PNP welcomes SC circular ordering courts to issue orders to destroy illegal drugs quickly

July 16, 2020

The chief of the Philippine National Police ( PNP) welcomed a latest Supreme Court Circular mandating lower courts to speed up issuing orders to destroy illegal drugs confiscated in operations.

Police General Archie Francisco Gamboa said the early destruction of these seized contraband will reduce the burden on PNP evidence custodians in safekeeping these  for court proceedings.

“The PNP will make urgent representations with the concerned courts where pending illegal drugs cases are undergoing different stages of trial to seek court orders for the destruction of drug evidence after representative samples are retained and properly documented,” Gamboa said.

On July 15, the Supreme Court thru the Office of the Court Administrator issued Circular No, 118-2020 reminding all regional trial courts to “strictly comply” with the requirements of Section 21 (4) of Republic Act 9165 on the immediate destruction of illegal drugs confiscated during police operations.

The Comprehensive Dangerous Drugs Act of 2002 provides that “after the filing of the criminal case, the Court shall, within 72 hours, conduct an ocular inspection” of the confiscated, seized illegal drugs or precursor chemicals, and “through the PDEA shall within 24 hours thereafter proceed with the destruction or burning of the same”, provided, that a representative sample, duly weighed and recorded is retained.

The same Supreme Court Circular also advised lower courts to prioritize issuing  orders to destroy seized drugs amounting to five kilograms or more.

“In cases where the illegal drugs seized are physically brought to the court, the court shall issue the order of destruction thereof within 24 hours therefrom,” it said.

During the first six months of 2020, the PNP confiscated some 1.57 metric tons of crystal meth or shabu and some 2.9 metric tons of marijuana during 25,612 separate police operations which resulted in the arrest of 38,178 suspects. Ella Dionisio/DMS