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This page features the full text of
Republic
Act No. 6425
The Dangerous Drugs Act of 1972.
REPUBLIC
ACT NO. 6425
THE
DANGEROUS DRUGS ACT OF 1972
Section
1. Short title. - This Act shall be known and cited as "The
Dangerous
Drugs Act of 1972." Article
I
Definition
of Terms
Sec. 2. Definitions. - As
used in this Act, the term:
a.
"Administer" refers to the act of introducing any dangerous drug
into
the body of any person, with or without his knowledge, by injection,
ingestion
or other means or of committing any act of indispensable assistance to
a person in administering a dangerous drug to himself;
b.
"Board" refers to the Dangerous Drugs Board created under Section
35
, Article VIII of this Act;chanrobles virtuallaw libraryred
c.
"Centers" refers to any of the treatment and rehabilitation centers
for drug dependents referred to in Section 34, Article VII of this Act;
d.
"Cultivate or culture" means the act of knowingly planting,
growing,
raising or permitting the planting, growing or raising of nay plant
which
is the source of a prohibited drug;
e.
"Dangerous Drugs" refers to either:
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, whether natural or
synthetic,
with the physiological effects of a narcotic drug; or
2.
"Regulated drug" which includes self-inducing sedatives, such as
secobarbital, phenobarbital, pentobarbital, barbital, and amobarbital
and
any other drug which contains a salt or a derivative, a salt of
barbituric
acid; any salt, isomer, or salt of an isomer, of amphetamine, such as
benedrine
or dexedrine, or any drug which produces a physiological action similar
to amphetamine, and hypnotic drugs, such as methaqualone or any other
compound
producing similar physiological effects;
f.
"Deliver" refers to a person’s act of knowingly passing a
dangerous
drug to another, personally or otherwise, and by any means, with
consideration;
g.
"Drug dependence" means a state of psychic or physical dependence,
or both, on a dangerous drug, arising in a person following
administration
or use of that drug on a periodic or continuous basis;chanrobles virtuallaw libraryred
h.
"Employee" of a prohibited drug, den, dive or resort included the
caretaker,
helper, watchman, lookout and other persons employed by the operator of
a prohibited drug den, dive or resort where any prohibited drug is
administered,
delivered, distributed, sold or used, with or without compensation, in
connection with the operation thereof;
i.
"Indian hemp," otherwise known as "marijuana," embraces
every
king and class of the plant cannabis sativum L. from which the
resin
has not been extracted, including cannabis americana, basbish,
bhang,
guaza, churus and ganjab, and embraces every kind, class and
character
of Indian hemp, whether dried or fresh, flowering or fruiting tops of
the
pistillate plant, and all its geographic varieties, whether as a
reefer,
resin, extract, tincture or in any form whatsoever;
j.
"Manufacturer" means the production, presentation, compounding, or
processing of a dangerous drug 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 substance or
labelling
of its container; except that such term does not include the
preparation,
compounding, packaging or labelling of a drug or other substance by a
duly
authorized practitioner as an incident to his administration of
dispensing
of such drug or substance in the course of his professional practice;chanrobles virtuallaw libraryred
k.
"Narcotic drug" refers to any drug which produces insensibility,
stupor,
melancholy or dullness of mind with delusions and which may be
habitat-forming,
and shall include opium, opium derivatives and synthetic opiates;
l.
"Opium" refers to the coagulated juice of the opium poppy (papaver
somniferum) and embraces every kind 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 alkoloid of opium enters as an ingredient; opium
straw; and leaves or wrappings of opium leaves, whether prepared for
use
of not;
m.
"Pusher" refers to any person who sells, administers, delivers, or
gives away to another, on any terms whatsoever, or distributes,
dispatches
in transit or transports any dangerous drug or who acts as a broker in
any of such transactions, in violation of this Act;
n.
"School" included any university, colleges, or institution of
learning,
regardless of the courses it offers;
o.
"Sell" means the act of giving a dangerous drug, whether for money
or any other material considerations;
p.
"Use" refers to the act of injecting, intravenously or
intramuscularly,
or of consuming, either by chewing, smoking, sniffing, eating,
swallowing,
drinking, or otherwise introducing into the physiological system of the
body, any of the dangerous drugs.chanrobles virtuallaw libraryred
Article
II
Prohibited
Drugs
Sec. 3. Importation 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, unless authorized by law, shall import or bring
into
the Philippines any prohibited drug.
Sec. 4. Sale, Administration,
Delivery, Distribution and Transportation
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 sell, administer, deliver, give away to another,
distribute,
dispatch in transit or transport any prohibited drugs, or shall act as
a borker in any of such transactions. In case of a practitioner, the
additional
penalty of the revocation of his license to practice his profession
shall
be imposed. If the victim of the offense is a minor, the maximum of the
penalty shall be imposed.
Should
a prohibited drub involved in any offense under this Section be the
proximate
cause of the death of a victim thereof, the penalty of life
imprisonment
to death and a fine ranging from twenty thousand to thirty thousand
pesos
shall be imposed upon the pusher.
chanrobles virtual law library
Sec. 5. Maintenance of a Den,
Dive, or Resort for Prohibited Drugs Users
- The penalty of imprisonment ranging from twelve years and one
day
to twenty years and a fine ranging twelve thousand to twenty thousand
pesos
shall be imposed upon any person or group of persons who shall maintain
a den, dive, or resort where any prohibited drug is used in any form.
The
maximum of the penalty shall be imposed in every case where a
prohibited
drug is administered, delivered or sold to a minor who is allowed to
use
the same in such place.
Should
a prohibited drug be the proximate cause of the death of a person using
the same in such den, dive or resort, the penalty of life imprisonment
to death penalty ranging from twenty thousand to thirty thousand pesos
shall be imposed on the maintainer.
Sec. 6. Employees and
Visitors of Prohibited Drugs Den. - The
penalty
of imprisonment ranging from two years and one day to six years and a
fine
ranging from two thousand to six thousand pesos shall be imposed upon:
a.
Any employee of a prohibited drug den, dive or resort; and
b.
Any person who, not being included in the provisions of the next
preceding
paragraph, shall knowingly visit any prohibited drug den, dive or
resort.
Sec. 7. Manufacturer of
Prohibited Drugs - The penalty of life
imprisonment
to death and a fine ranging from twenty thousand to thirty pesos shall
be imposed upon any person who, unless authorized by law, shall engage
in the manufacturer of any prohibited drugs.
Sec. 8. Possession or Use of
Prohibited 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, unless authorized by law, shall possess or use any prohibited
drug,
except Indian hemp as to which the next following paragraph shall apply.chanrobles virtuallaw libraryred
The
penalty of imprisonment ranging from six months and one day to six
years
and a fine ranging from six hundred to six thousand pesos shall be
imposed
upon any person, who unless authorized by law, shall possess or use
Indian
hemp.
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 cultivate or culture
Indian
hemp, opium poppy (papaver somniferum) and other plants from which any
prohibited drugs may be manufactured.
The
land 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.
Sec. 10.
Records of Prescriptions, Sales, Purchases, Acquisitions and/or
deliveries of Prohibited Drugs.- The penalty of imprisonment
ranging
from one year and one day to six years and a fine ranging from one
thousand
to six thousand pesos, shall be imposed upon any pharmacist, physician,
dentist, veterinarian, manufacturer, wholesaler, importer, distributor,
dealer or retailer who violates or fails to comply with the provision
of
Section 25 of this Act, if the violation or failure involves a
prohibited
drugs.
Sec. 11. Unlawful
Prescription of Prohibited Drugs.-
The penalty of imprisonment
ranging from eight years and one day to twelve years and a fine ranging
from eight thousand pesos shall be imposed upon any person who, unless
authorised by law, shall make or issue a prescription or any other
writing
purporting to be a prescription for any prohibited drugs.
Sec. 12. Unnecessary
Prescription of Prohibited Drugs.-
The penalty of
imprisonment ranging from four years and one day to twelve years and a
fine ranging from four thousand to twelve thousand pesos and the
additional
penalty of the revocation of license to practice shall be imposed upon
any physician or dentist who shall prescribe any prohibited drugs for
any
person whose physical or physiological condition does not require the
use
thereof.
Sec. 13. Possession of Opium
Pipe and other Paraphernalia for Prohibited
Drugs.- The penalty of imprisonment ranging from six months and
one
day to four years and a fine ranging from six hundred to four thousand
pesos shall be imposed upon any person who, unless authorised by law,
shall
possess or have under his control any opium pipe, equipment, instrument
, apparatus or other paraphernalia fit or intended for smoking,
consuming,
administering, injecting, ingesting or otherwise using opium or any
other
prohibited drugs.chanrobles virtuallaw libraryred
The
possession of such opium pipe, equipment, instrument, apparatus or
other
paraphernalia, fit or intended for any of the purposes enumerated in
this
Section shall be prima facie evidence that the possessor has smoked,
consumed,
administered to himself, injected, or used a prohibited drug.
Article
III
Regulated
Drugs
Sec. 14. Importation of Regulated Drugs. - The
penalty of
imprisonment
ranging from six years and one day to twelve years and a fine from six
thousand to twelve thousand pesos shall be imposed upon any person who,
unless authorized by law, shall import or bring any regulated drug into
the Philippines.
Sec. 15. Sale,
Administration, Dispensation, Delivery, Transportation
and
Distribution 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,
unless authorized by law, shall sale, dispense, deliver, transport or
distribute
any regulate drug. In case of a practitioner, the maximum of the
penalty
herein prescribe and additional penalty of the revocation of his
license
to practice his profession shall be imposed.chanrobles virtuallaw libraryred
Sec. 16. Possession or Use of
Regulated Drugs. - The penalty of
imprisonment
ranging from six month and one day to four years and a fine ranging
from
six hundred to four thousand pesos shall be imposed upon any person who
shall possess or use any regulated drug without the corresponding
license
or prescription.
Sec. 17. Records of
Prescription, Sales, Purchase Acquisition and/or
Deliveries
or Regulated Drugs. - The penalty of the imprisonment ranging from
six months and one day to four years and a fine ranging from six
hundred
to four thousand pesos shall be imposed upon any pharmacists,
physician,
dentist, veterinarian, manufacturer, wholesaler, importer, distributor,
dealer or retailer who violated or fails o comply with the provision of
Section 25 of this Act, if the violation of failure involves a
regulated
drug.
Sec. 18. Unlawful
Prescription of Regulated Drugs.
The penalty of imprisonment
raging from four years and one day, to eight years and a fine ranging
from
four thousand to eight thousand pesos shall be imposed upon any person
who, unless authorized by law, shall make or issue a prescription of
any
regulated drug.
Sec. 19. Unnecessary
Prescription of Regulated Drugs.-
The penalty of
imprisonment ranging from six months and one day to four years and a
fine
ranging from six hundred to four thousand pesos and the additional
penalty
of the revocation of his license to practice shall be imposed upon any
physician or dentist who shall prescribe any regulated drugs for any
person
whose physical or physiological condition does not require the use
thereof.
ARTICLE
IV
Provisions
of Common Application to Offenses Penalized under Articles II and III
Sec. 20. Confiscation and Forfeiture of the
Proceeds or 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 prohibited drugs and the possession of
any
opium pipe and other paraphernalia for prohibited drugs shall carry
with
it the confiscation and forfeiture, in favor of the Government, of the
proceeds of the crime and the instruments or tolls 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.
Dangerous drugs and plant-sources of prohibited drugs so confiscated
and
forfeited in favor of the Government shall be turned over to the Board
for safekeeping and proper disposal.
Sec. 21. Attempt and
Conspiracy - The same penalty prescribed by
this
Act for the commission of the offense shall be imposed in case of any
attempt
or conspiracy to commit the same in the following cases:
(a)
importation of dangerous drugs;
(b)
sale, administration, delivery, distribution and transportation of
dangerous
drugs;chanrobles virtuallaw libraryred
(c)
maintenance of a den, dive or resort for prohibited drug users;
manufacturer
of dangerous drugs; and
(d)
cultivation or culture of plants which are sources of prohibited drugs.
Sec. 22. Additional Penalty
if Offender is an Alien- In addition to
the
penalties therein prescribed, any alien who violated any of the
provisions
of Articles II and III of this Act shall be deported without further
proceedings
immediately after service of sentence.
Sec. 23. Criminal Liability
of Officers of Partnerships, Corporations,
Associations
and other Judicial Persons; Liability in Cases Where Vehicles, Vessels
or Aircraft or Other Instruments are used to Commit a Crime. - In
case
any violation of this Act is committed by a partnership, corporation,
association
or any judicial person, the partner, president, director or manager 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, officer or stockholder who
knowingly
authorizes, tolerates or consents to the use of a vehicle, vessel or
aircraft
as an instrument in the importation, sale, delivery, distribution or
transportation
of dangerous drugs, or to the use of their equipment, machines or other
instruments in the manufacture of any dangerous drugs, 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.chanrobles virtuallaw libraryred
Sec. 25. Records, Required of
Pharmacist, Physicians, Veterinarian or
Dentist
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 records of sales, purchases, acquisition and deliveries of
dangerous drugs, indicating therein the license number and address of
the
pharmacist; the name, address and license of manufacturer, importer or
wholesaler from whom dangerous drugs have been purchased; the quantity
and name of 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 the name of the dangerous drugs so sold or delivered; and the date
of sale or delivery.
A
certified true copy of such record covering a period of three calendar
months, duly signed by the pharmacist or the owner of the drug store or
pharmacy, shall be forwarded to the city or municipal health officer
within
fifteen days following the last day of every quarter of each year.chanrobles virtuallaw libraryred
The
city or municipal health officer shall forward such records to the
board
within (15) days from receipt thereof.
(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 consumed , while the
second copy shall be retained by the person issuing the prescription.
For
purpose of this Act, all prescription issued by physician, 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 nay, by rules and regulations, require. Such
forms
shall not be issued by the Board or any of its employees except to
license
physicians, dentist, veterinarians and practitioner in such quantities
as the Board may authorized. 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.chanrobles virtuallaw libraryred
(c)
All manufacturers, wholesalers, distributors, importers, dealers and
retailers
of dangerous drugs shall keep a record of all sales, purchases,
acquisition
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 such drugs were sold or delivered, the name and the quantity of
the drugs and the date of the transaction.
Sec.
26. Penalty for a Person Importing Dangerous Drugs by making Use of
Diplomatic Passport.- The penalty of life imprisonment and a fine
of
thirty thousand pesos shall be imposed upon any person who, unless
authorized
under this Act, shall import or bring into the Philippines any
dangerous
drug by making use of a diplomatic passport, diplomatic facilities or
any
other means involving his official status intended to facilitate the
unlawful
entry of dangerous drugs. In addition, the diplomatic passport shall be
confiscated and canceled.chanrobles virtuallaw libraryred
Sec.
27. Criminal liability of Possessor or User of Dangerous Drugs
During
Social Gatherings.- The maximum of the penalties provided for on
Section
8, Article II and Section 16, Article III of this Act shall be imposed
upon any person found possessing or using any dangerous drug during a
party
or at a social gathering or in a group of at least five persons
possessing
or using such drugs.
ARTICLE
V
Educational
Measures
Sec. 28 . Heads, Supervisors and Teachers of
Schools .- For the
purpose
of enforcing the provision of Articles II and III of this Act, all
school
heads, supervisors and teachers shall be deemed to be persons in
authority
and as such, are hereby vested with the power to apprehend, arrest or
cause
the apprehension or arrest of any person who shall violate any of the
said
provisions. They shall be considered as person in authority if they are
in the school or within its immediate vicinity, or beyond such
immediate
vicinity if they are in attendance at any school or class function in
their
official capacity as school heads, supervisors or teachers.
Sec. 29. Dangerous Drugs as Part of school
Curricula.-
Instruction on
the adverse effects of dangerous drugs, including their legal, social
and
economic implication, shall be integrated in the existing curricula of
all public and private schools, whether general, technical, vocational
or agro-industrial.chanrobles virtuallaw libraryred
The
Secretary of Education shall promulgate such rules and regulation as
may
be necessary to carry out the provisions hereof and with the assistance
of the Board, shall cause the publication and distribution of materials
on dangerous drugs to students and the general public.
ARTICLE
VI
Rehabilitative
Confinement and Suspension of Sentence
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
this Section 16, Article III of this Act.
The
above exemption shall extended to a minor who may be committed for a
treatment
and rehabilitation in government center upon sworn petition of his
parent,
guardian or relative within the fourth civil degree of consanguinity or
affinity, in that order . Such petition may be filed with the Court of
First Instance 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 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.
When,
in the opinion of the person committed or of his parent, guardian or
relative,
or of the Board, such person is rehabilitated, any of the above parties
may file a sworn petition for his release with the Court of First
Instance
which ordered the commitment. If, after due hearing, the court finds
the
petition to be well-founded, it shall forthwith order the release of
the
person so committed.chanrobles virtuallaw libraryred
Should
the drug dependent, having voluntarily submitted himself to
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 file a sworn petition for his recommitment. Upon proof of previous
commitment or of his voluntary submission to confinement, treatment and
rehabilitation, the court shall issue an order for recommitment, he
should
escape again, he shall no longer be exempt from criminal liability for
use or possession of any dangerous drug.
The
judicial and any 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 or recommitted to a center.
Sec. 31. Compulsory Submission of a Drug Dependent
to treatment and
Rehabilitation
After Arrest .- If a person charged with an offense is found by
the
fiscal or by the court, at any stage of the proceeding, to be a drug
dependent,
the fiscal or the court, as the case maybe, shall suspend all further
proceedings
and transmits copies of the records of the case to the Board.
In
the event the Board determines, after the examination, that public
interest
that such drug dependent be committed to a government center for
treatment
and rehabilitation, it shall file a petition for his commitment with
the
Court of First Instance of the province or city where he resides. 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 drug
dependent,
it shall order his commitment to a government center for treatment and
rehabilitation. The head of the 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.
Thereafter,
his prosecution for any offense punishable by law shall be constituted
or shall continue, as the case may be. In case of conviction, the full
period of his prior detention and his confinement for treatment and
rehabilitation
shall be deducted from the period of the penalty imposed on him and he
shall serve sentence only for the remainder thereof.
Sec. 32. Suspension of Sentence for First Offense
of a Minor.- If an
accused less than twenty one years old of age 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 condition as the court may impose
from
a period ranging from six months to one year. If the accused violates
any
of the condition of his probation, the court shall pronounce judgement
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.chanrobles virtuallaw libraryred
If
the court finds that such accused is drug dependent, it shall commit
him
to a center for treatment and rehabilitation under the supervision of
the
Board. Upon certification of his rehabilitation under the supervision
of
the board , the court shall enter an order discharging him.
A
confidential record of the proceedings shall be kept by the Department
of Justice and shall not be use for any other purpose except as a
record
to be used in determining whether or not a person accused under the
provision
of this Act is a first offender.
Upon
dismissal of the proceedings against him, the court shall enter an
order
to expunge all official records (other than the confidential record to
be retained by the Department of Justice) relating to his case. Such an
order, which shall be kept confidential, shall restore the accuse to
his
status prior to the case. He shall not be held thereafter, under any
provisions
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.
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.
Sec. 33. Violation of Confidential Nature of
Records.- The penalty
of
imprisonment ranging from six months and one day to six years and a
fine
ranging from six hundred to six thousand pesos shall be imposed upon
any
person who, having official custody of, or access to the confidential
records
referred to in Sections 30 and 32 of this Act, or anyone who, having
gained
possession of such records, whether lawfully or not, reveals their
contents
to any person other than those charged with the prosecution of offense
under this Act or with its implementation.chanrobles virtuallaw libraryred
ARTICLE
VII
Treatment
and Rehabilitation of Drug Dependents
Sec. 34. Treatment and Rehabilitation Center for
Drug Dependents.-
The
existing Treatment and Rehabilitation Center for Drug Dependents at
Tagaytay
City shall continue to be operated and maintained by the National
Bureau
of Investigation under the supervision and funding of the Board. In
addition
thereto, the Board shall encourage and assist in the establishment,
operation
and maintenance of private centers. The Tagaytay center shall
constitute
the nucleus of such centers as maybe created, authorized and/or
accredited
under this Act.
ARTICLE
VIII
Dangerous
Drug Board
Sec. 35. Creation and Composition of the Board.- There
is hereby
created
a dangerous Drugs Board which shall be composed of nine members. Three
members who shall possess adequate training and experience in the field
of dangerous drugs or in law, medicine, criminology, psychology or
social
work, shall be appointed by the president of the Philippines with the
consent
of the Commission of Appointments. The President shall designate a
chairman
among three appointive members who shall serve for six years. Of two
other
members, one shall serve for four years and the other for two years.
Thereafter,
the persons appointed to succeed such members shall hold office for a
term
of six years and until their successor shall have been duly appointed
and
qualified. The remaining six shall be ex-officio members, as
follows:
(a)
the Secretary of Justice or his representative
(b)
the Secretary of National Defense or his representative;
(c)
the Secretary of Health or his representative;
(d)
the Secretary of Education or his representative;
(e)
the Secretary of the Department of Finance and his representative; and
(f)
the Secretary of the Department of Social Welfare and Development or
his
representative.chanrobles virtuallaw libraryred
The
Director of the National Bureau of Investigation shall be the permanent
consultant of the Board.
The
Chairman shall receive a compensation of twenty thousand pesos per
annum.
The two other members who are appointed by the President of the
Philippines
shall each receive a compensation of eighteen thousand pesos per annum.
The
Board shall meet at the call of the chairman or of the two other
members
appointed by the President of the Philippines. The presence of five
members
shall constitute a quorum.
The
Board may constitute an executive committee, to be composed of the
chairman
and two other members, 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 the chairman.
When
public interest so requires, the executive committee may act for in
behalf
of the Board, and its decision shall be valid unless revoked by the
Board
on its next regular or special meeting.chanrobles virtuallaw libraryred
The
Chief of Narcotics Section of the National Bureau of Investigation
shall
be the ex-officio executive director of the Board. He shall be
the
administrative officer of the Board and shall perform such other duties
as may be assigned to him by it.
Sec. 36. Power and Duties of the Board.- The
Board shall:
(a)
Promulgate such rules and regulations as may be necessary to carried
out
the purpose of this Act, including the manner of safe keeping,
disposition,
burning or condemnation of dangerous drugs under its charge and
custody,
and prescribe administrative remedies or sanctions for the violation of
such rules and regulation;
(b)
Take charge and custody of all dangerous drugs seized, confiscated by
or
surrendered to any national, provincial or local law enforcement
agency,
if no longer needed for purpose of evidence in court;
(c)
Develop educational programs based on factual information 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 dangerous drugs by
providing,
among others, literature, films, displays or advertisements, and by
coordinating
by all institutions of learning as well as with all national and local
law enforcement agencies in planning and conducting its educational
campaign
programs ;
(d)
Provide law enforcement officers, school authorities and personnel of
centers
with special training with dangerous drug control;
(e)
Conduct scientific, clinical, social, psychological, physical and
biological
researches on dangerous drugs;
(f)
Draw up, in consultation and in coordination with the various agencies
involved in drug control, treatment and rehabilitation, both public and
private, a national treatment and rehabilitation program for drug
dependents
; and call upon any department, office, bureau, institution or agency
of
the Government to render such assistance as it may require, or
coordinate
wit it or with other such entities, to carry out such program as well
such
other activities as it may under take pursuant to the provisions of
this
Act;chanrobles virtuallaw libraryred
(g)
Receive all donations for the purpose of carrying out the objects of
this
Acts;
(h)
Subject to the civil service law and the rules and regulations issued
thereunder,
appoint such technical, administrative and other personnel as maybe
necessary
for the effective implementation of this Act;
(i)
Receive, gather, collate and evaluate all information on the
importation,
exportation, production, manufacture, sales, stocks, seizures of and
the
estimated need for dangerous drugs, for which purpose the Board may
require
from any official instrumentality or agency of the Government or any
private
persons or enterprises dealing in, or engaged in activities having to
do
with dangerous drugs such data or information as it may need to
implement
this Act;
(j)
Relay information regarding any violation of this Act to law
enforcement
agencies to affect the apprehension of the offenders and the
confiscation
of dangerous drug and transmit evidence to the proper court;
(k)
Conduct eradication programs to destroy wild or illicit growth of
plants
from which dangerous drugs may be extracted;
(l)
Authorize, pursuant to the provisions of this Act, the importation,
distribution,
prescription, dispensing and sale of, and other lawful acts in
connection
with, dangerous drugs of such kind and quality as it may deem necessary
according to the medical and research needs of the country, with
authorization
shall be required by the Commissioner of Internal Revenue as a basis
for
the issuance of licenses and permits for such purposes in accordance
with
Republic Act No. 953;
(m)
Encourage, assist and accredit private centers, promulgating rules and
regulations setting minimum standards for their accreditation to assure
their competence, integrity and stability;
(n)
Prescribe and promulgate rules and regulations governing the
establishment
of such centers as it may deem necessary, after conducting a
feasibility
study thereof;
(o)
Provide appropriate rewards to informers who are instrumental in the
discovery
and seizure of dangerous drugs and in the apprehension of violators of
this Act;
(p)
Gather and prepare detailed statistics on the importation, exportation,
manufacture, stocks, seizures of and estimated need for dangerous drugs
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 international
commitments.
Article
IX
Appropriation,
Management of Funds and Annual Report
Sec. 37. Appropriation. – in order to carry
out the objectives of
this
Act, the sum of twelve million pesos is hereby appropriated out of any
funds in the National Treasury not otherwise appropriated from the
effectivity
of this Act until June 30, 1973. Thereafter, such sums as may be
necessary
to carry out the provisions of this Act shall be included in subsequent
annual General Appropriations Acts.
All
income derived from fines authorized in this Act and all unclaimed and
forfeited sweepstakes prizes in the Philippine Charity Sweepstakes
Office
are hereby constituted as special funds for the implementation of this
act: Provided, That at least 50% of all funds from the latter
source
shall be reserved for assistance to accredited and deserving private
rehabilitation
centers: Provided, further, That all such fines and unclaimed
and
forfeited prizes shall be returned over to the Board by the Philippine
Charity Sweepstakes Office within 30 days after they are collected or
declared
forfeited, as the case may be.
Sec. 38. Management of Funds Under this Act; Annual
Report by the Board.
–
The Board shall manage the funds as it may deem proper for the
attainment
of the objectives of this Act. The chairperson of the Board shall
submit
to the President of the Philippines and to presiding officers of both
houses
of Congress, within fifteen days from the opening of the regular
session,
on annual report on the dangerous drugs situation in the country which
shall include a 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.
Article
X
Jurisdiction
Over Dangerous Drug Cases
Sec. 39. Jurisdiction of the Circuit Criminal
Court. - The Circuit
Criminal
Court shall have exclusive original jurisdiction over all cases
involving
offenses punishable under this Act.
The
preliminary investigation of cases filed under this Act shall the date
of termination of the preliminary investigation. Where a prima facie
case is established, the corresponding information shall be filed in
court
within rendered within the period of fifteen (15) hours. Decision on
said
cases shall be rendered within a period of fifteen (15) days from the
date
of submission of the case. chanrobles virtuallaw libraryred
Sec. 40. Reclassification, Addition or Removal of
Any Drug from the List
of Dangerous Drugs. – The Board shall five notice to the general
public
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 consecutive weeks.
The
effect of such reclassification, addition or removal shall be as
follows:
(1)
In case a prohibited drug is reclassified as regulated, the penalties
for
violations of this Act involving the latter shall, in case of
conviction,
be imposed in all pending criminal prosecutions;
(2)
In case a regulated drug is reclassified as prohibited, the penalties
for
violations of this Act involving regulated drugs shall, in case of
conviction,
be imposed in all pending criminal prosecutions;
(3)
In case of the addition of a drug from the list of dangerous drugs, all
pending criminal prosecutions involving such drug under this Act shall
forthwith be dismissed.chanrobles virtuallaw libraryred
Article
XI
Final
Provision
Sec. 41. 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.
Sec. 42. Repealing Clause - Articles one
hundred ninety, one
hundred
ninety-one, one hundred ninety-two, one hundred ninety-three and one
hundred
ninety-four of Act Numbered Thirty-eight hundred and fifteen, otherwise
known as the Revised
Penal Code, are hereby repealed; and the provisions of such other
laws,
executive or administrative orders, rules and regulations, or parts
thereof,
inconsistent with the provisions of this Act; are hereby repealed or
modified
accordingly.chanrobles virtuallaw libraryred
Sec. 43. Effectivity - This Act shall take
effect upon its approval.
Approved:
March 30, 1972.
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