PDEA WELCOMES APPROVAL OF HOUSE BILL 4660

The Philippine Drug Enforcement Agency (PDEA) welcomes the approval of Congress of the house bill amending Republic Act 9165, or the Comprehensive Dangerous Drugs Act of 2002, particularly Section 21 of Article II.

PDEA Director General Undersecretary Jose S. Gutierrez, Jr. said the new bill is a welcome development and demonstrates the support of the House of Representatives to PDEA and the drug enforcement community as a whole. “The approved bill would help prevent the dismissal of drug cases due to technicalities in the custody and disposition of drug evidence,” Gutierrez said.

House Bill 4660, approved by Congress on a final reading on October 10, 2011, amends the present provision of the law for the presence of three witnesses together with the accused or his counsel during inventory of drug evidence. Said house bill reduced the required number of inventory witnesses of drug evidence from three to only one – an elected public official, or a representative from the Department of Justice (DOJ) or the media.

The bill likewise allows for the conduct of physical inventory in a nearest police station or the nearest office of the apprehending team as long as the integrity and evidentiary value of the seized items are properly preserved by the apprehending officer or team.

In case of warrantless seizures, non-compliance to said requirements “under justifiable grounds” shall not render such seizures and custody of evidence void or invalid “as long as the integrity and the evidentiary value of the seized items are properly preserved by the apprehending officers or team.

Another salient feature of the bill is the removal of the 24-hour deadline for the issuance of the examination results of seized items seized as certified by a forensic laboratory.

“Indeed, this is a welcome development for operating units as the new provisions in the house bill are more operationally practical. We would like to thank the members of Congress for being responsive to the clamor to strengthen the anti-drug law by providing legally available measures to favor law enforcement procedures,” the PDEA Chief said.

Gutierrez is optimistic that the Senate will treat the proposed bill with the same level of importance, adding that PDEA is looking forward to the day when the bill will finally be enacted into law. Evangeline DJ Almenario, Chief, Public Information Office, Philippine Drug Enforcement Agency