REGULATION GOVERNING THE DISPOSITION OF SEIZED OR CONFISCATED DANGEROUS DRUGS HAVING LEGITIMATE MEDICAL AND/OR THERAPEUTIC VALUE

Pursuant to the provisions of Section 36 of Republic Act No. 6425, as
amended, and to fully implement Section VI of Regulation No. 4, series
of 1972, of the Dangerous Drugs Board, the following regulations
governing the disposition of seized or confiscated dangerous drugs which
have legitimate medical and therapeutic value are hereby promulgated:

SECTION 1.       A committee composed of one physician
from the Department of Health, as Chairman, one chemist from the
National Bureau of Investigation (NBI), one chemist from the Philippine
Constabulary (PC) Crime Laboratory, and one pharmacist from the Food and
Drug Administration (FDA), as members all to be designated by the heads
of the agencies concerned, is hereby created to examine and classify
seized or confiscated dangerous drugs which are in the custody of the
NBI as Dangerous Drugs Custodian duly appointed by the Board, or of the
Philippine Constabulary.

SECTION 2.       The Committee shall meet as often as
necessary, at the call of the Chairman, to list the dangerous drugs in
custody and determine which of them have medical and/or therapeutic
value.  A monthly report of the committee enumerating and specifying the
quantity and quality of each drug shall be submitted to the Board, a
copy thereof being furnished to the Food and Drug Administrator, the
Director of the NBI, the Chief of the PC, and the Secretary of Health.

SECTION 3.       Upon receipt of the committee report, the
Dangerous Drugs Board shall cause the publication of the list of the
drugs which in its opinion are fit for human use and consumption, in a
newspaper of general circulation.  Any government institution or private
charitable organization duly authorized to deal in dangerous drugs,
having a need for the same for medical or research purposes, may apply
with the Chairman of the Dangerous Drugs Board for any of the listed
drugs.  The institutions and organizations whose requisitions are
approved by the Chairman of the Board may receive the said drugs in the
form of donation.

SECTION 4.       All useful drugs in the custody
of the Board which are not disposed of by way of donation shall be sold
by public auction to private enterprises duly authorized to deal in
dangerous drugs in such quantity, to be determined by the Board, as may
be needed by the buyer for its average consumption for one year.

Any undonated or unsold drugs in excess of the domestic need may be
exported by the Board under such conditions as may be prescribed in
agreements or conventions relating to dangerous drugs to which the
Philippines is a signatory.

Seized or confiscated drugs which are not disposed of within a
period of two (2) years from the date they are declared by the Board as
fit for human consumption or use shall be destroyed by burning.

SECTION 5.       All donees, whether private or
governmental, and all vendees residing in the Philippines, which receive
the drugs in accordance with the provisions of the two preceding
sections, shall be required to submit a monthly report to the Dangerous
Drugs Board, stating therein the amount of drugs consumed, for what
purposes used, the names of the patients, if any, to whom the drugs were
administered; and the names of the physicians in the employ of the
entity who dispensed the drugs; or the name of any personnel thereof who
utilized the drugs for research purposes.

SECTION 6.       For purposes of these regulations, an
entity duly authorized to deal in dangerous drugs is one which has a
license or permit to deal in dangerous drugs and complies with the
regulations governing transactions in dangerous drugs issued by the
FDA.  The FDA is hereby authorized to see to it that the entities
concerned regularly accomplish the monthly report required by these
regulations and that they make proper use of the drugs, and it shall for
this purpose have the power of inspection and visitation over the said
entities in respect of the use of the drugs so donated or sold.

SECTION 7.       This regulation shall take effect immediately, and supplements Board Regulation No. 4, series of 1972.

Adopted: 11 Dec. 1973

(SGD.) CLEMENTE S. GATMAITAN, M.D., M.P.H.
Chairman