Amending R.A. No. 9165 (Comprehensive Dangerous Drugs Act of 2002)

Sentate • Dffice of the Securtary TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES JAN 13 P2:34 First Regular Session ) RECEIVED BY: SENATE 1661 S. No._ Introduced by Senator Raffy T. Tulfo AN ACT AMENDING REPUBLIC ACT NO. 9165, AS AMENDED, OR OTHERWISE KNOWN AS AN ACT INSTITUTING THE COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002, PROVIDING FUNDS THEREFOR, AND FOR OTHER PURPOSES EXPLANATORY NOTE Republic Act No. 9165, otherwise known as the "Comprehensive Dangerous Drugs Act of 2002, "was enacted to strengthen the country's campaign against the production, trafficking, and abuse of dangerous drugs. Over the years, this law has been instrumental in shaping the national policy on drug prevention and control. However, the evolving nature of illegal drug operation combined with the emergence of new methods of concealment and distribution have revealed the need to further refine the Act to ensure greater efficiency. Republic Act No. 10640, enacted in 2014, sought to address issues surrounding the chain of custody rule in drug cases by amending Section 21 of R.A. No. 9165. While this amendment helped clarify the handling of seized evidence, persistent challenges in evidence management among law enforcement agencies still continue to weaken successful prosecution and conviction rates. In which these shortcomings have too often led to the dismissal of cases, undermining the hard work of law enforcement and weakening public trust in the justice system.

This bill seeks to further strengthen the government's anti-drug framework by enhancing the operational capacity and efficiency of the Philippine Drug Enforcement Agency (PDEA) by refining key provisions of the law to ensure greater accountability and operational support. To this end, the bill promotes the proper preservation and disposition of seized drugs and non-drug evidence, empowers agencies to efficiently manage confiscated assets, and supports the professional and organizational development of the PDEA to meet the growing challenges of drug enforcement. Through these amendments, this bill aims to close existing loopholes that impede drug-related convictions and reinforce the integrity of the entire criminal justice process; expressing the importance of having a system that is both firm and fair, one that upholds due process while remaining relentless in dismantling illegal drugs. In view of the foregoing, the immediate passage of this bill is earnestly sought. RAFFY T. TULFO sag

Senate an Office of the coccretary TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session SENATE S. No. 1661 Introduced by Senator Raffy T. Tulfo AN ACT AMENDING REPUBLIC ACT NO. 9165, AS AMENDED, OR OTHERWISE KNOWN AS AN ACT INSTITUTING THE COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002, PROVIDING FUNDS THEREFOR, AND FOR OTHER PURPOSES Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Section 1. Section 20 of Republic Act (R.A.) No. 9165, as amended, is hereby

amended to read as follows: "SECTION 20. Confiscation and Forfeiture of the Proceeds or Instruments of the Unlawful Act, Including the Properties or Proceeds Derived from the Illegal Trafficking of Dangerous Drugs and/or Precursors and Essential Chemicals. - Every penalty imposed for the unlawful importation, sale, trading, administration, dispensation, delivery, distribution, transportation or manufacture of any dangerous drug and/or controlled precursor and essential chemical, the cultivation or culture of plants which are sources of dangerous drugs, and the possession of any equipment, instrument, apparatus and other paraphernalia for dangerous drugs including other laboratory equipment, shall carry with it the confiscation and forfeiture, in favor of the (government) AGENCY OF THE OPERATING UNITS TO AUGMENT ITS RESOURCES IN THE CAMPAIGN AGAINST ILLEGAL DRUGS, (of all the

proceeds and properties) ALL MOTOR VEHICLES derived from the unlawful act, including, but not limited to, (money and other assets obtained thereby, and the instruments or tools) MOTOR VEHICLES with which the particular unlawful act was committed, unless they are the property of a third person not liable for the unlawful act, but those which are not of, SHALL BE PLACED AT THE DISPOSAL OF PDEA PROVIDED, THAT VEHICLES NOT OF lawful commerce shall be ordered destroyed without delay pursuant to the provisions of Section 21 of this Act. ALL OTHER ITEMS SEIZED DURING OPERATIONS WHICH CONSTITUTE EVIDENCE SHALL BE SURRENDERED TO THE PROPER EVIDENCE CUSTODIAN OF THE PDEA OR THE DESIGNATED EVIDENCE MANAGEMENT UNIT PURSUANT TO SECTION 21, WHILE ITEMS NOT CONSIDERED EVIDENCE SHALL BE TURNED OVER TO THE APPROPRIATE GOVERNMENT DEPOSITORY OR STORAGE FACILITY AS DETERMIND BY EXISTING REGULATIONS. (After conviction in) IN CASE OF CONVICTION, the Regional Trial Court (in the appropriate criminal case filed, the Court shall immediately schedule a hearing for) SHALL INCLUDE IN ITS DECISION the confiscation and forfeiture of all the proceeds AND INSTRUMENTS IN THE COMMISSION of the offense (and all the assets and properties of the accused either owned or held by him or in the name of some other persons if the same shall be found to be manifestly out of proportion to his/her lawful income: Provided, however, That if the forfeited property is a vehicle, the same shall be auctioned off not later than five (5) days upon order of confiscation or forfeiture.) IN FAVOR OF THE AGENCY OF THE OPERATING UNITS. MOREOVER, PROPERTIES AND ASSETS THAT ARE MANIFESTLY OUT OF PROPORTION TO THE LAWFUL INCOME OF THE ACCUSED MAY BE THE SUBJECT OF SEPARATE ACTION OR PROCEEDING.

During the pendency of the case in the Regional Trial Court, no property, or income derived therefrom, which may be confiscated and forfeited, shall be disposed, alienated or transferred and the same shall be in custodia legis and no bond shall be admitted for the release of the same. FURTHER, IN THE MAINTENANCE AND CUSTODY OF NON- DRUG EVIDENCE (NDEV), SEIZED OR CONFISCATED FROM ANTI- ILLEGAL DRUG OPERATIONS, THE AGENCY OF THE OPERATING UNIT CONCERNED SHALL ESTABLISH ITS OWN NDEV FACILITY."

Sec. 2. Section 21 of R.A. No. 9165, as amended, is hereby further amended to

read as follows: " SECTION 21. Custody and 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. - The PDEA shall take charge and have custody of all dangerous drugs, plant sources of dangerous drugs, controlled precursors and essential chemicals, as well as instruments/paraphernalia and/or laboratory equipment so confiscated, seized and/or surrendered, for proper disposition in the following manner: (1) The apprehending team having initial custody and control of the dangerous drugs, controlled precursors and essential chemicals, instruments/paraphernalia and/or laboratory equipment shall, immediately WITHIN A REASONABLE TIME after seizure and confiscation, conduct MARKING AND a physical inventory of the seized items and photograph the same in the presence of the accused or the person/s from whom such items were confiscated and/or seized, or his/her representative or counsel, with an elected public official OR A DULY AUTHORIZED and a representative of the National Prosecution Service or the media who shall be required to sign the copies of the inventory and be given a copy thereof: Provided, That the MARKING, physical inventory and photograph shall be conducted at the place where the search warrant is

served; OR IN CASE OF WARRANTLESS SEIZURES, AT THE PLACE OF SEIZURE, or at the nearest police station or at the nearest office of the apprehending officer/team, whichever is practicable; (in case of warrantless seizures:) Provided, finally, FURTHER, That noncompliance of WITH these (requirements under justifiable grounds, as long as the integrity and the evidentiary value of the seized items are properly preserved by the apprehending officer/team,) shall not render void and invalid such seizures and custody over said items, AS LONG AS JUSTIFIABLE GROUNDS ARE STATED IN THE AFFIDAVIT OF THE APPREHENDING TEAM; (2) Within twenty-four (24) hours upon confiscation/seizure of dangerous drugs, plant sources of dangerous drugs, controlled precursors and essential chemicals, as well as instruments/paraphernalia and/or laboratory equipment, the same shall be submitted to the (PDEA Forensic Laboratory for a qualitative and quantitative examination;) FORENSIC LABORATORY OF THE APPREHENDING TEAM OR OTHER LAW ENFORCEMENT FORENSIC LABORATORY FOR THE EXAMINATION AND IDENTIFICATION OF THE SUBJECT SUBSTANCE; xxx (4) After the filing of the criminal case, the Court shall, within seventy-two (72) hours, conduct an ocular inspection of the confiscated, seized and/or surrendered dangerous drugs, plant sources of dangerous drugs, and controlled precursors and essential chemicals, including the instruments/paraphernalia and/or laboratory equipment, and through the PDEA shall within (twenty four (24) hours) A REASONABLE TIME thereafter proceed with the destruction or burning of the same, in the presence of the accused or the person/s from whom such items were confiscated and/or seized, or his/her representative or counsel, a representative from the media and the DOJ, civil society groups and any elected public official. The Board shall draw up the guidelines on the

manner of proper disposition and destruction of such item/s which shall be borne by the offender: Provided, That those item/s of lawful commerce, as determined by the Board, shall be donated, used or recycled for legitimate purposes: Provided, (further,) That a representative sample, duly weighed and recorded is retained. xxx (7) (After the promulgation and judgment in the criminal case wherein the representative sample/s was presented as evidence in court, the triat prosecutor shall inform the Board of the final termination of the case and, in turn, shall request the court for leave to turn over the said representative sample/s to the PDEA for proper disposition and destruction within twenty four (24) hours from receipt of the same; and) THE SAME REQUIREMENTS ON MARKING, INVENTORY, AND PHOTOGRAPH SHALL APPLY ON SEIZURES, CONFISCATIONS, AND SURRENDERED DANGEROUS DRUGS WHERE NO PERSON IS APPREHENDED AND NO CASE IS FILED. THE SAME SHALL BE TURNED OVER TO THE PDEA WITHIN TWENTY-FOUR (24) HOURS FOR DESTRUCTION OR BURNING. HOWEVER, IN CASE THE OPERATING UNIT IS STILL CONDUCTING AN INVESTIGATION FOR THE POSSIBLE FILING OF A CASE, REPRESENTATIVE SAMPLES SHALL BE TAKEN AND RETAINED BY THE OPERATING UNIT AS EVIDENCE, PURSUANT TO EXISTING LAWS, RULES, REGULATIONS, WHILE THE REST SHALL BE TURNED OVER TO PDEA FOR DESTRUCTION. SUBJECT TO THE APPROVAL OF THE PDEA DIRECTOR GENERAL, REPRESENTATIVE SAMPLES MAY BE RETAINED BY THE PDEA FOR PURPOSES OF TRAININGS OF FORENSIC PERSONNEL AND K-9 UNITS, RESEARCH, DRUG PROFILING, AND OTHER LAWFUL

PURPOSES. PROVIDED, THAT WHEN THERE IS A CASE PENDING BEFORE THE REGIONAL TRIAL COURT, THE TAKING OF REPRESENTATIVE SAMPLES SHALL BE UPON THE APPROVAL OF THE COURT. (8) (Fransitory Provision: a) Within twenty four (24) hours from the effectivity of this Act, dangerous drugs defined herein which are presently in possession of law enforcement agencies shall, with leave of court, be burned or destroyed, in the presence of representatives of the Court, DO], Đepartment of Health (DOH) and the accused/and or his/her counsel, and, b) Pending the organization of the PDEA, the custody, disposition, and burning or destruction of seized/surrendered dangerous drugs provided under this Section shall be implemented by the DOH.) FOR THE EFFICIENT IMPLEMENTATION OF THE ABOVE PROVISIONS, THE PDEA SHALL ESTABLISH ITS OWN DESTRUCTION FACILITY FOR PROPER DISPOSITION OF DANGEROUS DRUGS AND/OR CONTROLLED PRECURSORS AND ESSENTIAL CHEMICALS.

Sec. 3. Section 83 of R.A. No. 9165, as amended, is hereby further amended to

read as follows: "Section 83. Organization of the PDEA. - The present Secretariat of the National Drug Law Enforcement and Prevention Coordinating Center as created by Executive Order No. 61 shall be accordingly modified and absorbed by the PDEA. The Director General of the PDEA shall be responsible for the necessary changes in the organizational set-up which shall be submitted to the Board for approval. For purposes of carrying out its duties and powers as provided for in the succeeding Section of this Act, the PDEA shall have the following Services, namely: Intelligence and Investigation; International Cooperation and Foreign Affairs; Preventive Education and Community Involvement; Plans and Operations; Compliance; Legal and Prosecution; Administrative and Human Resource; Financial Management; Logistics Management; and Internal Affairs:;

INTELLIGENCE; CYBERCRIME INFORMATION TECHNOLOGY; INVESTIGATION; PLANS; OPERATIONS; GENERAL SUPPORT; LABORATORY; PUBLIC INFORMATION; AND SPECIAL ENFORCEMENT. THE PERSONNEL OF PDEA SHALL ENJOY ALL THE SALARIES, ALLOWANCES, BENEFITS, AND PRIVILEGES BEING ENJOYED BY THE UNIFORMED AND NON-UNIFORMED PERSONNEL OF THE PHILIPPINE NATIONAL POLICE (PNP). The PDEA shall ALSO establish and maintain regional offices in the different regions (of the country, PROVINCES, COMPONENT CITIES, HIGHLY URBANIZED CITIES, CITIES/MUNICIPALITIES, which shall be responsible for the implementation of this Act and the policies, programs, and projects of said agency in their respective (regions) AREAS. XXX

Sec. 4. Section 84 of Republic Act No. 9165, as amended, is hereby further

amended to read as follows:

Section 84. Powers and Duties of the PDEA. -

XXX (c) Administer oath, issue subpoena and subpoena duces tecum (relative to the conduct of investigation involving the violations of this Act;) AND TAKE TESTIMONY IN ANY INVESTIGATION OR INQUIRY RELATIVE TO THE VIOLATION OF THIS ACT. FAILURE TO COMPLY WITH SUBPOENA AND SUBPOENA DUCES TECUM SHALL AUTHORIZE THE FILING OF A CASE FOR INDIRECT CONTEMPT, UNDER THE RULES OF COURT, WITH THE REGIONAL TRIAL COURT; XXX

(S) ESTABLISH A NATIONWIDE CASE MONITORING SYSTEM OF ALL DRUG CASES FILED BEFORE THE PROSECUTION OFFICES AND REGIONAL TRIAL COURTS; (T) COLLECT FEES AND CHARGES FOR PDEA LICENSES, PERMITS, AND ACCREDITATION; AND RETAIN AND USE THE SAME FOR ITS OPERATION; (U) CREATE ANTI-DRUG ATTACHÉ POSTS ABROAD.

Sec. 5. Appropriations. - The amounts as may be necessary for the effective

implementation of this Act, including the establishment, staffing, operations, and maintenance of the Anti-Drug Attaché Posts abroad, shall be included in the annual General Appropriations Act (GAA) under the respective budget of the Philippine Drug Enforcement Agency (PDEA).

Sec. 6. Implementing Rules and Regulations (IRR). - Within ninety (90) days from

the effectivity if this Act, the PDEA, in coordination with the DOJ and DFA shall promulgate the necessary rules and regulations to effectively implement the provisions of this Act.

Sec 7. Separability Clause. - If any provision or part hereof is held invalid or

unconstitutional, the remainder of the law or the provision not otherwise affected shall remain valid and subsisting.

Sec 8. Repealing Clause. - All laws, decrees, executive orders, proclamations, and

administrative regulations or parts thereof inconsistent with the provisions of this Act are hereby repealed or amended accordingly.

Sec 9. Effectivity. - This Act shall take effect fifteen (15) days after its complete

publication in at least two (2) newspapers of general circulation. Approved,