Drilon asks DoJ to intervene on recycling of seized drugs

MANILA, August 31, 2012-Senator Franklin M. Drilon has asked the Department of Justice (DoJ) to call a meeting with drug enforcement agencies and the Court Administrator to finally put a stop to the rampant cases of confiscated illegal drugs being recycled.

Drilon, also former Justice Secretary, lamented the poor implementation of a special provision in the Republic Act 9165 or the Comprehensive Dangerous Drugs Act of 2002 which is supposed to prevent the recycling of seized drugs.

“When I was Secretary of Justice, every time we present a policeman in court to submit evidence of confiscated drugs, the police officer would always say the drugs were either lost or eaten by rats,” said Drilon.

“We know that what happens is recycling of confiscated illegal drugs. There are recycled drugs especially when volumes and volumes of drugs are confiscated,” he added.

“I suggest that the Justice Department through the National Prosecution Service sit down with Philippine Drug Enforcement Agency, Dangerous Drugs Board and the Court Administrator to come up with a circular or a memorandum which will enforce this special provision,” said Drilon.

Prosecutor General Claro A. Arellano responded positively to Drilon’s proposal.

Under Section 21 of the Republic Act 9165, within 72 hours after filing of criminal case, the courts shall conduct ocular inspection of the confiscated drugs and the PDEA shall proceed with the disposition of the seized drugs within 24 hours, noted Drilon, who proposed the specific provision.

“This provision was designed to precisely prevent the recycling of the confiscated drugs. This is a clear policy that we want enforced and it is so frustrating to know the execution of this law is so lacking,” stressed Drilon.

Earlier, the Senate Finance Committee withheld the budget of the PDEA over the apparent inaccurate data on confiscated illegal substance.

For reference:

Section 21, paragraph 4 states: “After the filing of the criminal case, the Court shall, within seventy-two (72) hours, conduct an ocular inspection of the confiscated, seized and/or surrendered dangerous drugs, plant sources of dangerous drugs, and controlled precursors and essential chemicals, including the instruments/paraphernalia and/or laboratory equipment, and through the PDEA shall within twenty-four (24) hours thereafter proceed with the destruction or burning of the same, in the presence of the accused or the person/s from whom such items were confiscated and/or seized, or his/her representative or counsel, a representative from the media and the DOJ, civil society groups and any elected public official…”