OCA CIRCULAR NO. 53-2007, May 21, 2007

Pursuant to Section 21 of Republic Act No.
9165,otherwise known as “The Comprehensive Dangerous Drugs Act of 2002”,
the Dangerous Drugs Board had issued Board Resolution No. 1, Series of
2007, prescribing the guidelines on the disposition of confiscated,
seized and/or surrendered dangerous drugs, plant sources of dangerous
drugs, controlled precursors and essential chemicals,
instruments/paraphernalia, and/or laboratory equipment in connection
with cases under investigation, preliminary investigation or
reinvestigation.

Copy of the said Board Resolution is attached for your reference and guidance.

For strict compliance.

May__21__ 2007.

WHEREAS, under Section 81 (b) of the
Comprehensive Dangerous Drugs Act of -02 (R. A. 9165), the Dangerous
Drugs Board is given the power to promulgate rules ‘i
regulations for, among others, the safekeeping, disposition, burning or condemnation of any dangerous drug and/or controlled precursor and
essential Chemical under its charge and custody, and prescribe
administrative remedies or notions for the violations of such rules and
regulations;

WHEREAS, while the Dangerous Drugs Board has set
the guidelines on the custody and disposition of seized dangerous drugs,
controlled precursors and essential chemicals, and laboratory equipment
in Board Regulation No. 1, Series of 2002, in relation to Section 21 of
R.A. 9165, the said regulation, however, only covers positions in
connection with cases already filed in court, and instances where no
person is apprehended and no criminal case is filed;

WHEREAS, there is absence of a
clear regulation covering dispositions on cases under investigation by
drug law enforcement units, preliminary investigation or drugs and
controlled prosecutors and essential chemicals in government forensic
laboratories;

WHEREAS, with the lack of
adequate storage facilities in government forensic laboratories, this
large inventory of dangerous drugs and controlled precursors and
essential chemicals is exposed to pilferage and loss;

NOW, THEREFORE, be it resolved,
as it is hereby resolved, that the Dangerous ; Board promulgate this
Regulation Governing the Disposition of Confiscated, Seized and/or
Surrendered Dangerous Drugs, Plant Sources of Dangerous Drugs,
Controlled Precursors and Essential Chemicals,
Instruments/Paraphernalia, and/or Laboratory Equipment in Connection
with Cases under Investigation, Preliminary Investigation or Reinvestigation:

Section 1. Definition of Terms. The following are the definitions of terms used : Regulation:

Board- the Dangerous Drugs Board.

Controlled precursors and essential chemicals
– include those listed in Tables I and II of the 1988 UN Convention
against Illicit Traffic in Narcotic Drugs and Psychotropic Substances
and made an integral part of RA 9165, as well as those classified as
such by the Dangerous Drugs Board.

Court – the Regional Trial
Court where the petition for destruction is filed, or the court which
issued the search warrant and where the motion for destruction is filed.

Dangerous drugs – include those listed in the
Schedules annexed to the 1961 Single Convention on Narcotic Drugs, as
amended by the 1972 Protocol, and in the Schedules annexed to the 1971
Single Convention on Psychotropic Substances and made an integral part
of RA 9165,as well as those classified as such by the Dangerous Drugs
Board.

DENR – the Department of Environment and Natural Resources. DOJ – the Department of Justice.

Forensic laboratory – refers to the laboratory
being maintained by the Philippine National Police, the National Bureau
of Investigation or the Philippine Drug Enforcement Agency.

Investigation – refers to the investigation
conducted by the drug law enforcement unit before a case is filed with
the DOJ or Prosecutor’s Office for Inquest or Preliminary Investigation.

Laboratory equipment – means a paraphernalia,
apparatus, material or appliance when used, intended for use or designed
for use in the manufacture of any dangerous drug and/or controlled
precursor and essential chemical , such as reaction vessel,
preparative/purifying equipment, fermentor, separatory funnel, heating
mantle, gas generator, hydrogenator and scrubber, or their substitute.

MSDS – means Material Safety Data Sheet. It
provides necessary information with regard to proper storage and safe
handling procedures, first aid procedures, proper leak, spill and
disposal techniques, protective equipment, and other safety procedures
used to limit potential exposure to toxic or hazardous materials and
other information such as hazardous ingredients, physical and chemical
characteristics, physical hazards and heath hazards.

PDEA-the Philippine Drug Enforcement Agency.

Preliminary Investigation – is an inquiry or
proceeding conducted by the DOJ or Prosecutor’s Office for the purpose
of determining whether there is a sufficient ground to engender a
well-founded belief that a crime cognizable by the Regional Trial Court
has been committed and that the respondent is probably guilty thereof
and should be held for trial.

R.A. 9165 – the Comprehensive Dangerous Drugs Act of 2002.

Reinvestigation – refers to a new Preliminary Investigation conducted by the DOJ or Prosecutor’s Office upon order of the Trial Court.

Trial Court – the court where the criminal case for violation of R.A. 9165 is filed.

Section 2. Coverage. This
Regulation shall cover dispositions of dangerous = controlled precursors
and essential chemicals, instruments/paraphernalia and/or story
equipment confiscated, seized and/or surrendered for violation of R.A.
9165 ‘ are under investigation by drug law enforcement units,
preliminary investigation “investigation pursuant to a court order.

Section 3. Disposal of Seized Dangerous
Drugs, Controlled Prosecutors and Essential Chemicals,
Intruments/Prarphernalia, and/or Laboratory Equipment. Dangerous
drugs, controlled prosecutors and essential chemicals, instruments/paraphernalia and/or laboratory equipment confiscated, seized
and/or surrendered and covered by this Regulation shall be disposed of
as follows:

1. Upon the receipt of the final certification of the forensic
   laboratory examination results issued by the government forensic
   laboratory, pursuant to Section 21 of R.A. 9165 and Section 4 of Board
   Regulation No, 1, Series of 2002, the PDEA may file a petition for the
   immediate destruction of the confiscated, seized and/or surrendered
   dangerous drugs, plant sources of dangerous drugs, controlled precursors
   and essential chemicals, instruments/paraphernalia and/or laboratory
   equipment with the Regional Trial Court presided by the Executive Judge
   of the province or city where the confiscation, seizure and/or surrender
   took place. If the confiscation, seizure or surrender was by virtue of a
   search warrant, the appropriate motion shall be filed with the Court
   which issued the said search warrant. In both instances, the petition or
   motion shall be filed with the prior written conformity of the
   Provincial or City Prosecutor which shall be indicated in the pleading.
   The trial court where the criminal case is subsequently filed shall take
   judicial notice of the proceedings thereof.

2. After the filing of the petition or motion, as the case may be,
   the Court shall, within seventy-two hours, conduct an ocular inspection
   of the confiscated, seized, and/or surrendered dangerous drugs, plant
   sources of dangerous drugs, controlled precursors and essential
   chemicals, instruments/paraphernalia, and/or laboratory equipment.

3. Within twenty-four hours after the Court inspection, the Court
   through the PDEA shall proceed with the destruction or burning or
   disposal of subject items.

4. Prior to their destruction, representative samples of dangerous
   drugs, plant sources of dangerous drugs, and controlled precursors and
   essential chemicals shall be taken and duly weighed and recorded by the
   forensic laboratory which conducted the examination for presentation as
   evidence in the trial court. Maximum quantities of samples to be
   retained are as follows:

   (1)

   Controlled Precursors and Essential Chemicals

   a) not more than 2.5 liters for liquid chemicals;
   b) not more than 10 grams for non-liquid chemicals;
   c) where the chemical is in its original container, samples to
   be retained shall not be more than one container, e.g. glass bottle or
   can or polyethylene container or barrel or drum.

   (2) Dangerous Drugs

   a) not more than fifteen (15) grams each of heroin or
   morphine or opium or cocaine or other dangerous drugs such as, but not
   limited to, MDMA or LSD or PMA or GHB or TMA or marijuana resin or
   marijuana resin oil;
   b) not more than fifty-five (55) grams of methamphetamine or amphetamine;
   c) not more than 510 grams of marijuana leaves;
   d) not more than ten (10) plants of opium poppy, coca bush, ephedra or marijuana;
   e) not more than fifteen (15) grams of other dangerous drugs.

5. Where the amount of seized dangerous drugs, plant sources of
   dangerous drugs, and controlled precursors and essential chemicals is
   equal to or less than the prescribed amount of retention above, all the
   seized items shall be preserved as evidence in court.
6. In all cases involving chemicals, the PDEA officer in charge of
   their disposal should also refer to their MSDS for further guidance on
   safe handling and
   disposal.
7. Dangerous drugs and controlled precursors and essential chemicals shall be disposed of by means of the following methods:
   

   1) Thermal destruction method in accordance with applicable
   laws. The PDEA may engage the professional services of third parties
   with thermal facilities covered by valid and subsisting permits and
   clearances issued by appropriate government agencies; or

   2) Other lawful appropriate methods as may be authorized by the Board, in consultation with the DENR.

8. Plant sources of dangerous drugs, such as marijuana plant, shall
   be destroyed by burning on the site of eradication activity and in open
   field. Thereafter, the burnt marijuana plant shall be buried
   underground.

9. Witnesses may be allowed to observe the procedures for the
   conduct of destruction or disposal of seized dangerous drugs or
   controlled precursors and essential chemicals. Witnesses shall wear
   “dust mask”. During the start of marijuana plant destruction, witnesses
   should stay at a distance of no less than fifty (50) meters from the
   destruction site and away from wind direction. In case of destruction in
   a thermal facility, witnesses should stay no less than fifteen (15)
   meters away from the facility when the burning starts. In this regard,
   the PDEA officer supervising the destruction will make the judgment
   call.
10. The PDEA shall maintain a watch detail until the destruction process is completed.
11. Destruction or disposal or burning of seized dangerous drugs,
    plant sources of dangerous drugs, controlled precursors and essential
    chemicals, instruments/paraphernalia, and/or laboratory equipment shall
    be done in public and witnessed by the following:

    1) the respondent/accused or his/her representative or
    counsel or a member of the Public Attorney’s Office appointed by the
    Secretary of Justice;

    2) a representative from the media;

    3) a representative from the DOJ;

    4) a representative from civil society groups; and

    5) any elected public official.

12. The respondent/accused or his/her representative or counsel
    shall be allowed to personally observe all the above proceedings. In
    case he/she refuses or fails to appoint a representative after due
    notice in writing to him/her 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 respondent/accused.

13. The Board, through the Director General of the PDEA or Regional
    Director of the PDEA, as the case may be, shall issue a sworn
    certification as to the fact of destruction or burning of the subject
    items which shall be submitted to the Court hearing the petition or
    motion and a copy of which, certified to by the clerk of court, shall be
    submitted to the trial court where the criminal case is subsequently
    filed together with the representative samples in the custody of the
    PDEA.

14. The cost of distribution or destruction of seized dangerous
    drugs, controlled precursors and essential chemicals, and/or equipment
    shall be borne by the respondent/accused.

15. After the promulgation of judgment in the criminal case,
    the trial prosecutor shall inform the Board of the final termination of
    the case and, in turn, shall request the trial court for leave to turn
    over the said representative samples, including any
    instrument/paraphernalia and/or laboratory equipment, to the PDEA for
    proper disposition and destruction within twenty-four (24) hours after
    receipt of same.

Section 4. Disposal for scientific, medical and training purpose.
Disposal of seized dangerous drugs, controlled precursors and essential
chemicals, instruments/paraphernalia and/or laboratory equipment for
scientific, medical and fining purpose shall be in accordance with
Section 8 of Board Regulation No. 1, Series of 2002.

Section 5. Penalty Clause. Any violation of this Regulation shall be penalized tunder Section 32 of R.A. 9165.

Section 6. 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 /constitutional, the remainder of
this Regulation shall not be affected by such declaration and shall remain
in force and effect.

Section 7. Repealing Clause. All Board regulations or other issuances inconsistent with this Regulation are hereby superseded or modified accordingly.

Section 8. Effectivity – This Regulation shall
take effect fifteen (15) days after publication in two (2) newspapers of
general circulation and after its registration with the Office of the National Administration Registry (ONAR).

ADOPTED and APPROVED this __20^th__ day of March , in the year of Our Lord, 2007 in Quezon City .

Attested by: