New circular on filing of drug cases sought

By PHOEBE JEN INDINO
August 24, 2009, 4:27pm

Cebu City – Intending to address difficulties of law enforcers in complying with the reglementary period in filing drug cases, the Dangerous Drug Board (DDB) has formally made a request for the Department of Justice (DoJ) to issue a circular that would precisely resolve the problem.

Talking with reporters, DDB Undersecretary Paul Clarence Oaminal explained that issuance of said circular will have the prosecutor’s office accepting field test results conducted by municipal health officers for complaints regarding violations of the Anti-Drugs Law.

“Law enforcers find it hard to comply with the current mandate on the filing of drug cases because crime laboratories could not immediately process seized drugs once these are submitted,” he said.

Oaminal, a lawyer and staunch Cebu-based anti-drug crusader, explained further that under the rules on inquest, the public complainant could submit temporarily “field test result” conducted by a narcotics officer or other competent officers in lieu of the chemistry report conducted by the crime laboratory.

The said rule is also inline with the reglementary period set forth by Article 125 of the Revised Penal Code and the Revised Rules on Criminal Procedure.

However, the DDB official stressed that within five days from inquest, the public complainant shall submit the chemistry laboratory report.

“In the proposed circular that was addressed to Justice Secretary Agnes Devenadera, it was suggested that municipal health officers, specifically medical technologists trained or accredited by the Philippine National Police or the Philippine Drug Enforcement Agency’s Crime Laboratory Services are expected to conduct “field test” analysis,” he added.

Moreover, the seized substances will have to be submitted to the crime laboratory for expert analysis and with this procedure, law enforcers are certain to comply with the reglementary period to lawfully detain the suspects.

Oaminal also disclosed that through the new order, law enforcers will not have any strong excuses against failing to submit the chemistry report on seized drugs on time.