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(NAR) VOL. 7 NO. 3 / JULY-SEPTEMBER 1996
[ DDB BOARD REGULATION NO. 2, S. 1996, May 30, 1996 ]
AMENDMENT OF BOARD REGULATIONS NO. 3, S. 1979 PRESCRIBING THE PROCEDURE IN THE CUSTODY OF SEIZED DANGEROUS DRUGS
Pursuant to the powers vested in the Dangerous Drugs Board under Section 36 (a) of Republic Act 6425, as amended, the following guidelines are hereby prescribed:
SECTION 1. After Seizure and During Custodial Investigation - If the apprehending team is the PNP, the operatives shall turn over to the PNP Crime Laboratory all the drugs seized.
If the apprehending team is the NBI, the operatives shall turn over to the NBI Evidence Custodian all the drugs seized. In case the apprehending team comes from other government agencies, the drugs seized must be turned over to the NBI Evidence Custodian.
In any case, the turn over either to the PNP Crime Laboratory or the NBI Evidence Custodian shall be made within twenty-four (24) hours, from the time of the seizure.
The concerned Chemist shall take only adequate representative samples of the drugs needed in the laboratory examination.
Within twenty-four (24) hours from receipt, the Receiving Unit and the Chemist of the concerned Laboratory shall make a report to the Executive Director of the Board about the drugs received.
SECTION 2. Inventory of the Drugs - Within forty-eight (48) hours from turn over of the drugs, an inventory of said drugs shall be conducted jointly by the Leader of the apprehending team and the Chemist. Thereafter, a report jointly signed by them shall be made. A copy of the report shall be sent to the Executive Director of the Board.
SECTION 3. During the Pendency of the Case - The Investigating Prosecutor shall within seven (7) days from filing of the criminal complaint in the proper Court, inform the Board in writing about the filing of the said complaint, indicating the docket number, name of the accused and the Court where the case is filed. The custodian of the seized drugs shall be responsible in bringing them to the Court for purposes of evidence, as directed by the Court.
SECTION 4. Disposition of the Drugs Not Needed as Evidence in Court - The Trial Prosecutor shall request the Court that the drugs no longer needed as evidence shall be turned over under receipt to the NBI, as the Evidence Custodian, for proper disposition.
SECTION 5. After the Termination of the Case - The Prosecutor on the Case shall immediately inform the Board that the case has been terminated by the Court. After the decision of the Court has become final and executory, the remaining drugs or samples in the custody of the Chemist, if any, shall be turned over to the NBI Evidence Custodian under receipt for proper disposition/destruction, pursuant to the Order of the Court.
SECTION 6. Repeal of other Board Regulations - All Board Regulations inconsistent herewith shall be deemed modified or amended.
SECTION 7. This Regulation shall take effect upon its approval.
Adopted: 30 May 1996
(SGD.) CERMENCITA N. REODICA, M.D. MPH
Secretary of Health
Chairman, Dangerous Drugs Board
Attested By:
(SGD.) ATTY. MANUEL M. SUPNET, CESO II
Executive Director and Board Member
SECTION 1. After Seizure and During Custodial Investigation - If the apprehending team is the PNP, the operatives shall turn over to the PNP Crime Laboratory all the drugs seized.
If the apprehending team is the NBI, the operatives shall turn over to the NBI Evidence Custodian all the drugs seized. In case the apprehending team comes from other government agencies, the drugs seized must be turned over to the NBI Evidence Custodian.
In any case, the turn over either to the PNP Crime Laboratory or the NBI Evidence Custodian shall be made within twenty-four (24) hours, from the time of the seizure.
The concerned Chemist shall take only adequate representative samples of the drugs needed in the laboratory examination.
Within twenty-four (24) hours from receipt, the Receiving Unit and the Chemist of the concerned Laboratory shall make a report to the Executive Director of the Board about the drugs received.
SECTION 2. Inventory of the Drugs - Within forty-eight (48) hours from turn over of the drugs, an inventory of said drugs shall be conducted jointly by the Leader of the apprehending team and the Chemist. Thereafter, a report jointly signed by them shall be made. A copy of the report shall be sent to the Executive Director of the Board.
SECTION 3. During the Pendency of the Case - The Investigating Prosecutor shall within seven (7) days from filing of the criminal complaint in the proper Court, inform the Board in writing about the filing of the said complaint, indicating the docket number, name of the accused and the Court where the case is filed. The custodian of the seized drugs shall be responsible in bringing them to the Court for purposes of evidence, as directed by the Court.
SECTION 4. Disposition of the Drugs Not Needed as Evidence in Court - The Trial Prosecutor shall request the Court that the drugs no longer needed as evidence shall be turned over under receipt to the NBI, as the Evidence Custodian, for proper disposition.
SECTION 5. After the Termination of the Case - The Prosecutor on the Case shall immediately inform the Board that the case has been terminated by the Court. After the decision of the Court has become final and executory, the remaining drugs or samples in the custody of the Chemist, if any, shall be turned over to the NBI Evidence Custodian under receipt for proper disposition/destruction, pursuant to the Order of the Court.
SECTION 6. Repeal of other Board Regulations - All Board Regulations inconsistent herewith shall be deemed modified or amended.
SECTION 7. This Regulation shall take effect upon its approval.
Adopted: 30 May 1996
Secretary of Health
Chairman, Dangerous Drugs Board
Attested By:
(SGD.) ATTY. MANUEL M. SUPNET, CESO II
Executive Director and Board Member