Title
Guidelines on custody and disposal of seized drugs
Law
Ddb Regulation No. 01
Decision Date
Oct 18, 2002
A Philippine law provides detailed instructions on the proper handling, storage, and disposal of seized dangerous drugs, controlled precursors and essential chemicals, and laboratory equipment, including procedures for seizure, laboratory analysis, custody, safekeeping, and disposal, as well as guidelines for drug evidence tracking and inventory.

Law Summary

Seizure or Confiscation of Items

  • Immediate physical inventory and photography of seized items
  • Presence of person seized from or representative, media, DOJ, elected official required
  • Compliance grounds allow non-voiding if integrity preserved
  • Items marked, weighed or counted, sealed, packed and labeled
  • Sampling and classification rules for packaged substances
  • Weighing/counting rules depending on physical feasibility

Turnover and Reporting

  • Submission of seized items to PDEA Forensic Lab within 24 hours
  • Preparation of detailed seizure report covering time, place, persons, conditions, description, chain of custody etc.

Laboratory Analysis and Identification

  • Forensic lab to take samples (specified max quantities) within 24 hours
  • Issuance of certification of lab exam results identifying substances and equipment
  • Partial and final reports if testing cannot be completed within 24 hours
  • Report content includes receipt details, labeling, container, analysis methods, results, custody handling
  • Evidence marking by examiner and custodian
  • Sampling procedures for multiple packages defined
  • Foreign requests and court approval needed for transfer of samples

Custody and Safekeeping

  • Designated custodians for dangerous drugs and controlled chemicals
  • Storage requirements: separate storage, protective measures, labeling requirements per MSDS
  • Storage location specifics for different drugs and chemicals
  • Detailed chemical compatibility and safe storage practices
  • Maintenance of chain of custody, access logs, and storage details

Early Disposal of Seized Items

  • Court ocular inspection within 72 hours after filing case
  • Destruction/disposal within 24 hours after inspection through PDEA
  • Representative samples taken and weighed for evidence preservation
  • Maximum retained quantities prescribed for different drugs and chemicals
  • PDEA officer refers to MSDS for proper disposal
  • Disposal methods: thermal destruction or other lawful methods authorized by Board and DENR
  • Plant sources destroyed by open burning on site and burying
  • Witnesses required including accused or representative, media, DOJ, civil groups, officials
  • Procedure for absent accused representation
  • Certification of destruction by PDEA officials submitted to court
  • Costs borne by offender
  • Procedures for disposal when no case filed

Drug Evidence Tracking and Inventory

  • PDEA maintains evidence database tracking from receipt to destruction
  • Annual and event-driven inventories by forensic labs

Use for Medical, Scientific, or Training Purposes

  • Seized items no longer needed as evidence may be used for medical or scientific purposes upon request
  • Committee from DOH, BFAD, DDB, and PDEA determines suitability
  • Seized chemicals found fit may be sold or donated appropriately
  • Disposal for such uses subject to PDEA licensing

Transitory Provisions

  • NBI and PNP forensic labs shall continue examination and custody until PDEA has facilities and personnel
  • Inventories to continue under existing procedures pending PDEA directives

Effectivity

  • Guidelines effective 15 days after publication

This summary covers all key provisions, terms, procedures, custodial requirements, laboratory processes, reporting, destruction and disposal protocols, tracking, and transitory arrangements contained in the regulation.


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