Amendment to Anti-Drug Campaign Law

Section 1 amends Section 21 of Republic Act No. 9165 by replacing its provisions on Custody and Disposition of certain seized/surrendered drug-related items.
PDEA is designated to take charge and have custody of the following items so confiscated, seized, or surrendered for proper disposition:
- dangerous drugs;
- plant sources of dangerous drugs;
- controlled precursors and essential chemicals;
- instruments/paraphernalia; and/or
- laboratory equipment.
The custody and disposition rules apply to items confiscated, seized, and/or surrendered within the anti-drug campaign under Republic Act No. 9165.

The apprehending team that has initial custody and control must conduct a physical inventory of the seized items immediately after seizure and confiscation.
The apprehending team must also photograph the seized items in the presence of:
- the accused or the person/s from whom the items were confiscated and/or seized; or
- the accused/person’s representative or counsel.
The physical inventory and photography must include participation of:
- an elected public official, and
- a representative of the National Prosecution Service or the media.
The elected public official and the representative must sign the copies of the inventory and must be given a copy of the inventory.
The inventory and photographs must be conducted:
- at the place where the search warrant is served, or
- for warrantless seizures, at the nearest police station or the nearest office of the apprehending officer/team, whichever is practicable.
Noncompliance is addressed through a safeguard:
- Noncompliance under justifiable grounds does not render seizures and custody void and invalid as long as the integrity and the 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 by the forensic laboratory examiner immediately upon receipt of the subject item/s.
If the volume of dangerous drugs, plant sources of dangerous drugs, and controlled precursors and essential chemicals does not allow completion within the time frame, the forensic laboratory examiner must issue a partial laboratory examination report on a provisional basis.
The partial laboratory examination report must state the quantities of dangerous drugs still to be examined by the forensic laboratory.
A final certification must be issued immediately upon completion of the examination and certification process.

Section 2 requires the Philippine Drug Enforcement Agency (PDEA) to issue the necessary guidelines for the Implementing Rules and Regulations (IRR) to implement effectively Section 21.
The IRR guidelines must be issued by PDEA in consultation with the Department of Justice (DOJ) and relevant sectors.
The IRR consultation is aimed at curbing increasing drug cases through effective implementation of the Section 21 custody and disposition provisions.

Section 3 provides a separability clause: if any provision or part is held invalid or unconstitutional, the remainder of the law or parts not affected remain valid and subsisting.

Section 4 provides a repealing clause: all laws, presidential decrees or issuances, executive orders, letters of instruction, administrative orders, and rules and regulations contrary to or inconsistent with the Act are repealed, modified, or amended accordingly.

Section 5 sets the effectivity: RA No. 10640 takes effect fifteen (15) days after its complete publication in at least two (2) newspapers of general circulation.