Republic of the Philippines
CONGRESS OF THE PHILIPPINES
Metro Manila
Sixteenth Congress
First Regular Session
Begun and held in Metro Manila, on Monday, the twenty-second day of July, two thousand thirteen.
REPUBLIC ACT NO. 10640
AN ACT TO FURTHER STRENGTHEN THE ANTI-DRUG CAMPAIGN OF THE GOVERNMENT, AMENDING
FOR THE PURPOSE SECTION 21 OF REPUBLIC ACT NO. 9165, OTHERWISE KNOWN AS THE
"COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002"
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
Section 1. Section 21 of Republic Act No. 9165, otherwise known as the "Comprehensive Dangerous Drugs Act
of 2002", is hereby amended to read as follows:
"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."
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Section 2. Implementing Rules and Regulations (IRR). – To implement effectively the provisions of Section 21,
the Philippine Drug Enforcement Agency (PDEA) shall issue the necessary guidelines on the IRR for the purpose
in consultation with the Department of Justice (DO J) and relevant sectors to curb increasing drug cases.
Section 3. 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.
Section 4. Repealing Clause. – All laws, presidential decrees or issuances, executive orders, letters of
instruction, administrative orders, rules and regulations contrary to or inconsistent with the provisions of this Act
are hereby repealed, modified or amended accordingly.
Section 5. Effectivity. – This Act shall take effect fifteen (15) days after its complete publication in at least two (2)
newspapers of general circulation.
Approved,
(Sgd.) FRANKLIN M. DRILON (Sgd.) FELICIANO BELMONTE JR.
President of the Senate Speaker of the House
House of Representatives
This Act which is a consolidation of House Bill 2285 and Senate Bill No. 2273 was finally passed by the House of
Representatives and the Senate on June 9, 2014.
(Sgd.) OSCAR G. YABES (Sgd.) MARILYN B. BARUA-YAP
Secretary of the Senate Secretary General
House of Representatives
Approved: JUL 15 2014
(Sgd.) BENIGNO S. AQUINO III
President of the Philippines
