Custody of P6B-worth of seized drugs belongs to PDEA, not BOC—DOJ
Justice Secretary Vitaliano Aguirre II. (File photo by JOAN BONDOC / Philippine Daily Inquirer)
The Philippine Drug Enforcement Agency (PDEA) is the proper agency to take custody of seized illegal drugs, not the Bureau of Customs (BOC), the Department of Justice (DOJ) stated in a legal opinion made public Friday.
Justice Secretary Vitaliano Aguirre II issued the legal opinion upon the request of PDEA Chief Isidro S. Lapeña.
Lapeña, in his letter, said there are incidents that BOC personnel has refused to cooperate in their investigation citing exclusive authority over the seized contrabands under Republic Act 10863 or the Customs Modernization and Tariff Act (CMTA).
The PDEA Chief said there have been instances where the BOC disposes of equipment used in the manufacture of illegal drugs, hindering their investigation to identify and arrest “big fishes.”
Lapeña’s letter came at the heels of congressional inquiry on the seizure of more than P6-billion worth illegal drugs in Valenzuela.
In his legal opinion dated July 27, Aguirre said it is clear under Section 21 of Republic Act 9165 or the Comprehensive Dangerous Drugs Act, that “the PDEA shall take charge and have custody of all dangerous drugs, controlled precursors and essential chemicals…so confiscated, seized and/or surrendered for proper disposition.”
CMTA, according to Aguirre has strengthened PDEA’s authority on seized contrabands when it stated under Section 1147 “that the dangerous drugs shall be turned over to the Dangerous Drugs Board (DDB).
“To note, PDEA serves as the implementing arm of the Dangerous Drugs Board and is responsible for the efficient and effective law enforcement of all the provisions on any dangerous drug and/or controlled precursor and essential chemical as provided under RA 9165,” Aguirre said.
“Again, since the subject statutes are clear and free from ambiguity, it must be given its literal meaning and applied without attempted interpretation,” Aguirre added. IDL
