Guevarra to order prosecutors to focus on resolving drug raps following Duterte order
MANILA, Philippines — Justice Secretary Menardo Guevarra said he will soon issue a directive ordering prosecutors to focus on resolving drug-related complaints, following President Rodrigo Duterte’s order to destroy confiscated drugs in a week.
“The DOJ will issue a memo circular to all prosecutors investigating drug cases to give top priority to the resolution of the same, to file the informations ASAP, and to move for a court order to conduct ocular inspection of and destroy the seized drugs, precursors etc within the time specified in [Republic Act 9165],” he said.
This follows the president’s remarks that seized drugs should be destroyed and accounted for just a few days after, noting that there are corrupt law enforcers who “recycle” confiscated drugs.
Duterte said: “I want all the shabu residual or otherwise, however minimal, destroyed, the whole of it by next week. You have so many days to do it one week. Do it in one week. Destroy and get specimen.”
Guevarra said the president’s order must be taken in the context of a provision of RA 9165 or the Comprehensive Dangerous Drugs Act of 2022.
Under Section 21(4) of the law, trial courts are required to conduct ocular inspection of illegal drugs, precursors, paraphernalia, etc., within 72 hours of the filing of criminal information or charge sheets.
“And thereafter proceed to burn or destroy the same, thru the [Philippine Drug Enforcement Agency], within 24 hours after the inspection. A representative sample of the seized drugs will be retained for use during the trial of the case,” Guevarra explained.
“Thus, law enforcement agents must file the criminal complaints immediately so that the destruction of the seized drugs could proceed as early as possible,” the DOJ chief added.
On July 15, the Supreme Court’s Office of the Court Administrator ordered regional trial court judges to strictly comply with the cited provision of RA 9165. If compliance is not possible, judges were also strongly advised to prioritize cases that involved five kilos or more of dangerous drugs.
In cases where the confiscated drugs are brought to the court, the court shall issue the order of destruction within 24 hours.
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