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.

 All search and seizure upon confiscation of the apprehending team must
be physically inventoried and photographed at same time in the presence of
the accused, or representative counsel, media or any elected public official
will be required to sign the copies of inventory
 Within 24-hour mark all instruments or paraphernalia must be submitted
to PDEA Forensic Laboratory for examination
 Certificate of examination results done under oath of the forensic
laboratory examiner must be produced in 24 hours after the receipt of subject
items. Provided it can be done within time frame it depends on the volume.
 After criminal case has been filed, within 72 hours the court should
conduct inspection of the confiscated dangerous drugs including instruments
used, and within 24 hours PDEA should destroy the confiscated illegal drugs
in the presence of the accused, or representative counsel, media or any elected
public official
 The board shall then issue a sworn certificate as proven the destruction or
burning of the subject matter, together with representative sample in custody
of PDEA shall be submitted in court having jurisdiction to the case
 The accused ad his/her representative shall be allowed to observe all
proceedings and should not constitute to admission of guilt. If the accused
fails to have a representative within 72 hours the Secretary of Justice shall
appoint a member of Public Attorney’s office to represent him/her
 After judgment in the case wherein representative samples presented in
court the trial prosecutor shall inform the termination of case and the turnover
of representative sample to PDEA for proper disposition for 24 hours
 Transitory Provision: A) Within 24 hours dangerous drugs presently in
possession of law enforcement shall be burned or destroyed in the presence of
the accused and representatives of court DOJ DOH and accused counsel. B)
The burning or destruction of seized dangerous drugs in custody of PDEA
shall be implemented by DOH