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.
We call
attention
to the pertinent provisions of R.A. 6425, as amended, which read:
"Section
36. Powers
and Duties of the Board. The Board shall:
"(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)
xxx
Likewise, the
attention
of all concerned is called to Section 22 of the Dangerous Drugs Board
which
provides:
"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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