OCA CIRCULAR NO. 51-2003, May 15, 2003

In view of the problems involving loss of dangerous drugs and
controlled chemicals while the same are in the custody of lower courts
during trial, the attention of trial court judges is hereby called to
the pertinent provisions of Dangerous Drugs Board Regulation No. 01,
dated 18 October 2002. Said regulation was issued pursuant to Section
21, Article II of the Implementing Rules and Regulations of RA 9165 and
Section 81 (b), Article IX of the same statute.

Section 5(a) of the aforementioned regulation provides that
“Designated dangerous drugs custodian and controlled chemical custodian
shall have respective control over safekeeping of substances in the
storage vaults/cabinets/areas.”

Section 6 of the same regulation provides for the procedure relative
to the early destruction of seized dangerous drugs and controlled
chemicals. It reads:

“Section 6. Early disposal of seized dangerous drugs and controlled
chemicals. a. After the filing of the criminal case, the court shall,
within seventy-two hours, conduct an ocular inspection of the
confiscated, seized, and/or surrendered dangerous drugs, plants sources
of dangerous drugs, and controlled chemicals, including the
instruments/paraphernalia and/or labdratory equipment.

b. Within twenty-four hours after the court inspection, the court
through the Philippine Drug Enforcement Agency (PDEA) shall proceed with
the destruction or burning or disposal of subject items. ‘

c. Prior to its destruction, representative samples shall be taken
and duly weighed and recorded b,y the forensic laboratory, which
conducted the exarriination of the seized drugs or controlled chemicals
for presentation as evidence in court. XXX

XXX

k. The alleged offender or his/her representative or counsel shall
be allowed to personally observe all the above proceedings. In case said
offender refuses or fails to appoint a representative after due notice
in writing to the accused or his/her counsel within seventy-two (72)
hours before the actual burning or destruction of the evidence in
question, the Secretary of Justice shall appoint a member of the public
attorney’s office to represent the former.

I. The Board, through the Director General of PDEA or Regional
Director of PDEA, as the case may be, shall issue a sworn certification
as to the fact of destruction or burning of the subject items, which
together with the representative sample(s) in the custody of PDEA, shall
be submitted to the court having jurisdiction over the case.

XXX

n. After the promulgation and judgment in the criminal case wherein
the representative samples were presented as evidence in court, the
trial prosecutor shall inform the Board of the final termination of the
case and, in turn, shall request the court for leave to turn over the
said representative samples to the PDEA for proper disposition and destruction within twenty-four (24) hours after receipt of the same.

XXX”

For your information and strict compliance.

15 May 2003.

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	PRESBITERO J. VELASCO, JR.
	Court Administrator