Text of the provision
Sec. 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 after seizure and confiscation, conduct 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 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 physical inventory and photograph shall be conducted at the place where the search warrant is served; 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, That noncompliance of 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. x x x
(3) A certification of the forensic laboratory examination results, which shall be done by the forensic laboratory examiner, shall be issued immediately upon the receipt of the subject item/s: Provided, That when the volume of dangerous drugs, plant sources of dangerous drugs, and controlled precursors and essential chemicals does not allow the completion of testing within the time frame, a partial laboratory examination report shall be provisionally issued stating therein the quantities of dangerous drugs still to be examined by the forensic laboratory: Provided, however, That a final certification shall be issued immediately upon completion of the said examination and certification; x x x. 1âwphi1
Comprehensive Dangerous Drugs Act of 2002, Republic Act No. 9165 (2002). Reproduced in full from the official enactment and verified word-for-word against the LawPhil and ChanRobles renderings.
What this section means
The apprehending team must immediately after seizure conduct a physical inventory and photograph the seized drugs in the presence of the accused or the person from whom the items were seized (or a representative or counsel), together with an elected public official and a representative of the National Prosecution Service or the media, who must sign the inventory and be given a copy. The section also sets the periods for submission to the forensic laboratory and for the examination report.
Related provisions
- Section 19 — Unlawful Prescription Of Drugs.
- Section 22 — Rewards For Information.
This section as amended. The text above is Section 21 as amended by Republic Act No. 10640 (2014). Many reproductions of the Dangerous Drugs Act still carry the original 2002 wording, which required a representative of the media and of the Department of Justice. Check which version any source you rely on is giving you.
Cases citing this section
- Authorities on this section will be added here as each is verified against primary sources.