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Batas Pambansa Bilang 179
AN
ACT FURTHER AMENDING CERTAIN SECTIONS OF REPUBLIC
ACT NUMBERED SIXTY-FOUR HUNDRED AND TWENTY-FIVE, OTHERWISE KNOWN AS THE
DANGEROUS DRUGS ACT OF 1972, APPROPRIATING FUNDS THEREFOR, AND FOR
OTHER PURPOSES.
chan
robles
virtual law library
BATAS
PAMBANSA BILANG 179AN
ACT FURTHER AMENDING CERTAIN SECTIONS OF REPUBLIC
ACT NUMBERED SIXTY-FOUR HUNDRED AND TWENTY-FIVE, OTHERWISE KNOWN AS THE
DANGEROUS DRUGS ACT OF 1972, APPROPRIATING FUNDS THEREFOR, AND FOR
OTHER PURPOSES.chan
robles
virtual law library
chanrobles virtual law librarySection
1. Subparagraph (1) of
paragraph (e) and paragraphs (i) and (1) of Section 2 of Republic
Act Numbered Sixty-four hundred and twenty-five, otherwise known as the
Dangerous Act of 1972, are hereby amended to read as follows:chanroblesvirtuallawlibrarychanrobles virtual law library
"(1) "Prohibited
drug," which includes opium and its active components and derivatives,
such as heroin and morphine; coca leaf and its derivatives, principally
cocaine; alpha and beta eucaine; hallucinogenic drugs, such as
mescaline,
lysergic acid diethylamide (LSD) and other substances producing similar
effects; Indian hemp and its derivatives; all preparations made from
any
of the foregoing; and other drugs and chemical preparations, whether
natural
or synthetic, with the physiological effects of a narcotic or a
hallucinogenic
drug; or"
"(i) "Indian
hemp" — otherwise known as 'Marijuana', embraces every kind, class,
genus
or specie of the plant cannabis sativa L., including cannabis
americana,
hashish, bhang, guaza, churrus and ganjab, and embraces every kind,
class
and character thereof, whether dried or fresh and flowering, flowering
or fruiting tops or any parts or portions of the plant, seeds thereof,
and all its geographic varieties, whether as a reefer, resin, extract,
tincture or in any form whatsoever;" chanrobles virtual law library
"(l) "Opium"
— refers to the coagulated juice of the opium poppy (papaver
somniferum)
and embraces every kind, character and class 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 seeds; opium poppy straw; and leaves or wrappings of opium
leaves, whether prepared for use or not;"chanrobles virtual law library
Sec.
2. Section 2 of the same
Act is further amended by adding a new paragraph thereto to read as
follows:
"(q) "Opium
poppy" — means any part of the plant of the species papaver somniferum
L., including the seeds thereof."
Sec.
3. Section 8, Article II
of the same Act is hereby amended to read as follows: chanrobles virtual law library
"Sec.
8. Possession or Use of
Prohibited Drugs. — The penalty of imprisonment ranging from twelve
years
and one day to twenty years and a fine ranging from twelve thousand to
twenty thousand pesos shall be imposed upon any person who, unless
authorized
by law, shall possess or use any prohibited drug except Indian hemp in
regard to which the next following paragraph shall apply.
"The
penalty of imprisonment ranging from six years and one day to twelve
years
and a fine ranging from six thousand to twelve thousand pesos shall be
imposed upon any person who, unless authorized by law, shall possess or
use Indian hemp."
Sec.
4. Section 9, Article II
of the same Act is hereby amended to read as follows:
"Sec.
9. Cultivation of Plants
which are Sources of Prohibited Drugs. — The penalty of imprisonment
ranging
from fourteen years and one day to life imprisonment and a fine ranging
from fourteen thousand to thirty thousand pesos shall be imposed upon
any
person who shall plant, cultivate or culture on any medium Indian hemp,
opium poppy (papaver somniferum) or any other plant which is or may
hereafter
be classified as dangerous drug or from which any dangerous drug may be
manufactured or derived.
"The
land or portions thereof and/or green-houses on which any of said
plants
is cultivated or cultured shall be confiscated and escheated to the
State,
unless the owner thereof can prove that he did not know of such
cultivation
or culture despite the exercise of due diligence on his part.
"If
the land involved is part of the public domain, the maximum of the
penalties
herein provided shall be imposed upon the offender."
Sec.
5. Section 16, Article
III of the same Act is hereby amended to read as follows: chanrobles virtual law library
"Sec.
16. Possession or Use of
Regulated Drugs. — The penalty of imprisonment ranging from six years
and
one day to twelve years and a fine ranging from six thousand to twelve
thousand pesos shall be imposed upon any person who shall possess or
use
any regulated drug without the corresponding license or prescription."
Sec.
6. Section 20, Article
IV of the same Act is hereby amended to read as follows:
"Sec.
20. Confiscation and Forfeiture
of the Proceeds of Instruments of the Crime. — Every penalty imposed
for
the unlawful importation, sale, administration, delivery,
transportation
or manufacture of dangerous drugs, the cultivation of plants which are
sources of dangerous drugs and the possession of any opium pipe and
other
paraphernalia for dangerous drugs shall carry with it the confiscation
and forfeiture, in favor of the Government, of all the proceeds of the
crime including but not limited to money and other assets obtained
thereby
and the instruments or tools with which it was committed, unless they
are
the property of a third person not liable for the offense, but those
which
are not of lawful commerce shall be ordered destroyed without delay.
Dangerous
drugs and plant-sources of such drugs as well as the proceeds or
instruments
of the crime so confiscated and forfeited in favor of the Government
shall
be turned over to the Board for proper disposal without delay."
"Any
apprehending or arresting officer who misappropriates or misapplies or
fails to account for seized or confiscated dangerous drugs or
plant-sources
of dangerous drugs or proceeds or instruments of the crime as herein
defined
shall after conviction be sentenced to imprisonment ranging from eight
years and one day to twelve years and a fine ranging from ten thousand
to twenty thousand pesos in addition to absolute perpetual
disqualification."chanrobles virtual law library
Sec.
7. Section 24, Article
IV of the same Act is hereby amended to read as follows: chanrobles virtual law library
"Sec.
24. Penalties for Government
Officials and Employees and Officers and Members of Police Agencies and
the Armed Forces. — The maximum penalties provided for in Sections 3,
4,
5, 6, 8, 9, 11 and 12 of Article II and Sections 14, 15, 16 and 19 of
Article
III shall be imposed if those found guilty of any of the said offenses
are government officials, employees or officers including members of
police
agencies and the armed forces, in addition to absolute perpetual
disqualification."
Sec.
8. Article IV of the same
Act is hereby amended by adding a new section between Sections 24 and
25
to be numbered as Section 21-A, which shall read as follows:chanroblesvirtuallawlibrarychanrobles virtual law library
"Sec.
24-A. Laboratory examination/test
on apprehended users of dangerous drugs. — Any person apprehended or
arrested
for violating the provisions of this Act shall, immediately upon his
arrest/apprehension,
be subjected to laboratory examinations/test, if the
apprehending/arresting
officer has reasonable ground to believe that the person
arrested/apprehended,
on account of physical signs or symptoms or other visible or outward
manifestation,
is under the influence of dangerous drugs, and if found to be positive
of such drugs, the results of the laboratory examination/test shall be
prima facie evidence that such person has used dangerous drugs. If
found
negative, the suspect shall immediately be released, unless there be
other
evidence indicative of such violation.
"For
this purpose, the Dangerous Drugs Board shall establish, operate and
maintain
drug testing centers in each province and city in order to conduct the
laboratory examinations/tests herein provided and appoint such
technical
and other personnel as may be necessary for the effective
implementation
of this provision."
Sec.
9. Section 25, Article
IV of the same Act is hereby amended to read as follows:
"Sec.
25. Records Required of
Pharmacists, Physicians, Veterinarians or Dentists Dispensing or
Prescribing
Dangerous Drugs, and of Importers, Manufacturers, Wholesalers,
Distributors,
Dealers and Retailers of Dangerous Drugs. —
"(a) Every
pharmacist dealing in dangerous drugs shall maintain and keep an
original
record of sales, purchases, acquisitions and deliveries of dangerous
drugs,
indicating therein the license number and address of the pharmacists;
the
name, address and license of the manufacturer, importer or wholesaler
from
whom dangerous drugs have been purchased; the quantity and the name of
the dangerous drugs so purchased or acquired; the date of acquisition
or
purchase; the name, address and class A residence certificate number of
the buyer; the serial number of the prescription and the name of the
doctor,
dentist, veterinarian or practitioner issuing the same; the quantity
and
name of the dangerous drug so sold or delivered; and the date of sale
or
delivery.chanrobles virtual law library
"A
certified true copy of such record covering a period of six calendar
months,
duly signed by the pharmacist or the owner of the drug store or
pharmacy,
shall be forwarded to the board within fifteen days following the last
day of every June and December of each year, copy furnished the city or
municipal health officer concerned.chanrobles virtual law library
"(b) A
physician, dentist, veterinarian or practitioner authorized to
prescribe
any dangerous drug shall issue the prescription therefor in one
original
and two duplicate copies. The original, after the prescription has been
filled, shall be retained by the pharmacist for a period of one year
from
the date of sale or delivery of such drug. One 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 made out on forms exclusively
issued
by and obtained from the Board. 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 Board may, by rules and regulations, require.
Such
forms shall not be issued by the Board or any of its employees except
to
licensed physicians, dentists, veterinarians and practitioners in such
quantities as the Board may authorize. In such emergency cases,
however,
as the Board may specify in the public interest, prescriptions need not
be accomplished on such forms. The prescribing physician, dentist,
veterinarian
or practitioner shall, within three days after issuing such
prescription,
inform the Board of the same in writing. No prescription once issued
may
be refilled.
"(c) All
manufacturers, wholesalers, distributors, importers, dealers and
retailers
of dangerous shall keep a record of all sales, purchases, acquisitions
and deliveries of dangerous drugs, the names, addresses and licenses of
the persons from whom the dangerous drugs were purchased or acquired or
to whom the drugs were sold or delivered, the name and quantity of the
drugs and the date of the transaction."
Sec.
10. The second paragraph
of Section 28, Article V of the same Act is hereby repealed. chanrobles virtual law library
Sec.
11. Section 30, Article
VI of the same Act is hereby further amended to read as follows: chanrobles virtual law library
"Sec.
30. Voluntary Submission
of a Drug Dependent to Confinement, Treatment and Rehabilitation by the
Dependent Himself or Through His Parent, Guardian or Relative. — If a
drug
dependent voluntarily submits himself for confinement, treatment and
rehabilitation
in a center and complies with such conditions therefor as the Board may
by rules and regulations prescribe, he shall not be criminally liable
for
any violation of Section 8, Article II and Section 16, Article III of
this
Act.
"The
above exemption shall be extended to a minor who may be committed for
treatment
and rehabilitation in a center upon sworn petition of his parent,
guardian
or relative within the fourth civil degree of consanguinity or
affinity,
or of the Minister of Health or the Minister of Social Services and
Development,
in that order. Such petition may be filed with the regional trial court
of the province or city where the minor resides and shall set forth
therein
his name and address and the facts relating to his dependency. The
court
shall set the petition for hearing and give the drug dependent
concerned
an opportunity to be heard. If, after such hearing, the facts so
warrant
in its judgment, the court shall order the drug dependent to be
examined
by two physicians accredited by the Board. If both physicians conclude,
after examination, that the minor is not a drug dependent, the court
shall
enter an order discharging him. 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 makes a finding of drug dependency, it
shall
issue an order for his commitment to a center designated by the court
for
treatment and rehabilitation under the supervision of the Board.
"Upon
certification of the center that he may be temporarily discharged from
the center, the court shall order his release therefrom on condition
that
he shall report to the Board for after-care and follow-up treatment for
a period not exceeding eighteen months under such terms and conditions
as may be imposed by the Board. If at any time during the after-care
and
follow-up period the Board certifies to his complete rehabilitation,
the
court shall enter an order of final discharge. Should the Board find at
any time during the after-care and follow-up period that he requires
further
treatment and rehabilitation in the center, it shall make a report to
this
effect to the court which shall thereupon order his recommitment to the
center. chanrobles virtual law library
"Should
the drug dependent having voluntarily submitted himself for
confinement,
treatment and rehabilitation in, or having been committed to a center
upon
petition of the proper party, escape therefrom, he may resubmit himself
for confinement within one week from the date of his escape, or his
parent,
guardian or relative may, within the same period, surrender him for
recommitment.
If, however, the drug dependent does not resubmit himself for
confinement
or he is not surrendered for recommitment, as the case may be, the
Board
may apply with the court for the issuance of a recommitment order. Upon
proof of previous commitment or of his voluntary submission to
confinement,
treatment and rehabilitation, the court shall issue an order for
recommitment.
If, subsequent to such recommitment, he should escape again, he shall
no
longer be exempt from criminal liability for use or possession of any
dangerous
drugs. chanrobles virtual law library
"The
judicial and medical records pertaining to any drug dependent's
confinement
or commitment under this Section shall be confidential and shall not be
used against him for any purpose except to determine how many times he
shall have voluntarily submitted himself to confinement, treatment and
rehabilitation or been committed to a center."
Sec.
12. Section 32, Article
VI of the same Act is hereby further amended to read as follows:
"Sec.
31. Compulsory Submission
of a Drug Dependent to Treatment and Rehabilitation. — If a person
charged
with an offense is found by the fiscal or by the court, at any stage of
the proceedings, to be a drug dependent, the fiscal 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 the 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
commitment
with the regional trial court of the province or city were he 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 commitment to a center for treatment and
rehabilitation.
The head of said center shall submit to the court every four 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 shall be returned to the court which committed him,
for
his discharge therefrom. chanrobles virtual law library
"Thereafter,
his 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 shall be
given
full credit for the period he was confined in the center: Provided,
however,
That when the offense is for violation of Section 8 or Section 16 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 release therefrom after
certification
by the center and the Board that he is rehabilitated.chanrobles virtual law library
"The
period of prescription of the offense charged shall not run during the
time that the respondent or the accused is under detention or
confinement
in a center."
Sec.
13. Section 32, Article
VI of the same Act is hereby amended to read as follows:chanroblesvirtuallawlibrarychanrobles virtual law library
"Sec.
32. Suspension of Sentence
for First Offense of a Minor. — If an accused under eighteen years of
age
at the time of the commission of the offense but not more than
twenty-one
years at the time when judgment should have been promulgated, who is
found
guilty of violating Section 8, Article II and Section 16, Article III
of
this Act has not been previously convicted of violating any provision
of
this Act or of the Revised Penal Code or placed on probation as herein
provided, the court may defer sentence and place him on probation under
the supervision of the Board or its agents and under such conditions as
the court may impose for a period ranging from six months to one year.
If the accused violates any of the conditions of his probation, the
court
shall pronounce judgment of conviction and he shall serve sentence as
in
any other criminal case. If, however, he does not violate any condition
of his probation, then upon the expiration of the designated period,
the
court shall discharge him and dismiss the proceedings.
"If
the court finds that such accused is a drug dependent, it shall commit
him to a center for treatment and rehabilitation under the supervision
of the Board. Upon certification by the center that he may be
temporarily
discharged from the center, the court shall order his release therefrom
on condition that he shall report to the Board for after-care and
follow-up
for a period not exceeding eighteen months under such terms and
conditions
as may be imposed by the Board. If at any time during the after-care
and
follow-up period the Board certifies to his complete rehabilitation,
the
court shall enter an order discharging him. Should the Board find at
any
time during the after-care and follow-up that he requires further
treatment
and rehabilitation in the center, it shall make a report to this effect
to the court which shall thereupon order his recommitment to the center.chanrobles virtual law library
"A
confidential record of the proceedings shall be kept by the Ministry of
Justice and shall not be used for any other purpose than as a basis for
determining whether or not a person accused under the provisions of
this
Act is a first offender.
"Upon
completion of the period of after-care and follow-up, the court shall
enter
an order to expunge all official records (other than the confidential
record
to be retained by the Ministry of Justice) relating to his case. Such
an
order, which shall be kept confidential shall restore the accused to
his
status prior to the case. He shall not be held thereafter, under any
provision
of law, to be guilty of perjury or of concealment or misrepresentation
by reason of his failure to acknowledge the case or recite any fact
related
thereto in response to any inquiry made of him for any purpose. chanrobles virtual law library
"In
the case of minors under sixteen years of age at the time of the
commission
of any offense penalized under this Act, the provisions of Article 80
of
the Revised Penal Code shall apply, without prejudice to the
application
of the provisions of this Section.
"Should
the parents or guardian refuse to cooperate with the Board, or in any
manner,
prevent or delay the after-care and follow-up of the child or ward, as
the case may be, they may be cited for contempt of court."
Sec.
14. Section 35, Article
VIII of the same Act is hereby further amended to read as follows:
"Sec.
35. Creation and Composition
of the Board. — There is hereby created a Dangerous Drugs Board which
shall
be composed of seven ex officio members, as follows:chanroblesvirtuallawlibrarychanrobles virtual law library
(a) the
Minister of Health or his representative;chanrobles virtual law library
(b) the
Minister of Justice or his representative;chanrobles virtual law library
(c) the
Minister of National Defense or his representative;chanrobles virtual law library
(d) the
Minister of Education and Culture or his representative;chanrobles virtual law library
(e) the
Minister of Finance or his representative;chanrobles virtual law library
(f) the
Minister of Social Services and Development or his representative; chanrobles virtual law library
(g) the
Minister of Local Government or his representative. "The
Minister of Health shall be the Chairman of the Board.
"The
Director of the National Bureau of Investigation shall be the permanent
consultant of the Board.
"The
Chairman and all members of the Board and the Director of the National
Bureau of Investigation shall receive a per diem of two hundred fifty
pesos
and the Board secretary a per diem of one hundred fifty pesos for their
attendance at every meeting of the Board: Provided, That where the
representative
of an ex-officio member or the Director of the National Bureau of
Investigation
attends a meeting in behalf of the latter, such representative shall be
entitled to receive the per diem.
"The
Board shall meet at the call of the chairman or of any two other
members.
The presence of four members shall constitute a quorum. In the absence
of the chairman, a temporary presiding officer may be designated by the
majority of the quorum.
"The
Board may constitute an executive committee, to be composed of any
three
members or their representatives or of any three ranking personnel of
the
Board, which shall have the duty of carrying into effect the policies
and
decisions of the Board and shall meet as often as necessary, at the
discretion
of its chairman to be designated by the Board. chanrobles virtual law library
"When
public interest so requires, the executive committee may act for and in
behalf of the Board, and its decision, if approved by the Minister of
Health,
shall be valid, unless revoked by the Board at its next regular or
special
meeting.
"The
Board shall recommend to the President the appointment of an executive
director who shall be the administrative officer of the Board and shall
perform such other duties as may be assigned to him by it. The
executive
director shall possess adequate training and experience in the field of
dangerous drugs, or in law, medicine, criminology, psychology or social
work. He shall receive a salary consistent with the rate of
compensation
attached to his position as a Career Executive Service Officer, (CESO
II)."
Sec.
15. Paragraphs (1) and
(o) of Section 36, Article VIII of the same Act are hereby further
amended
to read as follows:
"(1) Authorize,
pursuant to the provisions of this Act, the importation, distribution,
manufacture, production, compounding, prescription, dispensing and sale
of, and other lawful acts in connection with, dangerous drugs of such
kind
and quantity as it may deem necessary according to the medical and
research
needs of the country; and to determine the quantity/quantities to be
imported,
manufactured and held in stock at any given time by an authorized
importer,
manufacturer, distributor of dangerous drugs. chanrobles virtual law library
"Every
person or drug establishment authorized to import, distribute,
manufacture,
produce, compound, prescribe, dispense, and sell dangerous drugs shall
register annually with the Board and pay such fees as the Board may by
rules and regulations impose in respect to the registration and control
of the importation, distribution, manufacture, production, compounding,
prescription, dispensing and sale of dangerous drugs.
"The
Chairman of the Board shall, without prejudice to criminal proceedings,
order the closure of a drug establishment or the suspension or
revocation
of its authority to deal in dangerous drugs when, after investigation,
it is found guilty of violating the provisions of this Act.
"The
additional penalty of revocation of his license to practice shall be
recommended
in the case of a practitioner who is owner, co-owner, lessee, or in the
employ of the drug establishment, or who is a member, partner,
president,
director, or manager of a partnership, corporation, association, or any
judicial entity owning and/or controlling the drug establishment, and
who
knowingly participates in, or consents to, tolerates, or abets, the
commission
of the violation. chanrobles virtual law library
"The
authority vested in the Food and Drug Administration under Presidential
Decree No. 280 to order the closure, or suspension or revocation of the
license and permit, of the drug establishment dealing in dangerous
drugs
for violation of Republic Act No. 6425, as amended, is hereby revoked."
"(o) Provide,
by rules and regulations, appropriate rewards to informers who are
instrumental
in the discovery and seizure of dangerous drugs and in the apprehension
of violators of this Act, except marijuana plantations." chanrobles virtual law library
Sec.
16. A new paragraph (q)
shall be added to Section 36, Article VIII of the same Act, to read as
follows: chanrobles virtual law library
"(q) Enter
into arrangements with foreign agencies and instrumentalities for the
effective
prevention and control of drug dependency or abuse and the effective
implementation
of the provisions of this Act."chanrobles virtual law library
Sec.
17. The provisions of any
law to the contrary notwithstanding, when a crime is committed by an
offender
who is under the influence of dangerous drugs, such state shall be
considered
as a qualifying aggravating circumstance in the definition of a crime
and
the application of the penalty provided for in the Revised Penal
Code.
Sec.
18. The sum of fifteen
million pesos is hereby provided initially out of the Special
Activities
Fund appropriated in Batas Pambansa Blg. 131 to carry out the
provisions
of this Act. Thereafter, such sums as may be necessary to carry out the
purposes of this Act shall be provided for in subsequent annual General
Appropriations Act. chanrobles virtual law library
Sec.
19. All laws, decrees,
rules and regulations inconsistent herewith are hereby repealed or
modified
accordingly.
Sec.
20. Should any provision
or provisions of this Act be declared unconstitutional, the remaining
provisions
shall nevertheless remain enforceable.
Sec.
21. This Act shall take
effect upon its approval. chanrobles virtual law library
Approved:
March 2, 1982
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