IMPLEMENTING RULES AND REGULATIONS (IRR) OF
REPUBLIC ACT NO.
9165
, OTHERWISE KNOWN AS THE “COMPREHENSIVE DANGEROUS DRUGS ACT OF
2002”
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SECTION 1.
This IRR, issued and promulgated
pursuant to Section 94 of RA 9165, shall be referred to as the
“COMPREHENSIVE
DANGEROUS DRUGS RULES 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.
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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.
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ARTICLE I
Definition of Terms
SECTION 3.
Definitions. —
As used in this IRR, the following terms shall mean:
(a) Accreditation — the formal authorization issued by the Department
of Health (DOH) to an individual, partnership, corporation or association to
operate a laboratory and rehabilitation facility after compliance with the
standards set at a maximum achievable level to stimulate improvement over time;
(b) Act — refers to Republic Act No. 9165;
(c) 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 person in administering a dangerous drug to himself/herself
unless administered by a duly licensed practitioner for purposes of
medication;
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(d) Board or DDB — refers to the Dangerous Drugs Board under Section
77, Article IX of the Act;
(e) Center — any of the treatment and rehabilitation centers which
undertake the treatment, after-care and follow-up treatment of drug dependents
as referred to in Section 75, Article VIII of the Act. It includes
institutions, agencies and the like whose purposes are: the development of
skills, arts, and technical know-how; counseling; and/or inculcating civic,
social, and moral values to drug patients, with the aim of weaning them away from
dangerous drugs and keeping them drug-free, adapted to their families and
peers, and readjusted into the community as law abiding, useful and productive
citizens;
(f) 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 or concealment of such
transaction through fraud, destruction of documents, fraudulent use of permits,
misdeclaration; use of front companies or mail fraud;
(g) Clandestine Laboratory — any facility used for the illegal
manufacture of any dangerous drug and/or controlled precursor and essential
chemical;
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(h) Confinement — refers to the residential treatment and
rehabilitation of trainees, clients and patients in a center;
(i) 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. It refers to the second or further analytical procedure to
more accurately determine the presence of dangerous drugs in a specimen;
(j) 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 drug related offense, or to facilitate prosecution of that offense;
(k) 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 the Act;
(l) 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;
(m)
DOH-Accredited Physician — refers to a physician with background
experience on psychological/behavioral medicine whose application has been
approved and duly authorized by the DOH to conduct dependency examination on
persons believed to be using dangerous drugs;
(n) 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 the
Act;
(o) Deliver — any act of knowingly passing a dangerous drug to another,
personally or otherwise, and by any means, with or without consideration;
(p) 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;
(q) Dispense — any act of giving away, selling or distributing medicine
or any dangerous drug with or without the use of prescription;
(r) 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;
(s) Drug Dependent — refers to a person suffering from drug
dependence;
(t) Drug Syndicate — any organized group of two (2) or more persons
forming or joining together with the intention of committing any offense
prescribed under the Act;
(u) 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;
(v) Financier — any person who pays for, raises or supplies money for,
or underwrites any of the illegal activities prescribed under the Act;
(w) 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;
(x) Income — revenues generated minus the expenses incurred by health
facilities in providing health services for the drug dependents;
(y) Instrument — any thing that is used or intended to be used, in any
manner, in the commission of illegal drug trafficking or related offenses;
(z) Laboratory — refers to the facility of a private or government
agency that is capable of testing a specimen to determine the presence of
dangerous drugs therein;
(aa)
Laboratory Equipment — the paraphernalia,
apparatuses, 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;
(bb) 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 drug or such substances that are not intended for sale or
for any other purpose;
(cc)
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;
(dd)
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;
(ee)
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;
(ff) 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;
(gg)
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;
(hh) PDEA — refers to the Philippine Drug
Enforcement Agency under Section 82 Article IX of the Act;
(ii) 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;
(jj) Planting of Evidence — the willful act of 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 the Act;
(kk)
Practitioner — any person who is a licensed
physician, dentist, chemist, medical technologist, nurse, midwife, veterinarian
or pharmacist in the Philippines;
(ll) Protector/Coddler — any person who knowingly and willfully consents
to the unlawful acts provided for in the 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 the Act in order to prevent the arrest,
prosecution and conviction of the violator;
(mm) Pusher — any person who sells, trades, administers,
dispenses, delivers or gives away to another, on any term whatsoever, or
distributes, dispatches in transit or transports dangerous drugs or who acts as
a broker in any of such transactions, in violation a the Act;
(nn) Rehabilitation — the dynamic process,
including after-care and follow-up treatment, directed towards the physical,
emotional/psychological, vocational, social and spiritual change/enhancement of
a drug dependent to enable him/her to live without dangerous drugs, enjoy the
fullest life compatible with his/her capabilities and potentials and render
him/her able to become a law-abiding and productive member of the community;
(oo)
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;
(pp) Screening Test — a rapid test performed to establish
potential/presumptive positive result. It refers to the immunoassay test to
eliminate a “negative” specimen, i.e. one without the presence of dangerous
drugs, from further consideration and to identify the presumptively positive
specimen that requires confirmatory test;
(qq)
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,
e-mail, 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 the Act;
(rr)
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, any 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 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 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.
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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 the 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.
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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.
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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.
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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.
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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 chemicals 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.
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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.
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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
(P15,000,000.00) 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.
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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 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:
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(a) Any employee of 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 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 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.
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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.
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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.
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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 the 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 the Act.
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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.
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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:
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(a) 10 grams or more of opium;
(b) 10 grams or more of morphine;
(c) 10 grams or more of heroin;
(d) 10 grams or more of cocaine or cocaine hydrochloride;
(e) 50 grams or more of methamphetamine hydrochloride or “shabu”;
(f) 10 grams or more of marijuana resin or marijuana resin oil;
(g) 500 grams or more of marijuana; and
(h) 10 grams or more of other dangerous drugs such as, but not limited
to, methylenedioxymethamphetamine (MDMA) or “ecstasy”, paramethoxyamphetamine
(PMA), trimethoxyamphetamine (TMA), lysergic acid diethylamine (LSD), gamma
hydroxybutyrate (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 with Section 93, Article XI of the 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,
GHBs 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.
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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 the Act.
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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 the Act, regardless of the
quantity and purity of such dangerous drugs.
The phrase “company of at least two (2) persons” shall mean the
accused or suspect plus at least two (2) others, who may or may not be in possession
of any dangerous drug.
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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 the 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.
The phrase “company of at least two (2) persons” shall mean the
accused or suspect plus at least two (2) others, who may or may not be in
possession of any equipment, instrument, apparatus and other paraphernalia for
dangerous drugs.
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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 provision of Article VIII of the 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 the Act,
in which case the provisions stated therein shall apply.
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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 peso (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 plant 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.
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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.
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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 the 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.
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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 its 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.
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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
the 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.
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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.
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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 precurses and
essential chemicals, as well as instruments/paraphernalia and/or laboratory
equipment so confiscated and/or surrendered, for proper disposition in the
following manner:
(a) The apprehending officer/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: Provided, that the
physical inventory and photograph shall be conducted at the place where the
search warrant is served; or at the nearest police station or at the nearest
office of the apprehending officer/team, whichever is practicable, in case of
warrantless seizures; Provided, further, that non-compliance with these
requirements under justifiable grounds, as long as the integrity and the evidentiary
value of the seized items are properly preserved by the apprehending
officer/team, shall not render void and invalid such seizures of and custody
over said items;
(b) 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;
(c) 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;
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(d) 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;
(e) 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 cases of seizures where no person
is apprehended and no criminal case is filed, the PDEA may order the immediate
destruction or burning of seized dangerous drugs and controlled precursors and
essential chemicals under guidelines set by the Board. In all instances, the
representative sample/s shall be kept to a minimum quantity as determined by
the Board;
(f) 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;
(g) 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
(h) Transitory Provision:
h.1)
Within twenty-four (24) hours from the effectivity of the 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
h.2)
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.
In the meantime that the PDEA has no forensic laboratories
and/or evidence rooms, as well as the necessary personnel of its own in any
area of its jurisdiction, the existing National Bureau of Investigation (NBI)
and Philippine National Police (PNP) forensic laboratories shall continue to
examine or conduct screening and confirmatory test on the seized/surrendered
evidence whether these be dangerous drugs, plant sources of dangerous drugs,
controlled precursors and essential chemicals, instruments paraphernalia and/or
laboratory equipment; and the NBI and the PNP shall continue to have custody of
such evidence for use in court and until disposed of, burned or destroyed in
accordance with the foregoing rules: Provided, that pending
appointment/designation of the full complement of the representatives from the
media, DOJ, or elected public official, the inventory of the said evidence
shall continue to be conducted by the arresting NBI and PNP operatives under
their existing procedures unless otherwise directed in writing by the DOH or
PDEA, as the case may be.
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SECTION 22.
Grant of Compensation,
Reward and Award. — Compensation, reward and award shall, upon the
recommendation of the Board, be granted 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, subject
to the compensation, reward and award system promulgated by the Board.
SECTION 23.
Plea-Bargaining
Provision. — Any person charged under any provision of the Act
regardless of the imposable penalty shall not be allowed to avail of the
provision on plea-bargaining.
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SECTION 24.
Non-Applicability of the
Probation Law for Drug Traffickers and Pushers. — Any person convicted
of drug trafficking or pushing under the 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.
Positive finding refers to the result of confirmatory test.
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
provided under the 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 the Act.
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Any elective local or national official found to have benefited
from the proceeds of the trafficking of dangerous drugs as prescribed in the
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 the 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 the 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.
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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 the 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 the 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 the Act shall, after service of
sentence, be deported immediately without further proceedings, unless the
penalty is death.
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SECTION 32.
Liability of 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 the 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 the Act, who voluntarily gives information about any violation of Sections
4, 5, 6, 8, 10, 13 and 16; Article II of the Act, as well as any commission of
the offenses mentioned if or 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 person as described above,
shall be exempted from prosecution or punishment for the offense with reference
to which his/her information and 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:
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(a) The information and testimony are necessary for the conviction of
the persons described above;
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(b) Such information and testimony are not yet in the possession of the
State;
(c) Such information and testimony can be corroborated on its material
points;
(d) 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
(e) 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 the 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. In such case, the informant or witness shall be subject
to prosecution and the enjoyment of all rights and benefits previously accorded
him under the Act or any other law, decree or order shall be deemed terminated.
In case an informant or witness under the 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 the Act or in any other
law, decree or order shall be deemed terminated.
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In case the informant or witness referred to under the Act falls
under the applicability of this Section hereof, such individual cannot avail of
the provisions under Article VIII of the Act.
SECTION 35.
Accessory Penalties. — A person convicted under the 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.
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ARTICLE III
Dangerous Drugs Test and Record Requirements
SECTION 36.
Authorized Drug Testing. — Authorized drug testing shall be done by any government forensic laboratory
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 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: Provided, that the Land Transportation
Office shall see to it that no driver’s license is issued without a drug test certificate
indicating that the applicant is drug-free; Provided, further, that all drug
testing expenses will be borne by these licensees;
(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; Provided, further, that the Philippine National Police shall ensure
that no firearm’s license or permit is issued without a drug test certificate
indicating that the applicant is drug-free; Provided, finally, that all drug
testing expenses will be borne by said licensees and permittees;
(c) Students of tertiary and secondary schools. — Students of tertiary
and secondary 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; Provided, further, that the Department of Education and the
Commission on Higher Education, as the case may be, shall see to it that this
provision is implemented;
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(d) Officers and employees of public and private offices. — Officers
and employees of public and private offices, whether domestic or overseas,
shall 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: Provided, that the
Department of Labor and Employment and the Civil Service Commission, as the
case may be, shall see to it that this provision is implemented;
(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: Provided,
that the respective heads of these agencies shall see to it that this provision
is implemented;
(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: Provided,
that the National Prosecution Office shall see to it that this provision is implemented
by requiring the apprehending unit to have the persons charged drug-tested;
Provided, further, that all drug testing expenditures will be borne by the
government, subject to the guidelines to be issued by the Board; and
(g) All candidates for public office whether appointed or elected both
in the national or local government shall undergo mandatory drug test:
Provided, that the Commission on Elections and the Civil Service Commission, as
the case may be, shall see to it that this provision is implemented; Provided,
further, that the concerned candidates will bear all the drug testing
expenditures.
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In addition to the above stated penalties in this Section, those
found to be positive for dangerous drug use shall be subject to the provisions
of Section 15 of the Act.
The DOH shall be the sole drug-testing licensing/accrediting
body of the government to the exclusion of all other agencies. It shall be
responsible for setting the standards and guidelines of operations of these
facilities, as well as the monitoring of the implementations thereof.
SECTION 37.
Issuance of False or
Fraudulent Drug Test Results. — Any person authorized, licensed or
accredited under the Act and its implementing rules and 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).
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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 the Act, any person
apprehended or arrested for violating the provisions of the 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 equipped with a gas chromatograph/mass
spectrometry equipment or some such modern and accepted method, and 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 the Act: Provided, that a positive screening
laboratory test must be confirmed for it to be valid in court of law.
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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 examinations 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.
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The DOH, in coordination with the DDB, shall issue Orders,
Memoranda or Circulars providing for the implementing guidelines and specific
technical requirements related to licensing and accreditation.
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SECTION 40.
Records Required for Transactions on
Dangerous Drugs 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 the 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 physicians, dentists, veterinarians
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.
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(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 the 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.
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(a) The Family. — The family, particularly the parents, shall be
primarily responsible for promoting and strengthening the economic, physical,
social, emotional/psychological and spiritual well-being of each member in
order to develop it into a healthy, strong and stable one.
(b) Family Solidarity. — Family solidarity shall be promoted through
family rituals such as praying together and reunions, family hour for sharing
experiences, hobbies and other family life enrichment activities to enhance
cohesiveness, bonding and harmonious relationships among its members.
(c) Family Drug Abuse Prevention Program. — The family is the best
defense against drug abuse. Therefore, the prevention of drug abuse shall start
within the family.
c.1)
The Family Drug Abuse Prevention Program is a community-based
program of preparing families to protect their members against the adverse effects
of drug abuse.
c.2)
The objectives of the program are as
follows:
c.2.1)
To raise awareness and educate families
on the ill effects of drug abuse;
c.2.2)
To equip the families with parenting and
life skills towards a drug-free home; and
c.2.3)
To organize and mobilize families to
consolidate efforts in support of the program and of families at risk.
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c.3)
The program shall adopt the following
components among others:
c.3.1)
Advocacy and Information Education on Drug Abuse
c.3.1.1)
Integrate modules on drug prevention in existing parent education
and family life programs and services;
c.3.2) Capability Building of Parents and Youth on the Prevention
of Dangerous Drugs
c.3.2.1) Conduct capability-building programs for families, community
leaders and service providers on health, socio-cultural, psychological, legal
and economic dimensions and implications of the drug problem;
c.3.2.2) Conduct life skills and leadership training, peer counseling and values education towards the promotion of a positive lifestyle.
c.3.3) Social Mobilization
c.3.3.1) Organize and promote family councils as advocates of drug
abuse prevention;
c.3.3.2)Organize family peer support groups to strengthen coping capability of families in
handling drug-related problems and issues.
c.3.4)
Networking and Alliance Building
c.3.4.1) Network and build alliance with anti-drug abuse councils, and
agencies/institutions handling drug abuse cases.
(d) Adoption of the Program. — The Program shall be adopted by the
national government agencies (NGAs), local government units (LGUs),
non-government organizations (NGOs) and other concerned entities.
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(e) Monitoring and Evaluation. — The Program shall be monitored and
evaluated by the DSWD for enrichment.
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.
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The student governments/councils and legitimate school
organizations of all private and public schools shall:
(a)
include dangerous drug abuse awareness
and prevention in the objectives, programs and projects provided for in their
respective Constitution and By-Laws;
(b)
have detailed plans of action of their
projects duly approved, with the implementation of the same, monitored and
evaluated by the school heads/teacher-advisers;
(c)
participate actively in drug abuse
prevention programs and training activities initiated by government
organizations (GOs) and non-government organizations (NGOs) in the community;
as part of their extension services/co-curricular activities;
(d)
implement programs/projects focused on,
but not limited to, information campaigns, peer counseling, life skills and
leadership trainings; and
(e)
coordinate with the school administration
relative to the treatment and rehabilitation of students with drug-related
problems.
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:
(a) Adverse effects of the abuse and misuse of dangerous drugs on the
person the family, the school and the community;
(b) Preventive measures against drug abuse;
(c) Health, socio-cultural, psychological, legal and economic
dimensions and implications of the drug problem;
(d) 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
(e) 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.
The Department of Education (DepEd) shall:
(1)
integrate drug abuse prevention concepts
into such subjects as, but not limited to, Science and Health and Makabayan at
the elementary level, and Science and Technology and Makabayan at the secondary
level;
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(2)
integrate such concepts in the Non-Formal
Education Program, particularly functional education and literacy, continuing
education and values education;
(3)
continuously develop, update and adopt
learning packages to support the existing drug education concepts/contents in
the textbooks and other instructional materials;
(4)
support the National Drug Education
Program (NDEP), with the school head fully responsible for its effective
implementation; and
(5)
mobilize the school health and nutrition
personnel to supplement and complement classroom instruction by communicating
drug abuse prevention messages to the students, teachers and parents.
The Commission on Higher Education (CHED) shall continue to
enrich and update the integration of dangerous drug prevention concerns, in the
general education components of all higher education course offerings, as well
as in the professional subjects particularly that of Health-related, other
Science and Teacher Education courses.
The Technical Education and Skills Development Authority (TESDA)
shall:
(1)
integrate drug abuse prevention concepts
in the technical, vocational and agro-industrial courses; and
(2)
include such concepts in appropriate
instructional materials for technical education and skills development.
The DepEd, CHED and TESDA shall:
(1)
provide a continuing in-service training
of teachers on the effective utilization of the support instructional materials
and on teaching strategies on drug education;
(2)
continuously monitor and evaluate the
effectiveness of the overall impact of the dangerous drug abuse prevention
program through their respective regional/field offices;
(3)
secure funds from local and foreign donor
agencies for the implementation of the drug education program whenever
possible;
(4)
enlist the assistance of any government
agency or instrumentality to carry out the objectives of the education program;
and
(5)
include the pertinent provisions of the
Act as one of the major topics of drug education in appropriate courses.
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SECTION 44.
Heads, Supervisors, and
Teachers of Schools. — For the purpose of enforcing the provisions of
Article II of the 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.
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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.
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a) The
school heads, supervisors and teachers:
a.1) shall effect the arrest of any person violating Article II of the
Act inside the school campus and/or within its immediate vicinity or in other
places as provided for in Section 44 of the Act, and turn over the
investigation of the case to the PDEA;
a.2) may summon the services of other law enforcement agencies to
arrest or cause the apprehension or arrest of persons violating Article II of
the Act;
a.3) shall be trained on arrest and other legal procedures relative to
the conduct of arrest of violators of the Act along with student leaders and
Parents Teachers Association (PTA) officials; and
a.4) shall refer the students or any other violators found to be using
dangerous drugs to the proper agency/office.
(b) A Special Unit or Task Force from existing school personnel,
student leaders and PTA officials shall be organized in every school and
trained to assist in the apprehension or arrest of violators of Article II of
the Act within their areas of jurisdiction.
(c) Appropriate protection of the concerned school officials shall be
put in place to ensure personal security and peace of mind among them, such as
free legal assistance, police protection and any other assistance as may be
deemed necessary.
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
Chairperson 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.
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(a) DepEd, CHED and TESDA shall develop and provide adequate
information materials on dangerous drug abuse and prevention;
(b) An Evaluation Committee composed of DepEd, CHED, TESDA, DOH and DDB
shall be organized, the main task of which, is to determine the appropriateness
of all instructional and information materials to be used in schools; and
(c) DepEd, CHED and TESDA shall include drug abuse prevention and
control activities in their Manual of Regulations/Service Manual. Schools,
colleges and universities shall include information/guidelines on drug abuse
prevention and control in the Student’s Handbook/Gabay sa Mag-aaral and school publications/official organs.
SECTION 46.
Special Drug Education
Center. — With the assistance of the Board, the Department of 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 drug education 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.
(a) The Establishment of Special Drug Education Center (SDEC)
a.1)
A Special Drug Education Center for out-of-school youth and street
children shall be established in every province to be headed by a Provincial
Social Welfare Development Officer (PSWDO). The concerned Provincial Government
shall establish and maintain the center with the assistance of the Board, the
DILG, the NYC and the DSWD.
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The SDEC in the province may serve the out-of-school youth and
children in the component cities and municipalities within its geographical
coverage. However, highly urbanized and non-component cities shall be
encouraged to establish their own SDECS to carry out an effective drug
education prevention program.
a.2)
The SDEC may be established through any of the following manner:
a.2.1)
As part of existing facilities of any
government organization (GO), non-government organization (NGO), civic, labor
or religious organization, or the private sector; or
a.2.2)
As a new center constructed through
government funds, donations, grants and the like.
a.3)
The Provincial Government shall provide the personnel, supplies,
equipment and others as it may deem necessary to carry out the effective implementation
of a preventive drug education program. The Board, DILG, NYC and DSWD shall
provide support in the operation of the SDEC.
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(b) Functions of the SDEC. — It shall exercise the following:
b.1)
Develop and implement drug abuse prevention programs such as
community information and education activities on the ill effects of drug
abuse, literacy programs, skills and livelihood activities, among others, for
out-of-school youth, street children and their parents;
b.2)
Conduct life skills and leadership training, peer counseling and values education towards the promotion of a positive lifestyle;
b.3)
Advocate local legislations, policies and programs, as well as
generate resources to support the SDEC;
b.4)
Maintain a databank on out-of-school youth, street children and
young drug dependents; and
b.5)
Establish linkages with anti-drug abuse councils, youth-serving
agencies, youth organizations, rehabilitation centers, after-care facilities
and other networks to ensure coordinated efforts in the prevention of drug
abuse;
(c) Roles and Responsibilities of DILG, NYC and DSWD. — The following
agencies shall have their respective roles and responsibilities:
c.1)
The Dangerous Drugs Board (DDB)
c.1.1)
Develop a national prevention program, in cooperation with the DILG,
NYC and DSWD, designed for out-of-school youth and street children.
c.1.2)
Require the SDECs to submit periodic
reports on their activities pertaining to said program.
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c.2)
Department of Interior and Local Government (DILG)
c.2.1) Assist and monitor the Provincial Government in order to ensure
the establishment of the SDEC;
c.2.2) Provide technical assistance on the operation and management of the
SDEC;
c.2.3) Establish linkages with local, national and international agencies
for technical and financial support to the SDEC; and
c.2.4) Monitor and ensure the submission of SDEC reports to the Board.
c.3.) National Youth Commission
c.3.1) Conduct life skills training to the out-of-school youth, street
children and young drug dependents; and
c.3.2) Provide access to existing programs/services of NYC
, such as, but not limited to, Ship for Southeast Asian Youth Program,
Youth Entrepreneurship Program, and National Youth Parliament and Government
Internship Program.
c.4)
Department of Social Welfare and Development (DSWD)
c.4.1) Provide technical assistance in the development of a drug abuse
prevention program;
c.4.2) Undertake training/capability building activities for center staff;
c.4.3) Develop standards for the SDEC; and
c.4.4) Accredit SDEC and monitor its compliance with set standards.
(d) Programs of the SDEC. — The programs of the SDEC shall be
accredited by the DSWD and be adopted in all private and public
orphanages/child caring agencies and existing special centers whenever
applicable.
(e) Appropriations. — The funds for the establishment and maintenance
of the SDEC shall be sourced out from the following:
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e.1)
Annual budget of the Local Social Welfare and Development Office;
e.2)
Development funds of the LGU subject to the approval of the
Sangguniang Panlalawigan; and
e.3)
Other sources, such as, but not limited to,
share from the Philippine Amusement and Gaming Corporation (PAGCOR) and gaming
and amusement centers.
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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.
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(a) A National Drug-Free Workplace Abuse Prevention Program shall be
formulated by a tripartite Task Force composed of representatives from the
DOLE, workers’ and employers’ groups. It shall be supported by the Board, other
concerned government. organizations (GOs), and
non-government organizations (NGOs).
(b) The Secretary of the DOLE shall issue a Department Order creating a
Task Force consisting of tripartite and other agencies to formulate policies
and strategies for the purpose of developing a National Action Agenda on drug
abuse prevention in the workplace. Pursuant to the declared policy of the State
and the national workplace policy, the DOLE shall issue a Department Order (DO)
requiring all private companies to adopt and implement drug abuse prevention
programs in the workplace, including the formulation of company policies.
(c) Pursuant to the functions of the Board under Section 81 (a) of the
Act, the existing Civil Service rules and policies needed to respond to drug
abuse in the public sector shall be adopted.
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.
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The Task Force shall develop a comprehensive National Drug-Free
Workplace Program in accordance with the following guidelines:
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(a) All private sector organizations with ten (10) or more personnel
shall implement a drug abuse prevention program.
a.1)
The workplace program shall include
advocacy and capability building and other preventive strategies including but
not limited to: company policies, training of supervisors/managers, employee
education, random drug testing, employee assistance program and monitoring and
evaluation.
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a.2)
The workplace program shall be integrated
in the safety and health programs.
(b) DOLE and labor and employers’ groups shall also encourage drug-free
policies and programs for private companies with nine (9) workers or less.
(c) 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 Book VI of the Labor
Code.
(d) Private sector organizations may extend the drug education program
to the employees/personnel and immediate families to contribute in the
promotion of a healthy drug-free family, community and society.
(e) All private sector organizations shall display in a conspicuous
place a billboard or streamer with a standard message of “THIS IS A DRUG-FREE WORKPLACE: LET’S KEEP IT THIS WAY!” or such
other messages of similar import.
ARTICLE VI
Participation of the Private and Labor Sectors in the
Enforcement of the 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 the Act with the end in view of achieving
a drug-free workplace.
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It shall be required that the workplace drug abuse prevention
policies and programs be included as part of the Collective Bargaining
Agreement (CBA).
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.
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(a) The DOLE, DDB, and PDEA and other government agencies shall
provide technical assistance in planning, developing, monitoring and evaluating
drug abuse prevention programs, including a referral system for treatment and
rehabilitation, in the labor sector both private and public.
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(b) Workplace drug abuse prevention programs shall be included in
existing advocacy and capability building programs of the government.
(c) The labor inspection arm of the DOLE shall develop an appropriate
inspection form to be integrated in the on-going general labor standards
inspection.
(d) The information and dissemination of pertinent provisions of the
Act and the IRR shall be included in the agenda of the advisory visits of the
labor enforcement advisory team.
ARTICLE VII
Participation of Local Government Units
SECTION 51.
Local Government Units’
Assistance. — The LGUs shall appropriate a substantial portion of their
respective annual budgets to assist in or enhance the enforcement of the Act
giving priority to preventive or educational programs and the rehabilitation or
treatment of drug dependents.
(a) Consistent with the principles of local autonomy, the local
sanggunians shall appropriate substantial funds from their annual budgets to be
utilized in assisting or enhancing the enforcement of the Act, giving priority
to educational programs on drug abuse prevention and control and rehabilitation
and treatment of drug dependents, such amount to be determined by the
sanggunian concerned based on the perceived need of the locality.
(b) As used in this Section, “perceived need” may cover such factors
as, but not limited to, the following:
b.1) Considerable increase in the number of drug dependents in the
area;
b.2)
The rise in drug-related crime incidents
as certified to by the local PNP and/or PDEA; and
b.3)
The need for preventive and advocacy
initiatives.
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, or
used as drug dens for pot sessions and other similar activities, may be
declared to be a public nuisance, and such nuisance may be abated, pursuant to
the following procedures:
(a) Any city or municipality may, by ordinance, create an
administrative board to hear complaints regarding the nuisances, to be composed
of the following:
a.1)
City/Municipal Health Officer as chairperson;
a.2)
City/Municipal Legal Officer as member, provided that in
cities/municipalities with no Legal Officer, the City/Municipal Administrator
shall act as member; and
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a.3)
The Local Chief of Police as member;
(b) Any employee, officer, or resident of the city or municipality may
bring a complaint before the administrative 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;
(c) Within three (3) days from receipt of the complaint, a hearing
shall then be conducted by the administrative board, with notice to both
parties, and the administrative board may consider any evidence submitted,
including evidence of general reputation of the place or premises;
(d) The owner/manager of the premises or place shall also be given an
opportunity to resent any evidence in his/her defense;
(e) After hearing, the administrative board may declare the place or
premises to be a public nuisance; and
(f) The hearing shall be terminated within ten (10) days from
commencement.
Subject to the limitation on personal services under the Local
Government Code of 1991, the availability of funds and the existing Department
of Budget and Management (DBM) Local Budget Circulars, the Sangguniang
Bayan/Panlungsod may grant reasonable honoraria to the chairperson and members
of the administrative board.
SECTION 53.
Effect of the
Administrative Board Declaration. — If the administrative board declares
a place or premises to be a public nuisance, it shall issue an order
immediately prohibiting the conduct, operation or maintenance of any business
or activity on the premises which is conducive to such nuisance. The
city/municipal mayor shall implement the order of the administrative board and
shall assume full responsibility in seeing to it that the order is immediately
complied with.
The order issued by the administrative board shall expire after
one (1) year, or at such an earlier time as stated in the order. The
administrative board may bring a complaint seeking a permanent injunction
against any nuisance described under this IRR.
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The administrative board, upon showing that the place is no
longer a public nuisance, may conduct hearing with the complainant duly
notified, for the possible lifting of the order.
The DDB shall issue guidelines on the proper implementation of
the order of the administrative board in case the place or premises declared as
a public nuisance is a residential house, without prejudice to the filing of
criminal case against the owner of the house pursuant to Section 6 of the Act.
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This IRR does not restrict the right of any person to proceed
under the Civil Code on public nuisance. Neither shall this restrict the power
of the Sangguniang Bayan and Sangguniang Panlungsod per Section 447 [a] [4] [i]
and Section 458 [a] [4] [i], respectively, of the Local Government Code, to
declare or abate any nuisance.
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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 the 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 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.
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The DOH, in consultation with the DDB, shall provide standards
and guidelines for the accreditation of the physicians.
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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 the Act subject to the following conditions:
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(a) 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 drug 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;
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(b) He/she has never been charged or convicted of any offense
punishable under the 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;
(c) 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
(d) 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 enter that the drug dependent within the
voluntary submission program may be temporarily release 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 the Act, without prejudice to
the outcome of any pending case filed in court.
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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.
The DOH shall formulate standards and guidelines, in
consultation with the DDB, after-care and follow-up, treatment wherein the
following provisions, among others, shall be incorporated:
(a) The DOH-accredited physician can recommend to the court the
release of a drug dependent at least forty-five (45) days after initial
admission to a facility; and
(b) The physician should likewise prescribe a comprehensive after-care
and follow-up program which the dependent should adhere to in order to complete
at least eighteen (18) months, depending on the assessment and evaluation of
the physician and subject to the approval of the court.
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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 the Act, may be charged under the provisions of
the Act, but shall be placed on probation and undergo 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 non-government, civic 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 with violation of
Section 15 of the 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.
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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.
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If, subsequent to a recommitment, the dependent once again
escapes from confinement, he/she shall be charged with violation of Section 15
of the Act and be subjected under Section 61 of the 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/her 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.
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However, where the drug dependent is not exempt from criminal
liability under Section 55 of the Act, or when he/she is not rehabilitated
under the voluntary submission program, or when he/she escapes again from
confinement after recommitment, the records mentioned in the immediately
preceding provisions, which are necessary of his/her conviction, may be
utilized as evidence in court against him/her.
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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 representatives, be confined for
treatment and rehabilitation in any Center duly designated or accredited for
the purpose.
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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.
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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/her.
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/her 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.
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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.
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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/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.
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Thereafter, his/her prosecution for any offense punishable by
law shall be instituted or shall continue, as the case maybe. 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 the 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.
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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.
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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.
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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.
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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.
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A drug dependent committed under this particular Section who is
finally discharged from confinement shall be exempt from criminal liability
under Section 15 of the 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 the Act, again without prejudice to the outcome of any pending case filed in
court.
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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 with violation of Section 15
of the Act, shall be covered by Section 60 of the 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 the Act.
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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 the 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 the 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 onto the care
of a DOH-accredited physician; and
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(c) The Board favorably recommends that his/her sentence be suspended.
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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.
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In the case of minors under fifteen (15) years of age at the
time of the commission of any offense penalized under the 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.
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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 favorable recommendation of the Board
for the final discharge of the accused shall discharge the accused and dismiss
all proceedings.
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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.
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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 the Act but not
more than eighteen (18) years of age at the time when judgment should have been
promulgated.
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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.
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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 the 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.
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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
the 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.
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In both cases, the judicial records shall be covered by the provisions
of Sections 60 and 64 of the Act.
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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 the Act is a
first-time minor offender.
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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 the 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.
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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 concealed agency in the treatment
and rehabilitation of a drug dependent who is a minor, of 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.
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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 person
confined. The guidelines therein formulated shall be implemented by a social
worker of the local government unit.
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(a) Persons Sharing the Cost of 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 share the cost of
treatment and rehabilitation of a drug dependent: Provided, however, that, in
case a dependent has no parent, spouse, guardian or relative within the fourth
degree of consanguinity, his/her rehabilitation shall be through the auspices
of any government rehabilitation center.
(b) Factors in Determining Cost. — In government rehabilitation
centers, the following factors shall be taken into consideration in determining
the share of the cost:
b.1)
Family income in relation to poverty threshold based on assessment
of the LGU social worker.
Family
income refers to the aggregate of primary income, property income, pension and
other current transfers received by the immediate family or relatives of the
drug dependent;
b.2)
Capacity of the province/city/municipality based on their income
classification; and
b.3)
The cost of treatment and rehabilitation
based on a center’s facilities, programs and services.
(c) Guiding Principles. — The following guiding principles shall be
observed:
c.1)
A family whose income is within poverty threshold shall be fully
subsidized by the government;
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c.2)
The higher the income of the family, the
higher is its percentage share;
c.3)
The higher the capacity of the LGU, the
better the quality of programs, services and structures it shall provide;
c.4)
Confidentiality of drug abuse cases shall be observed; and
c.5)
Same quality of services shall be provided
to both paying and non-paying drug dependents.
(d) Formulation of Cost Sharing Schedule. — Within sixty (60) days upon
the effectivity of this IRR, the respective provincial/city/municipal councils
shall pass an ordinance prescribing the cost-sharing percentage for the
treatment and rehabilitation of drug dependents.
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) rehabilitation center in each province, depending on the availability
of funds.
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To ensure proper treatment and rehabilitation of drug
dependents, the DOH shall perform the following:
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(a) Formulate standards and guidelines for the operation and
maintenance of all treatment and rehabilitation centers nationwide;
(b) Develop a system for monitoring and supervision of all drug
rehabilitation centers nationwide;
(c) Create programs which will advocate for the establishment of
LGU-assisted rehabilitation facilities in each province;
(d) Submit to the Department of Budget and Management (DBM) a budget
for the establishment, and operation of drug rehabilitation centers; and
(e) Facilitate the turn-over of all the rehabilitation centers from
the PNP and NBI thru a Memorandum of Agreement that shall be signed within
sixty (60) days after approval of this IRR.
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SECTION 76.
The Duties and
Responsibilities of the Department of Health (DOH) Under the Act. — The
DOH shall:
(a) Oversee and 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;
(b) License, accredit, establish and maintain drug test network and
laboratory; and initiate, conduct and support scientific research on drugs and
drug control;
(c)
Encourage, assist and accredit private
centers; and promulgate rules and regulations setting minimum standards for
their accreditation to assure their competence, integrity and stability;
(d) Prescribe and promulgate rules and regulations governing the
establishment of such Centers as it may deem necessary after conducting a
feasibility study thereof;
(e) The DOH shall, without prejudice to the criminal prosecution of
those found guilty of violating the 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 the Act or regulations issued by
the Board; and
(f) 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 the 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.
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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: law, medicine, criminology, psychology or social work, shall
be appointed by the President of the Philippines. The President shall designate
a Chairperson, who shall have the rank of a secretary from among the three (3)
permanent members who shall serve for six (6) years and until their successors
shall have been duly appointed and qualified.
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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)
Chairperson of the Commission on Higher Education or his/her
representative;
(11)
Chairperson of the National Youth Commission; and
(12)
Director General of the Philippine Drug Enforcement Agency.
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Cabinet secretaries who are members of the Board may designate
their duly authorized and permanent representative 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 chairperson or president of a non-government organization
involved in dangerous drug campaign to be appointed by the President of the
Philippines.
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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 more frequently as necessary at the
discretion of the Chairperson or at the call of any four (4) other members. The
presence of nine (9) members shall constitute a quorum.
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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 deputy executive directors, 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.
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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 Services: Policy Studies, Research and Statistics; Preventive
Education, Training and Information; Legal Affairs; and Administrative and
Financial Management.
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SECTION 81.
Powers and Duties of the
Board. — The Board shall:
(a) Formulate, develop and establish a comprehensive, integrated,
unified and balanced national drug abuse prevention and control strategy;
(b) Promulgate such rules and regulations as may be necessary to
carry out the purposes of the Act, including the manger of safekeeping,
disposition, burning or condemnation of any dangerous drug and/or controlled
precursor and essential chemical under the charge and custody of DDB, PDEA and
other concerned agencies, 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 drug 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 after-care 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 non-government organizations, a drug
abuse prevention program in the workplace that would include a provision for
employee assistance programs for emotionally-stressed employees;
(j) 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;
(k) Initiate and authorize closure proceedings against
non-accredited and/or substandard rehabilitation centers based on verified reports
of human rights violations, sub-human conditions, inadequate medical training
and assistance and excessive fees for implementation by the PDEA;
In conjunction with sub-paragraphs (c), (d) and (e) of Section
76 and sub-paragraphs (j) and (k) of Section 81, the DDB and the DOH shall
jointly promulgate standards and guidelines for the establishment,
operationalization, monitoring and closure of treatment and rehabilitation
facilities.
(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 precursor and essential chemical such data or information as
it may need to implement the Act;
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(m) Gather and prepare detailed statistics on the importation
exportation, manufacture, stocks, seizures of and estimated need for any
dangerous drug and/or controlled precursor and essential chemical and such
other statistical data on said drugs as may be periodically required by the
United Nations Commission on Narcotic Drugs, 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 the Board, 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 of 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 precursor and essential chemical 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
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: Provided, that the corresponding license for this purpose shall be
issued by the PDEA;
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(s) Develop, in consultation with concerned agencies, 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 drug and/or
controlled precursor and essential chemical for implementation by the PDEA in
collaboration with other agencies and foreign counterparts;
(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 the 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;
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(w) Approve changes in the organizational set-up of PDEA as submitted
by the Director General of the PDEA, as provided for under Section 83;
(x) Approve the establishment of the PDEA Academy either in Baguio or
Tagaytay City, and in such other places as may be necessary, and provide for
the qualifications and requirements of PDEA recruits who must be at least
twenty-one (21) years old, of proven integrity and honesty and a baccalaureate
degree holder, as provided for under Section 85;
(y) Reclassify, add to or remove any dangerous drug from, the lists
of dangerous drugs and controlled precursors and essential chemicals, as
provided for under Section 93;
(z) Receive from DOH all income derived from fees for drug
dependency examinations and other medical and legal services provided to the
public which shall be constituted as a special funds for the implementation of
the Act, as provided for under Section 76(f);
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(aa) Receive fines, fees, net proceeds of any sale
or disposition of any property confiscated of forfeited, and other income
authorized and imposed under the Act, including ten per cent (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), and Five million pesos (P5,000,000.00) a month from PAGCOR,
which shall constitute as special account in the general fund for the
implementation of the Act, excluding the operating expenses of the Board and
other concerned agencies at least fifty per cent (50%) of all funds which shall
be reserved for assistance to government-owned and/or operated rehabilitation
centers, as provided for under Sections 76(f) and 87.
(bb) Recommend to the concerned agency the grant of
compensation, reward and award to any person providing information and to law
enforcers participating in a successful drug operation, as provided for in
Section 22;
(cc) Manage the funds as it may deem proper for the attainment of the
objectives of the Act. The Chairperson of the Board shall submit to the
President of the Philippines and 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 the Act; recommended remedial legislation, If needed, and such other
relevant facts as it may deem proper to cite, as provided for under Section 88;
and
(dd) 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.
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SECTION 82.
Creation of the
Philippine Drug Enforcement Agency (PDEA). — To carry out the provisions
of the Act, the PDEA, which serves as the implementing arm of the Board, 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 the 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) deputy director
generals with the rank of Assistant Secretary, one for Operations and the other
one for Administration. The two (2) deputy director generals shall likewise be
appointed by the President of the Philippines upon recommendation of the Board.
The two (2) deputy director generals shall possess the same qualifications as
those of the Director General of the PDEA. The Director General and the two (2)
deputy director generals 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 (DEP Center) as created by Executive Order No.
61 shall be accordingly modified and absorbed by the PDEA.
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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.
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For purposes of carrying out its duties and powers as provided
for in the succeeding Section of this IRR, 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.
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The PDEA shall establish and maintain regional offices in the
different regions of the country which shall be responsible for the
implementation of the Act and the policies, programs, and projects of said
agency in their respective regions.
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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 anti-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 the
Act relative to the unlawful acts and penalties involving any dangerous drug
and/or controlled pre-cursor 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 the Act and the provisions of
Presidential Decree No. 1619;
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(c) Administer oath, issue subpoena and subpoena duces tecum relative
to the conduct of investigation involving the violations of the 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 pre-cursors 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 seized or confiscated drugs,
thereby hastening the destruction of the same 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 the 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 maybe 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 non-government
organizations, including the citizenry, subject to the provisions of previously
formulated programs of action against dangerous drugs;
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(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 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
the Act;
(q) Initiate and undertake a national campaign for drug abuse
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.
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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.
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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 re-assigned 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 the Act: Provided, that personnel absorbed and on detail service shall be given until five (5)
years to finally decide to join the PDEA.
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Nothing in the 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, the PNP or any ad hoc anti-drug task force is found to be
a violation of any of the provisions of the Act, the PDEA shall be the lead
agency. The NBI, the PNP or and any of the task force shall immediately
transfer the same to the PDEA; Provided, further, that the NBI, the PNP and the
Bureau of Customs shall maintain close coordination with the PDEA on all drug
related matters.
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(a) Relationship/Coordination between the PDEA and Other Agencies. —
The PDEA shall be the lead agency in the enforcement of the Act, while the PNP,
the NBI and other law enforcement agencies shall continue to conduct anti-drug
operations in support of the PDEA: Provided, that the said agencies shall, as
far as practicable, coordinate with the PDEA prior to anti-drug operations;
Provided, further, that, in any cases, said agencies shall inform the PDEA of
their anti-drug operations within twenty-four (24) hours from the time of the
actual custody of the suspects or seizure of said drugs and substances, as well
as paraphernalia and transport equipment used in illegal activities involving
such drugs and/or substances, and shall regularly update the PDEA on the status
of the cases involving the said anti-drug operations; Provided, furthermore,
that raids, seizures, and other anti-drug operations conducted by the PNP; the
NBI, and other law enforcement agencies prior to the approval of this IRR shall
be valid and authorized; Provided, finally, that nothing in this IRR shall
deprive the PNP, the NBI, other law enforcement personnel and the personnel of
the Armed Forces of the Philippines (AFP) from effecting lawful arrests and
seizures in consonance with the provisions of Section 5, Rule 113 of the Rules
of Court.
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(b) Roles of the PNP, NBI, Bureau of Customs and Other Law Enforcement
Agencies — The PDEA may enter into a Memorandum of Agreement (MOA) with the
PNP, the NBI, the Bureau of Customs and other law enforcement agencies to carry
out the implementation of the Act, provided that the respective MOAs shall
include specific roles of enumerated agencies in the administrative and
operational matters. Said MOAs shall be entered into by the PDEA and the
respective agencies fifteen (15) days after the implementation of this IRR.
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 DEP 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 the Act. Thereafter, such sums as
may be necessary for the continued implementation of the Act shall be included
in the annual General Appropriations Act.
All receipts derived from fines, fees and other income
authorized and imposed in the 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 the 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.
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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 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.
(a) No money shall be paid out of the National Treasury for the
current operating and capital outlay requirement of the programs, projects and
activities of the Board and the PDEA, including those funded from the Special
Account in the General Fund (SAGF) constituted under Section 87 of the Act and
the next succeeding Rule, except in pursuance of an express appropriation made
by Congress in the annual General Appropriations Act. Until such time that such
an express appropriation is made, the amounts necessary for the operation of
the new DDB and PDEA shall be in-charged against the current year’s
appropriation of the old DDB of the DOH, the DEP Center, the Narcotics Group of
the PNP, the Narcotics Division of the NBI and other drug enforcement units of
the different law enforcement agencies integrated into the PDEA, subject to
such guidelines as may be issued by DBM for the purpose.
(b) The Bureau of Treasury (BTr) shall open a SAGF in favor of the
Board to which shall be deposited the following:
b.1) Receipts derived from fines which shall be remitted by the court
imposing such fines within thirty (30) days from the finality of its decisions
or orders;
b.2) Ten percent (10%) of all unclaimed and forfeited sweepstakes and
lotto prizes, but in no case less than Twelve million pesos (P12,000,000.00)
per year, which shall be remitted by the PCSO within thirty (30) days after
these are collected and declared forfeited;
b.3) Proceeds from fees and other incomes authorized and imposed
pursuant to the Act;
b.4) The Five million pesos (P5,000,000.00) monthly share of the Board
from the fifty percent (50%) statutory share of the National Government in the
income of the PAGCOR which shall automatically remit the same; and
b.5) Grants, donations and endowments from various sources, domestic or
foreign, for purposes relative to their functions and subject to existing
guidelines.
(c) Release against the SAGF shall be governed by Section 35, Chapter
5, Book VI of E.O. No. 292 (The Administrative Code of 1987), the established
programming considerations, and the observance of the following conditions
specified by the Act:
c.1) At least fifty percent (50%) of the total receipts derived from
fines, fees and other income authorized and imposed under the Act, including
the ten percent (10%) of all unclaimed and forfeited sweepstakes and lotto
prizes from PCSO, shall be reserved for assistance to drug treatment and
rehabilitation centers owned and/or operated by the National Government and its
political subdivisions and that no amount in the total of such receipts shall
be disbursed to cover the operating expenses of the Board, the PDEA, and other
concerned agencies; and
c.2) The Five million pesos (P5,000,000.00) monthly share of the Board
from the fifty percent (50%) statutory share of the National Government from
the PAGCOR income shall be used exclusively for the establishment and maintenance
of new drug treatment and rehabilitation centers in the country, as well as the
operation and maintenance of existing ones.
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SECTION 88.
Management of Funds Under the Act: Annual Report by the Board and the PDEA. —
(a) Fund Management. — The Board and the PDEA shall manage their
respective funds, whether appropriated by Congress or coming from other
sources, as each may deem proper for the attainment of the objectives of the
Act, and respectively account for the same, subject to the observance of the
terms and conditions set in the annual general appropriations act and pertinent
budgeting, accounting and auditing rules and regulations.
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(b) Annual Report. — In addition to the periodic reports prescribed
elsewhere in this IRR, the Chairperson of the Board shall submit to the
President of the Philippines and to the presiding officers of the two chambers
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 the dangerous drugs, expenses incurred in pursuit of the
mandate set under the 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 the 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, through its provincial/city prosecution offices, shall
designate special prosecutors to exclusively handle cases involving violations
of the Act.
The preliminary investigation of cases filed under the 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.
However, when the prosecutor disagrees with the finding of the
Municipal Trial Court and he/she finds the need to conduct a formal
reinvestigation of the case to clarify issues, or to afford either party the opportunity
to be heard to avoid miscarriage of justice, the prosecutor has to terminate
the reinvestigation within fifteen (15) days from receipt of the records, and
if probable cause exists, to file the corresponding information in court within
forty-eight (48) hours from termination of the reinvestigation.
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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 tendered within a period of
fifteen (15) days from the date of submission of the case for resolution.
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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 proceeding, involving
violations of the 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, should
he/she fail to notify the court in writing of such order to transfer or
re-assign.
Prosecution and punishment under this Section shall be without
prejudice to an liability for violation of any
existing law.
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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 the Act, either as
prosecutor, prosecution witness, or as law enforcement agent, 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.
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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 the 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 precursor and
essential chemical, the penalties for the violations of the Act pertaining to
precursors and essential chemicals shall, in case of conviction, be imposed in
all pending criminal prosecutions;
(b) In case a precursor and essential chemical 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 the 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 the 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
Final Provisions
SECTION 94.
Congressional Oversight
Committee on Dangerous Drugs (COCDD). — The COCDD created under Section
95 of the Act shall be 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 the proportional representation of the parties or
coalitions therein with at least two (2) Members representing the Minority.
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The COCDD shall beheaded by the respective Chairpersons of the
Senate Committee on Public Order and Illegal Drugs and the House of
Representatives Committee on Dangerous Drugs.
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SECTION 95.
Powers and Functions of
the COCDD. — The COCDD 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 the 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 the Act;
(c) To approve the budget for the programs of the COCDD 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 the Act;
(e) To determine inherent weaknesses in the law and recommend the
necessary, remedial legislation or executive measures; and
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(f) To perform such other duties, functions and responsibilities as
may be necessary to effectively attain the objectives of the Act.
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SECTION 96.
Adoption of Committee
Rules and Regulations, and Funding. — The COCDD 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 the Act.
The COCDD 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 COCDD, 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.
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The COCDD shall exist for a period of ten (10) years from the
effectivity of the Act and may be extended by a joint concurrent resolution.
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SECTION 97.
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 IRR, 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 98.
Separability Clause. — If for any reason any section or provision of this IRR, 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 IRR shall not be affected by such declaration and shall
remain in force and effect.
SECTION 99.
Repealing Clause. — All memorandum circulars, resolutions, orders, and other issuances or parts
thereof which are inconsistent with the Act or with this IRR are hereby repealed,
amended or modified accordingly.
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SECTION 100.
Implementing Details. — The Board shall issue such additional implementing rules and regulations as
may be necessary to further clarify any part of this IRR.
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SECTION 101.
Effectivity Clause. — This IRR shall take effect upon its publication in three (3) newspapers of
general circulation and upon registration with the Office of the National
Administrative Register at the University of the Philippines Law Center, UP
Diliman, Quezon City.
DONE in the City of Quezon this 30th day of August,
2002.
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