AN ACT TO FURTHER STRENGTHEN THE COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002

Case Overview and Summary

Summary of Republic Act No. 10640

Amending Section 21 of the Comprehensive Dangerous Drugs Act of 2002

- Custody and Disposition of Confiscated, Seized, and/or Surrendered Dangerous Drugs, Plant Sources, Controlled Precursors, Essential Chemicals, Instruments/Paraphernalia, and/or Laboratory Equipment (Section 1)
• The apprehending team shall immediately conduct a physical inventory and photograph the seized items in the presence of the accused, an elected public official, and a representative of the National Prosecution Service or the media. (Section 1(1))
• The physical inventory and photograph shall be conducted at the place where the search warrant is served, or at the nearest police station or office of the apprehending officer/team in case of warrantless seizures. (Section 1(1))
• Non-compliance with these requirements under justifiable grounds shall not render the seizures and custody void and invalid, as long as the integrity and evidentiary value of the seized items are preserved. (Section 1(1))
• A certification of the forensic laboratory examination results shall be issued immediately upon receipt of the seized items. (Section 1(3))
• If the volume of seized items does not allow completion of testing within the time frame, a partial laboratory examination report shall be provisionally issued, stating the quantities still to be examined. (Section 1(3))
• A final certification shall be issued immediately upon completion of the examination and certification. (Section 1(3))

- Implementing Rules and Regulations (IRR) (Section 2)
• The Philippine Drug Enforcement Agency (PDEA) shall issue the necessary guidelines on the IRR for the purpose in consultation with the Department of Justice (DOJ) and relevant sectors to curb increasing drug cases.

- Separability Clause (Section 3)
• If any provision or part is held invalid or unconstitutional, the remainder of the law shall remain valid and subsisting.

- Repealing Clause (Section 4)
• All laws, presidential decrees, executive orders, administrative orders, rules and regulations contrary to or inconsistent with this Act are repealed, modified or amended accordingly.

- Effectivity (Section 5)
• This Act shall take effect fifteen (15) days after its complete publication in at least two (2) newspapers of general circulation.