Law Summary
Laboratory Examination and Custody
- Seized/confiscated items must be submitted to PDEA Forensic Laboratory within 24 hours for qualitative and quantitative analysis.
- PNP and NBI forensic laboratories support qualitative and quantitative examinations as well.
- Positive qualitative laboratory findings support criminal charges; quantitative tests may be requested or court-ordered.
- Laboratory reports must be issued promptly to enable timely filing of charges.
- Partial reports are allowed when volume is large, with final reports issued once examination completes.
- In areas lacking forensic labs, electronic transmission of lab reports suffices for prosecution, with originals forwarded promptly.
- Chain of custody continues through the forensic laboratory, documenting all specimen handling.
- For eradication site seizures of plant sources, representative samples are preserved and field screening tests performed; final lab certification follows confirmatory testing.
Filing of Complaint and Destruction of Confiscated Items
- Criminal charges must be filed within the reglementary period.
- When seizures are by search warrant, returns and requests to take custody of seized items must be filed with the issuing court.
- Substantial documentary requirements must accompany motions to take or retain custody, including motions, inventory certificates, photographs, lab reports, affidavits, and chain of custody forms.
- Bulk seizures may allow submission of inventory certificates and photos instead of physical items to courts.
- After filing charges, urgent motions for destruction must be filed with courts, including prayers for ocular inspection within 72 hours.
- Courts must conduct ocular inspection, taking representative samples as corpus delicti before destruction.
- Destruction orders are executed within 24 hours post-approval in the presence of prescribed witnesses.
- Immediate destruction may proceed without court order in cases of insurgent-infested, inaccessible, or dangerous sites.
- Where no violator is apprehended or no case filed, destruction proceeds via PDEA director’s order after appropriate inventory and examination.
- Costs of destruction are borne by offenders or funded by appropriations; lawful items may be donated or recycled.
- Destruction methods include thermal destruction per environmental laws, other lawful methods authorized by the Board, or burning and burial for marijuana plants.
- Destruction must occur in the presence of accused or representatives, media, DOJ/NPS representatives, civil society, and public officials.
- Sworn certification of destruction is submitted to courts; representative samples must be preserved.
Participation of Offender
- Offenders or their representatives may observe all proceedings related to marking, inventory, and destruction.
- Absence or refusal to participate does not delay proceedings; legal representatives are appointed if offenders do not designate counsel.
- Proceedings continue regardless of offender’s presence, noting any absence or objection in official records.
Lead Agency and Transitory Provisions
- PDEA is the lead agency for custody, disposition, and destruction of seized or surrendered drug items and samples.
- PDEA must retrieve drug evidence from other agencies or custody when no longer needed as evidence.
- PDEA shall secure funds annually for destruction activities; offenders bear ultimate cost reimbursed to PDEA via forfeiture or civil action.
- Until PDEA establishes forensic labs, existing PNP and NBI forensic laboratories shall continue examinations and custody of samples.
Effective Implementation and Legal Compliance
- PDEA will ensure effective implementation of guidelines and pursue legal actions for violations causing case dismissals or unsuccessful prosecutions.
- Previous conflicting guidelines on Section 21 of RA 9165 as amended are repealed or amended accordingly.
- Amendments to these guidelines require consultation with DOJ and relevant sectors.
- Invalid provisions do not affect remaining portions of guidelines.
- Guidelines take effect 15 days after publication and registration with the Office of the National Administrative Register.