DDB to DOJ: Inventory seized drugs

The Dangerous Drugs Board has recommended to the Department of Justice to issue a circular categorically mandating a physical inventory during all anti-narcotics operations.

In a letter to Justice Secretary Raul Gonzalez dated Jan. 13, DDB Vice Chairman Undersecretary Clarence Paul Oaminal said the circular would “address issues on questions on dismissals of drug cases where there is failure to comply with the law.”

According to Oaminal, the physical inventory and photograph during a buy-bust operation must be done “in the nearest police station or office of the apprehending team or agency.”

In case of seizure through a search warrant, the physical inventory or photograph must be “in the place or premises where the search was conducted.”

“In instances where there are justifiable grounds for failure of the conduct of the physical inventory and photograph, the complainant-law enforcement officer shall submit an affidavit justifying the failure, in lieu of the submission of the physical inventory and photograph,” Oaminal said.

Oaminal cited a recent Supreme Court decision that he said resolves the question on the necessity of physical inventory and photograph of all anti-narcotics operations.

“The inclusion of the physical inventory and photograph in the complaint aside (from) being statutory requirement is justified under the Rules on Inquest,” he said.         – Reinir Padua