Pursuant to the provisions of Section 36 of Republic Act No. 6425, as amended, and to fully implement Section VI of Regulation No. 4, series of 1972, of the Dangerous Drugs Board, the following regulations governing the disposition of seized or confiscated dangerous drugs which have legitimate medical and therapeutic value are hereby promulgated:

SECTION 1.       A committee composed of one physician from the Department of Health, as Chairman, one chemist from the National Bureau of Investigation (NBI), one chemist from the Philippine Constabulary (PC) Crime Laboratory, and one pharmacist from the Food and Drug Administration (FDA), as members all to be designated by the heads of the agencies concerned, is hereby created to examine and classify seized or confiscated dangerous drugs which are in the custody of the NBI as Dangerous Drugs Custodian duly appointed by the Board, or of the Philippine Constabulary.

SECTION 2.       The Committee shall meet as often as necessary, at the call of the Chairman, to list the dangerous drugs in custody and determine which of them have medical and/or therapeutic value.  A monthly report of the committee enumerating and specifying the quantity and quality of each drug shall be submitted to the Board, a copy thereof being furnished to the Food and Drug Administrator, the Director of the NBI, the Chief of the PC, and the Secretary of Health.

SECTION 3.       Upon receipt of the committee report, the Dangerous Drugs Board shall cause the publication of the list of the drugs which in its opinion are fit for human use and consumption, in a newspaper of general circulation.  Any government institution or private charitable organization duly authorized to deal in dangerous drugs, having a need for the same for medical or research purposes, may apply with the Chairman of the Dangerous Drugs Board for any of the listed drugs.  The institutions and organizations whose requisitions are approved by the Chairman of the Board may receive the said drugs in the form of donation.

SECTION 4.       All useful drugs in the custody of the Board which are not disposed of by way of donation shall be sold by public auction to private enterprises duly authorized to deal in dangerous drugs in such quantity, to be determined by the Board, as may be needed by the buyer for its average consumption for one year.

Any undonated or unsold drugs in excess of the domestic need may be exported by the Board under such conditions as may be prescribed in agreements or conventions relating to dangerous drugs to which the Philippines is a signatory.

Seized or confiscated drugs which are not disposed of within a period of two (2) years from the date they are declared by the Board as fit for human consumption or use shall be destroyed by burning.

SECTION 5.       All donees, whether private or governmental, and all vendees residing in the Philippines, which receive the drugs in accordance with the provisions of the two preceding sections, shall be required to submit a monthly report to the Dangerous Drugs Board, stating therein the amount of drugs consumed, for what purposes used, the names of the patients, if any, to whom the drugs were administered; and the names of the physicians in the employ of the entity who dispensed the drugs; or the name of any personnel thereof who utilized the drugs for research purposes.

SECTION 6.       For purposes of these regulations, an entity duly authorized to deal in dangerous drugs is one which has a license or permit to deal in dangerous drugs and complies with the regulations governing transactions in dangerous drugs issued by the FDA.  The FDA is hereby authorized to see to it that the entities concerned regularly accomplish the monthly report required by these regulations and that they make proper use of the drugs, and it shall for this purpose have the power of inspection and visitation over the said entities in respect of the use of the drugs so donated or sold.

SECTION 7.       This regulation shall take effect immediately, and supplements Board Regulation No. 4, series of 1972.

Adopted: 11 Dec. 1973

(SGD.) CLEMENTE S. GATMAITAN, M.D., M.P.H.
Chairman