July 29, 2021

DDB BOARD REGULATION NO. 6, s. 2021

 

WHEREAS, Section 20 of R.A. 9165, or the Comprehensive Dangerous Drugs Act of 2002, as amended (the "Act"), provides for the confiscation and forfeiture in favor of the government of all the proceeds and properties derived from the unlawful act, including, but not limited to, money and other assets obtained thereby, and the instruments or tools with which the particular unlawful act was committed as an accessory penalty of imprisonment;

WHEREAS, under Section 81 (b) of the Act, the Board is empowered to "Promulgate such rules and regulations as may be necessary to carry out the purposes of this Act, including the manner of safekeeping, disposition, burning or condemnation of any dangerous drug and/or controlled precursor and essential chemical under its charge and custody, and prescribe administrative remedies or sanctions for the violations of such rules and regulations";

WHEREAS, Section 21 (4) of the Act, also provides that "those item/s of lawful commerce as determined by the Board, shall be donated, used or recycled for legitimate purposes;

WHEREAS, Section 20, paragraph 3, of the Act states that during the pendency of the case in the Regional Trial Court, no property, or income derived therefrom, which may be confiscated and forfeited, shall be disposed, alienated or transferred and the same shall be in custodia legis and no bond shall be admitted for the release of the same;

WHEREAS, the fourth paragraph of Section 20 of the Act provides that the proceeds of any sale or disposition of any property confiscated or forfeited under said Section shall be used to pay all proper expenses incurred in the proceedings for the confiscation, forfeiture, custody and maintenance of the property pending disposition, as well as expenses for publication and court costs and the proceeds in excess of the above expenses shall accrue to the Board to be used in its campaign against illegal drugs;

WHEREAS, we note that several Regional Trial Courts promulgate decisions on the acquittal or conviction of the accused and issue orders on the immediate destruction of the dangerous drugs used as evidence but without including in their order (1) the confiscation and forfeiture, in favor of the government, of all the proceeds and properties derived from the unlawful act, and (2) the payment from the proceeds of any sale or disposition of forfeited properties, of all proper expenses incurred in the proceedings for the confiscation, forfeiture, custody and maintenance of the property pending disposition, as well as expenses for publication and court costs;

WHEREAS, OCA CIRCULAR 71-2017, provides that all judges, clerks of court, branch clerks of court, officers-in-charge/acting clerks of court of the second level courts shall deposit/remit to the General Fund/Bureau of Treasury (BTr) confiscated and forfeited monies in drug cases;

WHEREAS, before deposit/transmittal of the said proceeds of the seized or confiscated items to the General Fund/Bureau of Treasury (BTr), there is a need to deduct the costs used by the operating units in the maintenance and preservation of these seized items during the pendency of the case;

WHEREAS, there is currently no mechanism to cover the cost used for the preservation and maintenance of the said seized and/or confiscated properties or items within the lawful commerce of man during the pendency of the case;

NOW, THEREFORE, premises considered, the Board hereby adopts and consequently applies the following Regulation governing the implementation of Section 20, specifically last paragraph thereof, to deduct or claim from the proceeds and properties derived from the unlawful act committed which will be used to cover the cost necessary for the maintenance and preservation of seized item/s pending trial of the case and as well as the subsequent award of the confiscated property/items of lawful commerce in favor of the operating unit.

SECTION 1. This Regulation shall cover all negation operations that resulted in the seizure of non-drug evidence within the lawful commerce, either real or personal properties, such as, but not limited to, the following:

a) Instruments;

b) Laboratory Equipment;

c) Proceeds;

d) Property used as Den, Dive, or Resort;

e) Land, or portions thereof, or greenhouses where dangerous drugs or plant-sources of dangerous drugs are cultivated or cultured;

f) Other properties or assets, real or personal, derived from the illicit trafficking, as defined under Section 3 (r) of the Act, of dangerous drugs or controlled precursors and essential chemicals; and

g) Other tools, effects, or implements with which a particular unlawful act under the Act, or PRESIDENTIAL DECREE NO. 1619 was committed.

SECTION 2. All seized and/or confiscated item or property, as provided above or contemplated under Section 20 of the Act as a result of negation operations, shall be properly marked, photographed and inventoried in a separate sheet accomplished in quadruplicate copies. The original copy shall be kept by the seizing officer or investigating officer and the duplicate shall be given to the accused or his duly-authorized representative or counsel while the triplicate copy shall be endorsed to the appropriate service/unit of the operating unit for record and accounting purposes. Lastly, the quadruplicate copy shall form part of the case folder for submission to the prosecution office of competent jurisdiction.

In the case of real properties, as defined under the CIVIL CODE OF THE PHILIPPINES, article 415, the title thereof, whenever available, shall be included in the inventory.

In all cases, the liability or accountability of the registered owner of the real property, including the beneficial owner thereof, for the offenses under the Act, shall be determined through an investigation and they shall be impleaded in the case.

SECTION 3. On or before the scheduled hearing for confiscation and forfeiture of all the proceeds of the offence, the operating unit concerned, shall move or collaborate with the prosecutor handling the case for the proper inclusion in the decision the necessary expenses used in the custody, preservation and maintenance of such item/s.

SECTION 4. If the forfeitable item or property has a legitimate purpose or which may be used in the campaign against illegal drugs, the Legal and Prosecution Service/Unit of the concerned operating unit shall move for the forfeiture of the same in its favor, taking into consideration, as far as practicable, the following:

1) Republic Act No. 9165, as amended; 1

2) Republic Act No. 9160, 2 as amended by Republic Act Nos. 9194, 10167 and 10365;

3) Memorandum of Agreement between the Philippine Drug Enforcement Agency and the Anti-Money Laundering Council; 3

4) The Revised Penal Code, Articles 25 and 45; 4

5) Republic Act No. 1379, 5 Republic Act No. 3019, 6 Republic Act No. 7080; 7

6) Dangerous Drugs Board No. 1, series of 2014; 8

7) A.M. No. 05-11-04-SC; 9

8) OCA Circular No. 71-2017; 10

9) OCA Circular No. 26-2018; 11

10) OCA Circular No. 02-2019; 12

11) A.M. No. 21-03-13-SC; 13 and

12) UNODC Manual on International Cooperation for the Purposes of Confiscation of Proceeds of Crime. 14

SECTION 5. After conviction in the Regional Trial Court in the appropriate criminal case filed, the Court shall immediately schedule a hearing for the confiscation and forfeiture of all the proceeds of the offense and all the assets and properties of the accused either owned or held by him or in the name of some other persons if the same shall be found to be manifestly out of proportion to his/her lawful income.

SECTION 6. If the forfeited property is a vehicle, the same shall be auctioned off not later than five (5) days upon order of confiscation or forfeiture. In the exigencies of the service, the Court may forfeit the vehicle in favor of the operating unit concerned for use in its anti-illegal drugs campaign.

SECTION 7. Upon determination of the expenses as provided in Section 20 of the Act, the proceeds of any sale or disposition of any property confiscated of forfeited shall be used to pay all proper expenses incurred in the proceedings for the confiscation, forfeiture, custody, and maintenance of the property pending disposition, as well as expenses for publication and court costs. Such costs shall be annotated as lien on the property subject of the forfeiture and shall be first satisfied.

SECTION 8. Thereafter, pursuant to OCA CIRCULAR 71-2017 and Section 20 of the Act, the proceeds in excess of the expenses as mentioned in the preceding paragraphs shall be deposited/remitted to the General Fund/Bureau of Treasury (BTr) which will accrue to the Board to be used in its campaign against illegal drugs.

SECTION 9. Coordination. — The Regional Office or Service of the operating unit concerned shall coordinate with the Technical Education and Skills Development Authority and Local Government Units for the execution of a corresponding agreement relative to the maintenance and safekeeping of non-drug evidence under their custody.

SECTION 10. Penalty Clause. — Violations of this Regulation shall be penalized under Section 32 of RA 9165, without prejudice to any criminal and administrative liability arising from the same act punishable under other provisions thereof.

SECTION 11. Separability Clause. — If, for any reason, any section or provision of this Regulation is declared invalid or unconstitutional, the remainder of the Regulation shall not be affected by such declaration and shall remain in force and effect.

SECTION 12. Repealing and Amending Clause. — All Board Regulations and other issuances inconsistent with this Regulation are hereby superseded amended, or modified accordingly.

SECTION 13. Effectivity Clause. — This Regulation shall take effect fifteen (15) days after its publication in two (2) newspapers of general circulation and after its registration with the Office of the National Administrative Register (ONAR), UP Law Center, Quezon City.

APPROVED and ADOPTED, this 29th day of July in the year of Our Lord, 2021, in Quezon City.

(SGD.) SECRETARY CATALINO S. CUY, CEO VIChairman

Attested:

(SGD.) UNDERSECRETARY EARL P. SAAVEDRA, CESESecretary of the Board

 

Footnotes

1. Known as the "COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002," as amended by R.A. No. 10640, entitled as "AN ACT TO FURTHER STRENGTHEN THE ANTI-DRUG CAMPAIGN OF THE GOVERNMENT, AMENDING FOR THE PURPOSE SECTION 21 OF REPUBLIC ACT NO. 9165."

2. Known as the "ANTI-MONEY LAUNDERING ACT OF 2001," as amended.

3. Signed August 11, 2020.

4. Article 25. — Penalties, and Article 45. — Confiscation and Forfeiture of the Proceeds or Instruments of the Crime.

5. Entitled "AN ACT DECLARING FORFEITURE IN FAVOR OF THE STATE ANY PROPERTY FOUND TO HAVE BEEN UNLAWFULLY ACQUIRED BY ANY PUBLIC OFFICER OR EMPLOYEE AND PROVIDING FOR THE PROCEEDINGS THEREFOR."

6. Known as the ANTI-GRAFT AND CORRUPT PRACTICES ACT."

7. Entitled as the "PLUNDER LAW."

8. Comprehensive Amendments to Board Regulation No. 3, Series 2003, "Comprehensive Guidelines on Importation, Distribution, Manufacture, Prescription, Dispensing and Sale of, and Other Lawful Acts in Connection with Any Dangerous Drugs, Controlled Precursors and Essential Chemicals and Other Similar or Analogous Substances," as Amended, and Other Related Board Issuances."

9. RULES OF PROCEDURE IN CASES OF CIVIL FORFEITURE, ASSET PRESERVATION, AND FREEZING OF MONETARY INSTRUMENT, PROPERTY, OR PROCEEDS REPRESENTING, INVOLVING, OR RELATING TO AN UNLAWFUL ACTIVITY OR MONEY LAUNDERING OFFENSE UNDER REPUBLIC ACT NO. 9160, AS AMENDED, effective December 15, 2005.

10. REMITTANCE OF MONEY EXHIBIT, PROCEEDS FROM SALE OF EXHIBITS AND FINES IMPOSED IN DRUG CASES, issued March 27, 2017.

11. REMITTANCE OF FINES, MONEY EXHIBITS, PROCEEDS FROM SALE OF EXHIBITS, FORFEITED OF CASH BONDS AND NET INTEREST INCOMES dated February 18, 2018.

12. USE OF THE SUPREME COURT OFFICIAL RECEIPTS IN THE COLLECTION OF FINES AND PROCEEDS FROM THE SALE OF EXHIBITS IN DRUG CASES, signed January 10, 2019.

13. RULE ON ASSET PRESERVATION, SEIZURE, AND FORFEITURE IN CRIMINAL CASES UNDER REPUBLIC ACT NO. 9160, AS AMENDED, effective on May 31, 2021.

14. Published September 2012.