REPUBLIC ACT NO 9165.docx

8/18/2019 REPUBLIC ACT NO 9165.docx

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REPUBLIC ACT NO. 9165 June 7, 2002

AN ACT INSTITUTING THE COMPREHENSIVE

ANGEROUS RUGS ACT O! 2002, REPEALING

REPUBLIC ACT NO. 6"25, OTHER#ISE $NO#N AS THE

ANGEROUS RUGS ACT O! 1972, AS AMENE,

PROVIING !UNS THERE!OR, AN !OR OTHER

PURPOSES

Be it enacted by the Senate and House of Representatives of

the Philippines in Congress

Se%&'(n 1. Short Title. – This Act shall be known and cited as

the "Comprehensive Dangerous Drugs Act of 2002".

Se%&'(n 2. Declaration of Policy. – t is the polic! of the tate

to safeguard the integrit! of its territor! and the well#being of

its citi$enr! particularl! the !outh% from the harmful e&ects 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 tate needs to enhance further the e'cac! 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 tra'cking and use of

dangerous drugs and other similar substances through an

integrated s!stem of 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 with ade*uate amounts of appropriate medications%

which include the use of dangerous drugs.

t is further declared the polic! of the tate to provide

e&ective 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.

A+TC,- Denition of termsSe%&'(n ). Denitions. As used in this Act% the following terms

shall mean/

a1 Administer. – An! act of introducing an! dangerous drug

into the bod! of an! person% with or without hisher

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 to himselfherself unless administered b! a dul! licensed practitioner for

purposes of medication.

b1 3oard. # +efers to the Dangerous Drugs 3oard under

ection 44% Article 5 of this Act.

c1 Centers. # An! of the treatment and rehabilitation centers

for drug dependents referred to in ection 67% Article 8 of

this Act.

d1 Chemical Diversion. – The sale% distribution% suppl! or

transport of legitimatel! imported% in#transit% manufactured or

procured controlled precursors and essential chemicals% indiluted% mi9tures 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.

e1 Clandestine ,aborator!. – An! facilit! used for the illegal

manufacture of an! dangerous drug andor controlled

precursor and essential chemical.

f1 Conrmator! Test. – An anal!tical test using a device% tool

or e*uipment with a di&erent chemical or ph!sical principle

that is more specic which will validate and conrm the result

of the screening test.

g1 Controlled Deliver!. – The investigative techni*ue of

allowing an unlawful or suspect consignment of an!

dangerous drug andor controlled precursor and essential

chemical% e*uipment or paraphernalia% or propert! believed to

be derived directl! or indirectl! from an! o&ense% to pass into%

through or out of the countr! under the supervision of anauthori$ed o'cer% with a view to gathering evidence to

identif! an! person involved in an! dangerous drugs related

o&ense% or to facilitate prosecution of that o&ense.

h1 Controlled :recursors and -ssential Chemicals. – nclude

those listed in Tables and of the ;? Convention

Against llicit Tra'c in ?arcotic Drugs and :s!chotropic

ubstances as enumerated in the attached anne9% which is an

integral part of this Act.

i1 Cultivate or Culture. – An! act of knowingl! planting%

growing% raising% or permitting the planting% growing or raising

of an! plant which is the source of a dangerous drug.

)1 Dangerous Drugs. – nclude those listed in the chedules

anne9ed to the ;


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s1 nstrument. – An! thing that is used in or intended to be

used in an! manner in the commission of illegal drug

tra'cking or related o&enses.

t1 ,aborator! -*uipment. – The paraphernalia% apparatus%

materials or appliances when used% intended for use or

designed for use in the manufacture of an! dangerous drug

andor controlled precursor and essential chemical% such as

reaction vessel% preparativepurif!ing e*uipment% fermentors%

separator! funnel% Eask% heating mantle% gas generator% or

their substitute.

u1 Fanufacture. – The production% preparation% compounding

or processing of an! dangerous drug andor controlled

precursor and essential chemical% either directl! or indirectl!

or b! e9traction from substances of natural origin% or

independentl! b! means of chemical s!nthesis or b! a

combination of e9traction and chemical s!nthesis% and shall

include an! packaging or repackaging of such substances%

design or conguration of its form% or labeling or relabeling of

its containerG e9cept 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 hisher administration or dispensation of such drug

or substance in the course of hisher professional practiceincluding research% teaching and chemical anal!sis of

dangerous drugs or such substances that are not intended for

sale or for an! other purpose.

v1 Cannabis or commonl! known as "Fari)uana" or "ndian

Bemp" or b! its an! other name. – -mbraces ever! kind%

class% genus% or specie of the plant Cannabis sativa

. including% but not limited to% Cannabis a!ericana%hashish"

bhang" gua#a" churrus and gan$ab% and embraces ever! kind%

class and character of mari)uana% whether dried or fresh and

Eowering% Eowering or fruiting tops% or an! part or portion of

the plant and seeds thereof% and all its geographic varieties%

whether as a reefer% resin% e9tract% tincture or in an! form

whatsoever.

w1 Feth!lenedio9!methamphetamine FDFA1 or commonl!

known as "-cstas!"% or b! its an! other name. – +efers to the

drug having such chemical composition% including an! of its

isomers or derivatives in an! form.

91 Fethamphetamine B!drochloride or commonl! known as

"habu"% "ce"% "Feth"% or b! its an! other name. – +efers to

the drug having such chemical composition% including an! of

its isomers or derivatives in an! form.

!1 pium. – +efers to the coagulated )uice of the opium

popp! Papaver so!niferu! .1 and embraces ever! kind%class and character of opium% whether crude or preparedG the

ashes or refuse of the sameG narcotic preparations thereof or

therefromG morphine or an! alkaloid of opiumG preparations in

which opium% morphine or an! alkaloid of opium enters as an

ingredientG opium popp!G opium popp! strawG and leaves or

wrappings of opium leaves% whether prepared for use or not.

$1 pium :opp!. – +efers to an! part of the plant of the

species Papaver so!niferu! ." Papaver setigeru! DC"

Papaver orientale" Papaver bracteatu! and Papaver rhoeas%

which includes the seeds% straws% branches% leaves or an! part

thereof% or substances derived therefrom% even for Eoral%

decorative and culinar! purposes.

aa1 :D-A. – +efers to the :hilippine Drug -nforcement

Agenc! under ection =2% Article 5 of this Act.

bb1 :erson. – An! entit!% natural or )uridical% including among

others% a corporation% partnership% trust or estate% )oint stock

compan!% association% s!ndicate% )oint venture or other

unincorporated organi$ation or group capable of ac*uiring

rights or entering into obligations.

cc1 :lanting of -vidence. – 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 andor

controlled precursor and essential chemical in the person%

house% e&ects 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.

dd1 :ractitioner. – An! person who is a licensed ph!sician%

dentist% chemist% medical technologist% nurse% midwife%

veterinarian or pharmacist in the :hilippines.

ee1 :rotectorCoddler. – An! person who knowingl! and

willfull! consents to the unlawful acts provided for in this Act

and uses hisher inEuence% power or position in shielding%

harboring% screening or facilitating the escape of an! person

heshe 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.

&1 :usher. – 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.

gg1 chool. – An! educational institution% private or public%

undertaking educational operation for pupilsstudents

pursuing certain studies at dened levels% receiving

instructions from teachers% usuall! located in a building or a

group of buildings in a particular ph!sical or c!ber site.

hh1 creening Test. – A rapid test performed to establish

potentialpresumptive positive result.

ii1 ell. – An! act of giving awa! an! dangerous drug andor

controlled precursor and essential chemical whether for

mone! or an! other consideration.

))1 Trading. – Transactions involving the illegal tra'cking of

dangerous drugs andor controlled precursors and essential

chemicals using electronic devices such as% but not limited to%

te9t messages% email% mobile or landlines% two#wa! radios%

internet% instant messengers and chat rooms or acting as a

broker in an! of such transactions whether for mone! or an!

other consideration in violation of this Act.

kk1 >se. – An! act of in)ecting% intravenousl! or

intramuscularl!% of consuming% either b! chewing% smoking%

sni'ng% eating% swallowing% drinking or otherwise introducing

into the ph!siological s!stem of the bod!% and of the

dangerous drugs.

A+TC,- >nlawful Acts and :enaltiesSe%&'(n ". %!portation of Dangerous Drugs and&or Controlled

Precursors and 'ssential Che!icals.( .The penalt! of life

imprisonment to death and a ranging from ive hundred

thousand pesos :H00%000.001 to Ten million pesos

:;0%000%000.001 shall be imposed upon an! person% who%

unless authori$ed b! law% shall import or bring into the

:hilippines an! dangerous drug% 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 Eoral% decorative and culinar! purposes.

The penalt! of imprisonment ranging from twelve ;21 !ears

and one ;1 da! to twent! 201 !ears and a ne ranging from

ne hundred thousand pesos :;00%000.001 to ive hundred

thousand pesos :H00%000.001 shall be imposed upon an!

person% who% unless authori$ed b! law% shall import an!

controlled precursor and essential chemical.

The ma9imum 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 :hilippines an! dangerous

drug andor controlled precursor and essential chemical


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through the use of a diplomatic passport% diplomatic facilities

or an! other means involving hisher o'cial status intended

to facilitate the unlawful entr! of the same. n addition% the

diplomatic passport shall be conscated and canceled.


imposed upon an! person% who organi$es% manages or acts as

a "nancier" of an! of the illegal activities prescribed in this

ection.

The penalt! of twelve ;21 !ears and one ;1 da! to twent!201 !ears of imprisonment and a ne ranging from ne

hundred thousand pesos :;00%000.001 to ive hundred


person% who acts as a "protectorcoddler" of an! violator of

the provisions under this ection.

Se%&'(n 5. Sale" Trading" )d!inistration" Dispensation"

Delivery" Distribution and Transportation of Dangerous Drugs

and&or Controlled Precursors and 'ssential Che!icals. # The

penalt! of life imprisonment to death and a ne ranging from

ive hundred thousand pesos :H00%000.001 to Ten million

pesos :;0%000%000.001 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.





person% who% unless authori$ed b! law% shall sell% trade%

administer% dispense% deliver% give awa! to another% distribute%

dispatch in transit or 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 andor

controlled precursor and essential chemical transpires within

one hundred ;001 meters from the school% the ma9imum

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

andor controlled precursors and essential chemical trade% the

ma9imum penalt! shall be imposed in ever! case.

f the victim of the o&ense is a minor or a mentall!incapacitated individual% or should a dangerous drug andor a

controlled precursor and essential chemical involved in an!

o&ense herein provided be the pro9imate cause of death of a

victim thereof% the ma9imum penalt! provided for under this

ection shall be imposed.


imposed upon an! person who organi$es% manages or acts as


ection.

The penalt! of twelve ;21 !ears and one ;1 da! to twent!

201 !ears of imprisonment and a ne ranging from ne





Se%&'(n 6. *aintenance of a Den" Dive or Resort . # The



pesos :;0%000%000.001 shall be imposed upon an! person or

group of persons who shall maintain a den% dive or resort

where an! dangerous drug is used or sold in an! form.





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.


imposed in ever! case where an! dangerous drug is

administered% delivered or sold to a minor who is allowed touse the same in such a place.

hould an! dangerous drug be the pro9imate cause of the

death of a person using the same in such den% dive or resort%

the penalt! of death and a ne ranging from ne million

:;%000%000.001 to ifteen million pesos :H00%000.001 shall

be imposed on the maintainer% owner andor operator.

f such den% dive or resort is owned b! a third person% the

same shall be conscated and escheated in favor of the

government/ Provided% That the criminal complaint shall

specicall! 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" nally % That the

owner shall be included as an accused in the criminal

complaint.


imposed upon an! person who organi$es% manages or acts as


ection.

The penalt! twelve ;21 !ears and one ;1 da! to twent! 201

!ears of imprisonment and a ne ranging from ne hundred

thousand pesos :;00%000.001 to ive hundred thousand

pesos :H00%000.001 shall be imposed upon an! person% whoacts as a "protectorcoddler" of an! violator of the provisions

under this ection.

Se%&'(n 7. '!ployees and +isitors of a Den" Dive or Resort. #




thousand pesos :H00%000.001 shall be imposed upon/

a1 An! emplo!ee of a den% dive or resort% who is

aware of the nature of the place as suchG and

b1 An! person who% not being included in the

provisions of the ne9t preceding% paragraph% is aware

of the nature of the place as such and shall

knowingl! visit the same

Se%&'(n *. *anufacture of Dangerous Drugs and&or

Controlled Precursors and 'ssential Che!icals. # The penalt!

of life imprisonment to death and a ne ranging ive hundred


:;0%000%000.001 shall be imposed upon an! person% who%

unless authori$ed b! law% shall engage in the manufacture of

an! dangerous drug.


and one ;1 da! to twent! 201 !ears and a ne ranging fromne hundred thousand pesos :;00%000.001 to ive hundred


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 the clandestine

laborator! is a pri!a facie proof of manufacture of an!

dangerous drug. t shall be considered an aggravating

circumstance if the clandestine laborator! is undertaken or

established under the following circumstances/


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a1 An! phase of the manufacturing process was

conducted in the presence or with the help of

minors/

b1 An! phase or manufacturing process was

established or undertaken within one hundred ;001

meters of a residential% business% church or school

premisesG

c1 An! clandestine laborator! was secured or

protected with boob! trapsG

d1 An! clandestine laborator! was concealed with

legitimate business operationsG or

e1 An! emplo!ment of a practitioner% chemical

engineer% public o'cial or foreigner.




ection.

The penalt! of twelve ;21 !ears and one ;1 da! to twent!201 !ears of imprisonment and a ne ranging from ne





Se%&'(n 9. %llegal Che!ical Diversion of Controlled Precursors

and 'ssential Che!icals. # The penalt! of imprisonment

ranging from twelve ;21 !ears and one ;1 da! to twent! 201

!ears and a ne ranging from ne hundred thousand pesos

:;00%000.001 to ive hundred thousand pesos :H00%000.001

shall be imposed upon an! person% who% unless authori$ed b!

law% shall illegall! divert an! controlled precursor and

essential chemical.

Se%&'(n 10. *anufacture or Delivery of ',uip!ent"

%nstru!ent" )pparatus" and -ther Paraphernalia for

Dangerous Drugs and&or Controlled Precursors and 'ssential

Che!icals. # The penalt! of imprisonment ranging from twelve

;21 !ears and one ;1 da! to twent! 201 !ears and a ne

ranging from ne hundred thousand pesos :;00%000.001 to

ive hundred thousand pesos :H00%000.001 shall be imposed

upon an! person who shall deliver% possess with intent 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 andor controlled precursor and

essential chemical in violation of this Act.

The penalt! of imprisonment ranging from si9 @1 months and

one ;1 da! to four 71 !ears and a ne ranging from Ten

thousand pesos :;0%000.001 to ift! thousand pesos

:H0%000.001 shall be 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.


imposed upon an! person% who uses a minor or a mentall!incapacitated individual to deliver such e*uipment%

instrument% apparatus and other paraphernalia for dangerous

drugs.

Se%&'(n 11. Possession of Dangerous Drugs. # The penalt! oflife imprisonment to death and a ne ranging from ivehundred thousand pesos :H00%000.001 to Ten million pesos:;0%000%000.001 shall be imposed upon an! person% who%unless authori$ed b! law% shall possess an! dangerous drug inthe following *uantities% regardless of the degree of purit!thereof/;1 ;0 grams or more of opiumG

21 ;0 grams or more of morphineG61 ;0 grams or more of heroinG71 ;0 grams or more of cocaine or cocaine h!drochlorideGH1 H0 grams or more of methamphetamine h!drochloride or"shabu"G@1 ;0 grams or more of mari)uana resin or mari)uana resin oilG41 H00 grams or more of mari)uanaG and

=1 ;0 grams or more of other dangerous drugs such

as% but not limited to%

meth!lenedio9!methamphetamine FDA1 or

"ecstas!"% parametho9!amphetamine :FA1%

trimetho9!amphetamine TFA1% l!sergic aciddieth!lamine ,D1% gamma h!dro9!amphetamine

IB31% 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% as

determined and promulgated b! the 3oard in

accordance to ection


5/19

The possession of such e*uipment% instrument% apparatus and

other paraphernalia t or intended for an! of the purposes

enumerated in the preceding paragraph shall be pri!a

facie evidence that the possessor has smoked% consumed%

administered to himselfherself% in)ected% ingested or used a

dangerous drug and shall be presumed to have violated

ection ;H of this Act.

Se%&'(n 1). 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 ormeeting% or in the pro9imate compan! of at least two 21

persons% shall su&er the ma9imum penalties provided for in

ection ;; of this Act% regardless of the *uantit! and purit! of

such dangerous drugs.

Se%&'(n 1". Possession of ',uip!ent" %nstru!ent" )pparatus

and -ther Paraphernalia for Dangerous Drugs During Parties"

Social atherings or *eetings. # The ma9imum penalt!

provided for in ection ;2 of this Act shall be imposed upon

an! person% who shall possess or have under hisher control

an! e*uipment% instrument% apparatus and other

paraphernalia t or intended for smoking% consuming%

administering% in)ecting% ingesting% or introducing an!

dangerous drug into the bod!% during parties% socialgatherings or meetings% or in the pro9imate compan! of at

least two 21 persons.

Se%&'(n 15. /se of Dangerous Drugs. – A person

apprehended or arrested% who is found to be positive for use

of an! dangerous drug% after a conrmator! test% shall be

imposed a penalt! of a minimum of si9 @1 months

rehabilitation in a government center for the rst o&ense%

sub)ect to the provisions of Article 8 of this Act. f

apprehended using an! dangerous drug for the second time%

heshe shall su&er the penalt! of imprisonment ranging from

si9 @1 !ears and one ;1 da! to twelve ;21 !ears and a ne

ranging from ift! thousand pesos :H0%000.001 to Two

hundred thousand pesos :200%000.001/ Provided" That thisection shall not be applicable where the person tested is also

found to have in hisher possession such *uantit! of an!

dangerous drug provided for under ection ;; of this Act% in

which case the provisions stated therein shall appl!.

Se%&'(n 16. Cultivation or Culture of Plants Classied as

Dangerous Drugs or are Sources Thereof. ( The penalt! of life

imprisonment to death and a ne ranging from ive hundred


:;0%000%000.001 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 classied as a dangerous drug or as a source from which

an! dangerous drug ma! be manufactured orderived/ Provided% That in the case of medical laboratories

and medical research centers which cultivate or culture

mari)uana% opium popp! and other plants% or materials of such

dangerous drugs for medical e9periments and research

purposes% or for the creation of new t!pes of medicine% the

3oard shall prescribe the necessar! implementing guidelines

for the proper cultivation% culture% handling% e9perimentation

and disposal of such plants and materials.

The land or portions thereof andor greenhouses on which an!

of said plants is cultivated or cultured shall be conscated and

escheated in favor of the tate% unless the owner thereof can

prove lack of knowledge of such cultivation or culture despite

the e9ercise of due diligence on hisher part. f the land

involved is part of the public domain% the ma9imum penalt!

provided for under this ection shall be imposed upon the

o&ender.




ection.

The penalt! of twelve ;21 !ears and one ;1 da! to twent!

201 !ears of imprisonment and a ne ranging from ne





Se%&'(n 17. *aintenance and 0eeping of -riginal Records of

Transactions on Dangerous Drugs and&or Controlled

Precursors and 'ssential Che!icals. ( The penalt! of

imprisonment ranging from one ;1 !ear and one ;1 da! tosi9 @1 !ears and a ne ranging from Ten thousand pesos

:;0%000.001 to ift! thousand pesos :H0%000.001 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 andor

controlled precursor and essential chemical in accordance

with ection 70 of this Act.

An additional penalt! shall be imposed through the revocation

of the license to practice hisher profession% in case of a

practitioner% or of the business% in case of a manufacturer%

seller% importer% distributor% dealer or retailer.

Se%&'(n 1*. /nnecessary Prescription of Dangerous Drugs. –




thousand pesos :H00%000.001 and the additional penalt! of

the revocation of hisher license to practice shall be imposed

upon the practitioner% 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 3oard in consultation with recogni$ed

competent e9perts who are authori$ed representatives of

professional organi$ations of practitioners% particularl! those

who are involved in the care of persons with severe pain.

Se%&'(n 19. /nla1ful Prescription of Dangerous Drugs. – The



pesos :;0%000%000.001 shall be imposed upon an! person%

who% unless authori$ed b! law% shall make or issue a

prescription or an! other writing purporting to be a

prescription for an! dangerous drug.

Se%&'(n 20. Conscation and 2orfeiture of the Proceeds or

%nstru!ents of the /nla1ful )ct" %ncluding the Properties or

Proceeds Derived fro! the %llegal Tra3c4ing of Dangerous

Drugs and&or Precursors and 'ssential Che!icals. – -ver!

penalt! imposed for the unlawful importation% sale% trading%

administration% dispensation% deliver!% distribution%

transportation or manufacture of an! dangerous drug andor

controlled precursor and essential chemical% the cultivation 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 conscation and

forfeiture% in favor of the government% of all the proceeds and

properties derived from the unlawful act% including% but not

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!ed without dela!

pursuant to the provisions of ection 2; of this Act.

After conviction in the +egional Trial Court in the appropriate

criminal case led% the Court shall immediatel! schedule a

hearing for the conscation and forfeiture of all the proceeds

of the o&ense and all the assets and properties of the accused

either owned or held b! him or in the name of some other

persons if the same shall be found to be manifestl! out of

proportion to hisher lawful income/ Provided" ho1ever % That if

the forfeited propert! is a vehicle% the same shall be

auctioned o& not later than ve H1 da!s upon order of

conscation or forfeiture.


6/19

During the pendenc! of the case in the +egional Trial Court%

no propert!% or income derived therefrom% which ma! be

conscated 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!

conscated or forfeited under this ection shall be used to pa!

all proper e9penses incurred in the proceedings for the

conscation% forfeiture% custod! and maintenance of the

propert! pending disposition% as well as e9penses forpublication and court costs. The proceeds in e9cess of the

above e9penses shall accrue to the 3oard to be used in its

campaign against illegal drugs.

Se%&'(n 21. Custody and Disposition of Conscated" Sei#ed"

and&or Surrendered Dangerous Drugs" Plant Sources of

Dangerous Drugs" Controlled Precursors and 'ssential

Che!icals" %nstru!ents&Paraphernalia and&or aboratory

',uip!ent . – The :D-A shall take charge and have custod! of

all dangerous drugs% plant sources of dangerous drugs%

controlled precursors and essential chemicals% as well as

instrumentsparaphernalia andor laborator! e*uipment so

conscated% sei$ed andor surrendered% for proper disposition

in the following manner/

;1 The apprehending team having initial custod! and

control of the drugs shall% immediatel! after sei$ure

and conscation% ph!sicall! inventor! and

photograph the same in the presence of the accused

or the persons from whom such items were

conscated andor sei$ed% or hisher representative

or counsel% a representative from the media and the

Department of Justice DJ1% and an! elected public

o'cial who shall be re*uired to sign the copies of the

inventor! and be given a cop! thereofG

21 ithin twent!#four 271 hours upon

conscationsei$ure of dangerous drugs% plant

sources of dangerous drugs% controlled precursors

and essential chemicals% as well as

instrumentsparaphernalia andor laborator!

e*uipment% the same shall be submitted to the :D-A

orensic ,aborator! for a *ualitative and *uantitative

e9aminationG

61 A certication of the forensic laborator!

e9amination results% which shall be done under oath

b! the forensic laborator! e9aminer% shall be issued

within twent!#four 271 hours after the receipt of the

sub)ect items/ Provided% That when the volume of

the dangerous drugs% plant sources of dangerous

drugs% and controlled precursors and essential

chemicals does not allow the completion of testing

within the time frame% a partial laborator!

e9amination report shall be provisionall! issued

stating therein the *uantities of dangerous drugs still

to be e9amined b! the forensic laborator!/ Provided"

ho1ever % That a nal certication shall be issued on

the completed forensic laborator! e9amination on

the same within the ne9t twent!#four 271 hoursG

71 After the ling of the criminal case% the Court

shall% within sevent!#two 421 hours% conduct an

ocular inspection of the conscated% sei$ed andor

surrendered dangerous drugs% plant sources of

dangerous drugs% and controlled precursors and

essential chemicals% including the

instrumentsparaphernalia andor laborator!

e*uipment% and through the :D-A shall within

twent!#four 271 hours thereafter proceed with the

destruction or burning of the same% in the presence

of the accused or the persons from whom such

items were conscated andor sei$ed% or hisher

representative or counsel% a representative from the

media and the DJ% civil societ! groups and an!

elected public o'cial. The 3oard shall draw up the

guidelines on the manner of proper disposition and

destruction of such items which shall be borne b!

the o&ender/ Provided% That those items of lawful

commerce% as determined b! the 3oard% shall be

donated% used or rec!cled for legitimate

purposes/ Provided" further % That a representative

sample% dul! weighed and recorded is retainedG

H1 The 3oard shall then issue a sworn certication as

to the fact of destruction or burning of the sub)ect

items which% together with the representative

samples in the custod! of the :D-A% shall besubmitted to the court having )urisdiction over the

case. n all instances% the representative samples

shall be kept to a minimum *uantit! as determined

b! the 3oardG

@1 The alleged o&ender or hisher representative or

counsel shall be allowed to personall! observe all of

the above proceedings and hisher presence shall not

constitute an admission of guilt. n case the said

o&ender or accused refuses or fails to appoint a

representative after due notice in writing to the

accused or hisher counsel within sevent!#two 421

hours before the actual burning or destruction of the

evidence in *uestion% the ecretar! of Justice shallappoint a member of the public attorne!(s o'ce to

represent the formerG

41 After the promulgation and )udgment in the

criminal case wherein the representative samples

was presented as evidence in court% the trial

prosecutor shall inform the 3oard of the nal

termination of the case and% in turn% shall re*uest the

court for leave to turn over the said representative

samples to the :D-A for proper disposition and

destruction within twent!#four 271 hours from

receipt of the sameG and

=1 Transitor! :rovision/ a1 ithin twent!#four 271

hours from the e&ectivit! of this Act% dangerous

drugs dened 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% DJ%

Department of Bealth DB1 and the accusedand or

hisher counsel% and% b1 :ending the organi$ation of

the :D-A% the custod!% disposition% and burning or

destruction of sei$edsurrendered dangerous drugs

provided under this ection shall be implemented b!

the DB.

Se%&'(n 22. rant of Co!pensation" Re1ard and )1ard. –

The 3oard 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 the successful

conscation% sei$ure or surrender of dangerous drugs% plant

sources of dangerous drugs% and controlled precursors and

essential chemicals.

Se%&'(n 2). 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.

Se%&'(n 2". 5on()pplicability of the Probation a1 for DrugTra3c4ers and Pushers. – An! person convicted for drug

tra'cking or pushing under this Act% regardless of the penalt!

imposed b! the Court% cannot avail of the privilege granted b!

the :robation ,aw or :residential Decree ?o.


7/19

commission of a crime b! an o&ender% and the application of

the penalt! provided for in the +evised :enal Code shall be

applicable.

Se%&'(n 26. )tte!pt or Conspiracy. – An! attempt or

conspirac! to commit the following unlawful acts shall be

penali$ed b! the same penalt! prescribed for the commission

of the same as provided under this Act/

a1 mportation of an! dangerous drug andor controlled

precursor and essential chemicalGb1 ale% trading% administration% dispensation% deliver!%distribution and transportation of an! dangerous drug andorcontrolled precursor and essential chemicalGc1 Faintenance of a den% dive or resort where an! dangerousdrug is used in an! formGd1 Fanufacture of an! dangerous drug andor controlledprecursor and essential chemicalG ande1 Cultivation or culture of plants which are sources ofdangerous drugs.Se%&'(n 27. Cri!inal iability of a Public -3cer or '!ployee

for *isappropriation" *isapplication or 2ailure to )ccount for

the Conscated" Sei#ed and&or Surrendered Dangerous Drugs"

Plant Sources of Dangerous Drugs" Controlled Precursors and

'ssential Che!icals" %nstru!ents&Paraphernalia and&or

aboratory ',uip!ent %ncluding the Proceeds or Properties

-btained fro! the /nla1ful )ct Co!!itted. – The penalt! of

life imprisonment to death and a ne ranging from ive

hundred thousand pesos :H00%000.001 to Ten million pesos

:;0%000%000.001% in addition to absolute perpetual

dis*ualication from an! public o'ce% shall be imposed upon

an! public o'cer or emplo!ee who misappropriates%

misapplies or fails to account for conscated% sei$ed or

surrendered dangerous drugs% plant sources of dangerous

drugs% controlled precursors and essential chemicals%

instrumentsparaphernalia andor laborator! e*uipment

including the proceeds or properties obtained from the

unlawful acts as provided for in this Act.

An! elective local or national o'cial found to have benetedfrom the proceeds of the tra'cking of dangerous drugs as

prescribed in this Act% or have received an! nancial or

material contributions or donations from natural or )uridical

persons found guilt! of tra'cking dangerous drugs as

prescribed in this Act% shall be removed from o'ce and

perpetuall! dis*ualied from holding an! elective or

appointive positions in the government% its divisions%

subdivisions% and intermediaries% including government#

owned or –controlled corporations.

Se%&'(n 2*. Cri!inal iability of overn!ent -3cials and

'!ployees. – The ma9imum penalties of the unlawful acts

provided for in this Act shall be imposed% in addition to

absolute perpetual dis*ualication from an! public o'ce% if those found guilt! of such unlawful acts are government

o'cials and emplo!ees.

Se%&'(n 29. Cri!inal iability for Planting of 'vidence. – An!

person who is found guilt! of "planting" an! dangerous drug

andor controlled precursor and essential chemical% regardless

of *uantit! and purit!% shall su&er the penalt! of death.

Se%&'(n )0. Cri!inal iability of -3cers of Partnerships"

Corporations" )ssociations or -ther 9uridical '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

o'cer who consents to or knowingl! tolerates such violationshall be held criminall! liable as a co#principal.

The penalt! provided for the o&ense under this Act shall be

imposed upon the partner% president% director% manager%

trustee% estate administrator% or o'cer who knowingl!

authori$es% tolerates or consents 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% transportation or 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

a'liated.

Se%&'(n )1. )dditional Penalty if -7ender is an )lien. – n

addition to the penalties prescribed in the 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.

Se%&'(n )2. iability to a Person +iolating )ny Regulation%ssued by the Board. – The penalt! of imprisonment ranging

from si9 @1 months and one ;1 da! to four 71 !ears and a

ne ranging from Ten thousand pesos :;0%000.001 to ift!


person found violating an! regulation dul! issued b! the

3oard pursuant to this Act% in addition to the administrative

sanctions imposed b! the 3oard.

Se%&'(n )). %!!unity fro! Prosecution and Punish!ent . –

?otwithstanding the provisions of ection ;4% +ule ;;< of the

+evised +ules of Criminal :rocedure and the provisions of

+epublic Act ?o. @


8/19

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 8 of this Act.

Se%&'(n )5. )ccessory Penalties. – A person convicted under

this Act shall be dis*ualied to e9ercise hisher 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 such propert! 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 shallalso be suspended during the pendenc! of an appeal from

such conviction.

A+TC,- Dangerous Drugs Test and +ecord +e*uirementsSe%&'(n )6. )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 DB to safeguard the *ualit! of test results.

The DB shall take steps in setting the price of the drug test

with DB accredited drug testing centers to further reduce

the cost of such drug test. The drug testing shall emplo!%

among others% two 21 testing methods% the screening test

which will determine the positive result as well as the t!pe of the drug used and the conrmator! test which will conrm a

positive screening test. Drug test certicates issued b!

accredited drug testing centers shall be valid for a one#!ear

period from the date of issue which ma! be used for other

purposes. The following shall be sub)ected to undergo drug

testing/

a1 Applicants for driver(s license. – ?o driver(s license shall beissued or renewed to an! person unless heshe presents acertication that heshe has undergone a mandator! drug testand indicating thereon that heshe is free from the use ofdangerous drugsGb1 Applicants for rearm(s license and for permit to carr!rearms outside of residence. – All applicants for rearm(s

license and permit to carr! rearms outside of residence shallundergo a mandator! drug test to ensure that the! are freefrom the use of dangerous drugs/ Provided% That all personswho b! the nature of their profession carr! rearms shallundergo drug testingGc1 tudents of secondar! and tertiar! schools. – tudents ofsecondar! and tertiar! schools shall% pursuant to the relatedrules and regulations as contained in the school(s studenthandbook and with notice to the parents% undergo a randomdrug testing/ Provided% That all drug testing e9penses whetherin public or private schools under this ection will be borne b!the governmentGd1 'cers and emplo!ees of public and private o'ces. –'cers and emplo!ees of public and private o'ces% whetherdomestic or overseas% shall be sub)ected to undergo a randomdrug test as contained in the compan!(s work rules andregulations% which shall be borne b! the emplo!er% forpurposes of reducing the risk in the workplace. An! o'cer oremplo!ee found positive for use of dangerous drugs shall bedealt with administrativel! which shall be a ground forsuspension or termination% sub)ect to the provisions of Article2=2 of the ,abor Code and pertinent provisions of the Civilervice ,awGe1 'cers and members of the militar!% police and other lawenforcement agencies. – 'cers and members of the militar!%police and other law enforcement agencies shall undergo anannual mandator! drug testGf1 All persons charged before the prosecutor(s o'ce with acriminal o&ense having an imposable penalt! of imprisonmentof not less than si9 @1 !ears and one ;1 da! shall have toundergo a mandator! drug testG andg1 All candidates for public o'ce whether appointed orelected both in the national or local government shall undergo

a mandator! drug test.n addition to the above stated penalties in this ection% thosefound to be positive for dangerous drugs use shall be sub)ectto the provisions of ection ;H of this Act.Se%&'(n )7. %ssuance of 2alse or 2raudulent Drug Test

Results. – An! person authori$ed% licensed or accredited under

this Act and its implementing rules to conduct drug

e9amination or test% who issues false or fraudulent drug test

results knowingl!% willfull! or through gross negligence% shall

su&er the penalt! of imprisonment ranging from si9 @1 !ears

and one ;1 da! to twelve ;21 !ears and a ne ranging from


thousand pesos :H00%000.001.

An additional penalt! shall be imposed through the revocation

of the license to practice hisher profession in case of a

practitioner% and the closure of the drug testing center.

Se%&'(n )*. aboratory ':a!ination or Test on

)pprehended&)rrested -7enders. – ub)ect to ection ;H of

this Act% an! person apprehended or arrested for violating the

provisions of this Act shall be sub)ected to screening

laborator! e9amination or test within twent!#four 271 hours%

if the apprehending or arresting o'cer has reasonable ground

to believe that the person apprehended or arrested% onaccount of ph!sical signs or s!mptoms or other visible or

outward manifestation% is under the inEuence of dangerous

drugs. f found to be positive% the results of the screening

laborator! e9amination or test shall be challenged within

fteen ;H1 da!s after receipt of the result through a

conrmator! test conducted in an! accredited anal!tical

laborator! e*uipment with a gas chromatographmass

spectrometr! e*uipment or some such modern and accepted

method% if conrmed the same shall be pri!a facie evidence

that such person has used dangerous 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 conrmed for it to be valid in a court

of law.

Se%&'(n )9. )ccreditation of Drug Testing Centers and

Physicians. – The DB shall be tasked to license and accredit

drug testing centers in each province and cit! in order to

assure their capacit!% competence% integrit! and stabilit! to

conduct the laborator! e9aminations and tests provided in

this Article% and appoint such technical and other personnel as

ma! be necessar! for the e&ective implementation of this

provision. The DB shall also accredit ph!sicians who shall

conduct the drug dependenc! e9amination 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 DB for this purpose.

or this purpose% the DB shall establish% operate and

maintain drug testing centers in government hospitals% which

must be provided at least with basic technologicall! advanced

e*uipment and materials% in order to conduct the laborator!

e9amination and tests herein provided% and appoint such

*ualied and dul! trained technical and other personnel as

ma! be necessar! for the e&ective implementation of this

provision.

Se%&'(n "0. Records Re,uired for Transactions on Dangerous

Drug and Precursors and 'ssential Che!icals. –

a1 -ver! pharmacist dealing in dangerous drugs

andor controlled precursors and essential chemicals

shall maintain and keep an original record of sales%

purchases% ac*uisitions and deliveries of dangerous

drugs% indicating therein the following information/

;1 ,icense number and address of the pharmacistG21 ?ame% address and license of the manufacturer% importeror wholesaler from whom the dangerous drugs have beenpurchasedG61 Kuantit! and name of the dangerous drugs purchased orac*uiredG71 Date of ac*uisition or purchaseGH1 ?ame% address and communit! ta9 certicate number ofthe bu!erG@1 erial number of the prescription and the name of theph!sician% dentist% veterinarian or practitioner issuing thesameG41 Kuantit! and name of the dangerous drugs sold ordeliveredG and=1 Date of sale or deliver!.

A certied true cop! of such record covering a period

of si9 @1 months% dul! signed b! the pharmacist or

the owner of the drugstore% pharmac! or chemical

establishment% shall be forwarded to the 3oard within

fteen ;H1 da!s following the last da! of June and

December of each !ear% with a cop! thereof


9/19

furnished the cit! or municipal health o'cer

concerned.

b1 A ph!sician% dentist% veterinarian or practitioner

authori$ed to prescribe an! dangerous drug shall

issue the prescription therefor in one ;1 original and

two 21 duplicate copies. The original% after the

prescription has been lled% shall be retained b! the

pharmacist for a period of one ;1 !ear from the date

of sale or deliver! of such drug. ne ;1 cop! shall be

retained b! the bu!er or b! the person to whom thedrug 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 e9clusivel! issued b! and

obtainable from the DB. 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 DB ma!% b! rules and regulations%

re*uire. uch forms shall onl! be issued b! the DB

through its authori$ed emplo!ees to licensed

ph!sicians% dentists% veterinarians and practitionersin such *uantities as the 3oard ma! authori$e. n

emergenc! cases% however% as the 3oard ma!

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 61 da!s after issuing such prescription%

inform the DB of the same in writing. ?o

prescription once served b! the drugstore or

pharmac! be reused nor an! prescription once issued

be relled.

c1 All manufacturers% wholesalers% distributors%

importers% dealers and retailers of dangerous drugs

andor controlled precursors and essential chemicalsshall keep a record of all inventories% sales%

purchases% ac*uisitions and deliveries of the same as

well as the names% addresses and licenses of the

persons from whom such items were purchased or

ac*uired or to whom such items were sold or

delivered% the name and *uantit! of the same and

the date of the transactions. uch records ma! be

sub)ected an!time for review b! the 3oard.

A+TC,- 8:articipation of the amil!% tudents% Teachers and choolAuthorities in the -nforcement of this ActSe%&'(n "1. %nvolve!ent of the 2a!ily . – The famil! being

the basic unit of the ilipino societ! shall be primaril!responsible for the education and awareness of the members

of the famil! on the ill e&ects of dangerous drugs and close

monitoring of famil! members who ma! be susceptible to

drug abuse.

Se%&'(n "2. Student Councils and Ca!pus -rgani#ations. –

All elementar!% secondar! and tertiar! schools( student

councils and campus organi$ations shall include in their

activities a program for the prevention of and deterrence in

the use of dangerous drugs% and referral for treatment and

rehabilitation of students for drug dependence.

Se%&'(n "). School Curricula. – nstruction on drug abuse

prevention and control shall be integrated in the elementar!%secondar! and tertiar! curricula of all public and private

schools% whether general% technical% vocational or agro#

industrial as well as in non#formal% informal and indigenous

learning s!stems. uch instructions shall include/

;1 Adverse e&ects of the abuse and misuse of

dangerous drugs on the person% the famil!% the

school and the communit!G

21 :reventive measures against drug abuseG

61 Bealth% socio#cultural% ps!chological% legal and

economic dimensions and implications of the drug

problemG

71 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

dependentsG and

H1 Fisconceptions about the use of dangerous drugs

such as% but not limited to% the importance andsafet! of dangerous drugs for medical and

therapeutic use as well as the di&erentiation

between medical patients and drug dependents in

order to avoid confusion and accidental

stigmati$ation in the consciousness of the students.

Se%&'(n "". Heads" Supervisors" and Teachers of Schools. –

or the purpose of enforcing the provisions 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 to ection H% +ule ;;6 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 o'cial capacit! as school

heads% supervisors% and teachers.

An! teacher or school emplo!ee% who discovers or nds 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 the proper 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 su'cient cause for disciplinar! action b! the school

authorities.

Se%&'(n "5. Publication and Distribution of *aterials on

Dangerous Drugs. – ith the assistance of the 3oard% the

ecretar! of the Department of -ducation Dep-d1% the

Chairman of the Commission on Bigher -ducation CB-D1 and

the Director#Ieneral of the Technical -ducation and kills

Development Authorit! T-DA1 shall cause the development%

publication and distribution of information and support

educational materials on dangerous drugs to the students% the

facult!% the parents% and the communit!.

Se%&'(n "6. Special Drug 'ducation Center . – ith theassistance of the 3oard% the Department of the nterior and

,ocal Iovernment D,I1% the ?ational Louth Commission

?LC1% and the Department of ocial elfare and

Development DD1 shall establish in each of its provincial

o'ce a special education drug center for out#of#school !outh

and street children. uch Center which shall be headed b! the

:rovincial ocial. elfare Development 'cer shall sponsor

drug 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 e&ects of

drug abuse. The programs initiated b! the Center shall

likewise be adopted in all public and private orphanage and

e9isting special centers for street children.

A+TC,- 8:romotion of a ?ational Drug#ree orkplace :rogram iththe :articipation of :rivate and ,abor ectors and theDepartment of ,abor and -mplo!mentSe%&'(n "7. Drug(2ree ;or4place. – t is deemed a polic! of

the tate to promote drug#free workplaces using a tripartite

approach. ith the assistance of the 3oard% the Department

of ,abor and -mplo!ment D,-1 shall develop% promote and

implement a national drug abuse prevention program in the

workplace to be adopted b! private companies with ten ;01

or more emplo!ees. uch program shall include the

mandator! drafting and adoption of compan! policies against


10/19

drug use in the workplace in close consultation and

coordination with the D,-% labor and emplo!er

organi$ations% human resource development managers and

other such private sector organi$ations.

Se%&'(n "*. uidelines for the 5ational Drug(2ree ;or4place

Progra!. – The 3oard and the D,- 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 in the annual

Ieneral Appropriations Act.

A+TC,- 8:articipation of the :rivate and ,abor ectors in the-nforcement of this ActSe%&'(n "9. abor -rgani#ations and the Private Sector . – All

labor unions% federations% associations% or organi$ations in

cooperation with the respective private sector partners shall

include in their collective bargaining or an! similar

agreements% )oint continuing programs and information

campaigns for the laborers similar to the programs provided

under ection 74 of this Act with the end in view of achieving

a drug free workplace.

Se%&'(n 50. overn!ent )ssistance. – The labor sector andthe respective partners ma!% in pursuit 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.

A+TC,- 8:articipation of ,ocal Iovernment >nitsSe%&'(n 51. ocal overn!ent /nits< )ssistance. – ,ocal

government units shall appropriate a substantial portion of

their respective annual budgets to assist in or enhance the

enforcement of this Act giving priorit! to preventive or

educational programs and the rehabilitation or treatment of

drug dependents.

Se%&'(n 52. )bate!ent of Drug Related Public 5uisances. –

An! place or premises which have been 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 the following

procedures/

;1 An! cit! or municipalit! ma!% b! ordinance%

create an administrative board to hear complaints

regarding the nuisancesG

21 an! emplo!ee% o'cer% or resident of the cit! or

municipalit! ma! bring a complaint before the 3oard

after giving not less than three 61 da!s written

notice of such complaint to the owner of the place or

premises at hisher last known addressG and

61 After hearing in which the 3oard ma! consider

an! evidence% including evidence of the general

reputation of the place or premises% and at which the

owner of the premises shall have an opportunit! to

present evidence in hisher defense% the 3oard ma!

declare the place or premises to be a public

nuisance.

Se%&'(n 5). '7ect of Board Declaration. – f the 3oarddeclares 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 e9pire after one ;1

!ear or at such earlier time as stated in the order. The 3oard

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.

A+TC,- 8:rogram for Treatment and +ehabilitation of Drug DependentsSe%&'(n 5". +oluntary Sub!ission of a Drug Dependent to

Conne!ent" Treat!ent and Rehabilitation. – A drug

dependent or an! person who violates ection ;H of this Act

ma!% b! himselfherself or through hisher parent% spouse%

guardian or relative within the fourth degree of consanguinit!

or a'nit!% appl! to the 3oard or its dul! recogni$edrepresentative% for treatment and rehabilitation of the drug

dependenc!. >pon such application% the 3oard shall bring

forth the matter to the Court which shall order that the

applicant be e9amined for drug dependenc!. f the

e9amination b! a DB#accredited ph!sician results in the

issuance of a certication that the applicant is a drug

dependent% heshe shall be ordered b! the Court to undergo

treatment and rehabilitation in a Center designated b! the

3oard for a period of not less than si9 @1 months/ Provided%

That a drug dependent ma! be placed under the care of a

DB#accredited ph!sician where there is no Center near or

accessible to the residence of the drug dependent or where

said drug dependent is below eighteen ;=1 !ears of age and

is a rst#time o&ender and non#connement in a Center will

not pose a serious danger to hisher famil! or the communit!.

Connement in a Center for treatment and rehabilitation shall

not e9ceed one ;1 !ear% after which time the Court% as well as

the 3oard% shall be apprised b! the head of the treatment and

rehabilitation center of the status of said drug dependent and

determine whether further connement will be for the welfare

of the drug dependent and hisher famil! or the communit!.

Se%&'(n 55. ':e!ption fro! the Cri!inal iability /nder the

+oluntary Sub!ission Progra!. A drug dependent under the

voluntar! submission program% who is nall! discharged from

connement% shall be e9empt from the criminal liabilit! under

ection ;H of this act sub)ect to the following conditions/

;1 Beshe has complied with the rules and regulations of thecenter% the applicable rules and regulations of the 3oard%including the after#care and follow#up program for at leasteighteen ;=1 months following temporar! discharge fromconnement in the Center or% in the case of a dependentplaced under the care of the DB#accredited ph!sician% theafter#care program and follow#up schedule formulated b! theDD and approved b! the 3oard/ Provided% That capabilit!#building of local government social workers shall beundertaken b! the DDG21 Beshe has never been charged or convicted of an!o&ense punishable under this Act% the Dangerous Drugs Act of ;pon certication of the Center that the drug

dependent within the voluntar! submission program ma! be

temporaril! released% the Court shall order hisher release on

condition that said drug dependent shall report to the DB for

after#care and follow#up treatment% including urine testing% for

a period not e9ceeding eighteen ;=1 months under suchterms and conditions that the Court ma! impose.

f during the period of after#care and follow#up% the drug

dependent is certied to be rehabilitated% heshe ma! be

discharged b! the Court% sub)ect to the provisions of ection

HH of this Act% without pre)udice to the outcome of an!

pending case led in court.

Bowever% should the DB nd that during the initial after#care

and follow#up program of eighteen ;=1 months% the drug

dependent re*uires further treatment and rehabilitation in the


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Center% heshe shall be recommitted to the Center for

connement. Thereafter% heshe ma! again be certied for

temporar! release and ordered released for another after#care

and follow#up program pursuant to this ection.

Se%&'(n 57. Probation and Co!!unity Service /nder the

+oluntary Sub!ission Progra!. – A drug dependent who is

discharged as rehabilitated b! the DB#accredited Center

through the voluntar! submission program% but does not

*ualif! for e9emption from criminal liabilit! under ection HH

of this Act% ma! be charged under the provisions of this Act%but shall be placed on probation and undergo a communit!

service in lieu of imprisonment andor ne in the discretion of

the court% without pre)udice to the outcome of an! pending

case led in court.

uch drug dependent shall undergo communit! service as

part of hisher after#care and follow#up program% which ma!

be done in coordination with nongovernmental civil

organi$ations accredited b! the DD% with the

recommendation of the 3oard.

Se%&'(n 5*. 2iling of Charges )gainst a Drug Dependent ;ho

is 5ot Rehabilitated /nder the +oluntary Sub!ission Progra!.

– A drug dependent% who is not rehabilitated after the second

commitment to the Center under the voluntar! submission

program% shall% upon recommendation of the 3oard% be

charged for violation of ection ;H of this Act and prosecuted

like an! other o&ender. f convicted% heshe shall be credited

for the period of connement and rehabilitation in the Center

in the service of hisher sentence.

Se%&'(n 59. 'scape and Reco!!it!ent for Conne!ent and

Rehabilitation /nder the +oluntary Sub!ission Progra!. –

hould a drug dependent under the voluntar! submission

program escape from the Center% heshe ma! submit

himselfherself for recommitment within one ;1 week

therefrom% or hisher parent% spouse% guardian or relative

within the fourth degree of consanguinit! or a'nit! ma!%

within said period% surrender him for recommitment% in which

case the corresponding order shall be issued b! the 3oard.

hould the escapee fail to submit himselfherself or be

surrendered after one ;1 week% the 3oard shall appl! to the

court for a recommitment order upon proof of previous

commitment or hisher voluntar! submission b! the 3oard%

the court ma! issue an order for recommitment within one ;1

week.

f% subse*uent to a recommitment% the dependent once again

escapes from connement% heshe shall be charged for

violation of ection ;H of this Act and he sub)ected undersection @; of this Act% either upon order of the 3oard or upon

order of the court% as the case ma! be.

Se%&'(n 60. Condentiality of Records /nder the +oluntary

Sub!ission Progra!. – Judicial and medical records of drug

dependents under the voluntar! submission program shall be

condential and shall not be used against him for an!

purpose% e9cept to determine how man! times% b!

himselfherself or through hisher parent% spouse% guardian or

relative within the fourth degree of consanguinit! or a'nit!%

heshe voluntaril! submitted himselfherself for connement%

treatment and rehabilitation or has been committed to a

Center under this program.

Se%&'(n 61. Co!pulsory Conne!ent of a Drug Dependent

;ho Refuses to )pply /nder the +oluntary Sub!ission

Progra!. – ?otwithstanding an! law% rule and regulation to

the contrar!% an! person determined and found to be

dependent on dangerous drugs shall% upon petition b! the

3oard or an! of its authori$ed representative% be conned for

treatment and rehabilitation in an! Center dul! designated or

accredited for the purpose.

A petition for the connement of a person alleged to be

dependent on dangerous drugs to a Center ma! be led b!

an! person authori$ed b! the 3oard with the +egional Trial

Court of the province or cit! where such person is found.

After the petition is led% the court% b! an order% shall

immediatel! 9 a date for the hearing% and a cop! of such

order shall be served on the person alleged to be dependent

on dangerous drugs% and to the one having charge of him.

f after such hearing and the facts so warrant% the court shall

order the drug dependent to be e9amined b! two 21

ph!sicians accredited b! the 3oard. f both ph!siciansconclude that the respondent is not a drug dependent% the

court shall order hisher discharge. f either ph!sician nds

him to be a dependent% the court shall conduct a hearing and

consider all relevant evidence which ma! be o&ered. f the

court nds him a drug dependent% it shall issue an order for

hisher commitment to a treatment and rehabilitation center

under the supervision of the DB. n an! event% the order of

discharge or order of connement or commitment shall be

issued not later than fteen ;H1 da!s from the ling of the

appropriate petition.

Se%&'(n 62. Co!pulsory Sub!ission of a Drug Dependent

Charged 1ith an -7ense to Treat!ent and Rehabilitation. – f

a person charged with an o&ense where the imposable

penalt! is imprisonment of less than si9 @1 !ears and one ;1

da!% and is found b! the prosecutor or b! the court% at an!

stage of the proceedings% to be a drug dependent% the

prosecutor or the court as the case ma! be% shall suspend all

further proceedings and transmit copies of the record of the

case to the 3oard.

n the event he 3oard determines% after medical e9amination%

that public interest re*uires that such drug dependent be

committed to a center for treatment and rehabilitation% it shall

le a petition for hisher commitment with the regional trial

court of the province or cit! where heshe is being

investigated or tried/ Provided% That where a criminal case is

pending in court% such petition shall be led in the said court.

The court shall take )udicial notice of the prior proceedings in

the case and shall proceed to hear the petition. f the court

nds him to be a drug dependent% it shall order hisher

commitment to a Center for treatment and rehabilitation. The

head of said Center shall submit to the court ever! four 71

months% or as often as the court ma! re*uire% a written report

on the progress of the treatment. f the dependent is

rehabilitated% as certied b! the center and the 3oard% heshe

shall be returned to the court% which committed him% for

hisher discharge therefrom.

Thereafter% hisher prosecution for an! o&ense punishable b!

law shall be instituted or shall continue% as the case ma! be.

n case of conviction% the )udgment shall% if the accused is

certied b! the treatment and rehabilitation center to have

maintained good behavior% indicate that heshe shall be given

full credit for the period heshe was conned in the

Center/ Provided" ho1ever % That when the o&ense is for

violation of ection ;H of this Act and the accused is not a

recidivist% the penalt! thereof shall be deemed to have been

served in the Center upon hisher release therefrom after

certication b! the Center and the 3oard that heshe is

rehabilitated.

Se%&'(n 6). Prescription of the -7ense Charged )gainst a

Drug Dependent /nder the Co!pulsory Sub!ission Progra!.

– The period of prescription of the o&ense charged against a

drug dependent under the compulsor! submission program

shall not run during the time that the drug dependent is under

connement in a Center or otherwise under the treatment and

rehabilitation program approved b! the 3oard.

>pon certication of the Center that heshe ma! temporaril!

be discharged from the said Center% the court shall order

hisher release on condition that heshe shall report to the

3oard through the DB for after#care and follow#up treatment

for a period not e9ceeding eighteen ;=1 months under such

terms and conditions as ma! be imposed b! the 3oard.


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f at an!time during the after#care and follow#up period% the

3oard certies to hisher complete rehabilitation% the court

shall order hisher nal discharge from connement and order

for the immediate resumption of the trial of the case for which

heshe is originall! charged. hould the 3oard through the

DB nd at an!time during the after#care and follow#up

period that heshe re*uires further treatment and

rehabilitation% it shall report to the court% which shall order

hisher recommitment to the Center.

hould the drug dependent% having been committed to aCenter upon petition b! the 3oard escape therefrom% heshe

ma! resubmit himselfherself for connement within one ;1

week from the date of hisher escapeG or hisher parent%

spouse% guardian or relative within the fourth degree of

consanguinit! or a'nit! ma!% within the same period%

surrender him for recommitment. f% however% the drug

dependent does not resubmit himselfherself for connement

or heshe is not surrendered for recommitment% the 3oard

ma! appl! with the court for the issuance of the

recommitment order. >pon proof of previous commitment% the

court shall issue an order for recommitment. f% subse*uent to

such recommitment% heshe should escape again% heshe shall

no longer be e9empt from criminal liabilit! for use of an!

dangerous drug.

A drug dependent committed under this particular ection

who is nall! discharged from connement shall be e9empt

from criminal liabilit! under ection ;H of this Act% without

pre)udice to the outcome of an! pending case led 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% su&er the same penalties

provided for under ection ;H of this Act again without

pre)udice to the outcome of an! pending case led in court.

Se%&'(n 6". Condentiality of Records /nder the Co!pulsory

Sub!ission Progra!. – The records of a drug dependent who

was rehabilitated and discharged from the Center under thecompulsor! submission program% or who was charged for

violation of ection ;H of this Act% shall be covered b! ection

@0 of this Act. Bowever% the records of a drug dependent who

was not rehabilitated% or who escaped but did not surrender

himselfherself within the prescribed period% shall be

forwarded to the court and their use shall be determined b!

the court% taking into consideration public interest and the

welfare of the drug dependent.

Se%&'(n 65. 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.

Se%&'(n 66. Suspension of Sentence of a 2irst(Ti!e *inor

-7ender . – An accused who is over fteen ;H1 !ears of age at

the time of the commission of the o&ense mentioned in

ection ;; of this Act% but not more than eighteen ;=1 !ears

of age at the time when )udgment should have been

promulgated after having been found guilt! of said o&ense%

ma! be given the benets of a suspended sentence% sub)ect

to the following conditions/

a1 Beshe has not been previousl! convicted of violating an!provision of this Act% or of the Dangerous Drugs Act of ;pon recommendation of the 3oard% the court ma! commit

the accused under suspended sentence to a Center% or to the

care of a DB#accredited ph!sician for at least si9 @1 months%

with after#care and follow#up program for not more than

eighteen ;=1 months.

n the case of minors under fteen ;H1 !ears of age at the

time of the commission of an! o&ense penali$ed under this

Act% Article ;


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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.

Se%&'(n 71. Records to be 4ept by the Depart!ent of 9ustice.

– The DJ shall keep a condential record of the proceedings

on suspension of sentence and shall not be used for an!

purpose other than to determine whether or not a person

accused under this Act is a rst#time minor o&ender.

Se%&'(n 72. iability of a Person ;ho +iolates the

Condentiality of Records. – The penalt! of imprisonment

ranging from si9 @1 months and one ;1 da! to si9 @1 !ears

and a ne ranging from ne thousand pesos :;%000.001 to

i9 thousand pesos :@%000.001% shall be imposed upon an!

person who% having o'cial custod! of or access to the

condential records of an! drug dependent under voluntar!

submission programs% or an!one who% having gained

possession of said records% whether lawfull! or not% reveals

their content to an! person other than those charged with the

prosecution of the o&enses under this Act and its

implementation. The ma9imum penalt! shall be imposed% in

addition to absolute perpetual dis*ualication from an! public

o'ce% when the o&ender is a government o'cial oremplo!ee. hould the records be used for unlawful purposes%

such as blackmail of the drug dependent or the members of

hisher famil!% the penalt! imposed for the crime of violation

of condentialit! shall be in addition to whatever crime heshe

ma! be convicted of.

Se%&'(n 7). iability of a Parent" Spouse or uardian ;ho

Refuses to Cooperate 1ith the Board or any Concerned

)gency. – An! parent% spouse or guardian who% without valid

reason% refuses to cooperate with the 3oard or an! concerned

agenc! in the treatment and rehabilitation of a drug

dependent 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 undervoluntar! submission program or compulsor! submission

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

Se%&'(n 7". Cost(Sharing in the Treat!ent and Rehabilitation

of a Drug Dependent. – The parent% spouse% guardian or an!

relative within the fourth degree of consanguinit! of an!

person who is conned under the voluntar! submission

program or compulsor! submission program shall be charged

a certain percentage of the cost of hisher treatment and

rehabilitation% the guidelines of which shall be formulated b!

the DD taking into consideration the economic status of

the famil! of the person conned. The guidelines therein

formulated shall be implemented b! a social worker of the

local government unit.

Se%&'(n 75. Treat!ent and Rehabilitation Centers. – The

e9isting treatment and rehabilitation centers for drug

dependents operated and maintained b! the ?3 and the :?:

shall be operated% maintained and managed b! the DB in

coordination with other concerned agencies. or the purpose

of enlarging the network of centers% the 3oard through the

DB shall encourage% promote or whenever feasible% assist or

support in the establishment% operations and maintenance of

private centers which shall be eligible to receive grants%

donations or subsid! from either government or private

sources. t shall also support the establishment of

government#operated regional treatment and rehabilitation

centers depending upon the availabilit! of funds. The national

government% through its appropriate agencies shall give

priorit! funding for the increase of subsid! to e9isting

government drug rehabilitation centers% and shall establish at

least one ;1 drug rehabilitation center in each province%

depending on the availabilit! of funds.

Se%&'(n 76. The Duties and +esponsibilities of theDepartment of health DB1 >nder this Act. – The DB shall/;1 versee the monitor the integration% coordination andsupervision of all drug rehabilitation% intervention% after#careand follow#up programs% pro)ects and activities as well as the

establishment% operations% maintenance and management ofprivatel!#owned drug treatment rehabilitation centers anddrug testing networks and laboratories throughout the countr!in coordination with the DD and other agenciesG21 ,icense% accredit% establish and maintain drug test networkand laborator!% initiate% conduct and support scienticresearch on drugs and drug controlG61 -ncourage% assist and accredit private centers% promulgaterules and regulations setting minimum standards for theiraccreditation to assure their competence% integrit! andstabilit!G71 :rescribe and promulgate rules and regulations governing

the establishment of such Centers as it ma! deem necessar!after conducting a feasibilit! stud! thereofGH1 The DB shall% without pre)udice to the criminalprosecution of those found guilt! of violating this Act% orderthe closure of a Center for treatment and rehabilitation ofdrug dependenc! when% after investigation it is found guilt! of violating the provisions of this Act or regulations issued b! the3oardG and@1 Charge reasonable fees for drug dependenc!e9aminations% other medical and legal services provided tothe public% which shall accrue to the 3oard. All income derivedfrom these sources shall be part of the funds constit

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