Congress
of the Philippines
Twelfth Congress
First Regular Session
REPUBLIC ACT NO. 9165
June 7, 2002
AN ACT
INSTITUTING THE COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002, REPEALING REPUBLIC
ACT NO. 6425, OTHERWISE KNOWN AS THE DANGEROUS DRUGS ACT OF 1972, AS AMENDED,
PROVIDING FUNDS THEREFOR, AND FOR OTHER PURPOSES
Be it
enacted by the Senate and House of Representatives of the Philippines in
Congress
Section 1. Short Title. – This Act shall be known and cited as
the "Comprehensive Dangerous Drugs Act of 2002".
Section 2. Declaration of Policy. – It is the policy of the
State to safeguard the integrity of its territory and the well-being of its
citizenry particularly the youth, from the harmful effects of dangerous drugs
on their physical and mental well-being, and to defend the same against acts or
omissions detrimental to their development and preservation. In view of the
foregoing, the State needs to enhance further the efficacy of the law against
dangerous drugs, it being one of today's more serious social ills.
Toward this end, the government shall pursue an
intensive and unrelenting campaign against the trafficking and use of dangerous
drugs and other similar substances through an integrated system of planning,
implementation and enforcement of anti-drug abuse policies, programs, and
projects. The government shall however aim to achieve a balance in the national
drug control program so that people with legitimate medical needs are not
prevented from being treated with adequate amounts of appropriate medications,
which include the use of dangerous drugs.
It is further declared the policy of the State to
provide effective mechanisms or measures to re-integrate into society
individuals who have fallen victims to drug abuse or dangerous drug dependence
through sustainable programs of treatment and rehabilitation.
ARTICLE
I
Definition
of terms
Section 3. Definitions. As used in this Act, the following terms
shall mean:
(a) Administer. – Any act of introducing
any dangerous drug into the body of any person, with or without his/her
knowledge, by injection, inhalation, ingestion or other means, or of committing
any act of indispensable assistance to a person in administering a dangerous
drug to himself/herself unless administered by a duly licensed practitioner for
purposes of medication.
(b) Board. - Refers to the Dangerous Drugs Board
under Section 77, Article IX of this Act.
(c) Centers. - Any of the treatment and
rehabilitation centers for drug dependents referred to in Section 34, Article
VIII of this Act.
(d) Chemical Diversion. – The sale,
distribution, supply or transport of legitimately imported, in-transit,
manufactured or procured controlled precursors and essential chemicals, in
diluted, mixtures or in concentrated form, to any person or entity engaged in
the manufacture of any dangerous drug, and shall include packaging,
repackaging, labeling, relabeling or concealment of such transaction through
fraud, destruction of documents, fraudulent use of permits, misdeclaration, use
of front companies or mail fraud.
(e) Clandestine Laboratory. – Any facility
used for the illegal manufacture of any dangerous drug and/or controlled
precursor and essential chemical.
(f) Confirmatory Test. – An analytical test
using a device, tool or equipment with a different chemical or physical
principle that is more specific which will validate and confirm the result of
the screening test.
(g) Controlled Delivery. – The
investigative technique of allowing an unlawful or suspect consignment of any
dangerous drug and/or controlled precursor and essential chemical, equipment or
paraphernalia, or property believed to be derived directly or indirectly from
any offense, to pass into, through or out of the country under the supervision
of an authorized officer, with a view to gathering evidence to identify any
person involved in any dangerous drugs related offense, or to facilitate
prosecution of that offense.
(h) Controlled Precursors and Essential
Chemicals. – Include those listed in Tables I and II of the 1988 UN
Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic
Substances as enumerated in the attached annex, which is an integral part of
this Act.
(i) Cultivate or Culture. – Any act of
knowingly planting, growing, raising, or permitting the planting, growing or
raising of any plant which is the source of a dangerous drug.
(j) Dangerous Drugs. – Include those listed
in the Schedules annexed to the 1961 Single Convention on Narcotic Drugs, as
amended by the 1972 Protocol, and in the Schedules annexed to the 1971 Single
Convention on Psychotropic Substances as enumerated in the attached annex which
is an integral part of this Act.
(k) Deliver. – Any act of knowingly passing
a dangerous drug to another, personally or otherwise, and by any means, with or
without consideration.
(l) Den, Dive or Resort. – A place where
any dangerous drug and/or controlled precursor and essential chemical is
administered, delivered, stored for illegal purposes, distributed, sold or used
in any form.
(m) Dispense. – Any act of giving away,
selling or distributing medicine or any dangerous drug with or without the use
of prescription.
(n) Drug Dependence. – As based on the
World Health Organization definition, it is a cluster of physiological,
behavioral and cognitive phenomena of variable intensity, in which the use of
psychoactive drug takes on a high priority thereby involving, among others, a
strong desire or a sense of compulsion to take the substance and the
difficulties in controlling substance-taking behavior in terms of its onset,
termination, or levels of use.
(o) Drug Syndicate. – Any organized group
of two (2) or more persons forming or joining together with the intention of
committing any offense prescribed under this Act.
(p) Employee of Den, Dive or Resort. – The
caretaker, helper, watchman, lookout, and other persons working in the den,
dive or resort, employed by the maintainer, owner and/or operator where any
dangerous drug and/or controlled precursor and essential chemical is
administered, delivered, distributed, sold or used, with or without
compensation, in connection with the operation thereof.
(q) Financier. – Any person who pays for,
raises or supplies money for, or underwrites any of the illegal activities
prescribed under this Act.
(r) Illegal Trafficking. – The illegal
cultivation, culture, delivery, administration, dispensation, manufacture,
sale, trading, transportation, distribution, importation, exportation and
possession of any dangerous drug and/or controlled precursor and essential
chemical.
(s) Instrument. – Any thing that is used in
or intended to be used in any manner in the commission of illegal drug
trafficking or related offenses.
(t) Laboratory Equipment. – The
paraphernalia, apparatus, materials or appliances when used, intended for use
or designed for use in the manufacture of any dangerous drug and/or controlled
precursor and essential chemical, such as reaction vessel,
preparative/purifying equipment, fermentors, separatory funnel, flask, heating
mantle, gas generator, or their substitute.
(u) Manufacture. – The production,
preparation, compounding or processing of any dangerous drug and/or controlled
precursor and essential chemical, either directly or indirectly or by
extraction from substances of natural origin, or independently by means of
chemical synthesis or by a combination of extraction and chemical synthesis,
and shall include any packaging or repackaging of such substances, design or
configuration of its form, or labeling or relabeling of its container; except
that such terms do not include the preparation, compounding, packaging or
labeling of a drug or other substances by a duly authorized practitioner as an
incident to his/her administration or dispensation of such drug or substance in
the course of his/her professional practice including research, teaching and
chemical analysis of dangerous drugs or such substances that are not intended
for sale or for any other purpose.
(v) Cannabis or commonly known as
"Marijuana" or "Indian Hemp" or by its any other name.
– Embraces every kind, class, genus, or specie of the plant Cannabis
sativa L. including, but not limited to, Cannabis americana, hashish,
bhang, guaza, churrus and ganjab, and embraces every kind, class and
character of marijuana, whether dried or fresh and flowering, flowering or
fruiting tops, or any part or portion of the plant and seeds thereof, and all
its geographic varieties, whether as a reefer, resin, extract, tincture or in
any form whatsoever.
(w) Methylenedioxymethamphetamine (MDMA) or
commonly known as "Ecstasy", or by its any other name. – Refers
to the drug having such chemical composition, including any of its isomers or
derivatives in any form.
(x) Methamphetamine Hydrochloride or commonly
known as "Shabu", "Ice", "Meth", or by its any
other name. – Refers to the drug having such chemical composition,
including any of its isomers or derivatives in any form.
(y) Opium. – Refers to the coagulated juice
of the opium poppy (Papaver somniferum L.) and embraces every kind,
class and character of opium, whether crude or prepared; the ashes or refuse of
the same; narcotic preparations thereof or therefrom; morphine or any alkaloid
of opium; preparations in which opium, morphine or any alkaloid of opium enters
as an ingredient; opium poppy; opium poppy straw; and leaves or wrappings of
opium leaves, whether prepared for use or not.
(z) Opium Poppy. – Refers to any part of
the plant of the species Papaver somniferum L., Papaver setigerum DC,
Papaver orientale, Papaver bracteatum and Papaver rhoeas, which
includes the seeds, straws, branches, leaves or any part thereof, or substances
derived therefrom, even for floral, decorative and culinary purposes.
(aa) PDEA. – Refers to the Philippine Drug
Enforcement Agency under Section 82, Article IX of this Act.
(bb) Person. – Any entity, natural or
juridical, including among others, a corporation, partnership, trust or estate,
joint stock company, association, syndicate, joint venture or other
unincorporated organization or group capable of acquiring rights or entering
into obligations.
(cc) Planting of Evidence. – The willful
act by any person of maliciously and surreptitiously inserting, placing, adding
or attaching directly or indirectly, through any overt or covert act, whatever
quantity of any dangerous drug and/or controlled precursor and essential chemical
in the person, house, effects or in the immediate vicinity of an innocent
individual for the purpose of implicating, incriminating or imputing the
commission of any violation of this Act.
(dd) Practitioner. – Any person who is a
licensed physician, dentist, chemist, medical technologist, nurse, midwife,
veterinarian or pharmacist in the Philippines.
(ee) Protector/Coddler. – Any person who
knowingly and willfully consents to the unlawful acts provided for in this Act
and uses his/her influence, power or position in shielding, harboring,
screening or facilitating the escape of any person he/she knows, or has
reasonable grounds to believe on or suspects, has violated the provisions of
this Act in order to prevent the arrest, prosecution and conviction of the
violator.
(ff) Pusher. – Any person who sells,
trades, administers, dispenses, delivers or gives away to another, on any terms
whatsoever, or distributes, dispatches in transit or transports dangerous drugs
or who acts as a broker in any of such transactions, in violation of this Act.
(gg) School. – Any educational institution,
private or public, undertaking educational operation for pupils/students
pursuing certain studies at defined levels, receiving instructions from
teachers, usually located in a building or a group of buildings in a particular
physical or cyber site.
(hh) Screening Test. – A rapid test
performed to establish potential/presumptive positive result.
(ii) Sell. – Any act of giving away any
dangerous drug and/or controlled precursor and essential chemical whether for
money or any other consideration.
(jj) Trading. – Transactions involving the
illegal trafficking of dangerous drugs and/or controlled precursors and
essential chemicals using electronic devices such as, but not limited to, text
messages, email, mobile or landlines, two-way radios, internet, instant
messengers and chat rooms or acting as a broker in any of such transactions
whether for money or any other consideration in violation of this Act.
(kk) Use. – Any act of injecting,
intravenously or intramuscularly, of consuming, either by chewing, smoking,
sniffing, eating, swallowing, drinking or otherwise introducing into the
physiological system of the body, and of the dangerous drugs.
ARTICLE
II
Unlawful
Acts and Penalties
Section 4. Importation of Dangerous Drugs and/or Controlled Precursors and
Essential Chemicals.- .The penalty of life imprisonment to death and a
ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos
(P10,000,000.00) shall be imposed upon any person, who, unless authorized by
law, shall import or bring into the Philippines any dangerous drug, regardless
of the quantity and purity involved, including any and all species of opium
poppy or any part thereof or substances derived therefrom even for floral,
decorative and culinary purposes.
The penalty of imprisonment ranging from twelve
(12) years and one (1) day to twenty (20) years and a fine ranging from One
hundred thousand pesos (P100,000.00) to Five hundred thousand pesos
(P500,000.00) shall be imposed upon any person, who, unless authorized by law,
shall import any controlled precursor and essential chemical.
The maximum penalty provided for under this
Section shall be imposed upon any person, who, unless authorized under this
Act, shall import or bring into the Philippines any dangerous drug and/or
controlled precursor and essential chemical through the use of a diplomatic
passport, diplomatic facilities or any other means involving his/her official
status intended to facilitate the unlawful entry of the same. In addition, the
diplomatic passport shall be confiscated and canceled.
The maximum penalty provided for under this
Section shall be imposed upon any person, who organizes, manages or acts as a
"financier" of any of the illegal activities prescribed in this
Section.
The penalty of twelve (12) years and one (1) day
to twenty (20) years of imprisonment and a fine ranging from One hundred
thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall
be imposed upon any person, who acts as a "protector/coddler" of any
violator of the provisions under this Section.
Section 5. Sale, Trading, Administration, Dispensation, Delivery,
Distribution and Transportation of Dangerous Drugs and/or Controlled Precursors
and Essential Chemicals. - The penalty of life imprisonment to death and a
fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million
pesos (P10,000,000.00) shall be imposed upon any person, who, unless authorized
by law, shall sell, trade, administer, dispense, deliver, give away to another,
distribute dispatch in transit or transport any dangerous drug, including any
and all species of opium poppy regardless of the quantity and purity involved,
or shall act as a broker in any of such transactions.
The penalty of imprisonment ranging from twelve
(12) years and one (1) day to twenty (20) years and a fine ranging from One
hundred thousand pesos (P100,000.00) to Five hundred thousand pesos
(P500,000.00) shall be imposed upon any person, who, unless authorized by law,
shall sell, trade, administer, dispense, deliver, give away to another,
distribute, dispatch in transit or transport any controlled precursor and
essential chemical, or shall act as a broker in such transactions.
If the sale, trading, administration,
dispensation, delivery, distribution or transportation of any dangerous drug
and/or controlled precursor and essential chemical transpires within one
hundred (100) meters from the school, the maximum penalty shall be imposed in
every case.
For drug pushers who use minors or mentally
incapacitated individuals as runners, couriers and messengers, or in any other
capacity directly connected to the dangerous drugs and/or controlled precursors
and essential chemical trade, the maximum penalty shall be imposed in every
case.
If the victim of the offense is a minor or a
mentally incapacitated individual, or should a dangerous drug and/or a
controlled precursor and essential chemical involved in any offense herein
provided be the proximate cause of death of a victim thereof, the maximum
penalty provided for under this Section shall be imposed.
The maximum penalty provided for under this
Section shall be imposed upon any person who organizes, manages or acts as a
"financier" of any of the illegal activities prescribed in this
Section.
The penalty of twelve (12) years and one (1) day
to twenty (20) years of imprisonment and a fine ranging from One hundred
thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall
be imposed upon any person, who acts as a "protector/coddler" of any
violator of the provisions under this Section.
Section 6. Maintenance of a Den, Dive or Resort. - The penalty of life imprisonment to death and a fine ranging
from Five hundred thousand pesos (P500,000.00) to Ten million pesos
(P10,000,000.00) shall be imposed upon any person or group of persons who shall
maintain a den, dive or resort where any dangerous drug is used or sold in any
form.
The penalty of imprisonment ranging from twelve
(12) years and one (1) day to twenty (20) years and a fine ranging from One
hundred thousand pesos (P100,000.00) to Five hundred thousand pesos
(P500,000.00) shall be imposed upon any person or group of persons who shall
maintain a den, dive, or resort where any controlled precursor and essential
chemical is used or sold in any form.
The maximum penalty provided for under this
Section shall be imposed in every case where any dangerous drug is
administered, delivered or sold to a minor who is allowed to use the same in
such a place.
Should any dangerous drug be the proximate cause
of the death of a person using the same in such den, dive or resort, the
penalty of death and a fine ranging from One million (P1,000,000.00) to Fifteen
million pesos (P500,000.00) shall be imposed on the maintainer, owner and/or
operator.
If such den, dive or resort is owned by a third
person, the same shall be confiscated and escheated in favor of the government:
Provided, That the criminal complaint shall specifically allege that
such place is intentionally used in the furtherance of the crime: Provided,
further, That the prosecution shall prove such intent on the part of the
owner to use the property for such purpose: Provided, finally, That the
owner shall be included as an accused in the criminal complaint.
The maximum penalty provided for under this
Section shall be imposed upon any person who organizes, manages or acts as a
"financier" of any of the illegal activities prescribed in this
Section.
The penalty twelve (12) years and one (1) day to
twenty (20) years of imprisonment and a fine ranging from One hundred thousand
pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be
imposed upon any person, who acts as a "protector/coddler" of any
violator of the provisions under this Section.
Section 7. Employees and Visitors of a Den, Dive or Resort. - The penalty of imprisonment ranging from twelve (12) years and
one (1) day to twenty (20) years and a fine ranging from One hundred thousand
pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be
imposed upon:
(a) Any employee of
a den, dive or resort, who is aware of the nature of the place as such; and
(b) Any person who,
not being included in the provisions of the next preceding, paragraph, is aware
of the nature of the place as such and shall knowingly visit the same
Section 8. Manufacture of Dangerous Drugs and/or Controlled Precursors and
Essential Chemicals. - The penalty of life
imprisonment to death and a fine ranging Five hundred thousand pesos
(P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any
person, who, unless authorized by law, shall engage in the manufacture of any
dangerous drug.
The penalty of imprisonment ranging from twelve
(12) years and one (1) day to twenty (20) years and a fine ranging from One
hundred thousand pesos (P100,000.00) to Five hundred thousand pesos
(P500,000.00) shall be imposed upon any person, who, unless authorized by law,
shall manufacture any controlled precursor and essential chemical.
The presence of any controlled precursor and
essential chemical or laboratory equipment in the clandestine laboratory is a prima
facie proof of manufacture of any dangerous drug. It shall be considered an
aggravating circumstance if the clandestine laboratory is undertaken or
established under the following circumstances:
(a) Any phase of
the manufacturing process was conducted in the presence or with the help of
minor/s:
(b) Any phase or
manufacturing process was established or undertaken within one hundred (100)
meters of a residential, business, church or school premises;
(c) Any clandestine
laboratory was secured or protected with booby traps;
(d) Any clandestine
laboratory was concealed with legitimate business operations; or
(e) Any employment
of a practitioner, chemical engineer, public official or foreigner.
The maximum penalty provided for under this
Section shall be imposed upon any person, who organizes, manages or acts as a
"financier" of any of the illegal activities prescribed in this
Section.
The penalty of twelve (12) years and one (1) day
to twenty (20) years of imprisonment and a fine ranging from One hundred
thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall
be imposed upon any person, who acts as a "protector/coddler" of any
violator of the provisions under this Section.
Section 9. Illegal Chemical Diversion of Controlled Precursors and Essential
Chemicals. - The penalty of imprisonment ranging from
twelve (12) years and one (1) day to twenty (20) years and a fine ranging from
One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos
(P500,000.00) shall be imposed upon any person, who, unless authorized by law,
shall illegally divert any controlled precursor and essential chemical.
Section 10. Manufacture or Delivery of Equipment, Instrument, Apparatus, and
Other Paraphernalia for Dangerous Drugs and/or Controlled Precursors and
Essential Chemicals. - The penalty of
imprisonment ranging from twelve (12) years and one (1) day to twenty (20)
years and a fine ranging from One hundred thousand pesos (P100,000.00) to Five
hundred thousand pesos (P500,000.00) shall be imposed upon any person who shall
deliver, possess with intent to deliver, or manufacture with intent to deliver
equipment, instrument, apparatus and other paraphernalia for dangerous drugs,
knowing, or under circumstances where one reasonably should know, that it will
be used to plant, propagate, cultivate, grow, harvest, manufacture, compound,
convert, produce, process, prepare, test, analyze, pack, repack, store, contain
or conceal any dangerous drug and/or controlled precursor and essential
chemical in violation of this Act.
The penalty of imprisonment ranging from six (6)
months and one (1) day to four (4) years and a fine ranging from Ten thousand
pesos (P10,000.00) to Fifty thousand pesos (P50,000.00) shall be imposed if it
will be used to inject, ingest, inhale or otherwise introduce into the human
body a dangerous drug in violation of this Act.
The maximum penalty provided for under this
Section shall be imposed upon any person, who uses a minor or a mentally
incapacitated individual to deliver such equipment, instrument, apparatus and
other paraphernalia for dangerous drugs.
Section 11. Possession of Dangerous Drugs.
- The penalty of life imprisonment to death and a fine ranging from Five
hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00)
shall be imposed upon any person, who, unless authorized by law, shall possess
any dangerous drug in the following quantities, regardless of the degree of
purity thereof:
(1) 10 grams or
more of opium;
(2) 10 grams or
more of morphine;
(3) 10 grams or
more of heroin;
(4) 10 grams or
more of cocaine or cocaine hydrochloride;
(5) 50 grams or
more of methamphetamine hydrochloride or "shabu";
(6) 10 grams or
more of marijuana resin or marijuana resin oil;
(7) 500 grams or
more of marijuana; and
(8) 10 grams or
more of other dangerous drugs such as, but not limited to,
methylenedioxymethamphetamine (MDA) or "ecstasy",
paramethoxyamphetamine (PMA), trimethoxyamphetamine (TMA), lysergic acid
diethylamine (LSD), gamma hydroxyamphetamine (GHB), and those similarly
designed or newly introduced drugs and their derivatives, without having any
therapeutic value or if the quantity possessed is far beyond therapeutic requirements,
as determined and promulgated by the Board in accordance to Section 93, Article
XI of this Act.
Otherwise, if the quantity involved is less than
the foregoing quantities, the penalties shall be graduated as follows:
(1) Life
imprisonment and a fine ranging from Four hundred thousand pesos (P400,000.00)
to Five hundred thousand pesos (P500,000.00), if the quantity of
methamphetamine hydrochloride or "shabu" is ten (10) grams or more
but less than fifty (50) grams;
(2) Imprisonment of
twenty (20) years and one (1) day to life imprisonment and a fine ranging from
Four hundred thousand pesos (P400,000.00) to Five hundred thousand pesos
(P500,000.00), if the quantities of dangerous drugs are five (5) grams or more
but less than ten (10) grams of opium, morphine, heroin, cocaine or cocaine
hydrochloride, marijuana resin or marijuana resin oil, methamphetamine
hydrochloride or "shabu", or other dangerous drugs such as, but not
limited to, MDMA or "ecstasy", PMA, TMA, LSD, GHB, and those
similarly designed or newly introduced drugs and their derivatives, without
having any therapeutic value or if the quantity possessed is far beyond
therapeutic requirements; or three hundred (300) grams or more but less than
five (hundred) 500) grams of marijuana; and
(3) Imprisonment of
twelve (12) years and one (1) day to twenty (20) years and a fine ranging from
Three hundred thousand pesos (P300,000.00) to Four hundred thousand pesos
(P400,000.00), if the quantities of dangerous drugs are less than five (5)
grams of opium, morphine, heroin, cocaine or cocaine hydrochloride, marijuana
resin or marijuana resin oil, methamphetamine hydrochloride or
"shabu", or other dangerous drugs such as, but not limited to, MDMA
or "ecstasy", PMA, TMA, LSD, GHB, and those similarly designed or
newly introduced drugs and their derivatives, without having any therapeutic
value or if the quantity possessed is far beyond therapeutic requirements; or
less than three hundred (300) grams of marijuana.
Section 12. Possession of Equipment, Instrument, Apparatus and Other
Paraphernalia for Dangerous Drugs. - The
penalty of imprisonment ranging from six (6) months and one (1) day to four (4)
years and a fine ranging from Ten thousand pesos (P10,000.00) to Fifty thousand
pesos (P50,000.00) shall be imposed upon any person, who, unless authorized by
law, shall possess or have under his/her control any equipment, instrument,
apparatus and other paraphernalia fit or intended for smoking, consuming,
administering, injecting, ingesting, or introducing any dangerous drug into the
body: Provided, That in the case of medical practitioners and various
professionals who are required to carry such equipment, instrument, apparatus
and other paraphernalia in the practice of their profession, the Board shall
prescribe the necessary implementing guidelines thereof.
The possession of such equipment, instrument,
apparatus and other paraphernalia fit or intended for any of the purposes
enumerated in the preceding paragraph shall be prima facie evidence that
the possessor has smoked, consumed, administered to himself/herself, injected,
ingested or used a dangerous drug and shall be presumed to have violated
Section 15 of this Act.
Section 13. Possession of Dangerous Drugs During Parties, Social Gatherings or
Meetings. – Any person found
possessing any dangerous drug during a party, or at a social gathering or
meeting, or in the proximate company of at least two (2) persons, shall suffer
the maximum penalties provided for in Section 11 of this Act, regardless of the
quantity and purity of such dangerous drugs.
Section 14. Possession of Equipment, Instrument, Apparatus and Other
Paraphernalia for Dangerous Drugs During Parties, Social Gatherings or Meetings. - The maximum penalty provided for in Section 12 of this Act
shall be imposed upon any person, who shall possess or have under his/her
control any equipment, instrument, apparatus and other paraphernalia fit or
intended for smoking, consuming, administering, injecting, ingesting, or
introducing any dangerous drug into the body, during parties, social gatherings
or meetings, or in the proximate company of at least two (2) persons.
Section 15. Use of Dangerous Drugs.
– A person apprehended or arrested, who is found to be positive for use
of any dangerous drug, after a confirmatory test, shall be imposed a penalty of
a minimum of six (6) months rehabilitation in a government center for the first
offense, subject to the provisions of Article VIII of this Act. If apprehended
using any dangerous drug for the second time, he/she shall suffer the penalty
of imprisonment ranging from six (6) years and one (1) day to twelve (12) years
and a fine ranging from Fifty thousand pesos (P50,000.00) to Two hundred
thousand pesos (P200,000.00): Provided, That this Section shall not be
applicable where the person tested is also found to have in his/her possession
such quantity of any dangerous drug provided for under Section 11 of this Act,
in which case the provisions stated therein shall apply.
Section 16. Cultivation or Culture of Plants Classified as Dangerous Drugs or
are Sources Thereof. - The penalty of life
imprisonment to death and a fine ranging from Five hundred thousand pesos
(P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any
person, who shall plant, cultivate or culture marijuana, opium poppy or any
other plant regardless of quantity, which is or may hereafter be classified as
a dangerous drug or as a source from which any dangerous drug may be
manufactured or derived: Provided, That in the case of medical
laboratories and medical research centers which cultivate or culture marijuana,
opium poppy and other plants, or materials of such dangerous drugs for medical
experiments and research purposes, or for the creation of new types of
medicine, the Board shall prescribe the necessary implementing guidelines for
the proper cultivation, culture, handling, experimentation and disposal of such
plants and materials.
The land or portions thereof and/or greenhouses
on which any of said plants is cultivated or cultured shall be confiscated and
escheated in favor of the State, unless the owner thereof can prove lack of
knowledge of such cultivation or culture despite the exercise of due diligence
on his/her part. If the land involved is part of the public domain, the maximum
penalty provided for under this Section shall be imposed upon the offender.
The maximum penalty provided for under this
Section shall be imposed upon any person, who organizes, manages or acts as a
"financier" of any of the illegal activities prescribed in this
Section.
The penalty of twelve (12) years and one (1) day
to twenty (20) years of imprisonment and a fine ranging from One hundred
thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall
be imposed upon any person, who acts as a "protector/coddler" of any
violator of the provisions under this Section.
Section 17. Maintenance and Keeping of Original Records of Transactions on
Dangerous Drugs and/or Controlled Precursors and Essential Chemicals. - The penalty of imprisonment ranging from one (1) year and one (1)
day to six (6) years and a fine ranging from Ten thousand pesos (P10,000.00) to
Fifty thousand pesos (P50,000.00) shall be imposed upon any practitioner,
manufacturer, wholesaler, importer, distributor, dealer or retailer who
violates or fails to comply with the maintenance and keeping of the original
records of transactions on any dangerous drug and/or controlled precursor and
essential chemical in accordance with Section 40 of this Act.
An additional penalty shall be imposed through
the revocation of the license to practice his/her profession, in case of a
practitioner, or of the business, in case of a manufacturer, seller, importer,
distributor, dealer or retailer.
Section 18. Unnecessary Prescription of Dangerous Drugs. – The
penalty of imprisonment ranging from twelve (12) years and one (1) day to
twenty (20) years and a fine ranging from One hundred thousand pesos
(P100,000.00) to Five hundred thousand pesos (P500,000.00) and the additional
penalty of the revocation of his/her license to practice shall be imposed upon
the practitioner, who shall prescribe any dangerous drug to any person whose
physical or physiological condition does not require the use or in the dosage
prescribed therein, as determined by the Board in consultation with recognized
competent experts who are authorized representatives of professional
organizations of practitioners, particularly those who are involved in the care
of persons with severe pain.
Section 19. Unlawful Prescription of Dangerous Drugs. – The
penalty of life imprisonment to death and a fine ranging from Five hundred
thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be
imposed upon any person, who, unless authorized by law, shall make or issue a
prescription or any other writing purporting to be a prescription for any
dangerous drug.
Section 20. Confiscation and Forfeiture of the Proceeds or Instruments of
the Unlawful Act, Including the Properties or Proceeds Derived from the Illegal
Trafficking of Dangerous Drugs and/or Precursors and Essential Chemicals.
– Every penalty imposed for the unlawful importation, sale, trading,
administration, dispensation, delivery, distribution, transportation or
manufacture of any dangerous drug and/or controlled precursor and essential
chemical, the cultivation or culture of plants which are sources of dangerous
drugs, and the possession of any equipment, instrument, apparatus and other
paraphernalia for dangerous drugs including other laboratory equipment, shall
carry with it 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, unless they are the
property of a third person not liable for the unlawful act, but those which are
not of lawful commerce shall be ordered destroyed without delay pursuant to the
provisions of Section 21 of this Act.
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: Provided, however, That 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.
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.
The proceeds of any sale or disposition of any
property confiscated or forfeited under this 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. The proceeds in excess of the above
expenses shall accrue to the Board to be used in its campaign against illegal
drugs.
Section 21. Custody and Disposition of Confiscated, Seized, and/or Surrendered
Dangerous Drugs, Plant Sources of Dangerous Drugs, Controlled Precursors and
Essential Chemicals, Instruments/Paraphernalia and/or Laboratory Equipment. – The PDEA shall take charge and have custody of all
dangerous drugs, plant sources of dangerous drugs, controlled precursors and
essential chemicals, as well as instruments/paraphernalia and/or laboratory
equipment so confiscated, seized and/or surrendered, for proper disposition in
the following manner:
(1) The
apprehending team having initial custody and control of the drugs shall,
immediately after seizure and confiscation, physically inventory and photograph
the same in the presence of the accused or the person/s from whom such items
were confiscated and/or seized, or his/her representative or counsel, a
representative from the media and the Department of Justice (DOJ), and any
elected public official who shall be required to sign the copies of the
inventory and be given a copy thereof;
(2) Within
twenty-four (24) hours upon confiscation/seizure of dangerous drugs, plant
sources of dangerous drugs, controlled precursors and essential chemicals, as
well as instruments/paraphernalia and/or laboratory equipment, the same shall
be submitted to the PDEA Forensic Laboratory for a qualitative and quantitative
examination;
(3) A certification
of the forensic laboratory examination results, which shall be done under oath
by the forensic laboratory examiner, shall be issued within twenty-four (24)
hours after the receipt of the subject item/s: Provided, That when the
volume of the dangerous drugs, plant sources of dangerous drugs, and controlled
precursors and essential chemicals does not allow the completion of testing
within the time frame, a partial laboratory examination report shall be
provisionally issued stating therein the quantities of dangerous drugs still to
be examined by the forensic laboratory: Provided, however, That a final
certification shall be issued on the completed forensic laboratory examination
on the same within the next twenty-four (24) hours;
(4) After the
filing of the criminal case, the Court shall, within seventy-two (72) hours,
conduct an ocular inspection of the confiscated, seized and/or surrendered
dangerous drugs, plant sources of dangerous drugs, and controlled precursors
and essential chemicals, including the instruments/paraphernalia and/or
laboratory equipment, and through the PDEA shall within twenty-four (24) hours
thereafter proceed with the destruction or burning of the same, in the presence
of the accused or the person/s from whom such items were confiscated and/or
seized, or his/her representative or counsel, a representative from the media
and the DOJ, civil society groups and any elected public official. The Board
shall draw up the guidelines on the manner of proper disposition and
destruction of such item/s which shall be borne by the offender: Provided,
That those item/s of lawful commerce, as determined by the Board, shall be
donated, used or recycled for legitimate purposes: Provided, further,
That a representative sample, duly weighed and recorded is retained;
(5) The Board shall
then issue a sworn certification as to the fact of destruction or burning of
the subject item/s which, together with the representative sample/s in the
custody of the PDEA, shall be submitted to the court having jurisdiction over
the case. In all instances, the representative sample/s shall be kept to a
minimum quantity as determined by the Board;
(6) The alleged
offender or his/her representative or counsel shall be allowed to personally
observe all of the above proceedings and his/her presence shall not constitute
an admission of guilt. In case the said offender or accused refuses or fails to
appoint a representative after due notice in writing to the accused or his/her
counsel within seventy-two (72) hours before the actual burning or destruction
of the evidence in question, the Secretary of Justice shall appoint a member of
the public attorney's office to represent the former;
(7) After the
promulgation and judgment in the criminal case wherein the representative
sample/s was presented as evidence in court, the trial prosecutor shall inform
the Board of the final termination of the case and, in turn, shall request the
court for leave to turn over the said representative sample/s to the PDEA for
proper disposition and destruction within twenty-four (24) hours from receipt
of the same; and
(8) Transitory
Provision: a) Within twenty-four (24) hours from the effectivity of this Act,
dangerous drugs defined herein which are presently in possession of law
enforcement agencies shall, with leave of court, be burned or destroyed, in the
presence of representatives of the Court, DOJ, Department of Health (DOH) and
the accused/and or his/her counsel, and, b) Pending the organization of the
PDEA, the custody, disposition, and burning or destruction of
seized/surrendered dangerous drugs provided under this Section shall be
implemented by the DOH.
Section 22. Grant of Compensation, Reward and Award. – The Board shall recommend to the concerned government
agency the grant of compensation, reward and award to any person providing
information and to law enforcers participating in the operation, which results
in the successful confiscation, seizure or surrender of dangerous drugs, plant
sources of dangerous drugs, and controlled precursors and essential chemicals.
Section 23. Plea-Bargaining Provision.
– Any person charged under any provision of this Act regardless of the
imposable penalty shall not be allowed to avail of the provision on
plea-bargaining.
Section 24. Non-Applicability of the Probation Law for Drug Traffickers
and Pushers. – Any person convicted for drug trafficking or pushing
under this Act, regardless of the penalty imposed by the Court, cannot avail of
the privilege granted by the Probation Law or Presidential Decree No. 968, as
amended.
Section 25. Qualifying Aggravating Circumstances in the Commission of a
Crime by an Offender Under the Influence of Dangerous Drugs. –
Notwithstanding the provisions of any law to the contrary, a positive finding
for the use of dangerous drugs shall be a qualifying aggravating circumstance
in the commission of a crime by an offender, and the application of the penalty
provided for in the Revised Penal Code shall be applicable.
Section 26. Attempt or Conspiracy. –
Any attempt or conspiracy to commit the following unlawful acts shall be
penalized by the same penalty prescribed for the commission of the same as
provided under this Act:
(a) Importation of
any dangerous drug and/or controlled precursor and essential chemical;
(b) Sale, trading,
administration, dispensation, delivery, distribution and transportation of any
dangerous drug and/or controlled precursor and essential chemical;
(c) Maintenance of
a den, dive or resort where any dangerous drug is used in any form;
(d) Manufacture of
any dangerous drug and/or controlled precursor and essential chemical; and
(e) Cultivation or
culture of plants which are sources of dangerous drugs.
Section 27. Criminal Liability of a Public Officer or Employee for
Misappropriation, Misapplication or Failure to Account for the Confiscated,
Seized and/or Surrendered Dangerous Drugs, Plant Sources of Dangerous Drugs,
Controlled Precursors and Essential Chemicals, Instruments/Paraphernalia and/or
Laboratory Equipment Including the Proceeds or Properties Obtained from the
Unlawful Act Committed. – The
penalty of life imprisonment to death and a fine ranging from Five hundred
thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00), in addition
to absolute perpetual disqualification from any public office, shall be imposed
upon any public officer or employee who misappropriates, misapplies or fails to
account for confiscated, seized or surrendered dangerous drugs, plant sources
of dangerous drugs, controlled precursors and essential chemicals,
instruments/paraphernalia and/or laboratory equipment including the proceeds or
properties obtained from the unlawful acts as provided for in this Act.
Any elective local or national official found to
have benefited from the proceeds of the trafficking of dangerous drugs as
prescribed in this Act, or have received any financial or material
contributions or donations from natural or juridical persons found guilty of
trafficking dangerous drugs as prescribed in this Act, shall be removed from
office and perpetually disqualified from holding any elective or appointive
positions in the government, its divisions, subdivisions, and intermediaries,
including government-owned or –controlled corporations.
Section 28. Criminal Liability of Government Officials and Employees. – The maximum penalties of the unlawful acts provided for
in this Act shall be imposed, in addition to absolute perpetual disqualification
from any public office, if those found guilty of such unlawful acts are
government officials and employees.
Section 29. Criminal Liability for Planting of Evidence. – Any person who is found guilty of "planting"
any dangerous drug and/or controlled precursor and essential chemical,
regardless of quantity and purity, shall suffer the penalty of death.
Section 30. Criminal Liability of Officers of Partnerships, Corporations,
Associations or Other Juridical Entities. – In case any violation of
this Act is committed by a partnership, corporation, association or any
juridical entity, the partner, president, director, manager, trustee, estate
administrator, or officer who consents to or knowingly tolerates such violation
shall be held criminally liable as a co-principal.
The penalty provided for the offense under this
Act shall be imposed upon the partner, president, director, manager, trustee,
estate administrator, or officer who knowingly authorizes, tolerates or
consents to the use of a vehicle, vessel, aircraft, equipment or other
facility, as an instrument in the importation, sale, trading, administration,
dispensation, delivery, distribution, transportation or manufacture of
dangerous drugs, or chemical diversion, if such vehicle, vessel, aircraft,
equipment or other instrument is owned by or under the control or supervision
of the partnership, corporation, association or juridical entity to which they
are affiliated.
Section 31. Additional Penalty if Offender is an Alien. – In addition to the penalties prescribed in the unlawful
act committed, any alien who violates such provisions of this Act shall, after
service of sentence, be deported immediately without further proceedings,
unless the penalty is death.
Section 32. Liability to a Person Violating Any Regulation Issued by the
Board. – The penalty of imprisonment ranging from six (6) months and
one (1) day to four (4) years and a fine ranging from Ten thousand pesos
(P10,000.00) to Fifty thousand pesos (P50,000.00) shall be imposed upon any
person found violating any regulation duly issued by the Board pursuant to this
Act, in addition to the administrative sanctions imposed by the Board.
Section 33. Immunity from Prosecution and Punishment. – Notwithstanding the provisions of Section 17, Rule 119 of
the Revised Rules of Criminal Procedure and the provisions of Republic Act No.
6981 or the Witness Protection, Security and Benefit Act of 1991, any person
who has violated Sections 7, 11, 12, 14, 15, and 19, Article II of this Act,
who voluntarily gives information about any violation of Sections 4, 5, 6, 8,
10, 13, and 16, Article II of this Act as well as any violation of the offenses
mentioned if committed by a drug syndicate, or any information leading to the
whereabouts, identities and arrest of all or any of the members thereof; and
who willingly testifies against such persons as described above, shall be
exempted from prosecution or punishment for the offense with reference to which
his/her information of testimony were given, and may plead or prove the giving
of such information and testimony in bar of such prosecution: Provided,
That the following conditions concur:
(1) The information
and testimony are necessary for the conviction of the persons described above;
(2) Such
information and testimony are not yet in the possession of the State;
(3) Such
information and testimony can be corroborated on its material points;
(4) the informant
or witness has not been previously convicted of a crime involving moral
turpitude, except when there is no other direct evidence available for the
State other than the information and testimony of said informant or witness;
and
(5) The informant
or witness shall strictly and faithfully comply without delay, any condition or
undertaking, reduced into writing, lawfully imposed by the State as further
consideration for the grant of immunity from prosecution and punishment.
Provided, further, That this immunity may be enjoyed by such informant or witness
who does not appear to be most guilty for the offense with reference to which
his/her information or testimony were given: Provided, finally, That
there is no direct evidence available for the State except for the information
and testimony of the said informant or witness.
Section 34. Termination of the Grant of Immunity. – The immunity
granted to the informant or witness, as prescribed in Section 33 of this Act,
shall not attach should it turn out subsequently that the information and/or
testimony is false, malicious or made only for the purpose of harassing, molesting
or in any way prejudicing the persons described in the preceding Section
against whom such information or testimony is directed against. In such case,
the informant or witness shall be subject to prosecution and the enjoyment of
all rights and benefits previously accorded him under this Act or any other
law, decree or order shall be deemed terminated.
In case an informant or witness under this Act
fails or refuses to testify without just cause, and when lawfully obliged to do
so, or should he/she violate any condition accompanying such immunity as
provided above, his/her immunity shall be removed and he/she shall likewise be
subject to contempt and/or criminal prosecution, as the case may be, and the
enjoyment of all rights and benefits previously accorded him under this Act or
in any other law, decree or order shall be deemed terminated.
In case the informant or witness referred to
under this Act falls under the applicability of this Section hereof, such
individual cannot avail of the provisions under Article VIII of this Act.
Section 35. Accessory Penalties.
– A person convicted under this Act shall be disqualified to exercise
his/her civil rights such as but not limited to, the rights of parental
authority or guardianship, either as to the person or property of any ward, the
rights to dispose of such property by any act or any conveyance inter vivos,
and political rights such as but not limited to, the right to vote and be voted
for. Such rights shall also be suspended during the pendency of an appeal from
such conviction.
ARTICLE
III
Dangerous
Drugs Test and Record Requirements
Section 36. Authorized Drug Testing.
– Authorized drug testing shall be done by any government forensic
laboratories or by any of the drug testing laboratories accredited and
monitored by the DOH to safeguard the quality of test results. The DOH shall
take steps in setting the price of the drug test with DOH accredited drug
testing centers to further reduce the cost of such drug test. The drug testing
shall employ, among others, two (2) testing methods, the screening test which
will determine the positive result as well as the type of the drug used and the
confirmatory test which will confirm a positive screening test. Drug test
certificates issued by accredited drug testing centers shall be valid for a
one-year period from the date of issue which may be used for other purposes.
The following shall be subjected to undergo drug testing:
(a) Applicants for
driver's license. – No driver's license shall be issued or renewed to any
person unless he/she presents a certification that he/she has undergone a
mandatory drug test and indicating thereon that he/she is free from the use of
dangerous drugs;
(b) Applicants for
firearm's license and for permit to carry firearms outside of residence.
– All applicants for firearm's license and permit to carry firearms
outside of residence shall undergo a mandatory drug test to ensure that they
are free from the use of dangerous drugs: Provided, That all persons who
by the nature of their profession carry firearms shall undergo drug testing;
(c) Students of
secondary and tertiary schools. – Students of secondary and tertiary
schools shall, pursuant to the related rules and regulations as contained in
the school's student handbook and with notice to the parents, undergo a random
drug testing: Provided, That all drug testing expenses whether in public
or private schools under this Section will be borne by the government;
(d) Officers and
employees of public and private offices. – Officers and employees of
public and private offices, whether domestic or overseas, shall be subjected to
undergo a random drug test as contained in the company's work rules and
regulations, which shall be borne by the employer, for purposes of reducing the
risk in the workplace. Any officer or employee found positive for use of
dangerous drugs shall be dealt with administratively which shall be a ground
for suspension or termination, subject to the provisions of Article 282 of the
Labor Code and pertinent provisions of the Civil Service Law;
(e) Officers and
members of the military, police and other law enforcement agencies. –
Officers and members of the military, police and other law enforcement agencies
shall undergo an annual mandatory drug test;
(f) All persons
charged before the prosecutor's office with a criminal offense having an
imposable penalty of imprisonment of not less than six (6) years and one (1)
day shall have to undergo a mandatory drug test; and
(g) All candidates
for public office whether appointed or elected both in the national or local
government shall undergo a mandatory drug test.
In addition to the
above stated penalties in this Section, those found to be positive for
dangerous drugs use shall be subject to the provisions of Section 15 of this
Act.
Section 37. Issuance of False or Fraudulent Drug Test Results. – Any person authorized, licensed or accredited under this
Act and its implementing rules to conduct drug examination or test, who issues
false or fraudulent drug test results knowingly, willfully or through gross
negligence, shall suffer the penalty of imprisonment ranging from six (6) years
and one (1) day to twelve (12) years and a fine ranging from One hundred
thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00).
An additional penalty shall be imposed through
the revocation of the license to practice his/her profession in case of a
practitioner, and the closure of the drug testing center.
Section 38. Laboratory Examination or Test on Apprehended/Arrested
Offenders. – Subject to Section 15 of this Act, any person
apprehended or arrested for violating the provisions of this Act shall be
subjected to screening laboratory examination or test within twenty-four (24)
hours, if the apprehending or arresting officer has reasonable ground to believe
that the person apprehended or arrested, on account of physical signs or
symptoms or other visible or outward manifestation, is under the influence of
dangerous drugs. If found to be positive, the results of the screening
laboratory examination or test shall be challenged within fifteen (15) days
after receipt of the result through a confirmatory test conducted in any
accredited analytical laboratory equipment with a gas chromatograph/mass
spectrometry equipment or some such modern and accepted method, if confirmed
the same shall be prima facie evidence that such person has used
dangerous drugs, which is without prejudice for the prosecution for other
violations of the provisions of this Act: Provided, That a positive
screening laboratory test must be confirmed for it to be valid in a court of
law.
Section 39. Accreditation of Drug Testing Centers and Physicians. – The DOH shall be tasked to license and accredit drug
testing centers in each province and city in order to assure their capacity,
competence, integrity and stability to conduct the laboratory examinations and
tests provided in this Article, and appoint such technical and other personnel
as may be necessary for the effective implementation of this provision. The DOH
shall also accredit physicians who shall conduct the drug dependency
examination of a drug dependent as well as the after-care and follow-up program
for the said drug dependent. There shall be a control regulations, licensing
and accreditation division under the supervision of the DOH for this purpose.
For this purpose, the DOH shall establish,
operate and maintain drug testing centers in government hospitals, which must
be provided at least with basic technologically advanced equipment and
materials, in order to conduct the laboratory examination and tests herein
provided, and appoint such qualified and duly trained technical and other
personnel as may be necessary for the effective implementation of this
provision.
Section 40. Records Required for Transactions on Dangerous Drug and Precursors
and Essential Chemicals. –
a) Every pharmacist
dealing in dangerous drugs and/or controlled precursors and essential chemicals
shall maintain and keep an original record of sales, purchases, acquisitions
and deliveries of dangerous drugs, indicating therein the following
information:
(1) License number
and address of the pharmacist;
(2) Name, address
and license of the manufacturer, importer or wholesaler from whom the dangerous
drugs have been purchased;
(3) Quantity and
name of the dangerous drugs purchased or acquired;
(4) Date of
acquisition or purchase;
(5) Name, address
and community tax certificate number of the buyer;
(6) Serial number
of the prescription and the name of the physician, dentist, veterinarian or
practitioner issuing the same;
(7) Quantity and
name of the dangerous drugs sold or delivered; and
(8) Date of sale or
delivery.
A certified true
copy of such record covering a period of six (6) months, duly signed by the
pharmacist or the owner of the drugstore, pharmacy or chemical establishment,
shall be forwarded to the Board within fifteen (15) days following the last day
of June and December of each year, with a copy thereof furnished the city or
municipal health officer concerned.
(b) A physician,
dentist, veterinarian or practitioner authorized to prescribe any dangerous
drug shall issue the prescription therefor in one (1) original and two (2)
duplicate copies. The original, after the prescription has been filled, shall
be retained by the pharmacist for a period of one (1) year from the date of
sale or delivery of such drug. One (1) copy shall be retained by the buyer or
by the person to whom the drug is delivered until such drug is consumed, while
the second copy shall be retained by the person issuing the prescription.
For purposes of
this Act, all prescriptions issued by physicians, dentists, veterinarians or
practitioners shall be written on forms exclusively issued by and obtainable
from the DOH. Such forms shall be made of a special kind of paper and shall be
distributed in such quantities and contain such information and other data as
the DOH may, by rules and regulations, require. Such forms shall only be issued
by the DOH through its authorized employees to licensed physicians, dentists,
veterinarians and practitioners in such quantities as the Board may authorize.
In emergency cases, however, as the Board may specify in the public interest, a
prescription need not be accomplished on such forms. The prescribing physician,
dentist, veterinarian or practitioner shall, within three (3) days after
issuing such prescription, inform the DOH of the same in writing. No
prescription once served by the drugstore or pharmacy be reused nor any
prescription once issued be refilled.
(c) All
manufacturers, wholesalers, distributors, importers, dealers and retailers of
dangerous drugs and/or controlled precursors and essential chemicals shall keep
a record of all inventories, sales, purchases, acquisitions and deliveries of
the same as well as the names, addresses and licenses of the persons from whom
such items were purchased or acquired or to whom such items were sold or
delivered, the name and quantity of the same and the date of the transactions.
Such records may be subjected anytime for review by the Board.
ARTICLE
IV
Participation
of the Family, Students, Teachers and School Authorities in the Enforcement of
this Act
Section 41. Involvement of the Family.
– The family being the basic unit of the Filipino society shall be
primarily responsible for the education and awareness of the members of the
family on the ill effects of dangerous drugs and close monitoring of family
members who may be susceptible to drug abuse.
Section 42. Student Councils and Campus Organizations. – All
elementary, secondary and tertiary schools' student councils and campus
organizations shall include in their activities a program for the prevention of
and deterrence in the use of dangerous drugs, and referral for treatment and
rehabilitation of students for drug dependence.
Section 43. School Curricula.
– Instruction on drug abuse prevention and control shall be integrated in
the elementary, secondary and tertiary curricula of all public and private
schools, whether general, technical, vocational or agro-industrial as well as
in non-formal, informal and indigenous learning systems. Such instructions
shall include:
(1) Adverse effects
of the abuse and misuse of dangerous drugs on the person, the family, the
school and the community;
(2) Preventive
measures against drug abuse;
(3) Health,
socio-cultural, psychological, legal and economic dimensions and implications
of the drug problem;
(4) Steps to take
when intervention on behalf of a drug dependent is needed, as well as the
services available for the treatment and rehabilitation of drug dependents; and
(5) Misconceptions
about the use of dangerous drugs such as, but not limited to, the importance
and safety of dangerous drugs for medical and therapeutic use as well as the
differentiation between medical patients and drug dependents in order to avoid
confusion and accidental stigmatization in the consciousness of the students.
Section 44. Heads, Supervisors, and Teachers of Schools. – For
the purpose of enforcing the provisions of Article II of this Act, all school
heads, supervisors and teachers shall be deemed persons in authority and, as
such, are hereby empowered to apprehend, arrest or cause the apprehension or
arrest of any person who shall violate any of the said provisions, pursuant to
Section 5, Rule 113 of the Rules of Court. They shall be deemed persons in authority
if they are in the school or within its immediate vicinity, or even beyond such
immediate vicinity if they are in attendance at any school or class function in
their official capacity as school heads, supervisors, and teachers.
Any teacher or school employee, who discovers or
finds that any person in the school or within its immediate vicinity is liable
for violating any of said provisions, shall have the duty to report the same to
the school head or immediate superior who shall, in turn, report the matter to
the proper authorities.
Failure to do so in either case, within a
reasonable period from the time of discovery of the violation shall, after due
hearing, constitute sufficient cause for disciplinary action by the school
authorities.
Section 45. Publication and Distribution of Materials on Dangerous Drugs. – With the assistance of the Board, the Secretary of the
Department of Education (DepEd), the Chairman of the Commission on Higher
Education (CHED) and the Director-General of the Technical Education and Skills
Development Authority (TESDA) shall cause the development, publication and
distribution of information and support educational materials on dangerous
drugs to the students, the faculty, the parents, and the community.
Section 46. Special Drug Education Center.
– With the assistance of the Board, the Department of the Interior and
Local Government (DILG), the National Youth Commission (NYC), and the
Department of Social Welfare and Development (DSWD) shall establish in each of
its provincial office a special education drug center for out-of-school youth
and street children. Such Center which shall be headed by the Provincial
Social. Welfare Development Officer shall sponsor drug prevention programs and
activities and information campaigns with the end in view of educating the
out-of-school youth and street children regarding the pernicious effects of
drug abuse. The programs initiated by the Center shall likewise be adopted in
all public and private orphanage and existing special centers for street
children.
ARTICLE
V
Promotion
of a National Drug-Free Workplace Program With the Participation of Private and
Labor Sectors and the Department of Labor and Employment
Section 47. Drug-Free Workplace.
– It is deemed a policy of the State to promote drug-free workplaces
using a tripartite approach. With the assistance of the Board, the Department
of Labor and Employment (DOLE) shall develop, promote and implement a national
drug abuse prevention program in the workplace to be adopted by private
companies with ten (10) or more employees. Such program shall include the
mandatory drafting and adoption of company policies against drug use in the
workplace in close consultation and coordination with the DOLE, labor and
employer organizations, human resource development managers and other such
private sector organizations.
Section 48. Guidelines for the National Drug-Free Workplace Program.
– The Board and the DOLE shall formulate the necessary guidelines for the
implementation of the national drug-free workplace program. The amount
necessary for the implementation of which shall be included in the annual
General Appropriations Act.
ARTICLE
VI
Participation
of the Private and Labor Sectors in the Enforcement of this Act
Section 49. Labor Organizations and the Private Sector. – All labor unions, federations, associations, or
organizations in cooperation with the respective private sector partners shall
include in their collective bargaining or any similar agreements, joint
continuing programs and information campaigns for the laborers similar to the
programs provided under Section 47 of this Act with the end in view of
achieving a drug free workplace.
Section 50. Government Assistance. – The labor sector and the
respective partners may, in pursuit of the programs mentioned in the preceding
Section, secure the technical assistance, such as but not limited to, seminars
and information dissemination campaigns of the appropriate government and law
enforcement agencies.
ARTICLE
VII
Participation
of Local Government Units
Section 51. Local Government Units' Assistance. – Local government units shall appropriate a substantial
portion of their respective annual budgets to assist in or enhance the
enforcement of this Act giving priority to preventive or educational programs
and the rehabilitation or treatment of drug dependents.
Section 52. Abatement of Drug Related Public Nuisances. – Any
place or premises which have been used on two or more occasions as the site of
the unlawful sale or delivery of dangerous drugs may be declared to be a public
nuisance, and such nuisance may be abated, pursuant to the following
procedures:
(1) Any city or
municipality may, by ordinance, create an administrative board to hear
complaints regarding the nuisances;
(2) any employee,
officer, or resident of the city or municipality may bring a complaint before
the Board after giving not less than three (3) days written notice of such
complaint to the owner of the place or premises at his/her last known address;
and
(3) After hearing
in which the Board may consider any evidence, including evidence of the general
reputation of the place or premises, and at which the owner of the premises
shall have an opportunity to present evidence in his/her defense, the Board may
declare the place or premises to be a public nuisance.
Section 53. Effect of Board Declaration.
– If the Board declares a place or premises to be a public nuisance, it
may declare an order immediately prohibiting the conduct, operation, or
maintenance of any business or activity on the premises which is conducive to
such nuisance.
An order entered under this Section shall expire
after one (1) year or at such earlier time as stated in the order. The Board
may bring a complaint seeking a permanent injunction against any nuisance
described under this Section.
This Article does not restrict the right of any
person to proceed under the Civil Code against any public nuisance.
ARTICLE
VIII
Program
for Treatment and Rehabilitation of Drug Dependents
Section 54. Voluntary Submission of a Drug Dependent to Confinement,
Treatment and Rehabilitation. – A drug dependent or any person who
violates Section 15 of this Act may, by himself/herself or through his/her
parent, spouse, guardian or relative within the fourth degree of consanguinity
or affinity, apply to the Board or its duly recognized representative, for treatment
and rehabilitation of the drug dependency. Upon such application, the Board
shall bring forth the matter to the Court which shall order that the applicant
be examined for drug dependency. If the examination by a DOH-accredited
physician results in the issuance of a certification that the applicant is a
drug dependent, he/she shall be ordered by the Court to undergo treatment and
rehabilitation in a Center designated by the Board for a period of not less
than six (6) months: Provided, That a drug dependent may be placed under
the care of a DOH-accredited physician where there is no Center near or
accessible to the residence of the drug dependent or where said drug dependent
is below eighteen (18) years of age and is a first-time offender and non-confinement
in a Center will not pose a serious danger to his/her family or the community.
Confinement in a Center for treatment and
rehabilitation shall not exceed one (1) year, after which time the Court, as
well as the Board, shall be apprised by the head of the treatment and
rehabilitation center of the status of said drug dependent and determine
whether further confinement will be for the welfare of the drug dependent and
his/her family or the community.
Section 55. Exemption from the Criminal Liability Under the Voluntary
Submission Program. A drug dependent under
the voluntary submission program, who is finally discharged from confinement,
shall be exempt from the criminal liability under Section 15 of this act
subject to the following conditions:
(1) He/she has
complied with the rules and regulations of the center, the applicable rules and
regulations of the Board, including the after-care and follow-up program for at
least eighteen (18) months following temporary discharge from confinement in
the Center or, in the case of a dependent placed under the care of the
DOH-accredited physician, the after-care program and follow-up schedule
formulated by the DSWD and approved by the Board: Provided, That
capability-building of local government social workers shall be undertaken by
the DSWD;
(2) He/she has
never been charged or convicted of any offense punishable under this Act, the
Dangerous Drugs Act of 1972 or Republic Act No. 6425, as amended; the Revised
Penal Code, as amended; or any special penal laws;
(3) He/she has no
record of escape from a Center: Provided, That had he/she escaped,
he/she surrendered by himself/herself or through his/her parent, spouse,
guardian or relative within the fourth degree of consanguinity or affinity,
within one (1) week from the date of the said escape; and
(4) He/she poses no
serious danger to himself/herself, his/her family or the community by his/her
exemption from criminal liability.
Section 56. Temporary Release From the Center; After-Care and Follow-Up
Treatment Under the Voluntary Submission Program. – Upon certification of the Center that the drug dependent
within the voluntary submission program may be temporarily released, the Court
shall order his/her release on condition that said drug dependent shall report
to the DOH for after-care and follow-up treatment, including urine testing, for
a period not exceeding eighteen (18) months under such terms and conditions
that the Court may impose.
If during the period of after-care and follow-up,
the drug dependent is certified to be rehabilitated, he/she may be discharged
by the Court, subject to the provisions of Section 55 of this Act, without
prejudice to the outcome of any pending case filed in court.
However, should the DOH find that during the
initial after-care and follow-up program of eighteen (18) months, the drug
dependent requires further treatment and rehabilitation in the Center, he/she
shall be recommitted to the Center for confinement. Thereafter, he/she may
again be certified for temporary release and ordered released for another
after-care and follow-up program pursuant to this Section.
Section 57. Probation and Community Service Under the Voluntary Submission
Program. – A drug dependent who is discharged as
rehabilitated by the DOH-accredited Center through the voluntary submission
program, but does not qualify for exemption from criminal liability under
Section 55 of this Act, may be charged under the provisions of this Act, but
shall be placed on probation and undergo a community service in lieu of
imprisonment and/or fine in the discretion of the court, without prejudice to
the outcome of any pending case filed in court.
Such drug dependent shall undergo community
service as part of his/her after-care and follow-up program, which may be done
in coordination with nongovernmental civil organizations accredited by the
DSWD, with the recommendation of the Board.
Section 58. Filing of Charges Against a Drug Dependent Who is Not
Rehabilitated Under the Voluntary Submission Program. – A drug
dependent, who is not rehabilitated after the second commitment to the Center
under the voluntary submission program, shall, upon recommendation of the
Board, be charged for violation of Section 15 of this Act and prosecuted like
any other offender. If convicted, he/she shall be credited for the period of
confinement and rehabilitation in the Center in the service of his/her
sentence.
Section 59. Escape and Recommitment for Confinement and Rehabilitation Under
the Voluntary Submission Program.
– Should a drug dependent under the voluntary submission program escape
from the Center, he/she may submit himself/herself for recommitment within one
(1) week therefrom, or his/her parent, spouse, guardian or relative within the
fourth degree of consanguinity or affinity may, within said period, surrender
him for recommitment, in which case the corresponding order shall be issued by
the Board.
Should the escapee fail to submit himself/herself
or be surrendered after one (1) week, the Board shall apply to the court for a
recommitment order upon proof of previous commitment or his/her voluntary
submission by the Board, the court may issue an order for recommitment within
one (1) week.
If, subsequent to a recommitment, the dependent
once again escapes from confinement, he/she shall be charged for violation of
Section 15 of this Act and he subjected under section 61 of this Act, either
upon order of the Board or upon order of the court, as the case may be.
Section 60. Confidentiality of Records Under the Voluntary Submission
Program. – Judicial and medical records of drug dependents under the
voluntary submission program shall be confidential and shall not be used
against him for any purpose, except to determine how many times, by
himself/herself or through his/her parent, spouse, guardian or relative within
the fourth degree of consanguinity or affinity, he/she voluntarily submitted
himself/herself for confinement, treatment and rehabilitation or has been
committed to a Center under this program.
Section 61. Compulsory Confinement of a Drug Dependent Who Refuses to Apply
Under the Voluntary Submission Program.
– Notwithstanding any law, rule and regulation to the contrary, any
person determined and found to be dependent on dangerous drugs shall, upon
petition by the Board or any of its authorized representative, be confined for
treatment and rehabilitation in any Center duly designated or accredited for
the purpose.
A petition for the confinement of a person
alleged to be dependent on dangerous drugs to a Center may be filed by any
person authorized by the Board with the Regional Trial Court of the province or
city where such person is found.
After the petition is filed, the court, by an
order, shall immediately fix a date for the hearing, and a copy of such order
shall be served on the person alleged to be dependent on dangerous drugs, and
to the one having charge of him.
If after such hearing and the facts so warrant,
the court shall order the drug dependent to be examined by two (2) physicians
accredited by the Board. If both physicians conclude that the respondent is not
a drug dependent, the court shall order his/her discharge. If either physician
finds him to be a dependent, the court shall conduct a hearing and consider all
relevant evidence which may be offered. If the court finds him a drug dependent,
it shall issue an order for his/her commitment to a treatment and
rehabilitation center under the supervision of the DOH. In any event, the order
of discharge or order of confinement or commitment shall be issued not later
than fifteen (15) days from the filing of the appropriate petition.
Section 62. Compulsory Submission of a Drug Dependent Charged with an
Offense to Treatment and Rehabilitation. – If a person charged with
an offense where the imposable penalty is imprisonment of less than six (6)
years and one (1) day, and is found by the prosecutor or by the court, at any
stage of the proceedings, to be a drug dependent, the prosecutor or the court
as the case may be, shall suspend all further proceedings and transmit copies
of the record of the case to the Board.
In the event he Board determines, after medical
examination, that public interest requires that such drug dependent be
committed to a center for treatment and rehabilitation, it shall file a
petition for his/her commitment with the regional trial court of the province
or city where he/she is being investigated or tried: Provided, That
where a criminal case is pending in court, such petition shall be filed in the
said court. The court shall take judicial notice of the prior proceedings in
the case and shall proceed to hear the petition. If the court finds him to be a
drug dependent, it shall order his/her commitment to a Center for treatment and
rehabilitation. The head of said Center shall submit to the court every four
(4) months, or as often as the court may require, a written report on the
progress of the treatment. If the dependent is rehabilitated, as certified by
the center and the Board, he/she shall be returned to the court, which
committed him, for his/her discharge therefrom.
Thereafter, his/her prosecution for any offense
punishable by law shall be instituted or shall continue, as the case may be. In
case of conviction, the judgment shall, if the accused is certified by the
treatment and rehabilitation center to have maintained good behavior, indicate
that he/she shall be given full credit for the period he/she was confined in
the Center: Provided, however, That when the offense is for violation of
Section 15 of this Act and the accused is not a recidivist, the penalty thereof
shall be deemed to have been served in the Center upon his/her release
therefrom after certification by the Center and the Board that he/she is
rehabilitated.
Section 63. Prescription of the Offense Charged Against a Drug Dependent Under
the Compulsory Submission Program.
– The period of prescription of the offense charged against a drug
dependent under the compulsory submission program shall not run during the time
that the drug dependent is under confinement in a Center or otherwise under the
treatment and rehabilitation program approved by the Board.
Upon certification of the Center that he/she may
temporarily be discharged from the said Center, the court shall order his/her
release on condition that he/she shall report to the Board through the DOH for
after-care and follow-up treatment for a period not exceeding eighteen (18)
months under such terms and conditions as may be imposed by the Board.
If at anytime during the after-care and follow-up
period, the Board certifies to his/her complete rehabilitation, the court shall
order his/her final discharge from confinement and order for the immediate
resumption of the trial of the case for which he/she is originally charged.
Should the Board through the DOH find at anytime during the after-care and
follow-up period that he/she requires further treatment and rehabilitation, it
shall report to the court, which shall order his/her recommitment to the
Center.
Should the drug dependent, having been committed
to a Center upon petition by the Board escape therefrom, he/she may resubmit
himself/herself for confinement within one (1) week from the date of his/her
escape; or his/her parent, spouse, guardian or relative within the fourth
degree of consanguinity or affinity may, within the same period, surrender him
for recommitment. If, however, the drug dependent does not resubmit
himself/herself for confinement or he/she is not surrendered for recommitment,
the Board may apply with the court for the issuance of the recommitment order.
Upon proof of previous commitment, the court shall issue an order for
recommitment. If, subsequent to such recommitment, he/she should escape again,
he/she shall no longer be exempt from criminal liability for use of any
dangerous drug.
A drug dependent committed under this particular
Section who is finally discharged from confinement shall be exempt from
criminal liability under Section 15 of this Act, without prejudice to the
outcome of any pending case filed in court. On the other hand, a drug dependent
who is not rehabilitated after a second commitment to the Center shall, upon
conviction by the appropriate court, suffer the same penalties provided for
under Section 15 of this Act again without prejudice to the outcome of any
pending case filed in court.
Section 64. Confidentiality of Records Under the Compulsory Submission
Program. – The records of a drug dependent who was rehabilitated and
discharged from the Center under the compulsory submission program, or who was
charged for violation of Section 15 of this Act, shall be covered by Section 60
of this Act. However, the records of a drug dependent who was not
rehabilitated, or who escaped but did not surrender himself/herself within the
prescribed period, shall be forwarded to the court and their use shall be
determined by the court, taking into consideration public interest and the
welfare of the drug dependent.
Section 65. Duty of the Prosecutor in the Proceedings. – It shall be the duty of the provincial or the city
prosecutor or their assistants or state prosecutors to prepare the appropriate
petition in all proceedings arising from this Act.
Section 66. Suspension of Sentence of a First-Time Minor Offender. – An accused who is over fifteen (15) years of age at the
time of the commission of the offense mentioned in Section 11 of this Act, but
not more than eighteen (18) years of age at the time when judgment should have
been promulgated after having been found guilty of said offense, may be given
the benefits of a suspended sentence, subject to the following conditions:
(a) He/she has not
been previously convicted of violating any provision of this Act, or of the
Dangerous Drugs Act of 1972, as amended; or of the Revised Penal Code; or of
any special penal laws;
(b) He/she has not
been previously committed to a Center or to the care of a DOH-accredited
physician; and
(c) The Board
favorably recommends that his/her sentence be suspended.
While under suspended sentence, he/she shall be
under the supervision and rehabilitative surveillance of the Board, under such
conditions that the court may impose for a period ranging from six (6) months
to eighteen (18) months.
Upon recommendation of the Board, the court may
commit the accused under suspended sentence to a Center, or to the care of a
DOH-accredited physician for at least six (6) months, with after-care and
follow-up program for not more than eighteen (18) months.
In the case of minors under fifteen (15) years of
age at the time of the commission of any offense penalized under this Act,
Article 192 of Presidential Decree No. 603, otherwise known as the Child and
Youth Welfare Code, as amended by Presidential Decree No. 1179 shall apply,
without prejudice to the application of the provisions of this Section.
Section 67. Discharge After Compliance with Conditions of Suspended Sentence of
a First-Time Minor Offender. – If the
accused first time minor offender under suspended sentence complies with the
applicable rules and regulations of the Board, including confinement in a
Center, the court, upon a favorable recommendation of the Board for the final
discharge of the accused, shall discharge the accused and dismiss all
proceedings.
Upon the dismissal of the proceedings against the
accused, the court shall enter an order to expunge all official records, other
than the confidential record to be retained by the DOJ relating to the case.
Such an order, which shall be kept confidential, shall restore the accused to
his/her status prior to the case. He/she shall not be held thereafter to be
guilty of perjury or of concealment or misrepresentation by reason of his/her
failure to acknowledge the case or recite any fact related thereto in response
to any inquiry made of him for any purpose.
Section 68. Privilege of Suspended Sentence to be Availed of Only Once by a
First-Time Minor Offender. – The privilege of suspended sentence
shall be availed of only once by an accused drug dependent who is a first-time
offender over fifteen (15) years of age at the time of the commission of the
violation of Section 15 of this Act but not more than eighteen (18) years of
age at the time when judgment should have been promulgated.
Section 69. Promulgation of Sentence for First-Time Minor Offender. – If the accused first-time minor offender violates any of
the conditions of his/her suspended sentence, the applicable rules and regulations
of the Board exercising supervision and rehabilitative surveillance over him,
including the rules and regulations of the Center should confinement be
required, the court shall pronounce judgment of conviction and he/she shall
serve sentence as any other convicted person.
Section 70. Probation or Community Service for a First-Time Minor Offender
in Lieu of Imprisonment. – Upon promulgation of the sentence, the
court may, in its discretion, place the accused under probation, even if the
sentence provided under this Act is higher than that provided under existing
law on probation, or impose community service in lieu of imprisonment. In case
of probation, the supervision and rehabilitative surveillance shall be
undertaken by the Board through the DOH in coordination with the Board of
Pardons and Parole and the Probation Administration. Upon compliance with the
conditions of the probation, the Board shall submit a written report to the
court recommending termination of probation and a final discharge of the
probationer, whereupon the court shall issue such an order.
The community service shall be complied with
under conditions, time and place as may be determined by the court in its
discretion and upon the recommendation of the Board and shall apply only to
violators of Section 15 of this Act. The completion of the community service
shall be under the supervision and rehabilitative surveillance of the Board
during the period required by the court. Thereafter, the Board shall render a
report on the manner of compliance of said community service. The court in its
discretion may require extension of the community service or order a final
discharge.
In both cases, the judicial records shall be
covered by the provisions of Sections 60 and 64 of this Act.
If the sentence promulgated by the court requires
imprisonment, the period spent in the Center by the accused during the
suspended sentence period shall be deducted from the sentence to be served.
Section 71. Records to be kept by the Department of Justice. – The DOJ shall keep a confidential record of the
proceedings on suspension of sentence and shall not be used for any purpose
other than to determine whether or not a person accused under this Act is a
first-time minor offender.
Section 72. Liability of a Person Who Violates the Confidentiality of
Records. – The penalty of imprisonment ranging from six (6) months
and one (1) day to six (6) years and a fine ranging from One thousand pesos
(P1,000.00) to Six thousand pesos (P6,000.00), shall be imposed upon any person
who, having official custody of or access to the confidential records of any
drug dependent under voluntary submission programs, or anyone who, having
gained possession of said records, whether lawfully or not, reveals their
content to any person other than those charged with the prosecution of the
offenses under this Act and its implementation. The maximum penalty shall be
imposed, in addition to absolute perpetual disqualification from any public
office, when the offender is a government official or employee. Should the
records be used for unlawful purposes, such as blackmail of the drug dependent
or the members of his/her family, the penalty imposed for the crime of
violation of confidentiality shall be in addition to whatever crime he/she may
be convicted of.
Section 73. Liability of a Parent, Spouse or Guardian Who Refuses to Cooperate
with the Board or any Concerned Agency.
– Any parent, spouse or guardian who, without valid reason, refuses to
cooperate with the Board or any concerned agency in the treatment and
rehabilitation of a drug dependent who is a minor, or in any manner, prevents
or delays the after-care, follow-up or other programs for the welfare of the
accused drug dependent, whether under voluntary submission program or compulsory
submission program, may be cited for contempt by the court.
Section 74. Cost-Sharing in the Treatment and Rehabilitation of a Drug
Dependent. – The parent, spouse, guardian or any relative within the
fourth degree of consanguinity of any person who is confined under the
voluntary submission program or compulsory submission program shall be charged
a certain percentage of the cost of his/her treatment and rehabilitation, the
guidelines of which shall be formulated by the DSWD taking into consideration
the economic status of the family of the person confined. The guidelines
therein formulated shall be implemented by a social worker of the local
government unit.
Section 75. Treatment and Rehabilitation Centers. – The existing treatment and rehabilitation centers for
drug dependents operated and maintained by the NBI and the PNP shall be
operated, maintained and managed by the DOH in coordination with other
concerned agencies. For the purpose of enlarging the network of centers, the
Board through the DOH shall encourage, promote or whenever feasible, assist or
support in the establishment, operations and maintenance of private centers
which shall be eligible to receive grants, donations or subsidy from either
government or private sources. It shall also support the establishment of
government-operated regional treatment and rehabilitation centers depending
upon the availability of funds. The national government, through its
appropriate agencies shall give priority funding for the increase of subsidy to
existing government drug rehabilitation centers, and shall establish at least
one (1) drug rehabilitation center in each province, depending on the
availability of funds.
Section 76. The Duties and Responsibilities of the Department of health (DOH)
Under this Act. – The DOH shall:
(1) Oversee the
monitor the integration, coordination and supervision of all drug
rehabilitation, intervention, after-care and follow-up programs, projects and
activities as well as the establishment, operations, maintenance and management
of privately-owned drug treatment rehabilitation centers and drug testing
networks and laboratories throughout the country in coordination with the DSWD
and other agencies;
(2) License,
accredit, establish and maintain drug test network and laboratory, initiate,
conduct and support scientific research on drugs and drug control;
(3) Encourage,
assist and accredit private centers, promulgate rules and regulations setting
minimum standards for their accreditation to assure their competence, integrity
and stability;
(4) Prescribe and
promulgate rules and regulations governing the establishment of such Centers as
it may deem necessary after conducting a feasibility study thereof;
(5) The DOH shall,
without prejudice to the criminal prosecution of those found guilty of
violating this Act, order the closure of a Center for treatment and
rehabilitation of drug dependency when, after investigation it is found guilty
of violating the provisions of this Act or regulations issued by the Board; and
(6) Charge
reasonable fees for drug dependency examinations, other medical and legal
services provided to the public, which shall accrue to the Board. All income
derived from these sources shall be part of the funds constituted as special
funds for the implementation of this Act under Section 87.
ARTICLE
IX
Dangerous
Drugs Board and Philippine Drug Enforcement Agency
Section 77. The Dangerous Drugs Board.
– The Board shall be the policy-making and strategy-formulating body in
the planning and formulation of policies and programs on drug prevention and
control. It shall develop and adopt a comprehensive, integrated, unified and
balanced national drug abuse prevention and control strategy. It shall be under
the Office of the President.
Section 78. Composition of the Board. – The Board shall be
composed of seventeen (17) members wherein three (3) of which are permanent
members, the other twelve (12) members shall be in an ex officio
capacity and the two (2) shall be regular members.
The three (3) permanent members, who shall
possess at least seven-year training and experience in the field of dangerous
drugs and in any of the following fields: in law, medicine, criminology,
psychology or social work, shall be appointed by the President of the
Philippines. The President shall designate a Chairman, who shall have the rank
of a secretary from among the three (3) permanent members who shall serve for
six (6) years. Of the two (2) other members, who shall both have the rank of
undersecretary, one (1) shall serve for four (4) years and the other for two
(2) years. Thereafter, the persons appointed to succeed such members shall hold
office for a term of six (6) years and until their successors shall have been
duly appointed and qualified.
The other twelve (12) members who shall be ex
officio members of the Board are the following:
(1) Secretary of
the Department of Justice or his/her representative;
(2) Secretary of
the Department of Health or his/her representative;
(3) Secretary of
the Department of National Defense or his/her representative;
(4) Secretary of
the Department of Finance or his/her representative;
(5) Secretary of
the Department of Labor and Employment or his/her representative;
(6) Secretary of
the Department of the Interior and Local Government or his/her representative;
(7) Secretary of
the Department of Social Welfare and Development or his/her representative;
(8) Secretary of
the Department of Foreign Affairs or his/her representative;
(9) Secretary of
the Department of Education or his/her representative;
(10) Chairman of
the Commission on Higher Education or his/her representative;
(11) Chairman of
the National Youth Commission;
(12) Director
General of the Philippine Drug Enforcement Agency.
Cabinet secretaries who are members of the Board
may designate their duly authorized and permanent representatives whose ranks
shall in no case be lower than undersecretary.
The two (2) regular members shall be as follows:
(a) The president
of the Integrated Bar of the Philippines; and
(b) The chairman or
president of a non-government organization involved in dangerous drug campaign
to be appointed by the President of the Philippines.
The Director of the NBI and the Chief of the PNP
shall be the permanent consultants of the Board, and shall attend all the
meetings of the Board.
All members of the Board as well as its permanent
consultants shall receive a per diem for every meeting actually attended
subject to the pertinent budgetary laws, rules and regulations on compensation,
honoraria and allowances: Provided, That where the representative of an ex
officio member or of the permanent consultant of the Board attends a
meeting in behalf of the latter, such representative shall be entitled to
receive the per diem.
Section 79. Meetings of the Board.
– The Board shall meet once a week or as often as necessary at the
discretion of the Chairman or at the call of any four (4) other members. The
presence of nine (9) members shall constitute a quorum.
Section 80. Secretariat of the Board. – The Board shall recommend
to the President of the Philippines the appointment of an Executive Director,
with the rank of an undersecretary, who shall be the Secretary of the Board and
administrative officer of its secretariat, and shall perform such other duties
that may be assigned to him/her. He/she must possess adequate knowledge,
training and experience in the field of dangerous drugs, and in any of the
following fields: law enforcement, law, medicine, criminology, psychology or
social work.
Two deputies executive director, for
administration and operations, with the ranks of assistant secretary, shall be
appointed by the President upon recommendation of the Board. They shall possess
the same qualifications as those of the executive director. They shall receive
a salary corresponding to their position as prescribed by the Salary
Standardization Law as a Career Service Officer.
The existing secretariat of the Board shall be
under the administrative control and supervision of the Executive Director. It
shall be composed of the following divisions, namely: Policy Studies, Research
and Statistics; Preventive Education, Training and Information; Legal Affairs;
and the Administrative and Financial Management.
Section 81. Powers and Duties of the Board.
– The Board shall:
(a) Formulate,
develop and establish a comprehensive, integrated, unified and balanced
national drug use prevention and control strategy;
(b) 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;
(c) Conduct policy
studies, program monitoring and evaluations and other researches on drug
prevention, control and enforcement;
(d) Initiate,
conduct and support scientific, clinical, social, psychological, physical and
biological researches on dangerous drugs and dangerous drugs prevention and
control measures;
(e) Develop an
educational program and information drive on the hazards and prevention of
illegal use of any dangerous drug and/or controlled precursor and essential
chemical based on factual data, and disseminate the same to the general public,
for which purpose the Board shall endeavor to make the general public aware of
the hazards of any dangerous drugs and/or controlled precursor and essential
chemical by providing among others, literature, films, displays or
advertisements and by coordinating with all institutions of learning as well as
with all national and local enforcement agencies in planning and conducting its
educational campaign programs to be implemented by the appropriate government
agencies;
(f) Conduct
continuing seminars for, and consultations with, and provide information
materials to judges and prosecutors in coordination with the Office of the
Court Administrator, in the case of judges, and the DOJ, in the case of
prosecutors, which aim to provide them with the current developments and
programs of the Board pertinent to its campaign against dangerous drugs and its
scientific researches on dangerous drugs, its prevention and control measures;
(g) Design special
trainings in order to provide law enforcement officers, members of the
judiciary, and prosecutors, school authorities and personnel of centers with
knowledge and know-how in dangerous drugs and/or controlled precursors and
essential chemicals control in coordination with the Supreme Court to meet the
objectives of the national drug control programs;
(h) Design and
develop, in consultation and coordination with the DOH, DSWD and other agencies
involved in drugs control, treatment and rehabilitation, both public and
private, a national treatment and rehabilitation program for drug dependents
including a standard aftercare and community service program for recovering
drug dependents;
(i) Design and
develop, jointly with the DOLE and in consultation with labor and employer
groups as well as nongovernment organizations a drug abuse prevention program
in the workplace that would include a provision for employee assistance
programs for emotionally-stressed employees;
(j) Initiate and
authorize closure proceedings against non-accredited and/or substandard
rehabilitation centers based on verified reports of human rights violations,
subhuman conditions, inadequate medical training and assistance and excessive
fees for implementation by the PDEA;
(k) Prescribe and
promulgate rules and regulations governing the establishment of such centers,
networks and laboratories as deemed necessary after conducting a feasibility
study in coordination with the DOH and other government agencies;
(l) Receive,
gather, collect and evaluate all information on the importation, exportation,
production, manufacture, sale, stocks, seizures of and the estimated need for
any dangerous drug and/or controlled precursor and essential chemical, for
which purpose the Board may require from any official, instrumentality or
agency of the government or any private person or enterprise dealing in, or
engaged in activities having to do with any dangerous drug and/or controlled
precursors and essential chemicals such data or information as it may need to
implement this Act;
(m) Gather and
prepare detailed statistics on the importation, exportation, manufacture,
stocks, seizures of and estimates need for any dangerous drug and/or controlled
precursors and essential chemicals and such other statistical data on said
drugs as may be periodically required by the United Nations Narcotics Drug
Commission, the World Health Organization and other international organizations
in consonance with the country's international commitments;
(n) Develop and
maintain international networking coordination with international drug control
agencies and organizations, and implement the provisions of international
conventions and agreements thereon which have been adopted and approved by the
Congress of the Philippines;
(o) Require all
government and private hospitals, clinics, doctors, dentists and other
practitioners to submit a report to it, in coordination with the PDEA, about
all dangerous drugs and/or controlled precursors and essential
chemicals-related cases to which they have attended for statistics and research
purposes;
(p) Receive in trust
legacies, gifts and donations of real and personal properties of all kinds, to
administer and dispose the same when necessary for the benefit of government
and private rehabilitation centers subject to limitations, directions and
instructions from the donors, if any;
(q) Issue
guidelines as to the approval or disapproval of applications for voluntary
treatment, rehabilitation or confinement, wherein it shall issue the necessary
guidelines, rules and regulations pertaining to the application and its enforcement;
(r) Formulate
guidelines, in coordination with other government agencies, the importation,
distribution, production, manufacture, compounding, prescription, dispensing
and sale of, and other lawful acts in connection with any dangerous drug, controlled
precursors and essential chemicals and other similar or analogous substances of
such kind and in such quantity as it may deem necessary according to the
medical and research needs or requirements of the country including diet pills
containing ephedrine and other addictive chemicals and determine the quantity
and/or quality of dangerous drugs and controlled precursors and essential
chemicals to be imported, manufactured and held in stock at any given time by
authorized importer, manufacturer or distributor of such drugs;
(s) Develop the
utilization of a controlled delivery scheme in addressing the transshipment of
dangerous drugs into and out of the country to neutralize transnational crime
syndicates involved in illegal trafficking of any dangerous drugs and/or
controlled precursors and essential chemicals;
(t) Recommend the
revocation of the professional license of any practitioner who is an owner,
co-owner, lessee, or in the employ of the drug establishment, or manager of a
partnership, corporation, association, or any juridical entity owning and/or
controlling such drug establishment, and who knowingly participates in, or
consents to, tolerates, or abets the commission of the act of violations as
indicated in the preceding paragraph, all without prejudice to the criminal
prosecution of the person responsible for the said violation;
(u) Appoint such
technical, administrative and other personnel as may be necessary for the
effective implementation of this Act, subject to the Civil Service Law and its
rules and regulations;
(v) Establish a
regular and continuing consultation with concerned government agencies and
medical professional organizations to determine if balance exists in policies,
procedures, rules and regulations on dangerous drugs and to provide
recommendations on how the lawful use of dangerous drugs can be improved and
facilitated; and
(w) Submit an
annual and periodic reports to the President, the Congress of the Philippines
and the Senate and House of Representatives committees concerned as may be
required from time to time, and perform such other functions as may be
authorized or required under existing laws and as directed by the President
himself/herself or as recommended by the congressional committees concerned.
Section 82. Creation of the Philippine Drug Enforcement Agency (PDEA).
– To carry out the provisions of this Act, the PDEA, which serves as the
implementing arm of the Board, and shall be 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 in this Act.
The PDEA shall be headed by a Director General
with the rank of Undersecretary, who shall be responsible for the general
administration and management of the Agency. The Director General of the PDEA
shall be appointed by the President of the Philippines and shall perform such
other duties that may be assigned to him/her. He/she must possess adequate
knowledge, training and experience in the field of dangerous drugs, and in any
of the following fields: law enforcement, law, medicine, criminology,
psychology or social work.
The Director General of the PDEA shall be
assisted in the performance of his/her duties and responsibilities by two (2)
deputies director general with the rank of Assistant Secretary; one for
Operations and the other one for Administration. The two (2) deputies director
general shall likewise be appointed by the President of the Philippines upon
recommendation of the Board. The two (2) deputies director general shall
possess the same qualifications as those of the Director General of the PDEA.
The Director General and the two (2) deputies director general shall receive
the compensation and salaries as prescribed by law.
Section 83. Organization of the PDEA.
– The present Secretariat of the National Drug Law Enforcement and
Prevention Coordinating Center as created by Executive Order No. 61 shall be
accordingly modified and absorbed by the PDEA.
The Director General of the PDEA shall be
responsible for the necessary changes in the organizational set-up which shall
be submitted to the Board for approval.
For purposes of carrying out its duties and
powers as provided for in the succeeding Section of this Act, the PDEA shall
have the following Services, namely: Intelligence and Investigation;
International Cooperation and Foreign Affairs; Preventive Education and
Community Involvement; Plans and Operations; Compliance; Legal and Prosecution;
Administrative and Human Resource; Financial Management; Logistics Management;
and Internal Affairs.
The PDEA shall establish and maintain regional
offices in the different regions of the country which shall be responsible for
the implementation of this Act and the policies, programs, and projects of said
agency in their respective regions.
Section 84. Powers and Duties of the PDEA. – The PDEA shall:
(a) Implement or
cause the efficient and effective implementation of the national drug control
strategy formulated by the Board thereby carrying out a national drug campaign
program which shall include drug law enforcement, control and prevention
campaign with the assistance of concerned government agencies;
(b) Undertake the
enforcement of the provisions of Article II of this Act relative to the
unlawful acts and penalties involving any dangerous drug and/or controlled
precursor and essential chemical and investigate all violators and other
matters involved in the commission of any crime relative to the use, abuse or
trafficking of any dangerous drug and/or controlled precursor and essential
chemical as provided for in this Act and the provisions of Presidential Decree
No. 1619;
(c) Administer
oath, issue subpoena and subpoena duces tecum relative to the
conduct of investigation involving the violations of this Act;
(d) Arrest and
apprehend as well as search all violators and seize or confiscate, the effects
or proceeds of the crimes as provided by law and take custody thereof, for this
purpose the prosecutors and enforcement agents are authorized to possess
firearms, in accordance with existing laws;
(e) Take charge and
have custody of all dangerous drugs and/or controlled precursors and essential
chemicals seized, confiscated or surrendered to any national, provincial or
local law enforcement agency, if no longer needed for purposes of evidence in
court;
(f) Establish
forensic laboratories in each PNP office in every province and city in order to
facilitate action on seize or confiscated drugs, thereby hastening its
destruction without delay;
(g) Recommend to
the DOJ the forfeiture of properties and other assets of persons and/or
corporations found to be violating the provisions of this Act and in accordance
with the pertinent provisions of the Anti-Money-Laundering Act of 2001;
(h) Prepare for
prosecution or cause the filing of appropriate criminal and civil cases for
violation of all laws on dangerous drugs, controlled precursors and essential
chemicals, and other similar controlled substances, and assist, support and
coordinate with other government agencies for the proper and effective
prosecution of the same;
(i) Monitor and if
warranted by circumstances, in coordination with the Philippine Postal Office
and the Bureau of Customs, inspect all air cargo packages, parcels and mails in
the central post office, which appear from the package and address itself to be
a possible importation of dangerous drugs and/or controlled precursors and
essential chemicals, through on-line or cyber shops via the internet or
cyberspace;
(j) Conduct
eradication programs to destroy wild or illegal growth of plants from which
dangerous drugs may be extracted;
(k) Initiate and
undertake the formation of a nationwide organization which shall coordinate and
supervise all activities against drug abuse in every province, city,
municipality and barangay with the active and direct participation of all such
local government units and nongovernmental organizations, including the
citizenry, subject to the provisions of previously formulated programs of
action against dangerous drugs;
(l) Establish and
maintain a national drug intelligence system in cooperation with law
enforcement agencies, other government agencies/offices and local government
units that will assist in its apprehension of big-time drug lords;
(m) Establish and
maintain close coordination, cooperation and linkages with international drug
control and administration agencies and organizations, and implement the
applicable provisions of international conventions and agreements related to
dangerous drugs to which the Philippines is a signatory;
(n) Create and
maintain an efficient special enforcement unit to conduct an investigation,
file charges and transmit evidence to the proper court, wherein members of the
said unit shall possess suitable and adequate firearms for their protection in
connection with the performance of their duties: Provided, That no
previous special permit for such possession shall be required;
(o) Require all
government and private hospitals, clinics, doctors, dentists and other
practitioners to submit a report to it, in coordination with the Board, about
all dangerous drugs and/or controlled precursors and essential chemicals which
they have attended to for data and information purposes;
(p) Coordinate with
the Board for the facilitation of the issuance of necessary guidelines, rules
and regulations for the proper implementation of this Act;
(q) Initiate and
undertake a national campaign for drug prevention and drug control programs,
where it may enlist the assistance of any department, bureau, office, agency or
instrumentality of the government, including government-owned and or
–controlled corporations, in the anti-illegal drugs drive, which may
include the use of their respective personnel, facilities, and resources for a
more resolute detection and investigation of drug-related crimes and
prosecution of the drug traffickers; and
(r) Submit an
annual and periodic reports to the Board as may be required from time to time,
and perform such other functions as may be authorized or required under
existing laws and as directed by the President himself/herself or as
recommended by the congressional committees concerned.
Section 85. The PDEA Academy.
– Upon the approval of the Board, the PDEA Academy shall be established
either in Baguio or Tagaytay City, and in such other places as may be necessary.
The PDEA Academy shall be responsible in the recruitment and training of all
PDEA agents and personnel. The Board shall provide for the qualifications and
requirements of its recruits who must be at least twenty-one (21) years old, of
proven integrity and honesty and a Baccalaureate degree holder.
The graduates of the Academy shall later comprise
the operating units of the PDEA after the termination of the transition period
of five (5) years during which all the intelligence network and standard operating
procedures of the PDEA has been set up and operationalized.
The Academy shall be headed by a Superintendent,
with the rank of Director. He/she shall be appointed by the PDEA Director
General.
Section 86. Transfer, Absorption, and Integration of All Operating Units on
Illegal Drugs into the PDEA and Transitory Provisions. – The Narcotics Group of the PNP, the Narcotics Division of
the NBI and the Customs Narcotics Interdiction Unit are hereby abolished;
however they shall continue with the performance of their task as detail
service with the PDEA, subject to screening, until such time that the
organizational structure of the Agency is fully operational and the number of
graduates of the PDEA Academy is sufficient to do the task themselves: Provided,
That such personnel who are affected shall have the option of either being
integrated into the PDEA or remain with their original mother agencies and
shall, thereafter, be immediately reassigned to other units therein by the head
of such agencies. Such personnel who are transferred, absorbed and integrated
in the PDEA shall be extended appointments to positions similar in rank,
salary, and other emoluments and privileges granted to their respective
positions in their original mother agencies.
The transfer, absorption and integration of the
different offices and units provided for in this Section shall take effect
within eighteen (18) months from the effectivity of this Act: Provided,
That personnel absorbed and on detail service shall be given until five (5)
years to finally decide to join the PDEA.
Nothing in this Act shall mean a diminution of
the investigative powers of the NBI and the PNP on all other crimes as provided
for in their respective organic laws: Provided, however, That when the
investigation being conducted by the NBI, PNP or any ad hoc anti-drug
task force is found to be a violation of any of the provisions of this Act, the
PDEA shall be the lead agency. The NBI, PNP or any of the task force shall
immediately transfer the same to the PDEA: Provided, further, That the
NBI, PNP and the Bureau of Customs shall maintain close coordination with the
PDEA on all drug related matters.
ARTICLE
X
Appropriations,
Management of Funds and Annual Report
Section 87. Appropriations. – The
amount necessary for the operation of the Board and the PDEA shall be charged
against the current year's appropriations of the Board, the National Drug Law
Enforcement and Prevention Coordinating Center, the Narcotics Group of the PNP,
the Narcotics Division of the NBI and other drug abuse units of the different
law enforcement agencies integrated into the PDEA in order to carry out the
provisions of this Act. Thereafter, such sums as may be necessary for the
continued implementation of this Act shall be included in the annual General
Appropriations Act.
All receipts derived from fines, fees and other
income authorized and imposed in this Act, including ten percent (10%) of all
unclaimed and forfeited sweepstakes and lotto prizes but not less than twelve
million pesos (P12,000,000.00) per year from the Philippine Charity Sweepstakes
Office (PCSO), are hereby constituted as a special account in the general fund
for the implementation of this Act: Provided, That no amount shall be
disbursed to cover the operating expenses of the Board and other concerned
agencies: Provided, further, That at least fifty percent (50%) of all
the funds shall be reserved for assistance to government-owned and/or operated
rehabilitation centers.
The fines shall be remitted to the Board by the
court imposing such fines within thirty (30) days from the finality of its
decisions or orders. The unclaimed and forfeited prizes shall be turned over to
the Board by the PCSO within thirty (30) days after these are collected and declared
forfeited.
A portion of the funds generated by the
Philippine Amusement and Gaming Corporation (PAGCOR) in the amount of Five
million pesos (P5,000,000.00) a month shall be set aside for the purpose of
establishing adequate drug rehabilitation centers in the country and also for
the maintenance and operations of such centers: Provided, That the said
amount shall be taken from the fifty percent (50%) share of the National
Government in the income of PAGCOR: Provided, further, That the
said amount shall automatically be remitted by PAGCOR to the Board. The amount
shall, in turn, be disbursed by the Dangerous Drugs Board, subject to the rules
and regulations of the Commission on Audit (COA).
The fund may be augmented by grants, donations,
and endowment from various sources, domestic or foreign, for purposes related
to their functions, subject to the existing guidelines set by the government.
Section 88. Management of Funds Under this Act; Annual Report by the Board
and the PDEA. – The Board shall manage the funds as it may deem
proper for the attainment of the objectives of this Act. In addition to the
periodic reports as may be required under this Act, the Chairman of the Board
shall submit to the President of the Philippines and to the presiding officers of
both houses of Congress, within fifteen (15) days from the opening of the
regular session, an annual report on the dangerous drugs situation in the
country which shall include detailed account of the programs and projects
undertaken, statistics on crimes related to dangerous drugs, expenses incurred
pursuant to the provisions of this Act, recommended remedial legislation, if
needed, and such other relevant facts as it may deem proper to cite.
Section 89. Auditing the Accounts and Expenses of the Board and the PDEA. – All accounts and expenses of the Board and the PDEA shall
be audited by the COA or its duly authorized representative.
ARTICLE
XI
Jurisdiction
Over Dangerous Drugs Cases
Section 90. Jurisdiction. – The Supreme Court shall designate
special courts from among the existing Regional Trial Courts in each judicial
region to exclusively try and hear cases involving violations of this Act. The
number of courts designated in each judicial region shall be based on the
population and the number of cases pending in their respective jurisdiction.
The DOJ shall designate special prosecutors to
exclusively handle cases involving violations of this Act.
The preliminary investigation of cases filed
under this Act shall be terminated within a period of thirty (30) days from the
date of their filing.
When the preliminary investigation is conducted
by a public prosecutor and a probable cause is established, the corresponding
information shall be filed in court within twenty-four (24) hours from the
termination of the investigation. If the preliminary investigation is conducted
by a judge and a probable cause is found to exist, the corresponding
information shall be filed by the proper prosecutor within forty-eight (48)
hours from the date of receipt of the records of the case.
Trial of the case under this Section shall be
finished by the court not later than sixty (60) days from the date of the
filing of the information. Decision on said cases shall be rendered within a
period of fifteen (15) days from the date of submission of the case for
resolution.
Section 91. Responsibility and Liability of Law Enforcement Agencies and other
Government Officials and Employees in Testifying as Prosecution Witnesses in
Dangerous Drugs Cases. – Any member of
law enforcement agencies or any other government official and employee who,
after due notice, fails or refuses intentionally or negligently, to appear as a
witness for the prosecution in any proceedings, involving violations of this
Act, without any valid reason, shall be punished with imprisonment of not less
than twelve (12) years and one (1) day to twenty (20) years and a fine of not
less than Five hundred thousand pesos (P500,000.00), in addition to the
administrative liability he/she may be meted out by his/her immediate superior
and/or appropriate body.
The immediate superior of the member of the law
enforcement agency or any other government employee mentioned in the preceding
paragraph shall be penalized with imprisonment of not less than two (2) months
and one (1) day but not more than six (6) years and a fine of not less than Ten
thousand pesos (P10,000.00) but not more than Fifty thousand pesos (P50,000.00)
and in addition, perpetual absolute disqualification from public office if
despite due notice to them and to the witness concerned, the former does not
exert reasonable effort to present the latter to the court.
The member of the law enforcement agency or any
other government employee mentioned in the preceding paragraphs shall not be
transferred or re-assigned to any other government office located in another
territorial jurisdiction during the pendency of the case in court. However, the
concerned member of the law enforcement agency or government employee may be
transferred or re-assigned for compelling reasons: Provided, That
his/her immediate superior shall notify the court where the case is pending of
the order to transfer or re-assign, within twenty-four (24) hours from its
approval; Provided, further, That his/her immediate superior shall be
penalized with imprisonment of not less than two (2) months and one (1) day but
not more than six (6) years and a fine of not less than Ten thousand pesos
(P10,000.00) but not more than Fifty thousand pesos (P50,000.00) and in
addition, perpetual absolute disqualification from public office, should he/she
fail to notify the court of such order to transfer or re-assign.
Prosecution and punishment under this Section
shall be without prejudice to any liability for violation of any existing law.
Section 92. Delay and Bungling in the Prosecution of Drug Cases.
– Any government officer or employee tasked with the prosecution of
drug-related cases under this act, who, through patent laxity, inexcusable
neglect, unreasonable delay or deliberately causes the unsuccessful prosecution
and/or dismissal of the said drug cases, shall suffer the penalty of
imprisonment ranging from twelve (12) years and one (1) day to twenty (20)
years without prejudice to his/her prosecution under the pertinent provisions
of the Revised Penal Code.
Section 93. Reclassification, Addition or Removal of Any Drug from the List of
Dangerous Drugs. – The Board shall
have the power to reclassify, add to or remove from the list of dangerous
drugs. Proceedings to reclassify, add, or remove a drug or other substance may
be initiated by the PDEA, the DOH, or by petition from any interested party,
including the manufacturer of a drug, a medical society or association, a
pharmacy association, a public interest group concerned with drug abuse, a
national or local government agency, or an individual citizen. When a petition
is received by the Board, it shall immediately begin its own investigation of
the drug. The PDEA also may begin an investigation of a drug at any time based
upon the information received from law enforcement laboratories, national and
local law enforcement and regulatory agencies, or other sources of information.
The Board after notice and hearing shall consider
the following factors with respect to each substance proposed to be
reclassified, added or removed from control:
(a) Its actual or
relative potential for abuse;
(b) Scientific
evidence of its pharmacological effect if known;
(c) The state of
current scientific knowledge regarding the drug or other substance;
(d) Its history and
current pattern of abuse;
(e) The scope,
duration, and significance of abuse;
(f) Risk to public
health; and
(g) Whether the
substance is an immediate precursor of a substance already controlled under
this Act.
The Board shall also take into accord the
obligations and commitments to international treaties, conventions and
agreements to which the Philippines is a signatory.
The Dangerous Drugs Board shall give notice to
the general public of the public hearing of the reclassification, addition to
or removal from the list of any drug by publishing such notice in any newspaper
of general circulation once a week for two (2) weeks.
The effect of such reclassification, addition or
removal shall be as follows:
(a) In case a
dangerous drug is reclassified as precursors and essential chemicals, the
penalties for the violations of this Act involving the two latter categories of
drugs shall, in case of conviction, be imposed in all pending criminal
prosecutions;
(b) In case a
precursors and essential chemicals is reclassified as dangerous drug, the
penalties for violations of the Act involving precursors and essential
chemicals shall, in case of conviction, be imposed in all pending criminal
prosecutions;
(c) In case of the
addition of a new drug to the list of dangerous drugs and precursors and essential
chemicals, no criminal liability involving the same under this Act shall arise
until after the lapse of fifteen (15) days from the last publication of such
notice;
(d) In case of
removal of a drug from the list of dangerous drugs and precursors and essential
chemicals, all persons convicted and/or detained for the use and/or possession
of such a drug shall be automatically released and all pending criminal
prosecution involving such a drug under this Act shall forthwith be dismissed;
and
(e) The Board
shall, within five (5) days from the date of its promulgation submit to
Congress a detailed reclassification, addition, or removal of any drug from the
list of dangerous drugs.
ARTICLE
XII
Implementing
Rules and Regulations
Section 94. Implementing Rules and Regulations. – The present
Board in consultation with the DOH, DILG, DOJ, DepEd, DSWD, DOLE, PNP, NBI,
PAGCOR and the PCSO and all other concerned government agencies shall
promulgate within sixty (60) days the Implementing Rules and Regulations that
shall be necessary to implement the provisions of this Act.
ARTICLE
XIII
Final
Provisions
Section 95. Congressional Oversight Committee.
– There is hereby created a Congressional Oversight Committee composed of
seven (7) Members from the Senate and seven (7) Members from the House of
Representatives. The Members from the Senate shall be appointed by the Senate
President based on the proportional representation of the parties or coalitions
therein with at least two (2) Senators representing the Minority. The Members
from the House of Representatives shall be appointed by the Speaker, also based
on proportional representation of the parties or coalitions therein with at
least two (2) Members representing the Minority.
The Committee shall be headed by the respective
Chairpersons of the Senate Committee on Public Order and Illegal Drugs and the
House of Representatives Committee on Dangerous Drugs.
Section 96. Powers and Functions of the Oversight Committee. – The Oversight Committee on Dangerous Drugs shall, in aid
of legislation, perform the following functions, among others:
(a) To set the
guidelines and overall framework to monitor and ensure the proper
implementation of this Act;
(b) To ensure
transparency and require the submission of reports from government agencies
concerned on the conduct of programs, projects and policies relating to the
implementation of this act;
(c) To approve the
budget for the programs of the Oversight Committee on Dangerous Drugs and all
disbursements therefrom, including compensation of all personnel;
(d) To submit
periodic reports to the President of the Philippines and Congress on the
implementation of the provisions of this Act;
(e) To determine
inherent weaknesses in the law and recommend the necessary remedial legislation
or executive measures; and
(f) To perform such
other duties, functions and responsibilities as may be necessary to effectively
attain the objectives of this Act.
Section 97. Adoption of Committee Rules and Regulations, and Funding. – The Oversight Committee on Dangerous Drugs shall adopt
its internal rules of procedure, conduct hearings and receive testimonies,
reports, and technical advice, invite or summon by subpoena ad testificandum
any public official, private citizen, or any other person to testify before it,
or require any person by subpoena duces tecum documents or other
materials as it may require consistent with the provisions of this Act.
The Oversight Committee on Dangerous Drugs shall
be assisted by a secretariat to be composed by personnel who may be seconded
from the Senate and the House of Representatives and may retain consultants.
To carry out the powers and functions of the
Oversight Committee on Dangerous Drugs, the initial sum of Twenty-five million
pesos (P25,000,000.00) shall be charged against the current appropriations of
the Senate. Thereafter, such amount necessary for its continued operations
shall be included in the annual General Appropriations Act.
The Oversight Committee on Dangerous Drugs shall
exist for a period of ten (10) years from the effectivity of this Act and may
be extended by a joint concurrent resolution.
Section 98. Limited Applicability of the Revised Penal Code. –
Notwithstanding any law, rule or regulation to the contrary, the provisions of
the Revised Penal Code (Act No. 3814), as amended, shall not apply to the
provisions of this Act, except in the case of minor offenders. Where the
offender is a minor, the penalty for acts punishable by life imprisonment to
death provided herein shall be reclusion perpetua to death.
Section 99. Separability Clause.
– If for any reason any section or provision of this Act, or any portion
thereof, or the application of such section, provision or portion thereof to
any person, group or circumstance is declared invalid or unconstitutional, the
remainder of this Act shall not be affected by such declaration and shall
remain in force and effect.
Section 100. Repealing Clause. – Republic Act No. 6425, as
amended, is hereby repealed and all other laws, administrative orders, rules and
regulations, or parts thereof inconsistent with the provisions of this Act, are
hereby repealed or modified accordingly.
Section 101. Amending Clause.
– Republic Act No. 7659 is hereby amended accordingly.
Section 102. Effectivity. – This Act shall take effect fifteen
(15) days upon its publication in at least two (2) national newspapers of
general circulation.
Approved,
|
|
(Sgd)
|
(Sgd)
|
FRANKLIN M. DRILON |
JOSE DE VENECIA, JR. |
This Act which is a consolidation of Senate Bill
No. 1858 and House Bill No. 4433 was finally passed by the Senate and the House
of Representatives on May 30, 2002 and May 29, 2002, respectively.
(Sgd)
|
(Sgd)
|
||
OSCAR G. YABES |
ROBERTO P. NAZARENO |
||
Approved: January 23,
2002
|
|||
(Sgd)
|
|||
GLORIA MACAPAGAL-ARROYO |
|||