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Friday, March 29, 2024

Custody of drugs is PDEA’s job–DoJ

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The Philippine Drug Enforcement Agency should exercise legal custody over seized illegal drugs by the Bureau of Customs, according to a legal opinion rendered by the Department of Justice.

Justice Secretary Vitaliano Aguirre II made the opinion upon the request of PDEA Chief Isidro S. Lapeña who complained that BOC personnel refused to cooperate in their investigation of illegal drugs confiscated by the bureau.

Lapeña cited in his letter incidents of BOC personnel refusing to cooperate in their  investigation, citing exclusive authority over the seized contrabands under Republic Act 10863 or the Customs Modernization and Tariff Act (CMTA).

Lapeña said there have been instances where the BOC disposes of equipment used in the manufacture of illegal drugs, hindering their investigation to identify and arrest “big fishes.

Lapeña’s letter came at the heels of congressional inquiry on the seizure of more than P6-billion illegal drugs in Valenzuela.

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In his legal opinion dated July 27, Aguirre said it is clear under Section 21 of Republic Act 9165 or the Comprehensive Dangerous Drugs Act, that “the PDEA shall take charge and have custody of all dangerous drugs, controlled precursors and essential chemicals…so confiscated, seized and/or surrendered for proper disposition.”

Aguirre noted that the CMTA has strengthened PDEA’s authority on seized contrabands when it stated under Section 1147 “that the dangerous drugs shall be turned over to the Dangerous Drugs Board (DDB).

“To note, PDEA serves as the implementing arm of the Dangerous Drugs Board and is responsible for the efficient and effective law enforcement of all the provisions on any dangerous drug and/or controlled precursor and essential chemical as provided under RA 9165,” Aguirre said.

“Again, since the subject statutes are clear and free from ambiguity, it must be given its literal meaning and applied without attempted interpretation,” Aguirre said.

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