July 29, 2021

DDB BOARD REGULATION NO. 6, s. 2021

SUBJECT : Guidelines on the Implementation of Section 20 of

RA 9165, or the Comprehensive Dangerous Drugs Act of
2002, as Amended, Specifically the Last Paragraph
Thereof, Covering the Necessary Cost for the
Maintenance and Preservation of Seized Item/s Pending
Trial of the Case, and the Subsequent Award of the
Confiscated Property/Items of Lawful Commerce in Favor
of the Operating Unit and for Other Lawful Purposes

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
CD Technologies Asia, Inc. © 2021 cdasiaonline.com
 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
CD Technologies Asia, Inc. © 2021 cdasiaonline.com
 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
CD Technologies Asia, Inc. © 2021 cdasiaonline.com
 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.
CD Technologies Asia, Inc. © 2021 cdasiaonline.com
 APPROVED and ADOPTED, this 29th day of July in the year of Our
Lord, 2021, in Quezon City.

(SGD.) SECRETARY CATALINO S. CUY,

CEO VI
Chairman

Attested:

(SGD.) UNDERSECRETARY EARL P.

SAAVEDRA, CESE
Secretary 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
CD Technologies Asia, Inc. © 2021 cdasiaonline.com
 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.

CD Technologies Asia, Inc. © 2021 cdasiaonline.com