AMENDMENT TO BOARD REGULATION NO. 5, S. 1979 (RE: CONFISCATION AND/OR ESCHEAT OF LANDS AND/OR GREENHOUSES)

Pursuant to the powers vested in it by Section 36(a) of Republic Act
No. 6425, as amended, and in conformity with the amendments introduced
by B.P. Blg. 179 to Section 9 of said Act, the Dangerous Drugs Board
hereby amends Section 1 of Board Regulation No. 5, s. 1979 to read as
follows:

“SECTION 1.     Immediately upon seizure of Indian Hemp,
opium poppy ( papaver somniferum) or any other plant which is classified
as a dangerous drug or from which any dangerous drug may be
manufactured or derived, the apprehending team shall make a report of
such seizure indicating therein the following:

(a)     Identity of the owner/s of the greenhouse/s or land/s or portions thereof if privately owned;

(b)     Identity of person/s who planted, cultivated or cultured
the prohibited plants if planting, cultivation, or culture is not done,
or caused to be done by the owner/s; if caused to be done by persons
other than owner/s, the identity of such persons;

(c)     Location, technical description, evidence of ownership, if available, of the land/greenhouse/s involved;

(d)     Quantity and description of prohibited plants seized; and

(e)     Such other information necessary to strengthen the case
of the Government against owner/s of land/s or portions thereof or
greenhouse/s where prohibited plants were seized.

The apprehending team shall forward this report to the government
prosecutor concerned together with the physical evidence, if there be
any, for the institution of the appropriate proceedings in court for the
confiscation and/or escheat of said lands and/or greenhouses, copy
thereof furnished the Dangerous Drugs Board.

This Regulation shall take effect immediately.

Adopted: 20 Oct. 1982

(SGD.) J. C. AZURIN
(Minister of Health)
Chairman