AMENDMENT OF BOARD REGULATION NO. 3, S. 1979 REQUIRING ALL OFFICERS OF THE CRIMINAL JUSTICE SYSTEM INVOLVED IN DRUG PREVENTION AND CONTROL TO REPORT ALL DRUG SEIZURES/CONFISCATI…

Whereas, the Senate Ad Hoc Committee on Illegal Drugs denounced that
Narcotics Enforcement officers are not reporting their drug seizures or
are submitting inaccurate quantities of drugs seized or confiscated by
them;

Whereas, the Committee denounced that these drugs are sold or recycled to the illicit market;

Whereas, Section 20 of R.A. 6425, amended, provides in part that —

“Any apprehending or arresting officer who misappropriates or
misapplies or fails to account for seized or confiscated dangerous drugs
or plant-sources of dangerous drugs or proceeds or instruments of the
crime as herein defined shall after conviction be sentenced to
imprisonment ranging from eight years and one day to twelve years and a
fine ranging from ten thousand to twenty thousand pesos in addition to
absolute perpetual disqualification. (As amended by B.P. Blg . 179 dated
March 2, 1982)”.

NOW, THEREFORE, the Dangerous Drugs Board, pursuant to its powers
under Section 36(a) of R.A. 6425, as amended, hereby prescribes the
following:

SECTION 1.       The Chief, Philippine
Constabulary/Director General, Integrated National Police, including the
Director, National Bureau of Investigation, and Heads of other law
enforcement agencies, shall see to it that all their narcotics
operatives shall submit to the Board accurate reports, with photographs
on drug seizures and confiscations, including instruments, apparatuses
and articles.

SECTION 2.       The accuracy of the seizure
reports shall be attested to and verified as true and correct by the
most ranking official of the agency before submitting same to the Board.

SECTION 3.       The Department of Justice shall monitor
drug related cases filed from prosecution to the courts together with
the final dispositions, whether the case resulted in conviction,
acquittal or dismissal, and shall periodically submit these to the
Board.

SECTION 4.       The Board or the Executive
Director or the Chief Legal Officer, or Chief, Control, Regulation and
Intelligence Division, or their duly authorized representatives shall
conduct spot check of drugs in the custody of the Philippine
Constabulary Crime Laboratory and the National Bureau of Investigation.

SECTION 5.       The Philippine Constabulary Crime
Laboratory and the National Bureau of Investigation shall submit to the
Board a quarterly inventory report of drugs in their legal custody,
subject to further verification by authorized officers of the Board.

SECTION 6.       The orders be issued immediately
by the above mentioned agencies to strictly implement this resolution,
furnishing the Board a copy thereof.

SECTION 7.       The apprehending team shall: (a) within
forty-eight (48) hours from the seizure inform the Dangerous Drugs Board
by telegram of said seizures, the nature and quantity thereof, and who
has present custody of the same, and (b) submit to the Board a copy of
the after mission investigation report within fifteen (15) days from
completion of the investigation.

SECTION 8.       It shall be the duty of the government
laboratory undertaking the qualitative and quantitative analysis of the
seized drugs and paraphernalia to furnish the Dangerous Drugs Board a
copy of its laboratory analysis report on a monthly basis.  The seized
or confiscated drugs and/or paraphernalia shall remain in the custody of
the evidence custodian of the apprehending unit or the laboratory
conducting the examination where the same is submitted, for purposes of
preserving chain of custody.  After the final termination of the case,
either by the law enforcement unit on the ground that no case has been
filed, no witnesses are available, no arrest is made or there is no
sufficient evidence to warrant prosecution; or by the fiscal or the
court, which may result either in a conviction, acquittal or dismissal,
the seized drugs or paraphernalia shall be turned over to the Dangerous
Drugs Custodian (NBI) for appropriate disposition in accordance with
existing regulations of the Board.

SECTION 9.       All Board regulations inconsistent with these provisions are hereby repealed or amended accordingly.

SECTION 10.    This Regulation shall take effect
after the completion of its publication in the Official Gazette and in a
newspaper of general circulation once a week for two (2) consecutive
weeks, whichever is earlier.

Adopted: 11 Jan. 1990

(SGD.) TOMAS P. MARAMBA, JR. M.D., M.H.A.
Vice-Chairman
(Undersecretary of Health for Standards and Regulation)