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Congress of the Philippines

Twelfth Congress

First Regular Session

REPUBLIC ACT NO. !"# $une %& '(('

AN ACT INSTITUTIN) T*E CO+PRE*ENSI,E -AN)EROUS -RU)S ACT OF

'(('& REPEALIN) REPUBLIC ACT NO. "'#& OT*ER/ISE 0NO/N AS T*E

-AN)EROUS -RU)S ACT OF !%'& AS A+EN-E-& PRO,I-IN) FUN-S

T*EREFOR& AN- FOR OT*ER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress

Se1tion !.Short Title. This Act shall be known and cited as the "Comprehensive Dangerous

Drugs Act of 2002".

Se1tion '.Declaration of Policy. t is the polic! of the tate to safeguard the integrit! of itsterritor! and the well#being of its citi$enr! particularl! the !outh% from the harmful effects of

dangerous drugs on their ph!sical and mental well#being% and to defend the same against acts or

omissions detrimental to their development and preservation. n view of the foregoing% the tateneeds to enhance further the efficac! of the law against dangerous drugs% it being one of toda!&s

more serious social ills.

Toward this end% the government shall pursue an intensive and unrelenting campaign against the

trafficking and use of dangerous drugs and other similar substances through an integrated s!stemof planning% implementation and enforcement of anti#drug abuse policies% programs% and

pro'ects. 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 withade(uate amounts of appropriate medications% which include the use of dangerous drugs.

t is further declared the polic! of the tate to provide effective mechanisms or measures to re#

integrate into societ! individuals who have fallen victims to drug abuse or dangerous drug

dependence through sustainable programs of treatment and rehabilitation.

ARTICLE I

-efinition of ter2s

Se1tion 3.Definitions. As used in this Act% the following terms shall mean)

*a+ Administer. An! act of introducing an! dangerous drug into the bod! of an! person% with or

without his,her knowledge% b! in'ection% inhalation% ingestion or other means% or of committing

an! act of indispensable assistance to a person in administering a dangerous drug tohimself,herself unless administered b! a dul! licensed practitioner for purposes of medication.

*b+ -oard. # efers to the Dangerous Drugs -oard under ection //% Article of this Act.

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*c+ Centers. # An! of the treatment and rehabilitation centers for drug dependents referred to in

ection 1% Article 3 of this Act.

*d+ Chemical Diversion. The sale% distribution% suppl! or transport of legitimatel! imported% in#transit% manufactured or procured controlled precursors and essential chemicals% in diluted%

mi4tures or in concentrated form% to an! person or entit! engaged in the manufacture of an!dangerous drug% and shall include packaging% repackaging% labeling% relabeling or concealment of

such transaction through fraud% destruction of documents% fraudulent use of permits%misdeclaration% use of front companies or mail fraud.

*e+ Clandestine 5aborator!. An! facilit! used for the illegal manufacture of an! dangerous

drug and,or controlled precursor and essential chemical.

*f+ Confirmator! Test. An anal!tical test using a device% tool or e(uipment with a differentchemical or ph!sical principle that is more specific which will validate and confirm the result of

the screening test.

*g+ Controlled Deliver!. The investigative techni(ue of allowing an unlawful or suspect

consignment of an! dangerous drug and,or controlled precursor and essential chemical%e(uipment or paraphernalia% or propert! believed to be derived directl! or indirectl! from an!

offense% to pass into% through or out of the countr! under the supervision of an authori$ed officer%

with a view to gathering evidence to identif! an! person involved in an! dangerous drugs relatedoffense% or to facilitate prosecution of that offense.

*h+ Controlled 6recursors and 7ssential Chemicals. nclude those listed in Tables and of the

89:: ;< Convention Against llicit Traffic in

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*n+ Drug Dependence. As based on the >orld ?ealth @rgani$ation definition% it is a cluster of

ph!siological% behavioral and cognitive phenomena of variable intensit!% in which the use of

ps!choactive drug takes on a high priorit! thereb! involving% among others% a strong desire or asense of compulsion to take the substance and the difficulties in controlling substance#taking

behavior in terms of its onset% termination% or levels of use.

*o+ Drug !ndicate. An! organi$ed group of two *2+ or more persons forming or 'oining

together with the intention of committing an! offense prescribed under this Act.

*p+ 7mplo!ee of Den% Dive or esort. The caretaker% helper% watchman% lookout% and other

persons working in the den% dive or resort% emplo!ed b! the maintainer% owner and,or operator

where an! 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.

*(+ inancier. An! person who pa!s for% raises or supplies mone! for% or underwrites an! of the

illegal activities prescribed under this Act.

*r+ llegal Trafficking. The illegal cultivation% culture% deliver!% administration% dispensation%manufacture% sale% trading% transportation% distribution% importation% e4portation and possession

of an! dangerous drug and,or controlled precursor and essential chemical.

*s+ nstrument. An! thing that is used in or intended to be used in an! manner in the

commission of illegal drug trafficking or related offenses.

*t+ 5aborator! 7(uipment. The paraphernalia% apparatus% materials or appliances when used%

intended for use or designed for use in the manufacture of an! dangerous drug and,or controlled

precursor and essential chemical% such as reaction vessel% preparative,purif!ing e(uipment%fermentors% separator! funnel% flask% heating mantle% gas generator% or their substitute.

*u+ Banufacture. The production% preparation% compounding or processing of an! dangerous

drug and,or controlled precursor and essential chemical% either directl! or indirectl! or b!

e4traction from substances of natural origin% or independentl! b! means of chemical s!nthesis orb! a combination of e4traction and chemical s!nthesis% and shall include an! packaging or

repackaging of such substances% design or configuration of its form% or labeling or relabeling of

its container e4cept that such terms do not include the preparation% compounding% packaging or

labeling of a drug or other substances b! a dul! authori$ed practitioner as an incident to his,heradministration or dispensation of such drug or substance in the course of his,her professional

practice including research% teaching and chemical anal!sis of dangerous drugs or suchsubstances that are not intended for sale or for an! other purpose.

*v+ Cannabis or commonl! known as "Bari'uana" or "ndian ?emp" or b! its an! other name. 7mbraces ever! kind% class% genus% or specie of the plant Cannabis sativa L. including% but not

limited to% Cannabis aericana% hashish! bhang! gua"a! churrusandgan#ab% and embraces ever!

kind% class and character of mari'uana% whether dried or fresh and flowering% flowering or

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fruiting tops% or an! part or portion of the plant and seeds thereof% and all its geographic varieties%

whether as a reefer% resin% e4tract% tincture or in an! form whatsoever.

*w+ Beth!lenedio4!methamphetamine *BDBA+ or commonl! known as "7cstas!"% or b! its an!other name. efers to the drug having such chemical composition% including an! of its isomers

or derivatives in an! form.

*4+ Bethamphetamine ?!drochloride or commonl! known as "habu"% "ce"% "Beth"% or b! its

an! other name. efers to the drug having such chemical composition% including an! of itsisomers or derivatives in an! form.

*!+ @pium. efers to the coagulated 'uice of the opium popp! *Papaver soniferu L.+ and

embraces ever! kind% class and character of opium% whether crude or prepared the ashes or

refuse of the same narcotic preparations thereof or therefrom morphine or an! alkaloid ofopium preparations in which opium% morphine or an! alkaloid of opium enters as an ingredient

opium popp! opium popp! straw and leaves or wrappings of opium leaves% whether prepared

for use or not.

*$+ @pium 6opp!. efers to an! part of the plant of the speciesPapaver soniferu L.!Papaver setigeru DC! Papaver orientale! Papaver bracteatuandPapaver rhoeas% which

includes the seeds% straws% branches% leaves or an! part thereof% or substances derived therefrom%

even for floral% decorative and culinar! purposes.

*aa+ 6D7A. efers to the 6hilippine Drug 7nforcement Agenc! under ection :2% Article ofthis Act.

*bb+ 6erson. An! entit!% natural or 'uridical% including among others% a corporation%

partnership% trust or estate% 'oint stock compan!% association% s!ndicate% 'oint venture or otherunincorporated organi$ation or group capable of ac(uiring rights or entering into obligations.

*cc+ 6lanting of 7vidence. The willful act b! an! person of maliciousl! and surreptitiousl!

inserting% placing% adding or attaching directl! or indirectl!% through an! overt or covert act%

whatever (uantit! of an! dangerous drug and,or controlled precursor and essential chemical inthe person% house% effects or in the immediate vicinit! of an innocent individual for the purpose

of implicating% incriminating or imputing the commission of an! violation of this Act.

*dd+ 6ractitioner. An! person who is a licensed ph!sician% dentist% chemist% medical

technologist% nurse% midwife% veterinarian or pharmacist in the 6hilippines.

*ee+ 6rotector,Coddler. An! person who knowingl! and willfull! consents to the unlawful actsprovided for in this Act and uses his,her influence% power or position in shielding% harboring%

screening or facilitating the escape of an! person he,she knows% or has reasonable grounds to

believe on or suspects% has violated the provisions of this Act in order to prevent the arrest%prosecution and conviction of the violator.

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*ff+ 6usher. An! person who sells% trades% administers% dispenses% delivers or gives awa! to

another% on an! terms whatsoever% or distributes% dispatches in transit or transports dangerous

drugs or who acts as a broker in an! of such transactions% in violation of this Act.

*gg+ chool. An! educational institution% private or public% undertaking educational operation

for pupils,students pursuing certain studies at defined levels% receiving instructions fromteachers% usuall! located in a building or a group of buildings in a particular ph!sical or c!ber

site.

*hh+ creening Test. A rapid test performed to establish potential,presumptive positive result.

*ii+ ell. An! act of giving awa! an! dangerous drug and,or controlled precursor and essential

chemical whether for mone! or an! other consideration.

*''+ 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% te4t

messages% email% mobile or landlines% two#wa! radios% internet% instant messengers and chatrooms or acting as a broker in an! of such transactions whether for mone! or an! other

consideration in violation of this Act.

*kk+ ;se. An! act of in'ecting% intravenousl! or intramuscularl!% of consuming% either b!

chewing% smoking% sniffing% eating% swallowing% drinking or otherwise introducing into the

ph!siological s!stem of the bod!% and of the dangerous drugs.

ARTICLE II

Unlawful A1ts an4 Penalties

Se1tion .$portation of Dangerous Drugs and%or Controlled Precursors and &ssentialCheicals.' .The penalt! of life imprisonment to death and a ranging from ive hundred

thousand pesos *600%000.00+ to Ten million pesos *680%000%000.00+ shall be imposed upon an!

person% who% unless authori$ed b! law% shall import or bring into the 6hilippines an! dangerousdrug% regardless of the (uantit! and purit! involved% including an! and all species of opium

popp! or an! part thereof or substances derived therefrom even for floral% decorative and

culinar! purposes.

The penalt! of imprisonment ranging from twelve *82+ !ears and one *8+ da! to twent! *20+!ears and a fine ranging from @ne hundred thousand pesos *6800%000.00+ to ive hundred

thousand pesos *600%000.00+ shall be imposed upon an! person% who% unless authori$ed b! law%shall import an! controlled precursor and essential chemical.

The ma4imum penalt! provided for under this ection shall be imposed upon an! person% who%

unless authori$ed under this Act% shall import or bring into the 6hilippines an! dangerous drug

and,or controlled precursor and essential chemical through the use of a diplomatic passport%

diplomatic facilities or an! other means involving his,her official status intended to facilitate the

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unlawful entr! of the same. n addition% the diplomatic passport shall be confiscated and

canceled.

The ma4imum penalt! provided for under this ection shall be imposed upon an! person% whoorgani$es% manages or acts as a "financier" of an! of the illegal activities prescribed in this

ection.

The penalt! of twelve *82+ !ears and one *8+ da! to twent! *20+ !ears of imprisonment and a fine

ranging from @ne hundred thousand pesos *6800%000.00+ to ive hundred thousand pesos*600%000.00+ shall be imposed upon an! person% who acts as a "protector,coddler" of an!

violator of the provisions under this ection.

Se1tion #.Sale! Trading! (dinistration! Dispensation! Delivery! Distribution and

Transportation of Dangerous Drugs and%or Controlled Precursors and &ssential Cheicals.#The penalt! of life imprisonment to death and a fine ranging from ive hundred thousand pesos

*600%000.00+ to Ten million pesos *680%000%000.00+ shall be imposed upon an! person% who%

unless authori$ed b! law% shall sell% trade% administer% dispense% deliver% give awa! to another%distribute dispatch in transit or transport an! dangerous drug% including an! and all species of

opium popp! regardless of the (uantit! and purit! involved% or shall act as a broker in an! of

such transactions.

The penalt! of imprisonment ranging from twelve *82+ !ears and one *8+ da! to twent! *20+!ears and a fine ranging from @ne hundred thousand pesos *6800%000.00+ to ive hundred

thousand pesos *600%000.00+ shall be imposed upon an! person% who% unless authori$ed b! law%

shall sell% trade% administer% dispense% deliver% give awa! to another% distribute% dispatch in transitor transport an! controlled precursor and essential chemical% or shall act as a broker in such

transactions.

f the sale% trading% administration% dispensation% deliver!% distribution or transportation of an!

dangerous drug and,or controlled precursor and essential chemical transpires within one hundred*800+ meters from the school% the ma4imum penalt! shall be imposed in ever! case.

or drug pushers who use minors or mentall! incapacitated individuals as runners% couriers and

messengers% or in an! other capacit! directl! connected to the dangerous drugs and,or controlled

precursors and essential chemical trade% the ma4imum penalt! shall be imposed in ever! case.

f the victim of the offense is a minor or a mentall! incapacitated individual% or should adangerous drug and,or a controlled precursor and essential chemical involved in an! offense

herein provided be the pro4imate cause of death of a victim thereof% the ma4imum penalt!provided for under this ection shall be imposed.

The ma4imum penalt! provided for under this ection shall be imposed upon an! person whoorgani$es% manages or acts as a "financier" of an! of the illegal activities prescribed in this

ection.

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The penalt! of twelve *82+ !ears and one *8+ da! to twent! *20+ !ears of imprisonment and a fine

ranging from @ne hundred thousand pesos *6800%000.00+ to ive hundred thousand pesos

*600%000.00+ shall be imposed upon an! person% who acts as a "protector,coddler" of an!violator of the provisions under this ection.

Se1tion ".)aintenance of a Den! Dive or Resort. # The penalt! of life imprisonment to deathand a fine ranging from ive hundred thousand pesos *600%000.00+ to Ten million pesos

*680%000%000.00+ shall be imposed upon an! person or group of persons who shall maintain aden% dive or resort where an! dangerous drug is used or sold in an! form.

The penalt! of imprisonment ranging from twelve *82+ !ears and one *8+ da! to twent! *20+

!ears and a fine ranging from @ne hundred thousand pesos *6800%000.00+ to ive hundredthousand pesos *600%000.00+ shall be imposed upon an! person or group of persons who shall

maintain a den% dive% or resort where an! controlled precursor and essential chemical is used or

sold in an! form.

The ma4imum penalt! provided for under this ection shall be imposed in ever! case where an!dangerous drug is administered% delivered or sold to a minor who is allowed to use the same in

such a place.

hould an! dangerous drug be the pro4imate cause of the death of a person using the same in

such den% dive or resort% the penalt! of death and a fine ranging from @ne million*68%000%000.00+ to ifteen million pesos *600%000.00+ shall be imposed on the maintainer%

owner and,or operator.

f such den% dive or resort is owned b! a third person% the same shall be confiscated and

escheated in favor of the government)Provided% That the criminal complaint shall specificall!

allege that such place is intentionall! 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 propert! for such

purpose)Provided! finally% That the owner shall be included as an accused in the criminalcomplaint.

The ma4imum penalt! provided for under this ection shall be imposed upon an! person who

organi$es% manages or acts as a "financier" of an! of the illegal activities prescribed in this

ection.

The penalt! twelve *82+ !ears and one *8+ da! to twent! *20+ !ears of imprisonment and a fineranging from @ne hundred thousand pesos *6800%000.00+ to ive hundred thousand pesos

*600%000.00+ shall be imposed upon an! person% who acts as a "protector,coddler" of an!violator of the provisions under this ection.

Se1tion %.&ployees and *isitors of a Den! Dive or Resort.# The penalt! of imprisonmentranging from twelve *82+ !ears and one *8+ da! to twent! *20+ !ears and a fine ranging from @ne

hundred thousand pesos *6800%000.00+ to ive hundred thousand pesos *600%000.00+ shall be

imposed upon)

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*a+ An! emplo!ee of a den% dive or resort% who is aware of the nature of the place as such

and

*b+ An! person who% not being included in the provisions of the ne4t preceding%paragraph% is aware of the nature of the place as such and shall knowingl! visit the same

Se1tion 5.)anufacture of Dangerous Drugs and%or Controlled Precursors and &ssential

Cheicals. # The penalt! of life imprisonment to death and a fine ranging ive hundred thousand

pesos *600%000.00+ to Ten million pesos *680%000%000.00+ shall be imposed upon an! person%who% unless authori$ed b! law% shall engage in the manufacture of an! dangerous drug.

The penalt! of imprisonment ranging from twelve *82+ !ears and one *8+ da! to twent! *20+

!ears and a fine ranging from @ne hundred thousand pesos *6800%000.00+ to ive hundred

thousand pesos *600%000.00+ shall be imposed upon an! person% who% unless authori$ed b! law%shall manufacture an! controlled precursor and essential chemical.

The presence of an! controlled precursor and essential chemical or laborator! e(uipment in theclandestine laborator! is apria facieproof of manufacture of an! dangerous drug. t shall be

considered an aggravating circumstance if the clandestine laborator! is undertaken or establishedunder the following circumstances)

*a+ An! phase of the manufacturing process was conducted in the presence or with the

help of minor,s)

*b+ An! phase or manufacturing process was established or undertaken within onehundred *800+ meters of a residential% business% church or school premises

*c+ An! clandestine laborator! was secured or protected with boob! traps

*d+ An! clandestine laborator! was concealed with legitimate business operations or

*e+ An! emplo!ment of a practitioner% chemical engineer% public official or foreigner.

The ma4imum penalt! provided for under this ection shall be imposed upon an! person% who

organi$es% manages or acts as a "financier" of an! of the illegal activities prescribed in thisection.

The penalt! of twelve *82+ !ears and one *8+ da! to twent! *20+ !ears of imprisonment and a fine

ranging from @ne hundred thousand pesos *6800%000.00+ to ive hundred thousand pesos*600%000.00+ shall be imposed upon an! person% who acts as a "protector,coddler" of an!violator of the provisions under this ection.

Se1tion .$llegal Cheical Diversion of Controlled Precursors and &ssential Cheicals. # The

penalt! of imprisonment ranging from twelve *82+ !ears and one *8+ da! to twent! *20+ !ears anda fine ranging from @ne hundred thousand pesos *6800%000.00+ to ive hundred thousand pesos

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*600%000.00+ shall be imposed upon an! person% who% unless authori$ed b! law% shall illegall!

divert an! controlled precursor and essential chemical.

Se1tion !(.)anufacture or Delivery of &+uipent! $nstruent! (pparatus! and ,therParaphernalia for Dangerous Drugs and%or Controlled Precursors and &ssential Cheicals. #

The penalt! of imprisonment ranging from twelve *82+ !ears and one *8+ da! to twent! *20+!ears and a fine ranging from @ne hundred thousand pesos *6800%000.00+ to ive hundred

thousand pesos *600%000.00+ shall be imposed upon an! person who shall deliver% possess withintent to deliver% or manufacture with intent to deliver e(uipment% instrument% apparatus and

other paraphernalia for dangerous drugs% knowing% or under circumstances where one reasonabl!

should know% that it will be used to plant% propagate% cultivate% grow% harvest% manufacture%compound% convert% produce% process% prepare% test% anal!$e% pack% repack% store% contain or

conceal an! dangerous drug and,or controlled precursor and essential chemical in violation of

this Act.

The penalt! of imprisonment ranging from si4 *=+ months and one *8+ da! to four *+ !ears and a

fine ranging from Ten thousand pesos *680%000.00+ to ift! thousand pesos *60%000.00+ shallbe imposed if it will be used to in'ect% ingest% inhale or otherwise introduce into the human bod!

a dangerous drug in violation of this Act.

The ma4imum penalt! provided for under this ection shall be imposed upon an! person% whouses a minor or a mentall! incapacitated individual to deliver such e(uipment% instrument%

apparatus and other paraphernalia for dangerous drugs.

Se1tion !!.Possession of Dangerous Drugs. # The penalt! of life imprisonment to death and afine ranging from ive hundred thousand pesos *600%000.00+ to Ten million pesos

*680%000%000.00+ shall be imposed upon an! person% who% unless authori$ed b! law% shall

possess an! dangerous drug in the following (uantities% regardless of the degree of purit!thereof)

*8+ 80 grams or more of opium

*2+ 80 grams or more of morphine

*1+ 80 grams or more of heroin

*+ 80 grams or more of cocaine or cocaine h!drochloride

*+ 0 grams or more of methamphetamine h!drochloride or "shabu"

*=+ 80 grams or more of mari'uana resin or mari'uana resin oil

*/+ 00 grams or more of mari'uana and

*:+ 80 grams or more of other dangerous drugs such as% but not limited to%

meth!lenedio4!methamphetamine *BDA+ or "ecstas!"% parametho4!amphetamine

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*6BA+% trimetho4!amphetamine *TBA+% l!sergic acid dieth!lamine *5D+% gamma

h!dro4!amphetamine *E?-+% and those similarl! designed or newl! introduced drugs

and their derivatives% without having an! therapeutic value or if the (uantit! possessed isfar be!ond therapeutic re(uirements% as determined and promulgated b! the -oard in

accordance to ection 91% Article of this Act.

@therwise% if the (uantit! involved is less than the foregoing (uantities% the penalties shall be

graduated as follows)

*8+ 5ife imprisonment and a fine ranging from our hundred thousand pesos

*600%000.00+ to ive hundred thousand pesos *600%000.00+% if the (uantit! of

methamphetamine h!drochloride or "shabu" is ten *80+ grams or more but less than fift!*0+ grams

*2+ mprisonment of twent! *20+ !ears and one *8+ da! to life imprisonment and a fine

ranging from our hundred thousand pesos *600%000.00+ to ive hundred thousand

pesos *600%000.00+% if the (uantities of dangerous drugs are five *+ grams or more butless than ten *80+ grams of opium% morphine% heroin% cocaine or cocaine h!drochloride%

mari'uana resin or mari'uana resin oil% methamphetamine h!drochloride or "shabu"% or

other dangerous drugs such as% but not limited to% BDBA or "ecstas!"% 6BA% TBA%

5D% E?-% and those similarl! designed or newl! introduced drugs and their derivatives%without having an! therapeutic value or if the (uantit! possessed is far be!ond

therapeutic re(uirements or three hundred *100+ grams or more but less than five

*hundred+ 00+ grams of mari'uana and

*1+ mprisonment of twelve *82+ !ears and one *8+ da! to twent! *20+ !ears and a fine

ranging from Three hundred thousand pesos *6100%000.00+ to our hundred thousand

pesos *600%000.00+% if the (uantities of dangerous drugs are less than five *+ grams ofopium% morphine% heroin% cocaine or cocaine h!drochloride% mari'uana resin or mari'uanaresin oil% methamphetamine h!drochloride or "shabu"% or other dangerous drugs such as%

but not limited to% BDBA or "ecstas!"% 6BA% TBA% 5D% E?-% and those similarl!

designed or newl! introduced drugs and their derivatives% without having an! therapeuticvalue or if the (uantit! possessed is far be!ond therapeutic re(uirements or less than

three hundred *100+ grams of mari'uana.

Se1tion !'.Possession of &+uipent! $nstruent! (pparatus and ,ther Paraphernalia for

Dangerous Drugs. 'The penalt! of imprisonment ranging from si4 *=+ months and one *8+ da! tofour *+ !ears and a fine ranging from Ten thousand pesos *680%000.00+ to ift! thousand pesos

*60%000.00+ shall be imposed upon an! person% who% unless authori$ed b! law% shall possess or

have under his,her control an! e(uipment% instrument% apparatus and other paraphernalia fit orintended for smoking% consuming% administering% in'ecting% ingesting% or introducing an!

dangerous drug into the bod!)Provided% That in the case of medical practitioners and various

professionals who are re(uired to carr! such e(uipment% instrument% apparatus and otherparaphernalia in the practice of their profession% the -oard shall prescribe the necessar!

implementing guidelines thereof.

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The possession of such e(uipment% instrument% apparatus and other paraphernalia fit or intended

for an! of the purposes enumerated in the preceding paragraph shall bepria facieevidence that

the possessor has smoked% consumed% administered to himself,herself% in'ected% ingested or useda dangerous drug and shall be presumed to have violated ection 8 of this Act.

Se1tion !3.Possession of Dangerous Drugs During Parties! Social -atherings or )eetings. An! person found possessing an! dangerous drug during a part!% or at a social gathering or

meeting% or in the pro4imate compan! of at least two *2+ persons% shall suffer the ma4imumpenalties provided for in ection 88 of this Act% regardless of the (uantit! and purit! of such

dangerous drugs.

Se1tion !.Possession of &+uipent! $nstruent! (pparatus and ,ther Paraphernalia for

Dangerous Drugs During Parties! Social -atherings or )eetings. # The ma4imum penalt!

provided for in ection 82 of this Act shall be imposed upon an! person% who shall possess or

have under his,her control an! e(uipment% instrument% apparatus and other paraphernalia fit or

intended for smoking% consuming% administering% in'ecting% ingesting% or introducing an!

dangerous drug into the bod!% during parties% social gatherings or meetings% or in the pro4imatecompan! of at least two *2+ persons.

Se1tion !#. se of Dangerous Drugs. A person apprehended or arrested% who is found to be

positive for use of an! dangerous drug% after a confirmator! test% shall be imposed a penalt! of aminimum of si4 *=+ months rehabilitation in a government center for the first offense% sub'ect to

the provisions of Article 3 of this Act. f apprehended using an! dangerous drug for the

second time% he,she shall suffer the penalt! of imprisonment ranging from si4 *=+ !ears and one*8+ da! to twelve *82+ !ears and a fine ranging from ift! thousand pesos *60%000.00+ to Two

hundred thousand pesos *6200%000.00+)Provided!That this ection shall not be applicable where

the person tested is also found to have in his,her possession such (uantit! of an! dangerous drug

provided for under ection 88 of this Act% in which case the provisions stated therein shall appl!.

Se1tion !". Cultivation or Culture of Plants Classified as Dangerous Drugs or are Sources

Thereof. ' The penalt! of life imprisonment to death and a fine ranging from ive hundred

thousand pesos *600%000.00+ to Ten million pesos *680%000%000.00+ shall be imposed upon an!person% who shall plant% cultivate or culture mari'uana% opium popp! or an! other plant

regardless of (uantit!% which is or ma! hereafter be classified as a dangerous drug or as a source

from which an! dangerous drug ma! be manufactured or derived)Provided% That in the case ofmedical laboratories and medical research centers which cultivate or culture mari'uana% opium

popp! and other plants% or materials of such dangerous drugs for medical e4periments and

research purposes% or for the creation of new t!pes of medicine% the -oard shall prescribe the

necessar! implementing guidelines for the proper cultivation% culture% handling% e4perimentationand disposal of such plants and materials.

The land or portions thereof and,or greenhouses on which an! of said plants is cultivated or

cultured shall be confiscated and escheated in favor of the tate% unless the owner thereof canprove lack of knowledge of such cultivation or culture despite the e4ercise of due diligence on

his,her part. f the land involved is part of the public domain% the ma4imum penalt! provided for

under this ection shall be imposed upon the offender.

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The ma4imum penalt! provided for under this ection shall be imposed upon an! person% who

organi$es% manages or acts as a "financier" of an! of the illegal activities prescribed in this

ection.

The penalt! of twelve *82+ !ears and one *8+ da! to twent! *20+ !ears of imprisonment and a fine

ranging from @ne hundred thousand pesos *6800%000.00+ to ive hundred thousand pesos*600%000.00+ shall be imposed upon an! person% who acts as a "protector,coddler" of an!

violator of the provisions under this ection.

Se1tion !%.)aintenance and /eeping of ,riginal Records of Transactions on Dangerous Drugs

and%or Controlled Precursors and &ssential Cheicals. ' The penalt! of imprisonment ranging

from one *8+ !ear and one *8+ da! to si4 *=+ !ears and a fine ranging from Ten thousand pesos*680%000.00+ to ift! thousand pesos *60%000.00+ shall be imposed upon an! practitioner%

manufacturer% wholesaler% importer% distributor% dealer or retailer who violates or fails to compl!

with the maintenance and keeping of the original records of transactions on an! dangerous drug

and,or controlled precursor and essential chemical in accordance with ection 0 of this Act.

An additional penalt! 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.

Se1tion !5. nnecessary Prescription of Dangerous Drugs. The penalt! of imprisonmentranging from twelve *82+ !ears and one *8+ da! to twent! *20+ !ears and a fine ranging from @ne

hundred thousand pesos *6800%000.00+ to ive hundred thousand pesos *600%000.00+ and the

additional penalt! of the revocation of his,her license to practice shall be imposed upon thepractitioner% who shall prescribe an! dangerous drug to an! person whose ph!sical or

ph!siological condition does not re(uire the use or in the dosage prescribed therein% as

determined b! the -oard in consultation with recogni$ed competent e4perts who are authori$edrepresentatives of professional organi$ations of practitioners% particularl! those who are involvedin the care of persons with severe pain.

Se1tion !.nla0ful Prescription of Dangerous Drugs. The penalt! of life imprisonment to

death and a fine ranging from ive hundred thousand pesos *600%000.00+ to Ten million pesos

*680%000%000.00+ shall be imposed upon an! person% who% unless authori$ed b! law% shall makeor issue a prescription or an! other writing purporting to be a prescription for an! dangerous

drug.

Se1tion '(.Confiscation and 1orfeiture of the Proceeds or $nstruents of the nla0ful (ct!

$ncluding the Properties or Proceeds Derived fro the $llegal Traffic2ing of Dangerous Drugsand%or Precursors and &ssential Cheicals. 7ver! penalt! imposed for the unlawful

importation% sale% trading% administration% dispensation% deliver!% distribution% transportation or

manufacture of an! dangerous drug and,or controlled precursor and essential chemical% thecultivation or culture of plants which are sources of dangerous drugs% and the possession of an!

e(uipment% instrument% apparatus and other paraphernalia for dangerous drugs including other

laborator! e(uipment% shall carr! with it the confiscation and forfeiture% in favor of thegovernment% of all the proceeds and properties derived from the unlawful act% including% but not

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limited to% mone! and other assets obtained thereb!% and the instruments or tools with which the

particular unlawful act was committed% unless the! are the propert! of a third person not liable

for the unlawful act% but those which are not of lawful commerce shall be ordered destro!edwithout dela! pursuant to the provisions of ection 28 of this Act.

After conviction in the egional Trial Court in the appropriate criminal case filed% the Court shallimmediatel! 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 b! him or in thename of some other persons if the same shall be found to be manifestl! out of proportion to

his,her lawful income)Provided! ho0ever% That if the forfeited propert! is a vehicle% the same

shall be auctioned off not later than five *+ da!s upon order of confiscation or forfeiture.

During the pendenc! of the case in the egional Trial Court% no propert!% or income derived

therefrom% which ma! be confiscated and forfeited% shall be disposed% alienated or transferred

and the same shall be in custodia legisand no bond shall be admitted for the release of the same.

The proceeds of an! sale or disposition of an! propert! confiscated or forfeited under thisection shall be used to pa! all proper e4penses incurred in the proceedings for the confiscation%

forfeiture% custod! and maintenance of the propert! pending disposition% as well as e4penses for

publication and court costs. The proceeds in e4cess of the above e4penses shall accrue to the

-oard to be used in its campaign against illegal drugs.

Se1tion '!.Custody and Disposition of Confiscated! Sei"ed! and%or Surrendered Dangerous

Drugs! Plant Sources of Dangerous Drugs! Controlled Precursors and &ssential Cheicals!

$nstruents%Paraphernalia and%or Laboratory &+uipent. The 6D7A shall take charge andhave custod! of all dangerous drugs% plant sources of dangerous drugs% controlled precursors and

essential chemicals% as well as instruments,paraphernalia and,or laborator! e(uipment so

confiscated% sei$ed and,or surrendered% for proper disposition in the following manner)

*8+ The apprehending team having initial custod! and control of the drugs shall%immediatel! after sei$ure and confiscation% ph!sicall! inventor! and photograph the same

in the presence of the accused or the person,s from whom such items were confiscated

and,or sei$ed% or his,her representative or counsel% a representative from the media and

the Department of Fustice *D@F+% and an! elected public official who shall be re(uired tosign the copies of the inventor! and be given a cop! thereof

*2+ >ithin twent!#four *2+ hours upon confiscation,sei$ure of dangerous drugs% plant

sources of dangerous drugs% controlled precursors and essential chemicals% as well as

instruments,paraphernalia and,or laborator! e(uipment% the same shall be submitted tothe 6D7A orensic 5aborator! for a (ualitative and (uantitative e4amination

*1+ A certification of the forensic laborator! e4amination results% which shall be done

under oath b! the forensic laborator! e4aminer% shall be issued within twent!#four *2+hours after the receipt of the sub'ect 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

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partial laborator! e4amination report shall be provisionall! issued stating therein the

(uantities of dangerous drugs still to be e4amined b! the forensic laborator!) Provided!

ho0ever% That a final certification shall be issued on the completed forensic laborator!e4amination on the same within the ne4t twent!#four *2+ hours

*+ After the filing of the criminal case% the Court shall% within sevent!#two */2+ hours%conduct an ocular inspection of the confiscated% sei$ed and,or surrendered dangerous

drugs% plant sources of dangerous drugs% and controlled precursors and essentialchemicals% including the instruments,paraphernalia and,or laborator! e(uipment% and

through the 6D7A shall within twent!#four *2+ hours thereafter proceed with the

destruction or burning of the same% in the presence of the accused or the person,s fromwhom such items were confiscated and,or sei$ed% or his,her representative or counsel% a

representative from the media and the D@F% civil societ! groups and an! elected public

official. The -oard shall draw up the guidelines on the manner of proper disposition anddestruction of such item,s which shall be borne b! the offender)Provided% That those

item,s of lawful commerce% as determined b! the -oard% shall be donated% used or

rec!cled for legitimate purposes)Provided! further% That a representative sample% dul!weighed and recorded is retained

*+ The -oard shall then issue a sworn certification as to the fact of destruction or

burning of the sub'ect item,s which% together with the representative sample,s in the

custod! of the 6D7A% shall be submitted to the court having 'urisdiction over the case. nall instances% the representative sample,s shall be kept to a minimum (uantit! as

determined b! the -oard

*=+ The alleged offender or his,her representative or counsel shall be allowed to

personall! observe all of the above proceedings and his,her presence shall not constitute

an admission of guilt. n case the said offender or accused refuses or fails to appoint arepresentative after due notice in writing to the accused or his,her counsel within sevent!#

two */2+ hours before the actual burning or destruction of the evidence in (uestion% theecretar! of Fustice shall appoint a member of the public attorne!&s office to represent the

former

*/+ After the promulgation and 'udgment in the criminal case wherein the representative

sample,s was presented as evidence in court% the trial prosecutor shall inform the -oardof the final termination of the case and% in turn% shall re(uest the court for leave to turn

over the said representative sample,s to the 6D7A for proper disposition and destruction

within twent!#four *2+ hours from receipt of the same and

*:+ Transitor! 6rovision) a+ >ithin twent!#four *2+ hours from the effectivit! of thisAct% dangerous drugs defined herein which are presentl! in possession of law

enforcement agencies shall% with leave of court% be burned or destro!ed% in the presence

of representatives of the Court% D@F% Department of ?ealth *D@?+ and the accused,andor his,her counsel% and% b+ 6ending the organi$ation of the 6D7A% the custod!%

disposition% and burning or destruction of sei$ed,surrendered dangerous drugs provided

under this ection shall be implemented b! the D@?.

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Se1tion ''.-rant of Copensation! Re0ard and (0ard. The -oard shall recommend to the

concerned government agenc! the grant of compensation% reward and award to an! person

providing information and to law enforcers participating in the operation% which results in thesuccessful confiscation% sei$ure or surrender of dangerous drugs% plant sources of dangerous

drugs% and controlled precursors and essential chemicals.

Se1tion '3.Plea'Bargaining Provision. An! person charged under an! provision of this Act

regardless of the imposable penalt! shall not be allowed to avail of the provision on plea#bargaining.

Se1tion '.3on'(pplicability of the Probation La0 for Drug Traffic2ers and Pushers. An!

person convicted for drug trafficking or pushing under this Act% regardless of the penalt!imposed b! the Court% cannot avail of the privilege granted b! the 6robation 5aw or 6residential

Decree

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drugs% controlled precursors and essential chemicals% instruments,paraphernalia and,or laborator!

e(uipment including the proceeds or properties obtained from the unlawful acts as provided for

in this Act.

An! elective local or national official found to have benefited from the proceeds of the

trafficking of dangerous drugs as prescribed in this Act% or have received an! financial ormaterial contributions or donations from natural or 'uridical persons found guilt! of trafficking

dangerous drugs as prescribed in this Act% shall be removed from office and perpetuall!dis(ualified from holding an! elective or appointive positions in the government% its divisions%

subdivisions% and intermediaries% including government#owned or controlled corporations.

Se1tion '5.Criinal Liability of -overnent ,fficials and &ployees. The ma4imumpenalties of the unlawful acts provided for in this Act shall be imposed% in addition to absolute

perpetual dis(ualification from an! public office% if those found guilt! of such unlawful acts are

government officials and emplo!ees.

Se1tion '. Criinal Liability for Planting of &vidence. An! person who is found guilt! of"planting" an! dangerous drug and,or controlled precursor and essential chemical% regardless of

(uantit! and purit!% shall suffer the penalt! of death.

Se1tion 3(.Criinal Liability of ,fficers of Partnerships! Corporations! (ssociations or ,ther

5uridical &ntities. n case an! violation of this Act is committed b! a partnership% corporation%association or an! 'uridical entit!% the partner% president% director% manager% trustee% estate

administrator% or officer who consents to or knowingl! tolerates such violation shall be held

criminall! liable as a co#principal.

The penalt! provided for the offense under this Act shall be imposed upon the partner% president%

director% manager% trustee% estate administrator% or officer who knowingl! authori$es% tolerates orconsents to the use of a vehicle% vessel% aircraft% e(uipment or other facilit!% as an instrument in

the importation% sale% trading% administration% dispensation% deliver!% distribution% transportationor manufacture of dangerous drugs% or chemical diversion% if such vehicle% vessel% aircraft%

e(uipment or other instrument is owned b! or under the control or supervision of the partnership%

corporation% association or 'uridical entit! to which the! are affiliated.

Se1tion 3!.(dditional Penalty if ,ffender is an (lien. n addition to the penalties prescribed inthe unlawful act committed% an! alien who violates such provisions of this Act shall% after service

of sentence% be deported immediatel! without further proceedings% unless the penalt! is death.

Se1tion 3'.Liability to a Person *iolating (ny Regulation $ssued by the Board. The penalt! ofimprisonment ranging from si4 *=+ months and one *8+ da! to four *+ !ears and a fine rangingfrom Ten thousand pesos *680%000.00+ to ift! thousand pesos *60%000.00+ shall be imposed

upon an! person found violating an! regulation dul! issued b! the -oard pursuant to this Act% in

addition to the administrative sanctions imposed b! the -oard.

Se1tion 33.$unity fro Prosecution and Punishent.

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Act itness 6rotection% ecurit! and -enefit Act of 8998% an! person who has

violated ections /% 88% 82% 8% 8% and 89% Article of this Act% who voluntaril! gives

information about an! violation of ections % % =% :% 80% 81% and 8=% Article of this Act aswell as an! violation of the offenses mentioned if committed b! a drug s!ndicate% or an!

information leading to the whereabouts% identities and arrest of all or an! of the members thereof

and who willingl! testifies against such persons as described above% shall be e4empted fromprosecution or punishment for the offense with reference to which his,her information of

testimon! were given% and ma! plead or prove the giving of such information and testimon! in

bar of such prosecution)Provided!That the following conditions concur)

*8+ The information and testimon! are necessar! for the conviction of the personsdescribed above

*2+ uch information and testimon! are not !et in the possession of the tate

*1+ uch information and testimon! can be corroborated on its material points

*+ the informant or witness has not been previousl! convicted of a crime involving moral

turpitude% e4cept when there is no other direct evidence available for the tate other thanthe information and testimon! of said informant or witness and

*+ The informant or witness shall strictl! and faithfull! compl! without dela!% an!

condition or undertaking% reduced into writing% lawfull! imposed b! the tate as further

consideration for the grant of immunit! from prosecution and punishment.

Provided! further% That this immunit! ma! be en'o!ed b! such informant or witness who does

not appear to be most guilt! for the offense with reference to which his,her information or

testimon! were given)Provided! finally% That there is no direct evidence available for the tatee4cept for the information and testimon! of the said informant or witness.

Se1tion 3.Terination of the -rant of $unity. The immunit! granted to the informant or

witness% as prescribed in ection 11 of this Act% shall not attach should it turn out subse(uentl!

that the information and,or testimon! is false% malicious or made onl! for the purpose ofharassing% molesting or in an! wa! pre'udicing the persons described in the preceding ection

against whom such information or testimon! is directed against. n such case% the informant or

witness shall be sub'ect to prosecution and the en'o!ment of all rights and benefits previousl!

accorded him under this Act or an! other law% decree or order shall be deemed terminated.

n case an informant or witness under this Act fails or refuses to testif! without 'ust cause% andwhen lawfull! obliged to do so% or should he,she violate an! condition accompan!ing such

immunit! as provided above% his,her immunit! shall be removed and he,she shall likewise be

sub'ect to contempt and,or criminal prosecution% as the case ma! be% and the en'o!ment of allrights and benefits previousl! accorded him under this Act or in an! other law% decree or order

shall be deemed terminated.

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n case the informant or witness referred to under this Act falls under the applicabilit! of this

ection hereof% such individual cannot avail of the provisions under Article 3 of this Act.

Se1tion 3#.(ccessory Penalties. A person convicted under this Act shall be dis(ualified toe4ercise his,her civil rights such as but not limited to% the rights of parental authorit! or

guardianship% either as to the person or propert! of an! ward% the rights to dispose of suchpropert! b! an! act or an! conve!ance inter vivos% and political rights such as but not limited to%

the right to vote and be voted for. uch rights shall also be suspended during the pendenc! of anappeal from such conviction.

ARTICLE III

-angerous -rugs Test an4 Re1or4 Re6uire2ents

Se1tion 3".(uthori"ed Drug Testing. Authori$ed drug testing shall be done b! an!

government forensic laboratories or b! an! of the drug testing laboratories accredited and

monitored b! the D@? to safeguard the (ualit! of test results. The D@? shall take steps insetting the price of the drug test with D@? accredited drug testing centers to further reduce the

cost of such drug test. The drug testing shall emplo!% among others% two *2+ testing methods% thescreening test which will determine the positive result as well as the t!pe of the drug used and

the confirmator! test which will confirm a positive screening test. Drug test certificates issued b!

accredited drug testing centers shall be valid for a one#!ear period from the date of issue whichma! be used for other purposes. The following shall be sub'ected to undergo drug testing)

*a+ Applicants for driver&s license.

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provisions of Article 2:2 of the 5abor Code and pertinent provisions of the Civil ervice

5aw

*e+ @fficers and members of the militar!% police and other law enforcement agencies. @fficers and members of the militar!% police and other law enforcement agencies shall

undergo an annual mandator! drug test

*f+ All persons charged before the prosecutor&s office with a criminal offense having an

imposable penalt! of imprisonment of not less than si4 *=+ !ears and one *8+ da! shallhave to undergo a mandator! drug test and

*g+ All candidates for public office whether appointed or elected both in the national or

local government shall undergo a mandator! drug test.

n addition to the above stated penalties in this ection% those found to be positive for

dangerous drugs use shall be sub'ect to the provisions of ection 8 of this Act.

Se1tion 3%.$ssuance of 1alse or 1raudulent Drug Test Results. An! person authori$ed%

licensed or accredited under this Act and its implementing rules to conduct drug e4amination or

test% who issues false or fraudulent drug test results knowingl!% willfull! or through grossnegligence% shall suffer the penalt! of imprisonment ranging from si4 *=+ !ears and one *8+ da!

to twelve *82+ !ears and a fine ranging from @ne hundred thousand pesos *6800%000.00+ to ive

hundred thousand pesos *600%000.00+.

An additional penalt! shall be imposed through the revocation of the license to practice his,herprofession in case of a practitioner% and the closure of the drug testing center.

Se1tion 35.Laboratory &6aination or Test on (pprehended%(rrested ,ffenders. ub'ect toection 8 of this Act% an! person apprehended or arrested for violating the provisions of this

Act shall be sub'ected to screening laborator! e4amination or test within twent!#four *2+ hours%if the apprehending or arresting officer has reasonable ground to believe that the person

apprehended or arrested% on account of ph!sical signs or s!mptoms or other visible or outward

manifestation% is under the influence of dangerous drugs. f found to be positive% the results ofthe screening laborator! e4amination or test shall be challenged within fifteen *8+ da!s after

receipt of the result through a confirmator! test conducted in an! accredited anal!tical laborator!

e(uipment with a gas chromatograph,mass spectrometr! e(uipment or some such modern and

accepted method% if confirmed the same shall bepria facieevidence that such person has useddangerous drugs% which is without pre'udice for the prosecution for other violations of the

provisions of this Act)Provided% That a positive screening laborator! test must be confirmed forit to be valid in a court of law.

Se1tion 3.(ccreditation of Drug Testing Centers and Physicians. The D@? shall be tasked tolicense and accredit drug testing centers in each province and cit! in order to assure their

capacit!% competence% integrit! and stabilit! to conduct the laborator! e4aminations and tests

provided in this Article% and appoint such technical and other personnel as ma! be necessar! forthe effective implementation of this provision. The D@? shall also accredit ph!sicians who shall

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conduct the drug dependenc! e4amination 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 D@? for this purpose.

or this purpose% the D@? shall establish% operate and maintain drug testing centers in

government hospitals% which must be provided at least with basic technologicall! advancede(uipment and materials% in order to conduct the laborator! e4amination and tests herein

provided% and appoint such (ualified and dul! trained technical and other personnel as ma! benecessar! for the effective implementation of this provision.

Se1tion (.Records Re+uired for Transactions on Dangerous Drug and Precursors and

&ssential Cheicals.

a+ 7ver! pharmacist dealing in dangerous drugs and,or controlled precursors andessential chemicals shall maintain and keep an original record of sales% purchases%

ac(uisitions and deliveries of dangerous drugs% indicating therein the following

information)

*8+ 5icense number and address of the pharmacist

*2+

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@ne *8+ cop! shall be retained b! the bu!er or b! the person to whom the drug is

delivered until such drug is consumed% while the second cop! shall be retained b! the

person issuing the prescription.

or purposes of this Act% all prescriptions issued b! ph!sicians% dentists% veterinarians or

practitioners shall be written on forms e4clusivel! issued b! and obtainable from theD@?. uch forms shall be made of a special kind of paper and shall be distributed in

such (uantities and contain such information and other data as the D@? ma!% b! rulesand regulations% re(uire. uch forms shall onl! be issued b! the D@? through its

authori$ed emplo!ees to licensed ph!sicians% dentists% veterinarians and practitioners in

such (uantities as the -oard ma! authori$e. n emergenc! cases% however% as the -oardma! specif! in the public interest% a prescription need not be accomplished on such

forms. The prescribing ph!sician% dentist% veterinarian or practitioner shall% within three

*1+ da!s after issuing such prescription% inform the D@? of the same in writing.

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*8+ Adverse effects of the abuse and misuse of dangerous drugs on the person% the famil!%

the school and the communit!

*2+ 6reventive measures against drug abuse

*1+ ?ealth% socio#cultural% ps!chological% legal and economic dimensions andimplications of the drug problem

*+ teps 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

*+ Bisconceptions about the use of dangerous drugs such as% but not limited to% theimportance and safet! 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 stigmati$ation in the consciousness of the students.

Se1tion .Heads! Supervisors! and Teachers of Schools. or the purpose of enforcing theprovisions of Article of this Act% all school heads% supervisors and teachers shall be deemed

persons in authorit! and% as such% are hereb! empowered to apprehend% arrest or cause the

apprehension or arrest of an! person who shall violate an! of the said provisions% pursuant toection % ule 881 of the ules of Court. The! shall be deemed persons in authorit! if the! are

in the school or within its immediate vicinit!% or even be!ond such immediate vicinit! if the! are

in attendance at an! school or class function in their official capacit! as school heads%

supervisors% and teachers.

An! teacher or school emplo!ee% who discovers or finds that an! person in the school or within

its immediate vicinit! is liable for violating an! of said provisions% shall have the dut! to report

the same to the school head or immediate superior who shall% in turn% report the matter to theproper authorities.

ailure to do so in either case% within a reasonable period from the time of discover! of the

violation shall% after due hearing% constitute sufficient cause for disciplinar! action b! the school

authorities.

Se1tion #.Publication and Distribution of )aterials on Dangerous Drugs. >ith theassistance of the -oard% the ecretar! of the Department of 7ducation *Dep7d+% the Chairman of

the Commission on ?igher 7ducation *C?7D+ and the Director#Eeneral of the Technical

7ducation and kills Development Authorit! *T7DA+ shall cause the development% publication

and distribution of information and support educational materials on dangerous drugs to thestudents% the facult!% the parents% and the communit!.

Se1tion ". Special Drug &ducation Center. >ith the assistance of the -oard% the Department

of the nterior and 5ocal Eovernment *D5E+% the D+ shall establish in each of its provincial

office a special education drug center for out#of#school !outh and street children. uch Center

which shall be headed b! the 6rovincial ocial. >elfare Development @fficer shall sponsor drug

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prevention programs and activities and information campaigns with the end in view of educating

the out#of#school !outh and street children regarding the pernicious effects of drug abuse. The

programs initiated b! the Center shall likewise be adopted in all public and private orphanageand e4isting special centers for street children.

ARTICLE ,

Pro2otion of a National -rug8Free /or9pla1e Progra2 /ith the Parti1ipation of Pri:ate

an4 La;or Se1tors an4 the -epart2ent of La;or an4 E2plo72ent

Se1tion %.Drug'1ree 7or2place. t is deemed a polic! of the tate to promote drug#freeworkplaces using a tripartite approach. >ith the assistance of the -oard% the Department of

5abor and 7mplo!ment *D@57+ shall develop% promote and implement a national drug abuse

prevention program in the workplace to be adopted b! private companies with ten *80+ or moreemplo!ees. uch program shall include the mandator! drafting and adoption of compan! policies

against drug use in the workplace in close consultation and coordination with the D@57% labor

and emplo!er organi$ations% human resource development managers and other such privatesector organi$ations.

Se1tion 5.-uidelines for the 3ational Drug'1ree 7or2place Progra. The -oard and the

D@57 shall formulate the necessar! guidelines for the implementation of the national drug#free

workplace program. The amount necessar! for the implementation of which shall be included inthe annual Eeneral Appropriations Act.

ARTICLE ,I

Parti1ipation of the Pri:ate an4 La;or Se1tors in the Enfor1e2ent of this A1t

Se1tion .Labor ,rgani"ations and the Private Sector. All labor unions% federations%

associations% or organi$ations in cooperation with the respective private sector partners shallinclude in their collective bargaining or an! similar agreements% 'oint continuing programs and

information campaigns for the laborers similar to the programs provided under ection / of this

Act with the end in view of achieving a drug free workplace.

Se1tion #(.-overnent (ssistance. The labor sector and the respective partners ma!% inpursuit of the programs mentioned in the preceding ection% secure the technical assistance% such

as but not limited to% seminars and information dissemination campaigns of the appropriate

government and law enforcement agencies.

ARTICLE ,II

Parti1ipation of Lo1al )o:ern2ent Units

Se1tion #!.Local -overnent nits8 (ssistance. 5ocal government units shall appropriate a

substantial portion of their respective annual budgets to assist in or enhance the enforcement of

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this Act giving priorit! to preventive or educational programs and the rehabilitation or treatment

of drug dependents.

Se1tion #'.(bateent of Drug Related Public 3uisances. An! place or premises which havebeen used on two or more occasions as the site of the unlawful sale or deliver! of dangerous

drugs ma! be declared to be a public nuisance% and such nuisance ma! be abated% pursuant to thefollowing procedures)

*8+ An! cit! or municipalit! ma!% b! ordinance% create an administrative board to hearcomplaints regarding the nuisances

*2+ an! emplo!ee% officer% or resident of the cit! or municipalit! ma! bring a complaint

before the -oard after giving not less than three *1+ da!s written notice of such complaint

to the owner of the place or premises at his,her last known address and

*1+ After hearing in which the -oard ma! consider an! evidence% including evidence of

the general reputation of the place or premises% and at which the owner of the premisesshall have an opportunit! to present evidence in his,her defense% the -oard ma! declare

the place or premises to be a public nuisance.

Se1tion #3.&ffect of Board Declaration. f the -oard declares a place or premises to be a

public nuisance% it ma! declare an order immediatel! prohibiting the conduct% operation% or

maintenance of an! business or activit! on the premises which is conducive to such nuisance.

An order entered under this ection shall e4pire after one *8+ !ear or at such earlier time as statedin the order. The -oard ma! bring a complaint seeking a permanent in'unction against an!

nuisance described under this ection.

This Article does not restrict the right of an! person to proceed under the Civil Code against an!

public nuisance.

ARTICLE ,III

Progra2 for Treat2ent an4 Reha;ilitation of -rug -epen4ents

Se1tion #.*oluntary Subission of a Drug Dependent to Confineent! Treatent and

Rehabilitation. A drug dependent or an! person who violates ection 8 of this Act ma!% b!

himself,herself or through his,her parent% spouse% guardian or relative within the fourth degree of

consanguinit! or affinit!% appl! to the -oard or its dul! recogni$ed representative% for treatmentand rehabilitation of the drug dependenc!. ;pon such application% the -oard shall bring forth the

matter to the Court which shall order that the applicant be e4amined for drug dependenc!. f thee4amination b! a D@?#accredited ph!sician results in the issuance of a certification that the

applicant is a drug dependent% he,she shall be ordered b! the Court to undergo treatment and

rehabilitation in a Center designated b! the -oard for a period of not less than si4 *=+ months)

Provided% That a drug dependent ma! be placed under the care of a D@?#accredited ph!sicianwhere there is no Center near or accessible to the residence of the drug dependent or where said

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drug dependent is below eighteen *8:+ !ears of age and is a first#time offender and non#

confinement in a Center will not pose a serious danger to his,her famil! or the communit!.

Confinement in a Center for treatment and rehabilitation shall not e4ceed one *8+ !ear% afterwhich time the Court% as well as the -oard% shall be apprised b! the head of the treatment and

rehabilitation center of the status of said drug dependent and determine whether furtherconfinement will be for the welfare of the drug dependent and his,her famil! or the communit!.

Se1tion ##.&6eption fro the Criinal Liability nder the *oluntary Subission Progra.Adrug dependent under the voluntar! submission program% who is finall! discharged from

confinement% shall be e4empt from the criminal liabilit! under ection 8 of this act sub'ect to

the following conditions)

*8+ ?e,she has complied with the rules and regulations of the center% the applicable rulesand regulations of the -oard% including the after#care and follow#up program for at least

eighteen *8:+ months following temporar! discharge from confinement in the Center or%

in the case of a dependent placed under the care of the D@?#accredited ph!sician% theafter#care program and follow#up schedule formulated b! the D>D and approved b!

the -oard)Provided% That capabilit!#building of local government social workers shall be

undertaken b! the D>D

*2+ ?e,she has never been charged or convicted of an! offense punishable under this Act%the Dangerous Drugs Act of 89/2 or epublic Act

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Center% he,she shall be recommitted to the Center for confinement. Thereafter% he,she ma! again

be certified for temporar! release and ordered released for another after#care and follow#up

program pursuant to this ection.

Se1tion #%.Probation and Counity Service nder the *oluntary Subission Progra. A

drug dependent who is discharged as rehabilitated b! the D@?#accredited Center through thevoluntar! submission program% but does not (ualif! for e4emption from criminal liabilit! under

ection of this Act% ma! be charged under the provisions of this Act% but shall be placed onprobation and undergo a communit! service in lieu of imprisonment and,or fine in the discretion

of the court% without pre'udice to the outcome of an! pending case filed in court.

uch drug dependent shall undergo communit! service as part of his,her after#care and follow#upprogram% which ma! be done in coordination with nongovernmental civil organi$ations

accredited b! the D>D% with the recommendation of the -oard.

Se1tion #5.1iling of Charges (gainst a Drug Dependent 7ho is 3ot Rehabilitated nder the

*oluntary Subission Progra. A drug dependent% who is not rehabilitated after the secondcommitment to the Center under the voluntar! submission program% shall% upon recommendation

of the -oard% be charged for violation of ection 8 of this Act and prosecuted like an! other

offender. f convicted% he,she shall be credited for the period of confinement and rehabilitation in

the Center in the service of his,her sentence.

Se1tion #.&scape and Recoitent for Confineent and Rehabilitation nder the *oluntary

Subission Progra. hould a drug dependent under the voluntar! submission program

escape from the Center% he,she ma! submit himself,herself for recommitment within one *8+week therefrom% or his,her parent% spouse% guardian or relative within the fourth degree of

consanguinit! or affinit! ma!% within said period% surrender him for recommitment% in which

case the corresponding order shall be issued b! the -oard.

hould the escapee fail to submit himself,herself or be surrendered after one *8+ week% the -oardshall appl! to the court for a recommitment order upon proof of previous commitment or his,her

voluntar! submission b! the -oard% the court ma! issue an order for recommitment within one

*8+ week.

f% subse(uent to a recommitment% the dependent once again escapes from confinement% he,sheshall be charged for violation of ection 8 of this Act and he sub'ected under section =8 of this

Act% either upon order of the -oard or upon order of the court% as the case ma! be.

Se1tion "(.Confidentiality of Records nder the *oluntary Subission Progra. Fudicial andmedical records of drug dependents under the voluntar! submission program shall beconfidential and shall not be used against him for an! purpose% e4cept to determine how man!

times% b! himself,herself or through his,her parent% spouse% guardian or relative within the fourth

degree of consanguinit! or affinit!% he,she voluntaril! submitted himself,herself for confinement%treatment and rehabilitation or has been committed to a Center under this program.

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Se1tion "!.Copulsory Confineent of a Drug Dependent 7ho Refuses to (pply nder the

*oluntary Subission Progra.

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That when the offense is for violation of ection 8 of this Act and the accused is not a

recidivist% the penalt! thereof shall be deemed to have been served in the Center upon his,her

release therefrom after certification b! the Center and the -oard that he,she is rehabilitated.

Se1tion "3.Prescription of the ,ffense Charged (gainst a Drug Dependent nder the

Copulsory Subission Progra. The period of prescription of the offense charged against adrug dependent under the compulsor! submission program shall not run during the time that the

drug dependent is under confinement in a Center or otherwise under the treatment andrehabilitation program approved b! the -oard.

;pon certification of the Center that he,she ma! temporaril! be discharged from the said Center%

the court shall order his,her release on condition that he,she shall report to the -oard through theD@? for after#care and follow#up treatment for a period not e4ceeding eighteen *8:+ months

under such terms and conditions as ma! be imposed b! the -oard.

f at an!time during the after#care and follow#up period% the -oard certifies to his,her complete

rehabilitation% the court shall order his,her final discharge from confinement and order for theimmediate resumption of the trial of the case for which he,she is originall! charged. hould the

-oard through the D@? find at an!time during the after#care and follow#up period that he,she

re(uires further treatment and rehabilitation% it shall report to the court% which shall order his,her

recommitment to the Center.

hould the drug dependent% having been committed to a Center upon petition b! the -oard

escape therefrom% he,she ma! resubmit himself,herself for confinement within one *8+ week

from the date of his,her escape or his,her parent% spouse% guardian or relative within the fourthdegree of consanguinit! or affinit! ma!% within the same period% surrender him for

recommitment. f% however% the drug dependent does not resubmit himself,herself for

confinement or he,she is not surrendered for recommitment% the -oard ma! appl! with the courtfor the issuance of the recommitment order. ;pon proof of previous commitment% the court shallissue an order for recommitment. f% subse(uent to such recommitment% he,she should escape

again% he,she shall no longer be e4empt from criminal liabilit! for use of an! dangerous drug.

A drug dependent committed under this particular ection who is finall! discharged from

confinement shall be e4empt from criminal liabilit! under ection 8 of this Act% withoutpre'udice to the outcome of an! pending case filed in court. @n the other hand% a drug dependent

who is not rehabilitated after a second commitment to the Center shall% upon conviction b! the

appropriate court% suffer the same penalties provided for under ection 8 of this Act againwithout pre'udice to the outcome of an! pending case filed in court.

Se1tion ".Confidentiality of Records nder the Copulsory Subission Progra. The

records of a drug dependent who was rehabilitated and discharged from the Center under the

compulsor! submission program% or who was charged for violation of ection 8 of this Act%shall be covered b! ection =0 of this Act. ?owever% 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 b! the court% taking intoconsideration public interest and the welfare of the drug dependent.

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Se1tion "#.Duty of the Prosecutor in the Proceedings. t shall be the dut! of the provincial or

the cit! prosecutor or their assistants or state prosecutors to prepare the appropriate petition in all

proceedings arising from this Act.

Se1tion "". Suspension of Sentence of a 1irst'Tie )inor ,ffender. An accused who is over

fifteen *8+ !ears of age at the time of the commission of the offense mentioned in ection 88 ofthis Act% but not more than eighteen *8:+ !ears of age at the time when 'udgment should have

been promulgated after having been found guilt! of said offense% ma! be given the benefits of asuspended sentence% sub'ect to the following conditions)

*a+ ?e,she has not been previousl! convicted of violating an! provision of this Act% or of

the Dangerous Drugs Act of 89/2% as amended or of the evised 6enal Code or of an!special penal laws

*b+ ?e,she has not been previousl! committed to a Center or to the care of a D@?#

accredited ph!sician and

*c+ The -oard favorabl! recommends that his,her sentence be suspended.

>hile under suspended sentence% he,she shall be under the supervision and rehabilitativesurveillance of the -oard% under such conditions that the court ma! impose for a period ranging

from si4 *=+ months to eighteen *8:+ months.

;pon recommendation of the -oard% the court ma! commit the accused under suspended

sentence to a Center% or to the care of a D@?#accredited ph!sician for at least si4 *=+ months%with after#care and follow#up program for not more than eighteen *8:+ months.

n the case of minors under fifteen *8+ !ears of age at the time of the commission of an! offensepenali$ed under this Act% Article 892 of 6residential Decree elfare Code% as amended b! 6residential Decree

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Se1tion "5.Privilege of Suspended Sentence to be (vailed of ,nly ,nce by a 1irst'Tie )inor

,ffender. The privilege of suspended sentence shall be availed of onl! once b! an accused

drug dependent who is a first#time offender over fifteen *8+ !ears of age at the time of thecommission of the violation of ection 8 of this Act but not more than eighteen *8:+ !ears of

age at the time when 'udgment should have been promulgated.

Se1tion ".Proulgation of Sentence for 1irst'Tie )inor ,ffender. f the accused first#time

minor offender violates an! of the conditions of his,her suspended sentence% the applicable rulesand regulations of the -oard e4ercising supervision and rehabilitative surveillance over him%

including the rules and regulations of the Center should confinement be re(uired% the court shall

pronounce 'udgment of conviction and he,she shall serve sentence as an! other convicted person.

Se1tion %(.Probation or Counity Service for a 1irst'Tie )inor ,ffender in Lieu of$prisonent. ;pon promulgation of the sentence% the court ma!% in its discretion% place the

accused under probation% even if the sentence provided under this Act is higher than that

provided under e4isting law on probation% or impose communit! service in lieu of imprisonment.

n case of probation% the supervision and rehabilitative surveillance shall be undertaken b! the-oard through the D@? in coordination with the -oard of 6ardons and 6arole and the 6robation

Administration. ;pon compliance with the conditions of the probation% the -oard shall submit awritten report to the court recommending termination of probation and a final discharge of the

probationer% whereupon the court shall issue such an order.

The communit! service shall be complied with under conditions% time and place as ma! be

determined b! the court in its discretion and upon the recommendation of the -oard and shallappl! onl! to violators of ection 8 of this Act. The completion of the communit! service shall

be under the supervision and rehabilitative surveillance of the -oard during the period re(uired

b! the court. Thereafter% the -oard shall render a report on the manner of compliance of said

communit! service. The court in its discretion ma! re(uire e4tension of the communit! serviceor order a final discharge.

n both cases% the 'udicial records shall be covered b! the provisions of ections =0 and = of this

Act.

f the sentence promulgated b! the court re(uires imprisonment% the period spent in the Center b!the accused during the suspended sentence period shall be deducted from the sentence to be

served.

Se1tion %!.Records to be 2ept by the Departent of 5ustice. The D@F shall keep a confidential

record of the proceedings on suspension of sentence and shall not be used for an! purpose otherthan to determine whether or not a person accused under this Act is a first#time minor offender.

Se1tion %'.Liability of a Person 7ho *iolates the Confidentiality of Records. The penalt! of

imprisonment ranging from si4 *=+ months and one *8+ da! to si4 *=+ !ears and a fine rangingfrom @ne thousand pesos *68%000.00+ to i4 thousand pesos *6=%000.00+% shall be imposed upon

an! person who% having official custod! of or access to the confidential records of an! drug

dependent under voluntar! submission programs% or an!one who% having gained possession of

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said records% whether lawfull! or not% reveals their content to an! person other than those

charged with the prosecution of the offenses under this Act and its implementation. The

ma4imum penalt! shall be imposed% in addition to absolute perpetual dis(ualification from an!public office% when the offender is a government official or emplo!ee. hould the records be

used for unlawful purposes% such as blackmail of the drug dependent or the members of his,her

famil!% the penalt! imposed for the crime of violation of confidentialit! shall be in addition towhatever crime he,she ma! be convicted of.

Se1tion %3.Liability of a Parent! Spouse or -uardian 7ho Refuses to Cooperate 0ith the Board

or any Concerned (gency. An! parent% spouse or guardian who% without valid reason% refuses

to cooperate with the -oard or an! concerned agenc! in the treatment and rehabilitation of a drugdependent who is a minor% or in an! manner% prevents or dela!s the after#care% follow#up or other

programs for the welfare of the accused drug dependent% whether under voluntar! submission

program or compulsor! submission program% ma! be cited for contempt b! the court.

Se1tion %.Cost'Sharing in the Treatent and Rehabilitation of a Drug Dependent. The

parent% spouse% guardian or an! relative within the fourth degree of consanguinit! of an! personwho is confined under the voluntar! submission program or compulsor! submission program

shall be charged a certain percentage of the cost of his,her treatment and rehabilitation% theguidelines of which shall be formulated b! the D>D taking into consideration the economic

status of the famil! of the person confined. The guidelines therein formulated shall be

implemented b! a social worker of the local government unit.

Se1tion %#. Treatent and Rehabilitation Centers. The e4isting treatment and rehabilitationcenters for drug dependents operated and maintained b! the

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*1+ 7ncourage% assist and accredit private centers% promulgate rules and regulations

setting minimum standards for their accreditation to assure their competence% integrit!

and stabilit!

*+ 6rescribe and promulgate rules and regulations governing the establishment of such

Centers as it ma! deem necessar! after conducting a feasibilit! stud! thereof

*+ The D@? shall% without pre'udice to the criminal prosecution of those found guilt! of

violating this Act% order the closure of a Center for treatment and rehabilitation of drugdependenc! when% after investigation it is found guilt! of violating the provisions of this

Act or regulations issued b! the -oard and

*=+ Charge reasonable fees for drug dependenc! e4aminations% other medical and legal

services provided to the public% which shall accrue to the -oard. All income derived fromthese sources shall be part of the funds constituted as special funds for the

implementation of this Act under ection :/.

ARTICLE Ielfare and Development or his,her

representative

*:+ ecretar! of the Department of oreign Affairs or his,her representative

*9+ ecretar! of the Department of 7ducation or his,her representative

*80+ Chairman of the Commission on ?igher 7ducation or his,her representative

*88+ Chairman of the

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such other duties that ma! be assigned to him,her. ?e,she must possess ade(uate knowledge%

training and e4perience in the field of dangerous drugs% and in an! of the following fields) law

enforcement% law% medicine% criminolog!% ps!cholog! or social work.

Two deputies e4ecutive director% for administration and operations% with the ranks of assistant

secretar!% shall be appointed b! the 6resident upon recommendation of the -oard. The! shallpossess the same (ualifications as those of the e4ecutive director. The! shall receive a salar!

corresponding to their position as prescribed b! the alar! tandardi$ation 5aw as a Careerervice @fficer.

The e4isting secretariat of the -oard shall be under the administrative control and supervision of

the 74ecutive Director. t shall be composed of the following divisions% namel!) 6olic! tudies%esearch and tatistics 6reventive 7ducation% Training and nformation 5egal Affairs and the

Administrative and inancial Banagement.

Se1tion 5!.Po0ers and Duties of the Board. The -oard shall)

*a+ ormulate% develop and establish a comprehensive% integrated% unified and balanced

national drug use prevention and control strateg!

*b+ 6romulgate such rules and regulations as ma! be necessar! to carr! out the purposes

of this Act% including the manner of safekeeping% disposition% burning or condemnation of

an! dangerous drug and,or controlled precursor and essential chemical under its charge

and custod!% and prescribe administrative remedies or sanctions for the violations of suchrules and regulations

*c+ Conduct polic! studies% program monitoring and evaluations and other researches on

drug prevention% control and enforcement

*d+ nitiate% conduct and support scientific% clinical% social% ps!chological% ph!sical andbiological researches on dangerous drugs and dangerous drugs prevention and control

measures

*e+ Develop an educational program and information drive on the ha$ards and prevention

of illegal use of an! dangerous drug and,or controlled precursor and essential chemicalbased on factual data% and disseminate the same to the general public% for which purpose

the -oard shall endeavor to make the general public aware of the ha$ards of an!

dangerous drugs and,or controlled precursor and essential chemical b! providing among

others% literature% films% displa!s or advertisements and b! coordinating with allinstitutions of learning as well as with all national and local enforcement agencies in

planning and conducting its educational campaign programs to be implemented b! the

appropriate government agencies

*f+ Conduct continuing seminars for% and consultations with% and provide information

materials to 'udges and prosecutors in coordination with the @ffice of the Court

Administrator% in the case of 'udges% and the D@F% in the case of prosecutors% which aim

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to provide them with the current developments and programs of the -oard 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

'udiciar!% and prosecutors% school authorities and personnel of centers with knowledgeand know#how in dangerous drugs and,or controlled precursors and essential chemicals

control in coordination with the upreme Court to meet the ob'ectives of the nationaldrug control programs

*h+ Design and develop% in consultation and coordination with the D@?% D>D and

other agencies involved in drugs control% treatment and rehabilitation% both public andprivate% a national treatment and rehabilitation program for drug dependents including a

standard aftercare and communit! service program for recovering drug dependents

*i+ Design and develop% 'ointl! with the D@57 and in consultation with labor and

emplo!er groups as well as nongovernment organi$ations a drug abuse preventionprogram in the workplace that would include a provision for emplo!ee assistance

programs for emotionall!#stressed emplo!ees

*'+ nitiate and authori$e closure proceedings against non#accredited and,or substandard

rehabilitation centers based on verified reports of human rights violations% subhumanconditions% inade(uate medical training and assistance and e4cessive fees for

implementation b! the 6D7A

*k+ 6rescribe and promulgate rules and regulations governing the establishment of such

centers% networks and laboratories as deemed necessar! after conducting a feasibilit!

stud! in coordination with the D@? and other government agencies

*l+ eceive% gather% collect and evaluate all information on the importation% e4portation%

production% manufacture% sale% stocks% sei$ures of and the