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PHILIPPINE LAWS, STATUTES & CODES
A collection of Philippine laws, statutes and codes not included or cited in the main indices of the Chan Robles Virtual Law Library.
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Section 1.
"(1)
"(i)
"(l)
Sec. 2.
"(q)
Sec. 3.
"Sec. 8.
"The penalty of imprisonment ranging from six years and one day to
twelve years and a fine ranging from six thousand to twelve thousand
pesos shall be imposed upon any person who, unless authorized by law,
shall possess or use Indian hemp."
Sec. 4.
"Sec. 9.
"The land or portions thereof
and/or green-houses on which any of said plants is cultivated or
cultured shall be confiscated and escheated to the State, unless the
owner thereof can prove that he did not know of such cultivation or
culture despite the exercise of due diligence on his part.
"If the land involved is part of the public domain, the maximum of the
penalties herein provided shall be imposed upon the offender."
Sec. 5.
"Sec. 16.
Sec. 6.
"Sec. 20.
"Any apprehending or arresting
officer who misappropriates or misapplies or fails to account for
seized or confiscated dangerous drugs or plant-sources of dangerous
drugs or proceeds or instruments of the crime as herein defined shall
after conviction be sentenced to imprisonment ranging from eight years
and one day to twelve years and a fine ranging from ten thousand to
twenty thousand pesos in addition to absolute perpetual
disqualification."
Sec. 7.
"Sec. 24.
Sec. 8.
"Sec. 24-A.
"For this purpose, the Dangerous Drugs Board shall establish, operate
and maintain drug testing centers in each province and city in order to
conduct the laboratory examinations/tests herein provided and appoint
such technical and other personnel as may be necessary for the
effective implementation of this provision."
Sec. 9.
"Sec. 25.
"(a)
"A certified true copy of such
record covering a period of six calendar months, duly signed by the
pharmacist or the owner of the drug store or pharmacy, shall be
forwarded to the board within fifteen days following the last day of
every June and December of each year, copy furnished the city or
municipal health officer concerned.
"(b)
"For purposes of this Act, all
prescriptions issued by physicians, dentists, veterinarians or
practitioners shall be made out on forms exclusively issued by and
obtained from the Board. Such forms shall be made of a special kind of
paper and shall be distributed in such quantities and contain such
information and other data as the Board may, by rules and regulations,
require. Such forms shall not be issued by the Board or any of its
employees except to licensed physicians, dentists, veterinarians and
practitioners in such quantities as the Board may authorize. In such
emergency cases, however, as the Board may specify in the public
interest, prescriptions need not be accomplished on such forms. The
prescribing physician, dentist, veterinarian or practitioner shall,
within three days after issuing such prescription, inform the Board of
the same in writing. No prescription once issued may be refilled.
"(c)
Sec. 10.
Sec. 11.
"Sec. 30.
"The above exemption shall be extended to a minor who may be committed
for treatment and rehabilitation in a center upon sworn petition of his
parent, guardian or relative within the fourth civil degree of
consanguinity or affinity, or of the Minister of Health or the Minister
of Social Services and Development, in that order. Such petition may be
filed with the regional trial court of the province or city where the
minor resides and shall set forth therein his name and address and the
facts relating to his dependency. The court shall set the petition for
hearing and give the drug dependent concerned an opportunity to be
heard. If, after such hearing, the facts so warrant in its judgment,
the court shall order the drug dependent to be examined by two
physicians accredited by the Board. If both physicians conclude, after
examination, that the minor is not a drug dependent, the court shall
enter an order discharging him. If either physician finds him to be a
dependent, the court shall conduct a hearing and consider all relevant
evidence which may be offered. If the court makes a finding of drug
dependency, it shall issue an order for his commitment to a center
designated by the court for treatment and rehabilitation under the
supervision of the Board.
"Upon certification of the center
that he may be temporarily discharged from the center, the court shall
order his release therefrom on condition that he shall report to the
Board for after-care and follow-up treatment for a period not exceeding
eighteen months under such terms and conditions as may be imposed by
the Board. If at any time during the after-care and follow-up period
the Board certifies to his complete rehabilitation, the court shall
enter an order of final discharge. Should the Board find at any time
during the after-care and follow-up period that he requires further
treatment and rehabilitation in the center, it shall make a report to
this effect to the court which shall thereupon order his recommitment
to the center.
"Should the drug dependent having
voluntarily submitted himself for confinement, treatment and
rehabilitation in, or having been committed to a center upon petition
of the proper party, escape therefrom, he may resubmit himself for
confinement within one week from the date of his escape, or his parent,
guardian or relative may, within the same period, surrender him for
recommitment. If, however, the drug dependent does not resubmit himself
for confinement or he is not surrendered for recommitment, as the case
may be, the Board may apply with the court for the issuance of a
recommitment order. Upon proof of previous commitment or of his
voluntary submission to confinement, treatment and rehabilitation, the
court shall issue an order for recommitment. If, subsequent to such
recommitment, he should escape again, he shall no longer be exempt from
criminal liability for use or possession of any dangerous drugs.
"The judicial and medical records
pertaining to any drug dependent's confinement or commitment under this
Section shall be confidential and shall not be used against him for any
purpose except to determine how many times he shall have voluntarily
submitted himself to confinement, treatment and rehabilitation or been
committed to a center."
Sec. 12.
"Sec. 31.
"In the event the Board
determines, after medical examination, that public interest requires
that such drug dependent be committed to a center for treatment and
rehabilitation, it shall file a petition for his commitment with the
regional trial court of the province or city were he is being
investigated or tried: Provided, That where a criminal case is pending
in court, such petition shall be filed in the said court. The court
shall take judicial notice of the prior proceedings in the case and
shall proceed to hear the petition. If the court finds him to be a drug
dependent, it shall order his commitment to a center for treatment and
rehabilitation. The head of said center shall submit to the court every
four months, or as often as the court may require, a written report on
the progress of the treatment. If the dependent is rehabilitated, as
certified by the center and the Board, he shall be returned to the
court which committed him, for his discharge therefrom.
"Thereafter, his prosecution for
any offense punishable by law shall be instituted or shall continue, as
the case may be. In case of conviction, the judgment shall, if the
accused is certified by the treatment and rehabilitation center to have
maintained good behavior, indicate that he shall be given full credit
for the period he was confined in the center: Provided, however, That
when the offense is for violation of Sec. 8 or Sec. 16 of this
Act and the accused is not a recidivist, the penalty thereof shall be
deemed to have been served in the center upon his release therefrom
after certification by the center and the Board that he is
rehabilitated.
"The period of prescription of the offense charged shall not run during
the time that the respondent or the accused is under detention or
confinement in a center."
Sec. 13.
"Sec. 32.
"If the court finds that such
accused is a drug dependent, it shall commit him to a center for
treatment and rehabilitation under the supervision of the Board. Upon
certification by the center that he may be temporarily discharged from
the center, the court shall order his release therefrom on condition
that he shall report to the Board for after-care and follow-up for a
period not exceeding eighteen months under such terms and conditions as
may be imposed by the Board. If at any time during the after-care and
follow-up period the Board certifies to his complete rehabilitation,
the court shall enter an order discharging him. Should the Board find
at any time during the after-care and follow-up that he requires
further treatment and rehabilitation in the center, it shall make a
report to this effect to the court which shall thereupon order his
recommitment to the center.
"A confidential record of the proceedings shall be kept by the Ministry
of Justice and shall not be used for any other purpose than as a basis
for determining whether or not a person accused under the provisions of
this Act is a first offender.
"Upon completion of the period of
after-care and follow-up, the court shall enter an order to expunge all
official records (other than the confidential record to be retained by
the Ministry of Justice) relating to his case. Such an order, which
shall be kept confidential shall restore the accused to his status
prior to the case. He shall not be held thereafter, under any provision
of law, to be guilty of perjury or of concealment or misrepresentation
by reason of his failure to acknowledge the case or recite any fact
related thereto in response to any inquiry made of him for any purpose.
"In the case of minors under sixteen years of age at the time of the
commission of any offense penalized under this Act, the provisions of
Article 80 of the Revised Penal Code shall apply, without prejudice to
the application of the provisions of this Section .
"Should the parents or guardian refuse to cooperate with the Board, or
in any manner, prevent or delay the after-care and follow-up of the
child or ward, as the case may be, they may be cited for contempt of
court."
Sec. 14.
"Sec. 35.
(a)
(b)
(c)
(d)
(e)
(f)
(g)
"The Minister of Health shall be the Chairman of the Board.
"The Director of the National Bureau of Investigation shall be the
permanent consultant of the Board.
"The Chairman and all members of the Board and the Director of the
National Bureau of Investigation shall receive a per diem of two
hundred fifty pesos and the Board secretary a per diem of one hundred
fifty pesos for their attendance at every meeting of the Board:
Provided, That where the representative of an ex-officio member or the
Director of the National Bureau of Investigation attends a meeting in
behalf of the latter, such representative shall be entitled to receive
the per diem.
"The Board shall meet at the call
of the chairman or of any two other members. The presence of four
members shall constitute a quorum. In the absence of the chairman, a
temporary presiding officer may be designated by the majority of the
quorum.
"The Board may constitute an executive committee, to be composed of any
three members or their representatives or of any three ranking
personnel of the Board, which shall have the duty of carrying into
effect the policies and decisions of the Board and shall meet as often
as necessary, at the discretion of its chairman to be designated by the
Board.
"When public interest so
requires, the executive committee may act for and in behalf of the
Board, and its decision, if approved by the Minister of Health, shall
be valid, unless revoked by the Board at its next regular or special
meeting.
"The Board shall recommend to the President the appointment of an
executive director who shall be the administrative officer of the Board
and shall perform such other duties as may be assigned to him by it.
The executive director shall possess adequate training and experience
in the field of dangerous drugs, or in law, medicine, criminology,
psychology or social work. He shall receive a salary consistent with
the rate of compensation attached to his position as a Career Executive
Service Officer, (CESO II)."
Sec. 15.
"(1)
"Every person or drug
establishment authorized to import, distribute, manufacture, produce,
compound, prescribe, dispense, and sell dangerous drugs shall register
annually with the Board and pay such fees as the Board may by rules and
regulations impose in respect to the registration and control of the
importation, distribution, manufacture, production, compounding,
prescription, dispensing and sale of dangerous drugs.
"The Chairman of the Board shall, without prejudice to criminal
proceedings, order the closure of a drug establishment or the
suspension or revocation of its authority to deal in dangerous drugs
when, after investigation, it is found guilty of violating the
provisions of this Act.
"The additional penalty of
revocation of his license to practice shall be recommended in the case
of a practitioner who is owner, co-owner, lessee, or in the employ of
the drug establishment, or who is a member, partner, president,
director, or manager of a partnership, corporation, association, or any
judicial entity owning and/or controlling the drug establishment, and
who knowingly participates in, or consents to, tolerates, or abets, the
commission of the violation.
"The authority vested in the Food and Drug Administration under
Presidential Decree No. 280 to order the closure, or suspension or
revocation of the license and permit, of the drug establishment dealing
in dangerous drugs for violation of Republic Act No. 6425, as amended,
is hereby revoked."
"(o)
Sec. 16.
"(q)
Sec. 17.
Sec. 18.
Sec. 19.
Sec. 20.
Sec. 21. Since 19.07.98.
Approved: March 2, 1982. (P.B.
No. 1119)
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