Inspect, destroy seized drugs, SC reminds judges

The Supreme Court on Wednesday ordered regional trial court judges to comply with the provision of Republic Act 9165 or the Comprehensive Dangerous Drug Acts of 2020 governing the handling and destruction of confiscated drugs.

In a circular, the SC through Court Administrator Jose Midas Marquez enjoined judges to strictly comply with the requirements in Section 21 (4) of RA 9165.

This mandates that after the filing of the criminal case, the court shall within 72 hours inspect the confiscated illegal drugs and paraphernalia, and that through the Philippine Drug Enforcement Agency (PDEA) proceed with the destruction or burning of the drugs within 24 hours.

Marquez said that courts, under this provision, must retain “a representative sample, duly weighed and recorded,” of the contraband.

“If, for some justifiable reason, full compliance with the above is not always feasible, judges hearing drug cases are strongly advised to prioritize and comply with the above when the dangerous drugs seized amount to five kilograms or more,” Marquez said, in OCA Circular No.118-2020.

In cases where the illegal drugs seized are physically brought to the court, the court shall issue the order of destruction within 24 hours therefrom, he added.

According to the Office of the Court Administrator, courts with pending drug cases where the seized drugs amount to more than five kilograms, which have not yet conducted the inspection and issued orders for their destruction, should immediately conduct the inspection and destroy the drugs within 24 hours.

Marquez stressed that Philippine National Police Chief Gen. Archie Gamboa raised the matter in a recent meeting that illegal drugs confiscated in their operations often remain in PNP custody, due to the delayed issuance of court orders for their destruction.