issued, indicating the quantities still to be examined.
  • A final certification is to be issued immediately upon completion of all examinations.

Issuance of Implementing Rules and Regulations

  • The PDEA, in consultation with the Department of Justice and relevant sectors, is mandated to issue necessary guidelines to implement the provisions on custody and disposition effectively.

Separability Clause

  • Any provision or part of the law declared invalid or unconstitutional shall not affect the validity of the remaining provisions.

Repealing Clause

  • All laws, decrees, issuances, executive orders, administrative orders, and other regulations inconsistent with the provisions of this Act are repealed, modified, or amended accordingly.

Effectivity Clause

  • The Act takes effect fifteen (15) days after its full publication in at least two newspapers of general circulation.

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