“SAD-Law Short For The Sotto Amendment To The Anti Drugs Law Will Lessen Dismissal Of Drug Cases”

Drugs and Crimes

The SAD-Law short for the SOTTO AMENDMENT TO THE ANTI DRUGS LAW or Republic Act 10640 is a sad law for the Drug Syndicates and pushers for it will surely lessen dismissal of drug cases. The law is an amendment to Section 21 of Republic Act 9165, a law also principally authored by Senator Vicente C. Sotto III.

The original provision of the law has been the subject and cause of the dismissal of majority of the drug cases filed before the Prosecutors Office and with the Courts. The amended provision which now reads:

“Sec. 21. Custody and Disposition of Confiscated, Seized and/or Surrendered Dangerous Drugs, Plant Sources of Dangerous Drugs, Controlled Precursors and Essential Chemicals, Instruments/Paraphernalia and/or Laboratory Equipment.- The PDEA shall take charge and have custody of all dangerous drugs, plant sources of dangerous drugs, controlled precursors and essential chemicals, as well as instruments/paraphernalia and/or laboratory equipment so confiscated, seized and/or surrendered, for proper disposition in the following manner:

“(1) The apprehending team having initial custody and control of the dangerous drugs, controlled precursors and essential chemicals, instruments/paraphernalia and/or laboratory equipment shall, immediately after seizure and confiscation, conduct a physical inventory of the seized items and photograph the same in the presence of the accused or the person/s from whom such items were confiscated and/or seized, or his/her representative or counsel, with an elected public official and a representative of the National Prosecution Service or the media who shall be required to sign the copies of the inventory and be given a copy thereof; Provided, That the physical inventory and photograph shall be conducted at the place where the search warrant is served; or at the nearest police station or at the nearest office of the apprehending officer/team, whichever is practicable, in case of warrantless seizures.

Provided, finally, That non-compliance of these requirements under justifiable grounds, as long as the integrity and evidentiary value of the seized items are properly preserved by the apprehending officer/team shall, not render void and invalid such seizures and custody over said items.”

Many drug cases, estimated to be 80 to 90 percent nationwide has been dismissed on the grounds of failure to comply with section 21. With the amendment, Senator Sotto believes that more drug peddlers will be convicted. The amendment now clarifies that the witnesses for the physical inventory and photograph are the accused or his/her representative, an elected public official and a representative of the National Prosecution Service or the media. Therefore even if there is no witness from the National Prosecution Service, as long as there is an elected public official or media, there is substantial compliance of the law. In fact the long is clear that non-compliance or failure to comply shall not render the seizure void or invalid, as long as the integrity and evidentiary value has been preserved by the law enforcers.

The issue of the venue or the place of the conduct of the physical inventory and photograph has been clarified. The law is now clear that for seizures with search warrants shall be conducted at the very place where the warrant was served. In warrantless seizures such as buy bust it shall be conducted in the nearest police station or office of the apprehending team.

Senate Bill 2273 sponsored by Senator Vicente Sotto III has been signed into law by President Aquino on July 15, 2014. Senator Sotto is now calling the Dangerous Drugs Board to conduct lectures and seminars to strengthen the knowledge of the anti-drugs law to our Judges, Prosecutors and Law Enforcement Agencies especially on the amendment of the law.

Senator Sotto believes that the most important weapon of our law enforcers is the knowledge of the law, the amendment of the law will surely lessen the dismissal of drug cases as it now clarifies the procedures often misinterpreted by law enforcers, prosecutors and judges.

The amendment was the result of the suggestions of law enforcers and prosecutors to Senator Sotto when he was still Chairman of the Dangerous Drugs Board, he fulfilled his promise that when the comes back to the Senate he will make the amendment.

About the Author: Clarence Paul V. Oaminal is a lawyer and author of ‘The Textbook on The Comprehensive Dangerous Drugs Act of 2002’. He is 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.