[ DDB BOARD REGULATION NO. 3, s. 1979, May 09, 1979 ]

AMENDMENT OF BOARD REGULATION NO. 7, SERIES OF 1974, PRESCRIBING THE PROCEDURE IN THE CUSTODY OF SEIZED PROHIBITED AND REGULATED DRUGS, INSTRUMENTS, APPARATUS, AND ARTICLES SPECIALLY DESIGNED FOR THE USE THEREOF



Pursuant to the powers vested in the Dangerous Drugs Board under Section 36 of Republic Act No. 6425, as amended, particularly paragraphs (a) and (b) thereof relative to the manner of safekeeping, disposition, burning, or condemnation of dangerous drugs under its custody, and of taking charge and custody of all dangerous drugs seized, confiscated by, or surrendered to, any national, provincial, or local law enforcement agency, Board Regulation No. 7, series of 1974 is hereby amended such that Section 1 thereof shall read as follows:

"SECTION 1.     All prohibited and regulated drugs, instruments, apparatus, and articles specially designed for the use thereof when unlawfully used or found in the possession of any person not authorized to have control and disposition of the same, or when found secreted or abandoned, shall be seized or confiscated by any national, provincial or local law enforcement agency.  Any apprehending team having initial custody and control of said drugs and/or paraphernalia, should, immediately after seizure or confiscation, have the same physically inventoried and photographed in the presence of the accused, if there be any, and/or his representative, who shall be required to sign the copies of the inventory and be given a copy thereof.  Thereafter, the seized drugs and paraphernalia shall be immediately brought to a properly equipped government laboratory for a qualitative and quantitative examination.

The apprehending team shall: (a) within twenty-four (24) hours from the seizure inform the Dangerous Drugs Board by telegram of said seizure, the nature and quantity thereof and present custody of the same; and (b) within ten (10) days from the date of seizure or confiscation, submit to the Board a detailed report which shall be accomplished on the attached form entitled "Report on an Illicit Narcotics Transaction or Seizure" (DDB Form No. 4-72-A and B).

It shall be the duty of the government laboratory undertaking the qualitative and quantitative analysis of the seized drugs and paraphernalia to furnish the Dangerous Drugs Board a copy of its laboratory analysis report as above required within twenty-four (24) hours from completion of the analysis and to turn over to the Dangerous Drugs Custodian (NBI) the seized or confiscated drugs and/or paraphernalia, except adequate representative samples which the said laboratory shall retain for evidentiary purposes, within ten (10) days from completion of the analysis."

All other provisions of the subject regulation shall continue to remain in force and effect.

This Regulation shall take effect immediately.

Adopted: 9 May 1979

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