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This web page features the full text of
ADMINISTRATIVE CIRCULAR NO. 10-95.
ADMINISTRATIVE CIRCULAR NO. 10-95

TO:  THE COURT OF APPEALS, SANDIGANBAYAN, REGIONAL TRIAL COURTS, SHARI’A DISTRICT COURTS, METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL COURTS IN CITIES, MUNICIPAL TRIAL COURTS, MUNICIPAL CIRCUIT TRIAL COURTS AND SHARI’A CIRCUIT COURTS

SUBJECT:  DISPOSITION OF SEIZED DRUGS NO LONGER NEEDED AS EVIDENCE IN COURT.

Our attention has been called to incidents where judges have ordered the burning or other disposition of seized drugs no longer needed as evidence in a manner contrary to law. We enjoin all judges to desist from themselves ordering and personally witnessing the burning or other disposition of prohibited drugs confiscated or no longer needed as evidence, and to turn over the seized drugs to the Dangerous Drugs Board or to the National Bureau of Investigation, for proper disposition.cralaw

We call attention to the pertinent provisions of R.A. 6425, as amended, which read:chanrobles virtual law library

"Section 36. Powers and Duties of the Board. The Board shall:chanroblesvirtuallawlibrary
     "(a) 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 dangerous drugs under its charge and custody, and prescribe administrative remedies or sanctions for the violation of such rules and regulations;   "(b) Take charge and custody of all dangerous drugs seized, confiscated by or surrender to any national, provincial or local law enforecement agency, if no longer needed for purposes of evidence in court;" (Italics supplied)
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Likewise, the attention of all concerned is called to Section 22 of the Dangerous Drugs Board which provides:chanroblesvirtuallawlibrary "Section 22. Additional Penalty if Offender is an Alien – In addition to the penalties therein prescribed, any alien who violates any of the provisions of Articles II and III of this Act shall be deported without further proceedings immediately after service of sentence." (Italics supplied) Strict compliance herewith is enjoined.


March 14, 1995.

   
    

[Sgd.] ANDRES R. NARVASA
Chief Justice
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