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Pursuant to the provisions of Section 36 of Republic Act No. 6425, as amended, particularly paragraphs (a) and (b) thereof relative to the manner of safekeeping, disposition, burning or condemnation of dangerous drugs under its custody, and of taking charge and custody of all dangerous drugs seized, confiscated by, or surrendered to any national, provincial, or local law enforcement agency, Board Regulation No. 4, series of 1972 is hereby amended to read as follows:

SECTION 1.       All prohibited and regulated drugs, instruments, apparatus, and articles specially designed for the use thereof when unlawfully used or found in the possession of any person not authorized to have control and disposition of the same, or when found secreted or abandoned, shall be seized or confiscated by any national, provincial or local enforcement agency.  Any apprehending team having initial custody and control of said drugs and/or paraphernalia should, immediately after seizure or confiscation, have the same physically inventoried and photographed in the presence of the accused, if there be any, and/or his representative, who shall be required to sign the copies of the inventory and be given a copy thereof.  The apprehending team shall, within twenty-four hours from seizure, inform the Dangerous Drugs Board by telegram of said seizure, the nature and quantity thereof, and present custody of the same.

Within ten (10) days from the date of seizure or confiscation, the apprehending team shall submit to the Board a detailed report which shall be accomplished on the form entitled: REPORT ON AN ILLICIT NARCOTICS TRANSACTION OR SEIZURE (DDB Form No. 4-72).  The apprehending team shall, within the same period turn over to the Dangerous Drugs Board Custodian (NBI) the seized or confiscated drugs, from which adequate representative samples shall be taken and retained by the apprehending team for purposes of evidence in the appropriate judicial proceedings.

SECTION 2.       All national, provincial, or local law enforcement agencies which shall assign personnel on intelligence missions in the enforcement of the Dangerous Drugs Act of 1972 shall, within ten (10) days from the assignment of such personnel, submit a sealed confidential report to the Chairman of the Board specifying the name or names of the personnel in mission, his field of assignment, and the nature and amount of dangerous drugs issued to him for use in his intelligence work.  In case the team leader recruits additional informants in the field, the names of such informants should be reported immediately to the agency for transmittal to the Dangerous Drugs Board in a sealed envelop.  The sealed reports shall be opened only if a question should arise as to the integrity of the mission or the members thereof.

SECTION 3.       During the pendency of the case in court, the seized prohibited and regulated drugs, instruments, apparatus, and articles specially designed for the use thereof, forming part of the evidence, shall be under the custody of the examining government chemist or analyst who shall be appearing as expert witness in the prosecution of the case.

SECTION 4.       During the same period (pendency of the case in court), the officer on the case (team leader of the apprehending team), shall from time to time apprise the Dangerous Drugs Board of the status and progress of the prosecution of the case.

SECTION 5.       Within ten (10) days from the date of the promulgation of sentence, be it acquittal or conviction of the accused, the chemist or analyst in possession of the evidence drugs, instruments, apparatus, and articles, through the head of his/her Agency or Office shall turn over the same to the Dangerous Drugs Custodian (NBI) as appointed by the Board.  In this connection, the proper court shall see to it that an order to this effect is always embodied in its decision.  The seized drugs, instruments, apparatus, and articles shall be properly packed, marked and labelled before the same are turned over to the Dangerous Drugs Custodian (NBI).

SECTION 6.       All prohibited and regulated drugs, instruments, apparatus, and articles specially designed for the use thereof, turned over to the Dangerous Drugs Custodian (NBI), shall be properly receipted for by said Custodian.

SECTION 7.       The Dangerous Drugs Board shall forthwith examine and classify the turned over dangerous drugs and/or articles with the end in view of determining whether the same have legitimate medical or therapeutic value, in which case the Secretary of Health shall dispose of them in the best interest of the government, whether locally or in some foreign countries or to responsible persons or entities duly authorized by law or under international agreement to deal in them.  Those dangerous drugs or articles which are not included in the foregoing, shall be destroyed by burning in the boiler furnace of the San Lazaro Crematory or in the City Crematory, whichever may be convenient or feasible.  The burning or destruction of the same shall be witnessed by at least two (2) members of the Board or their duly authorization representatives.

SECTION 8.       The Dangerous Drug Custodian (NBI) of the Board shall make certified reports to the President of all drugs, instruments, and apparatus destroyed or otherwise disposed of, a copy of said reports being furnished the Secretary of Health, Secretary of Justice, Secretary of National Defense, the Secretary of Finance, and the Auditor General.

SECTION 9.       This Regulation shall take effect immediately.

Adopted: 13 Nov. 1974

(SGD.) CLEMENTE S. GATMAITAN, M.D., M.P.H.
Chairman