PERPETUATION/PRESERVATION OF EVIDENCE IN DRUG RELATED CASES WHEN THE EVIDENCE IS VOLUMINOUS, EXPENSIVE AND IMPRACTICAL TO TRANSPORT

Pursuant to the powers vested in the Dangerous Drugs Board under
Section 36 (a) of Republic Act No. 6425, as amended, otherwise known as
the Dangerous Drugs Act of 1972 and in accordance with the decision
arrived at by the said Body in its meeting of July 21, 1981, the
following regulation is hereby prescribed:

SECTION 1.       In cases where the quantity of seized
marijuana or other wild or illicit growth of plants from which dangerous
drugs may be extracted is so voluminous and the place of seizure is so
inaccessible to ordinary means of transportation as to render extremely
difficult, expensive and impractical, the transport of the whole batch
of seizures to the proper laboratory for examination and custody
pursuant to Section 1 of Board Regulation, No. 3, series of 1979, the
procedures hereunder outlined shall be observed:

A.      Where marijuana or any other wild or illicit growth of
plants which can be sources of dangerous drugs are seized and there is
an apprehension made:

1.       There shall be a Field Inventory Committee which shall
inventory and photograph the seized plants after these are uprooted,
segregate some Two Hundred (200) full grown plants to be used as
evidence, and burn the rest in the presence of the apprehended person by
pouring gasoline or crude oil and igniting them until only the ashes
thereof remain.

2.       The Inventory Committee shall be composed of the following:

a.         As Chairman: Barangay Captain of the barangay
where the plants are seized, provided that he is not in any way involved
in the cultivation or culture thereof. If the barangay captain is
involved, then the ranking barangay council member shall be the
Committee Chairman.

b.         As Members: (1) Head of the apprehending team; (2)
Head Teacher of the Barangay Elementary School or duly authorized
representative.

B.      Where the marijuana or illicit growth of plants from
which dangerous drugs may be extracted are seized and no arrest is made:

1.       The Field Inventory Committee shall inventory,
photograph and burn all the seized plants.  The inventory and burning
shall be duly certified by the Field Inventory Committee as to
description, quantity, place and time of burning, and such other facts
as may be useful for prosecution and reward purposes in the event that
the person or persons responsible for the cultivation or culture are
subsequently arrested and prosecuted.

C.      Where the seized marijuana or other illicit growth of
plants are already being used as evidence in Court and the quantity of
the seized plants already under custody of the laboratory has reached
proportions beyond the capacity of the custodian to safely guard and
accommodate a proper storage facility:

1.       The drug custodian shall so inform the Executive Director.

2.       The Executive Director or his duly authorized
representative shall in turn request the prosecuting fiscal to file the
necessary petition in Court pursuant to the applicable provisions of the
Rules of Court for the inventory, burning, and photographing of seized
plants involved in the case after segregating such quantity thereof as
may be required by the Court to be preserved for the purpose of
evidence.

3.       The Executive Director of the Board shall request the
prosecuting fiscal for a copy of the action taken by the Court on the
motion filed.

4.       In such cases of perpetuation of evidence approved by
the Court, the inventory, photographing, and burning shall be done in
the presence of the Central Inventory and Disposition Committee created
by the Board for this purpose.

SECTION 2.       Reports of Inventory and Certificates of Destruction —

A.      After each inventory and burning performed under the
provisions of this Regulation, there shall be prepared by the Committee
concerned, a report of the inventory and a certification of destruction
which shall be signed by every committee member attesting to his
presence, the veracity of the inventory and the fact of burning.

1.       In cases where an apprehension is made at the time of
discovery and seizure of the plants, the apprehended person shall be
required to sign on the report of Inventory and the certificate of
burning.

2.       A certified true copy of these documents shall be furnished the Dangerous Drugs Board.

SECTION 3.       For the purposes of this Regulation the
plants seized shall be so photographed as to clearly show their roots,
thereby ensuring a clear projection of quantity.

SECTION 4.       All Board Regulations or portions thereof inconsistent herewith are hereby deemed revoked.

SECTION 5.       This regulation shall take effect after
fifteen (15) days following the completion of its publication in the
Official Gazette.

Adopted: 19 Aug. 1981

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