Key Definitions
- Agency: Government agency with forensic lab/evidence storage.
- Board: Dangerous Drugs Board.
- Chemist: Authorized forensic examiner of dangerous drugs and related substances.
- Evidence: Includes seized, discovered, or surrendered dangerous drugs, controlled precursors, essential chemicals, drug paraphernalia, and lab equipment.
- Evidence Custodian: Person responsible for custody and safekeeping of evidence.
- Inventory: Itemized list of evidence in custody.
- PDEA: Philippine Drug Enforcement Agency.
Procedures for Custody and Safekeeping of Evidence
- Receipt, storage, and release of evidence must follow standardized inventory control procedures.
- Turn-over of evidence to forensic labs by apprehending teams requires acknowledgment receipts, evidence register entries, chain of custody documentation, chemistry examination reports, and turn-over to evidence custodian.
- Turn-over of evidence from court to PDEA involves photographic documentation, re-examination, chain of custody, and custodial transfers with proper receipts and registers.
- Turn-over from other government agencies to PDEA must include accompanying official transmittal letters and standard documentation.
- Release of evidence upon court order or issuance of PDEA permits requires withdrawal slips and updated inventory records.
- All court exhibits must be recorded in a dedicated Court Exhibit Register kept in the evidence room.
Annual Physical Count of Drug Inventory
- A designated Inventory Team including Evidence Custodian, assistant, representatives from NBI, PNP Crime Lab Service, and PDEA, plus a photographer, will conduct the count.
- Procedures include preparation of written instructions, securing evidence storage, use of inventory count sheets and cutoff forms, segregation of items, and cut-off procedures to control movements.
- During the physical count, evidence is verified by reading case details, matching container markings, weighing, and reconciling absence with documentation.
- After the count, completion and reconciliation of records occur, followed by summary report submission to the agency head with copies to DDB and PDEA.
- Receipts and releases during the count are recorded and separated securely.
Accountable Forms and Their Uses
- Form A: Acknowledgment Receipt (4 copies) for receipt of evidence.
- Form B: Evidence Register recording evidence status.
- Form C: Chain of Custody Form (3 copies) tracking evidence movement.
- Form D: Chain of Custody Form Register.
- Form E: Turn-Over Receipt (3 copies) for transfer of evidence to custodian.
- Form F: Turn-Over Receipt Register.
- Form G: Receiving Report (3 copies) from Laboratory to Evidence Custodian.
- Form H: Receiving Report Register.
- Form I: Inventory Ledger showing evidence quantity and movement.
- Form J: Stock Card (prepared for every item).
- Form K: Stock Card Register.
- Form L: Withdrawal Slip (3 copies) acknowledging release of evidence.
- Form M: Withdrawal Slip Register.
- Form N: Court Exhibit Register.
- Form O: Inventory Cut-Off Form (2 copies) for movements during physical count.
- Form P: Inventory Count Sheet (4 copies) documenting physical count results.
Penalty
- Violations of this regulation are subject to penalties under Section 32 of R.A. 9165.
Separability Clause
- Invalidation of any section or provision does not affect the validity and enforcement of the remaining parts.
Repealing Clause
- All inconsistent previous Board regulations and issuances are superseded or modified accordingly.
Effectivity
- Regulation takes effect 15 days from publication in two newspapers of general circulation and after registration with the Office of the National Administrative Register (ONAR).