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WHEREAS, under Section 21 of RA 9165, the Philippine Drug Enforcement Agency (PDEA), which is the implementing arm of the Dangerous Drugs Board (DDB), 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;

WHEREAS, under Section 81 (b) of R.A. 9165, the Board is empowered to "Promulgate such rules and regulations as may be necessary to carry out the purposes of this Act. including the manner of safekeeping, disposition, burning or condemnation of any dangerous drug and/or controlled precursor and essential chemical under its charge and custody, prescribe administrative remedies or sanctions for the violations of such rules and regulations.

WHEREAS, records show that one of the major reasons for the dismissal of art cases is improper handling and custody of evidence;

WHEREAS, there is a need to improve and strengthen the inventory and tracking system of drug evidence in order to preserve its integrity and evidentiary value and a also to prevent pilferage and loss;

NOW THEREFORE, premises considered, the Board hereby promulgates the following Regulation instituting a Uniform Drug Inventory and Tracking System in all government forensic laboratories and evidence storage facilities;

Section 1- Coverage. This Regulation covers all government forensic laboratories and evidence storage facilities.

Section 2. Definition of Terms. The terms used in this Regulation are defined as follows:

a)	Agency - refers to a government agency with a forensic laboratory and/or evidence storage facility.
b)	Board- refers to the Dangerous Drugs Board.
c)	Chemist - refers to the person authorized to conduct forensic laboratory examination on dangerous drugs, controlled precursors and essential chemicals.
d)	Evidence - covers seized, discovered or surrendered dangerous, controlled precursors and essential chemicals, as well as drug instruments/paraphernalia and/or laboratory equipment.
e)	Evidence Custodian - refers to the person primarily responsible for the custody and safekeeping of evidence.
f)	Inventory - itemized list of evidence in custody.
g)	PDEA- refers to the Philippine Drug Enforcement Agency

Section 3. Procedure in the Custody and Safekeeping of Evidence. The following inventory control procedures shall be followed in the receipt, storage and release of evidence in government forensic laboratories and evidence storage facilities:

A. Turn-Over of Evidence by Apprehending Team to Government Forensic Laboratory

1. The duty Chemist or his/her duly authorized representative receives evidence with the accompanying letter-request of the apprehending team for the examination of seized dangerous drugs, controlled precursors and essential chemicals, drug instruments/ Paraphernalia and/or laboratory equipment. He/She prepares an Acknowledgment Receipt (Form A), in four (4) copies, for the evidence received. He/She gives the Original Copy (white) to the duly authorized representative of the apprehending team. He/She hen records the details of the said form in the Evidence Register (Form B) and fills up the Chain of Custody Form (Form C). The details of the Chain of Custody Form (Form ) are recorded in the Chain of Custody Form Register (Form D) and in the Evidence Register (Form B).
   
   
2. The duty Chemist conducts the examination of the evidence and thereafter prepares the Chemistry Report
   
   
3. After the examination, the duty Chemist turns over the evidence to the Custodian.
   
   
4. Upon turn-over of the evidence, the duty Chemist issues to the Evidence Custodian Turn-Over Receipt (Form E), the details of which are recorded in the Turn-Over Receipt Register (Form F) and Evidence Register (Form B). The Evidence Custodian in turn prepares a Receiving Report (Form G) for the evidence received and records the details in the Receiving Report Register {Form H) and in the Inventory Ledger (Form)
   
   
5. A Stock Card (Form J) is then prepared by the Evidence Custodian for every item of the evidence and records the details in the Stock Card Register (Form K).
   
   
6. The Evidence Custodian then stores the evidence in the evidence room.

B. Turn-Over of Evidence from the Court to PDEA

1. Upon receipt of a court order for the turn-over of evidence to the PDEA, a team, which includes a Chemist, is formed to pick up the evidence from the Court. The evidence is photographed, re-examined and re-weighed in the presence of the judge, prosecutor and defense counsel.
   
   
2. The Chemist issues an Acknowledgment Receipt (Form A) to the Court for the evidence received. He/She then records the details of the said form in the Evidence Register (Form B) and fills up the Chain of Custody Form (Form C). The details of the Chain of Custody Form (Form C) are recorded in the Chain of Custody Form Register (Form D) and in the Evidence Register (Form B). He/She then turns over the evidence to the Evidence Custodian.
   
   
3. Upon turn-over of the evidence, the duty Chemist issues to the Evidence Custodian a Turn-Over Receipt (Form E), the details of which are recorded in the turn-Over Register (Form F) and Evidence Register (Form B). The Evidence Custodian, in turn, prepares a Receiving Report (Form G) for the evidence received and records the details in the Receiving Report Register (Form H) and in the Inventory Ledger (Form I).
   
   
4. A Stock Card (Form J) is then prepared by the Evidence Custodian for every item of the evidence and records the details in the Stock Card Register (Form K).
   
   
5. The Evidence Custodian then stores the evidence in the evidence room.

C. Turn-Over of Evidence from Other Government Agencies to PDEA

1. The duty Chemist or his/her duly authorized representative receives evidence with the accompanying turn-over letter signed by a responsible official of the government agency He/She issues an Acknowledgment Receipt (Form A) for the evidence received to the duly authorized representative of the government agency. He/She then records the details of the said form in the Evidence Register (Form B) and fills up the Chain of Custody Form (Form C). The details of the Chain of Custody Form (Form C) are recorded in the Chain of Custody Form Register (Form D) and in the Evidence Register (Form B). He/She then turns over the evidence to the Evidence Custodian.
   
   
2. Upon turn-over of the evidence, the duty Chemist issues to the Evidence Custodian a Receipt (Form E), the details of which are recorded in the Turn-Over Register (form f) and Evidence Register (Form B). The Evidence Custodian, in turn, prepares a receiving Report (Form G) for the evidence received and records and details in the receiving Report Register (Form H) and in the Inventory Ledger (Form I).
   
   
3. A Stock Card (Form J) is then prepared by the Evidence Custodian for every item of the evidence and records the details in the Stock Card Register (Form K).
   
   
4. The Evidence Custodian then stores the evidence in the evidence room.

D. Release of Evidence Pursuant to a Court Order

1. Upon receipt of a court order for the release of the evidence for destruction, court presentation, or other purpose as indicated in the said order, the Evidence Custodian releases the subject evidence to the person duly authorized to receive the same. He/ She prepares the Withdrawal Slip (Form L) for the released evidence and records the details of the said form in the Withdrawal Slip Register (Form M). The recipient signs the covering Withdrawal Slip to acknowledge receipt of the evidence.
   
   
2. The details of the Withdrawal Slip are recorded in the corresponding Stock Card/s (Form J) and in the Inventory Ledger (Form I).

E. Release of Dangerous Drugs, Controlled Precursors and Essential Chemicals, Drug Instruments/Paraphernalia, and/or Laboratory Equipment No Longer Needed as Evidence

1. Upon receipt of the required PDEA license or permit under Section 8, Board Regulation No. 1, Series of 2002, for the release of dangerous drugs, controlled precursors and essential chemicals, drug instruments/paraphernalia, and/or laboratory equipment, the Evidence Custodian releases the subject items to the person duly authorized to receive the same. He/She prepares the Withdrawal Slip (Form L) for the released items and records the details of the said form in the Withdrawal Slip Register (Form M). The recipient signs the covering Withdrawal Slip to acknowledge receipt of the items.
   
   
2. The details of the Withdrawal Slip are recorded in the corresponding Stock Card/s (Form J) and in the Inventory Ledger (Form I).

F. Recording of All Court Exhibits

All Court exhibits are recorded in a Court Exhibit Register (Form N). This is kept and in the Evidence Room.

Section 4. Regular Physical Count The agencies concerned shall conduct a regular annual physical count of their respective drug inventory. Necessary measures shall be observed to preserve the integrity of the results of the physical count. The following procedure shall be followed in the conduct of the count:

A. Creation and composition of an Inventory Team:

An inventory count team shall be created which is composed of the following:

a)	Evidence Custodian;
b)	Assistant Evidence Custodian;
c)	Two (2) representatives from the National Bureau of Investigation (NBI);
d)	Two (2) representatives from the Philippine National Police Crime Laboratory Service (PNPCLS);
e)	Two (2) representatives from the Philippine Drug Enforcement Agency (PDEA) the designated senior official of which shall act as the Team Leader; and
f)	Photographer

B. Procedures Before the Count:

1. The concerned agency shall prepare adequate written instructions covering each phase of the physical inventory count including the designation of a Recorder and other personnel who will provide assistance during the count.
   
   
2. The agency shall adequately secure the location/storage room where the evidences are kept during the count.
   
   
3. The assigned Recorder shall prepare the inventory count sheets (Form P) and cut-off forms (Form O).
   
   
4. The Records Custodian shall prepare for reference and verification all the receiving reports, withdrawal slips, stock cards and their respective registers, chemistry reports and other pertinent documents covering the inventory.
   
   
5. The Assistant Evidence Custodian shall prepare and segregate inventory items to facilitate the counting.
   
   
6. Cut-off procedures shall be performed to ensure controls are in place over receiving and transfers during the physical inventory period. Daily retrievals or turn-over of evidences by Chemists shall be done before the start of the inventory proper and the details shall be recorded in the cut-off forms.

C. Procedures During the Count:

1. The Assistant Evidence Custodian shall announce the stock card number, case number chemistry report number and title and read the description of the evidence as reflected in the chemistry report. 2. The Evidence Custodian shall hand over the evidence to the PDEA representative for verification through the markings on the container.
   
   
2. The gross weight or quantity of the item shall betaken and recorded-
   
   
3. If there is no evidence handed over by the Evidence Custodian on the account of a previous retrieval made by the Chemist for court presentation or other purpose, Records Custodian will be required to present the documents indicating the proof of and the location of the item and the same will be noted by the Recorder.
   
   
4. The Evidence Custodian and the PDEA representative shall sign each completed sheet

D. Procedures After the Count:

1. Evidence Custodian shall compile the inventory sheets and ensure completeness of records.
   
   
2. The Team Leader shall hold a meeting to discuss observations, assess general compliance with proper count procedures, and reconcile any unusual differences of data.
   
   
3. The Evidence Custodian shall render an inventory summary report to be submitted to the head of the agency.
   
   
4. The Dangerous Drugs Board and the Philippine Drug Enforcement Agency shall be furnished a copy of the report.

E. Receipts and Releases During the Physical Count

Receipts and releases of evidence during the physical count shall be recorded in the Inventory Cut-Off Form (Form O). They are to be segregated in a secured place during the count.

Section 5. Accountable Forms to Be Used and Their Distribution. The following are the accountable forms that shall be used in the uniform drug inventory system under this Regulation:

1. Form A (Acknowledgment Receipt, ANNEX "A') - this is a pre-numbered form prepared in four (4) copies of different colors which is a receipt of the evidence received by the Laboratory. This is prepared by the receiving Chemist and copies of which are distributed as follows:
   
   White (Original)-given to the person turning over the evidence -
   
   Yellow (Duplicate)-Laboratory copy
   
   Pink (Triplicate)-Evidence Room copy
   
   Green (Quadruplicate) -PDEA copy
   
   
2. form B (Evidence Register, ANNEX "B") - this is a record of the evidence received by e Laboratory and its status. The entries are entered by the Chemist who received, examined and/or turned over the evidence to the Evidence Custodian. It also serves as the control register of the Acknowledgment Receipts which are to be recorded in consecutive order. It is kept and maintained in the Laboratory. The source documents of the Evidence Register are the following:
   
   1. Acknowledgment Receipt (Form A)
   
   2. Chain of Custody Form (Form C)
   
   3. Chemistry Report
   
   4. Turn-Over Receipt (Form D)
   
   
3. Form C (Chain of Custody Form, ANNEX "C) - this is a pre-numbered form in three(3) copies of different colors which is prepared by the receiving Chemist in the Laboratory upon receipt of the evidence. This form records the movements of the evidence a™ contains the names and signatures of the temporary custodians. Upon its final disposition, the copies of the form are distributed as follows:
   
   1. Yellow (original) - Laboratory copy
   
   2. Pink (duplicate) - Evidence Room copy
   
   3. Green (triplicate) - PDEA copy
   
   
4. Form D (Chain of Custody Form Register, ANNEX "D') -this is a record of all issued Chain of Custody Forms in consecutive order. This is kept and maintained in the Laboratory.
   
   
5. Form E (Turn-Over Receipt, ANNEX "E") - this is a pre-numbered form in three (3) copies of different colors which is prepared by the Examining Chemist upon turn-over of the examined evidence to the Evidence Custodian. The copies are distributed as follows:
   
   1. Yellow (original)-Laboratory copy
   
   2. Pink (duplicate) - Evidence Room copy
   
   3. Green (triplicate) - PDEA copy
   
   
6. Form F (Turn-Over Receipt Register, ANNEX "F') - this is a record of all issued Turn- Over Receipt Forms in consecutive order. This is kept and maintained in the Laboratory.
   
   
7. Form G (Receiving Report, ANNEX "G") - this is a pre-numbered form in three (3) copies of different colors which is prepared by the Evidence Custodian upon receipt of the evidence from the Laboratory. The copies are distributed as follows:
   
   1. Pink (original)-Evidence Room copy
   
   2. Yellow (duplicate) - Laboratory copy
   
   3. Green (triplicate) - PDEA copy
   
   
8. Form H (Receiving Report Register, ANNEX "H") - this is a record of all issued Receiving . Reports in consecutive order. This is kept and maintained in the Evidence Room.
   
   
9. Form I (Inventory Ledger, ANNEX T) - this is a record of the evidence in storage in the Evidence Room. It shows the receipts, releases and quantity of the evidence as of a certain date. The source documents are the following:
   
   1. Receiving Report (Form G)
   
   2. Withdrawal Slip (Form L)
   
   3. Stock Card (Form J)
   
   
10. Form J (Stock Card, ANNEX "J') - this is a pre-numbered form which records the receipts and releases of the evidence and the quantity in storage as of a certain date.
    
    A stock Card is prepared for every item of evidence.
    
    
11. Form K (Stock Card Register, ANNEX "K") - this is a record of all issued Stock Cards in consecutive order. This is kept and maintained in the Evidence Room.
    
    
12. Form (Withdrawal Slip, ANNEX "L") - this is a pre-numbered form in three (3) copies different colors which is prepared by the Evidence Custodian upon release of the evidence from the Evidence Room. It serves as the acknowledgment receipt of the person thorized to withdraw the evidence. The copies of the form are distributed as follows:
    
    White (original) - given to the person authorized to withdraw evidence
    
    Pink (duplicate)- Evidence Room copy
    
    Green (triplicate) - PDEA copy
    
    
13. Form M (Withdrawal Slip Register, ANNEX "M') - this is a record of ail issued Withdrawal Slips in consecutive order. This is kept and maintained in the Evidence Room.
    
    
14. Form N (Court Exhibit Register, ANNEX 7T) - this is a record of all court exhibits. This is kept and maintained in the Evidence Room.
    
    
15. Form O (Inventory Cut-Off Form, ANNEX "Q')- this is a form in two (2) copies which records the receipts and releases of evidence in the Evidence Room during a physical count. The copies of the form are distributed as follows: White (original) - Evidence Room copy Green (duplicate) - PDEA copy
    
    
16. Form P (Inventory Count Sheet, ANNEX "P") - this is a form in four (4) copies which records the physical count of the evidence. The copies are distributed as follows:
    
    Original-Agency copy
    
    Duplicate-PDEA copy
    
    Triplicate-other participating Agency copy
    
    Quadruplicate-other participating Agency copy

Section 6. Penalty Clause. Any violation of this Regulation shall be penalized

Section 32 of R.A. 9165.

Section 7. Separability Clause. If for any reason any section or provision of this Regulation, or any portion thereof, or the application of such section, provision or portion thereof to any person, group or circumstance, is declared invalid or unconstitutional, the remainder of this Regulation shall not be affected and shall remain in force and effect.

Section 8. Repealing Clause. All Board regulations and other issuances inconsistent 'his Regulation are hereby superseded or modified accordingly.

Section 9. Effectivity. This Regulation shall take effect fifteen (15) days after its publication in two (2) newspapers of general circulation and after its registration with the Office of the National Administrative Register (ONAR), UP Law Center, Quezon City.

Adopted: 11 Dec 2007

(SGD.) Secretary ANSELMO S. AVENIDO, JR.
Chairman, Dangerous Drugs Board

Attested by:

(SGD.) Undersecretary EDGAR C. GALVANTE
Secretary of the Board