The Law On The Disposition of Confiscated, Seized And/Or Surrendered Dangerous Drugs

Republic Act 9165 or the Comprehensive Dangerous Drugs Act of 2002 does not only provide a procedure on the conduct of physical inventory and photography after the seizure or dangerous drugs, it also provides the procedure on its disposition or destruction.

Section 21, which has been amended, principally authored by Senator Vicente C Sotto III, now called the SAD-Law or the Sotto Amendment to the Anti Drugs Law, provides the procedure in its third paragraph, more explained in its Implementing Rules and Regulations, this is aside from complying with the forensic examination of the dangerous drugs.

“(d) After the filing of the criminal case, the court shall within seventy two (72) hours, conduct an ocular inspection of the confiscated, seized and/or surrendered dangerous drugs, plant sources of dangerous drugs, and controlled precursors and essential chemicals, including the instruments/paraphernalia and/or laboratory equipment, and through the PDEA shall, within twenty four (24) hours thereafter, proceed with the destruction or burning of the same, in the presence of the accused or his/her representative or counsel, a representative from the media and the DOJ, civil society groups and any elected public official. The Board shall draw up the guidelines on the manner of proper disposition and destruction of such item/s which shall be borne by the offender. Provided, that those item/s of lawful commerce, as determined by the Board, shall be donated, used or recycled for legitimate purposes; Provided, further, that a representative sample, duly weighed and recorded is retained.

e) The Board shall then issue a sworn certification as to the fact of destruction or burning of the subject item/s…” (Section 21, R.A. 9165).

The Board referred to in the proviso is the Dangerous Drugs Board. The guidelines issued by the DDB is similar to the proviso, however since it does not have offices in the other parts of the country, the PDEA and its Regional Offices has been tasked to represent the DDB in its stead and shall be the one to sign the certification.

This procedure has not been faithfully complied many times. We have seen that Regional Trial Courts only dispose or order the destruction only after giving judgment to the case and often do it in lump sum, meaning with all other cases.

This may be explained and forgivable as most drug cases only have minute particles or weigh of shabu, that it would be tiresome to conduct destruction after filing of cases or every time cases reach the courts. However, our Courts should be vigilant and should observe the procedure when the weight of the drugs seized reaches 25 grams. Let us be reminded that the purpose of the law is to avoid allegations of recycling seized drugs. Thus, disposition must be conducted after the filing of the case, and retained representative samples to be used during the trial and dispose of it after rendering judgment of the case.

The Supreme Court must issue a circular to remind our judges to keep in mind of the mandate of the law on the conduct of proper disposition of seized drugs. The purpose of this article is to answer the queries of the public on where the seized drugs go. Please kindly share this article to a friend, so other areas will be reminded of the procedure on the disposition of seized or confiscated drugs.

About the Author: Clarence Paul V. Oaminal is a lawyer and author of ‘The Textbook on The Comprehensive Dangerous Drugs Act of 2002’. He was the Vice-chairman and Undersecretary of the Dangerous Drugs Board and is the current adviser and presiding officer of Cebu City Anti-Drug Abuse Council. He also hosts the local advocacy program ‘Krimen ug Drugas’ in CCTN Channel 47.