Justice Secretary Menardo Guevarra on Wednesday said he will issue a memorandum ordering all prosecutors investigating drug-related cases to prioritize resolving them for the confiscated drugs that could be destroyed within the period prescribed by law.
Guevarra stressed that the Department of Justice will issue a memorandum circular to the concerned prosecutors mandating them to give “top priority” to drug cases, file charges in court as soon as possible, and to move for a court order for the inspection and destruction of the contraband as required by Republic Act No. 9165 or the Comprehensive Dangerous Drugs Act.
The DOJ chief made the statement after President Rodrigo Duterte ordered the destruction of all confiscated shabu within a week.
“I want all the shabu, residual or otherwise, however minimal, destroyed, all of it, by next week. One week. Do it one week. Destroy and get specimens. Tutal, pag mag-ocular inspection, may prosecutor ‘yan,” Duterte said on Monday.
The Philippine National Police and the Philippine Drug Enforcement Agency already vowed to comply with the President’s directive.
According to Guevarra, the President’s directive should be taken in the context of Section 21 (4) of RA No. 9165, which requires the trial courts to conduct an ocular inspection of the illegal confiscated drugs, precursors, paraphernalia, and others within 72 hours from the filing of charges.
Under the law, the drugs, save for a representative sample to be used as evidence, must be destroyed within 24 hours after the inspection.
“Thus, law enforcement agents must file the criminal complaints immediately so that the destruction of the seized drugs could proceed as early as possible,” the Justice Secretary stressed.
Last July, the Supreme Court’s Office of the Court Administrator reminded judges to “strictly comply” with the requirements set by Section 21(4) of RA 9165.
Court Administrator Jose Midas Marquez said the PNP had raised that drugs seized from operations remain in police custody because of the delayed issuance of court orders for their destruction.