AMENDMENT OF BOARD REGULATION NO. 4, SERIES OF 1972, PRESCRIBING THE PROCEDURES IN THE CUSTODY OF SEIZED PROHIBITED AND REGULATED DRUGS, INSTRUMENTS, APPARATUS, AND ARTICLES SPE…

Pursuant to the provisions of Section 36 of Republic Act No. 6425, as
amended, particularly paragraphs (a) and (b) thereof relative to the
manner of safekeeping, disposition, burning or condemnation of dangerous
drugs under its custody, and of taking charge and custody of all
dangerous drugs seized, confiscated by, or surrendered to any national,
provincial, or local law enforcement agency, Board Regulation No. 4,
series of 1972 is hereby amended to read as follows:

SECTION 1.       All prohibited and regulated drugs,
instruments, apparatus, and articles specially designed for the use
thereof when unlawfully used or found in the possession of any person
not authorized to have control and disposition of the same, or when
found secreted or abandoned, shall be seized or confiscated by any
national, provincial or local enforcement agency.  Any apprehending team
having initial custody and control of said drugs and/or paraphernalia
should, immediately after seizure or confiscation, have the same
physically inventoried and photographed in the presence of the accused,
if there be any, and/or his representative, who shall be required to
sign the copies of the inventory and be given a copy thereof.  The
apprehending team shall, within twenty-four hours from seizure, inform
the Dangerous Drugs Board by telegram of said seizure, the nature and
quantity thereof, and present custody of the same.

Within ten (10) days from the date of seizure or confiscation, the
apprehending team shall submit to the Board a detailed report which
shall be accomplished on the form entitled: REPORT ON AN ILLICIT
NARCOTICS TRANSACTION OR SEIZURE (DDB Form No. 4-72).  The apprehending
team shall, within the same period turn over to the Dangerous Drugs
Board Custodian (NBI) the seized or confiscated drugs, from which
adequate representative samples shall be taken and retained by the
apprehending team for purposes of evidence in the appropriate judicial
proceedings.

SECTION 2.       All national, provincial, or local law
enforcement agencies which shall assign personnel on intelligence
missions in the enforcement of the Dangerous Drugs Act of 1972 shall,
within ten (10) days from the assignment of such personnel, submit a
sealed confidential report to the Chairman of the Board specifying the
name or names of the personnel in mission, his field of assignment, and
the nature and amount of dangerous drugs issued to him for use in his
intelligence work.  In case the team leader recruits additional
informants in the field, the names of such informants should be reported
immediately to the agency for transmittal to the Dangerous Drugs Board
in a sealed envelop.  The sealed reports shall be opened only if a
question should arise as to the integrity of the mission or the members
thereof.

SECTION 3.       During the pendency of the case in court,
the seized prohibited and regulated drugs, instruments, apparatus, and
articles specially designed for the use thereof, forming part of the
evidence, shall be under the custody of the examining government chemist
or analyst who shall be appearing as expert witness in the prosecution
of the case.

SECTION 4.       During the same period (pendency of the
case in court), the officer on the case (team leader of the apprehending
team), shall from time to time apprise the Dangerous Drugs Board of the
status and progress of the prosecution of the case.

SECTION 5.       Within ten (10) days from the date of the
promulgation of sentence, be it acquittal or conviction of the accused,
the chemist or analyst in possession of the evidence drugs,
instruments, apparatus, and articles, through the head of his/her Agency
or Office shall turn over the same to the Dangerous Drugs Custodian
(NBI) as appointed by the Board.  In this connection, the proper court
shall see to it that an order to this effect is always embodied in its
decision.  The seized drugs, instruments, apparatus, and articles shall
be properly packed, marked and labelled before the same are turned over
to the Dangerous Drugs Custodian (NBI).

SECTION 6.       All prohibited and regulated drugs,
instruments, apparatus, and articles specially designed for the use
thereof, turned over to the Dangerous Drugs Custodian (NBI), shall be
properly receipted for by said Custodian.

SECTION 7.       The Dangerous Drugs Board shall forthwith
examine and classify the turned over dangerous drugs and/or articles
with the end in view of determining whether the same have legitimate
medical or therapeutic value, in which case the Secretary of Health
shall dispose of them in the best interest of the government, whether
locally or in some foreign countries or to responsible persons or
entities duly authorized by law or under international agreement to deal
in them.  Those dangerous drugs or articles which are not included in
the foregoing, shall be destroyed by burning in the boiler furnace of
the San Lazaro Crematory or in the City Crematory, whichever may be
convenient or feasible.  The burning or destruction of the same shall be
witnessed by at least two (2) members of the Board or their duly
authorization representatives.

SECTION 8.       The Dangerous Drug Custodian (NBI) of the
Board shall make certified reports to the President of all drugs,
instruments, and apparatus destroyed or otherwise disposed of, a copy of
said reports being furnished the Secretary of Health, Secretary of
Justice, Secretary of National Defense, the Secretary of Finance, and
the Auditor General.

SECTION 9.       This Regulation shall take effect immediately.

Adopted: 13 Nov. 1974

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