Amendment to Anti-Drug Campaign Law

Republic Act No. 10640 is enacted to further strengthen the government’s anti-drug campaign.
Republic Act No. 10640 does so by amending the rules governing custody and disposition of confiscated, seized, and/or surrendered dangerous drugs and related items under Section 21 of Republic Act No. 9165 (Section 1).

Section 21 as amended vests the Philippine Drug Enforcement Agency (PDEA) with responsibility for custody of:
- dangerous drugs,
- plant sources of dangerous drugs,
- controlled precursors and essential chemicals,
- instruments/paraphernalia, and/or
- laboratory equipment,
  as confiscated, seized, and/or surrendered, for proper disposition.
The apprehending team with initial custody and control must follow the required inventory/photographing steps immediately after seizure and confiscation.
PDEA retains custody for proper disposition in accordance with the amended Section 21 procedures.

The apprehending team must conduct a physical inventory of the seized items immediately after seizure and confiscation.
The apprehending team must photograph the seized items immediately after seizure and confiscation.
The physical inventory and photographs must be done in the presence of the accused or the person/s from whom the items were confiscated and/or seized, or his/her representative or counsel.
The inventory and photographs must also be witnessed by:
- an elected public official, and
- a representative of the National Prosecution Service or the media,
  who must sign the copies of the inventory and must be given a copy.
The physical inventory and photographs must be conducted at the place where the search warrant is served.
For warrantless seizures, the inventory and photographs must be conducted at the nearest police station or at the nearest office of the apprehending officer/team, whichever is practicable.
Failure to comply with these requirements is not a ground to render seizures void and invalid if it is under justifiable grounds and 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 immediately upon the receipt of the subject item/s.
The certification must be issued by the forensic laboratory examiner.
If the volume of dangerous drugs, plant sources of dangerous drugs, and controlled precursors and essential chemicals does not allow completion of testing within the time frame, the forensic laboratory must issue a partial laboratory examination report provisionally.
The partial laboratory examination report must state the quantities of dangerous drugs still to be examined.
A final certification must be issued immediately upon completion of the examination and certification.

Section 2 requires PDEA to issue the necessary Implementing Rules and Regulations (IRR) to implement effectively Section 21.
PDEA must issue the IRR in consultation with the Department of Justice (DOJ) and relevant sectors to curb increasing drug cases.

Section 3 provides separability: if any provision or part is held invalid or unconstitutional, the remainder remains valid and subsisting.
Section 4 provides a repealing clause: all laws, presidential decrees or issuances, executive orders, letters of instruction, administrative orders, rules and regulations contrary to or inconsistent with Republic Act No. 10640 are repealed, modified, or amended accordingly.