7) Ethics
7) Ethics
— MIDTERM —                                                                        Section 3. Definitions. As used in this Act, the following terms shall
                                                                                   mean:
 1.0     STANDARDS OF PHARMACY PRACTICE                                                (a) Administer. – Any act of introducing any dangerous drug into
                                                                                            the body of any person, with or without his/her knowledge, by
                                                                                            injection, inhalation, ingestion or other means, or of
                                                                                            committing any act of indispensable assistance to a person in
                                                                                            administering a dangerous drug to himself/herself unless
  1.1     RA 9165 "Comprehensive Dangerous                                                  administered by a duly licensed practitioner for purposes of
          Drugs Act of 2002"                                                                medication.
                                                                                       (b) Board. - Refers to the Dangerous Drugs Board under Section
                                                                                            77, Article IX of this Act.
                       Republic of the Philippines                                     (c) Centers. - Any of the treatment and rehabilitation centers for
                       Congress of the Philippines                                          drug dependents referred to in Section 34, Article VIII of this
                             Metro Manila                                                   Act.
                                                                                       (d) Chemical Diversion. – The sale, distribution, supply or
                             Twelfth Congress                                               transport of legitimately imported, in-transit, manufactured or
                                                                                            procured controlled precursors and essential chemicals, in
                           First Regular Session                                            diluted, mixtures or in concentrated form, to any person or
                                                                                            entity engaged in the manufacture of any dangerous drug, and
 Begun and held in Metro Manila, on Monday, the twenty-third day of July,                   shall include packaging, repackaging, labeling, relabeling or
                          two thousand one.                                                 concealment of such transaction through fraud, destruction of
                                                                                            documents, fraudulent use of permits, misdeclaration, use of
                                                                                            front companies or mail fraud.
     REPUBLIC ACT NO. 9165     June 7, 2002                                            (e) Clandestine Laboratory. – Any facility used for the illegal
AN   ACT     INSTITUTING   THE  COMPREHENSIVE                                               manufacture of any dangerous drug and/or controlled
DANGEROUS DRUGS ACT OF 2002, REPEALING REPUBLIC                                             precursor and essential chemical.
                                                                                       (f) Confirmatory Test. – An analytical test using a device, tool or
ACT NO. 6425, OTHERWISE KNOWN AS THE DANGEROUS
                                                                                            equipment with a different chemical or physical principle that
DRUGS ACT OF 1972, AS AMENDED, PROVIDING FUNDS                                              is more specific which will validate and confirm the result of
THEREFOR, AND FOR OTHER PURPOSES                                                            the screening test.
                                                                                       (g) Controlled Delivery. – The investigative technique of allowing
Be it enacted by the Senate and House of Representatives of the                             an unlawful or suspect consignment of any dangerous drug
Philippines in Congress                                                                     and/or controlled precursor and essential chemical, equipment
                                                                                            or paraphernalia, or property believed to be derived directly or
Section 1. Title. This Act shall be known as the "Comprehensive                             indirectly from any offense, to pass into, through or out of the
Dangerous Drugs Act of 2002."                                                               country under the supervision of an authorized officer, with a
                                                                                            view to gathering evidence to identify any person involved in
                                                                                            any dangerous drugs related offense, or to facilitate
Section 2. Declaration of Policy. – It is the policy of the State to
                                                                                            prosecution of that offense.
safeguard the integrity of its territory and the well-being of its citizenry,
                                                                                       (h) Controlled Precursors and Essential Chemicals. – Include
particularly the youth, from the harmful effects of dangerous drugs on
                                                                                            those listed in Tables I and II of the 1988 UN Convention
their physical and mental well-being, and to defend the same against
                                                                                            Against Illicit Traffic in Narcotic Drugs and Psychotropic
acts or omissions detrimental to their development and preservation. In
                                                                                            Substances as enumerated in the attached annex, which is an
view of the foregoing, the State needs to enhance further the efficacy of
                                                                                            integral part of this Act.
the law against dangerous drugs, it being one of today's more serious
                                                                                       (i) Cultivate or Culture. – Any act of knowingly planting, growing,
social ills.
                                                                                            raising, or permitting the planting, growing or raising of any
Toward this end, the government shall pursue an intensive and
                                                                                            plant which is the source of a dangerous drug.
unrelenting campaign against the trafficking and use of dangerous drugs
                                                                                       (j) Dangerous Drugs. – Include those listed in the Schedules
and other similar substances through an integrated system of planning,
                                                                                            annexed to the 1961 Single Convention on Narcotic Drugs, as
implementation and enforcement of anti-drug abuse policies, programs,
                                                                                            amended by the 1972 Protocol, and in the Schedules annexed
and projects. The government shall however aim to achieve a balance in
                                                                                            to the 1971 Single Convention on Psychotropic Substances as
the national drug control program so that people with legitimate medical
                                                                                            enumerated in the attached annex which is an integral part of
needs are not prevented from being treated with adequate amounts of
                                                                                            this Act.
appropriate medications, which include the use of dangerous drugs.
                                                                                       (k) Deliver. – Any act of knowingly passing a dangerous drug to
It is further declared the policy of the State to provide effective
                                                                                            another, personally or otherwise, and by any means, with or
mechanisms or measures to re-integrate into society individuals who
                                                                                            without consideration.
have fallen victims to drug abuse or dangerous drug dependence through
                                                                                       (l) Den, Dive or Resort. – A place where any dangerous drug
sustainable programs of treatment and rehabilitation.
                                                                                            and/or controlled precursor and essential chemical is
                                                                                            administered, delivered, stored for illegal purposes, distributed,
                              ARTICLE I                                                     sold or used in any form.
                          Definition of terms
 (m) Dispense. – Any act of giving away, selling or distributing                      fruiting tops, or any part or portion of the plant and seeds
      medicine or any dangerous drug with or without the use of                        thereof, and all its geographic varieties, whether as a reefer,
      prescription.                                                                    resin, extract, tincture or in any form whatsoever.
 (n) Drug Dependence. – As based on the World Health                            (w) Methylenedioxymethamphetamine (MDMA) or commonly
      Organization definition, it is a cluster of physiological,                       known as "Ecstasy", or by its any other name. – Refers to the
      behavioral and cognitive phenomena of variable intensity, in                     drug having such chemical composition, including any of its
      which the use of psychoactive drug takes on a high priority                      isomers or derivatives in any form.
      thereby involving, among others, a strong desire or a sense of             (x) Methamphetamine Hydrochloride or commonly known as
      compulsion to take the substance and the difficulties in                         "Shabu", "Ice", "Meth", or by its any other name. – Refers to the
      controlling substance-taking behavior in terms of its onset,                     drug having such chemical composition, including any of its
      termination, or levels of use.                                                   isomers or derivatives in any form.
 (o) Drug Syndicate. – Any organized group of two (2) or more                   (y) Opium. – Refers to the coagulated juice of the opium poppy
      persons forming or joining together with the intention of                        (Papaver somniferum L.) and embraces every kind, class and
      committing any offense prescribed under this Act.                                character of opium, whether crude or prepared; the ashes or
 (p) Employee of Den, Dive or Resort. – The caretaker, helper,                        refuse of the same; narcotic preparations thereof or therefrom;
      watchman, lookout, and other persons working in the den, dive                    morphine or any alkaloid of opium; preparations in which
      or resort, employed by the maintainer, owner and/or operator                     opium, morphine or any alkaloid of opium enters as an
      where any dangerous drug and/or controlled precursor and                         ingredient; opium poppy; opium poppy straw; and leaves or
      essential chemical is administered, delivered, distributed, sold                 wrappings of opium leaves, whether prepared for use or not.
      or used, with or without compensation, in connection with the              (z) Opium Poppy. – Refers to any part of the plant of the species
      operation thereof.                                                               Papaver somniferum L., Papaver setigerum DC, Papaver
 (q) Financier. – Any person who pays for, raises or supplies money                   orientale, Papaver bracteatum and Papaver rhoeas, which
      for, or underwrites any of the illegal activities prescribed under               includes the seeds, straws, branches, leaves or any part
      this Act.                                                                        thereof, or substances derived therefrom, even for floral,
 (r) Illegal Trafficking. – The illegal cultivation, culture, delivery,               decorative and culinary purposes.
      administration, dispensation, manufacture, sale, trading,                  (aa) PDEA. – Refers to the Philippine Drug Enforcement Agency
      transportation, distribution, importation, exportation and                       under Section 82, Article IX of this Act.
      possession of any dangerous drug and/or controlled precursor               (bb) Person. – Any entity, natural or juridical, including among
      and essential chemical.                                                          others, a corporation, partnership, trust or estate, joint stock
 (s) Instrument. – Any thing that is used in or intended to be used                   company, association, syndicate, joint venture or other
      in any manner in the commission of illegal drug trafficking or                   unincorporated organization or group capable of acquiring
      related offenses.                                                                rights or entering into obligations.
 (t) Laboratory Equipment. – The paraphernalia, apparatus,                      (cc) Planting of Evidence. – The willful act by any person of
      materials or appliances when used, intended for use or                           maliciously and surreptitiously inserting, placing, adding or
      designed for use in the manufacture of any dangerous drug                        attaching directly or indirectly, through any overt or covert act,
      and/or controlled precursor and essential chemical, such as                      whatever quantity of any dangerous drug and/or controlled
      reaction vessel, preparative/purifying equipment, fermentors,                    precursor and essential chemical in the person, house, effects
      separatory funnel, flask, heating mantle, gas generator, or their                or in the immediate vicinity of an innocent individual for the
      substitute.                                                                      purpose of implicating, incriminating or imputing the
 (u) Manufacture. – The production, preparation, compounding or                       commission of any violation of this Act.
      processing of any dangerous drug and/or controlled precursor               (dd) Practitioner. – Any person who is a licensed physician, dentist,
      and essential chemical, either directly or indirectly or by                      chemist, medical technologist, nurse, midwife, veterinarian or
      extraction from substances of natural origin, or independently                   pharmacist in the Philippines.
      by means of chemical synthesis or by a combination of                      (ee) Protector/Coddler. – Any person who knowingly and willfully
      extraction and chemical synthesis, and shall include any                         consents to the unlawful acts provided for in this Act and uses
      packaging or repackaging of such substances, design or                           his/her influence, power or position in shielding, harboring,
      configuration of its form, or labeling or relabeling of its                      screening or facilitating the escape of any person he/she
      container; except that such terms do not include the                             knows, or has reasonable grounds to believe on or suspects,
      preparation, compounding, packaging or labeling of a drug or                     has violated the provisions of this Act in order to prevent the
      other substances by a duly authorized practitioner as an                         arrest, prosecution and conviction of the violator.
      incident to his/her administration or dispensation of such drug            (ff) Pusher. – Any person who sells, trades, administers,
      or substance in the course of his/her professional practice                      dispenses, delivers or gives away to another, on any terms
      including research, teaching and chemical analysis of                            whatsoever, or distributes, dispatches in transit or transports
      dangerous drugs or such substances that are not intended for                     dangerous drugs or who acts as a broker in any of such
      sale or for any other purpose.                                                   transactions, in violation of this Act.
 (v) Cannabis or commonly known as "Marijuana" or "Indian Hemp"                 (gg) School. – Any educational institution, private or public,
      or by its any other name. – Embraces every kind, class, genus,                   undertaking educational operation for pupils/students
      or specie of the plant Cannabis sativa L. including, but not                     pursuing certain studies at defined levels, receiving
      limited to, Cannabis americana, hashish, bhang, guaza, churrus                   instructions from teachers, usually located in a building or a
      and ganjab, and embraces every kind, class and character of                      group of buildings in a particular physical or cyber site.
      marijuana, whether dried or fresh and flowering, flowering or
     (hh) Screening Test. – A rapid test performed to establish                    The penalty of imprisonment ranging from twelve (12) years and one (1)
           potential/presumptive positive result.                                   day to twenty (20) years and a fine ranging from One hundred thousand
     (ii) Sell. – Any act of giving away any dangerous drug and/or                 pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00)
           controlled precursor and essential chemical whether for                  shall be imposed upon any person, who, unless authorized by law, shall
           money or any other consideration.                                        sell, trade, administer, dispense, deliver, give away to another, distribute,
     (jj) Trading. – Transactions involving the illegal trafficking of             dispatch in transit or transport any controlled precursor and essential
           dangerous drugs and/or controlled precursors and essential               chemical, or shall act as a broker in such transactions.
           chemicals using electronic devices such as, but not limited to,          If the sale, trading, administration, dispensation, delivery, distribution or
           text messages, email, mobile or landlines, two-way radios,               transportation of any dangerous drug and/or controlled precursor and
           internet, instant messengers and chat rooms or acting as a               essential chemical transpires within one hundred (100) meters from the
           broker in any of such transactions whether for money or any              school, the maximum penalty shall be imposed in every case.
           other consideration in violation of this Act.                            For drug pushers who use minors or mentally incapacitated individuals
     (kk) Use. – Any act of injecting, intravenously or intramuscularly, of        as runners, couriers and messengers, or in any other capacity directly
           consuming, either by chewing, smoking, sniffing, eating,                 connected to the dangerous drugs and/or controlled precursors and
           swallowing, drinking or otherwise introducing into the                   essential chemical trade, the maximum penalty shall be imposed in every
           physiological system of the body, and of the dangerous drugs.            case. If the victim of the offense is a minor or a mentally incapacitated
                                                                                    individual, or should a dangerous drug and/or a controlled precursor and
                       ARTICLE II                                                   essential chemical involved in any offense herein provided be the
                                                                                    proximate cause of death of a victim thereof, the maximum penalty
               Unlawful Acts and Penalties
                                                                                    provided for under this Section shall be imposed.
Section 4. Importation of Dangerous Drugs and/or                                    The maximum penalty provided for under this Section shall be imposed
Controlled Precursors and Essential Chemicals.- .The penalty                        upon any person who organizes, manages or acts as a "financier" of any
of life imprisonment to death and a ranging from Five hundred thousand              of the illegal activities prescribed in this Section.
pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be                  The penalty of twelve (12) years and one (1) day to twenty (20) years of
imposed upon any person, who, unless authorized by law, shall import or             imprisonment and a fine ranging from One hundred thousand pesos
bring into the Philippines any dangerous drug, regardless of the quantity           (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be
and purity involved, including any and all species of opium poppy or any            imposed upon any person, who acts as a "protector/coddler" of any
part thereof or substances derived therefrom even for floral, decorative            violator of the provisions under this Section.
and culinary purposes.
The penalty of imprisonment ranging from twelve (12) years and one (1)              Section 6. Maintenance of a Den, Dive or Resort. - The penalty
day to twenty (20) years and a fine ranging from One hundred thousand               of life imprisonment to death and a fine ranging from Five hundred
pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00)                    thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00)
shall be imposed upon any person, who, unless authorized by law, shall              shall be imposed upon any person or group of persons who shall
import any controlled precursor and essential chemical.                             maintain a den, dive or resort where any dangerous drug is used or sold
The maximum penalty provided for under this Section shall be imposed                in any form.
upon any person, who, unless authorized under this Act, shall import or             The penalty of imprisonment ranging from twelve (12) years and one (1)
bring into the Philippines any dangerous drug and/or controlled precursor           day to twenty (20) years and a fine ranging from One hundred thousand
and essential chemical through the use of a diplomatic passport,                    pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00)
diplomatic facilities or any other means involving his/her official status          shall be imposed upon any person or group of persons who shall
intended to facilitate the unlawful entry of the same. In addition, the             maintain a den, dive, or resort where any controlled precursor and
diplomatic passport shall be confiscated and canceled.                              essential chemical is used or sold in any form. The maximum penalty
The maximum penalty provided for under this Section shall be imposed                provided for under this Section shall be imposed in every case where any
upon any person, who organizes, manages or acts as a "financier" of any             dangerous drug is administered, delivered or sold to a minor who is
of the illegal activities prescribed in this Section. The penalty of twelve         allowed to use the same in such a place.
(12) years and one (1) day to twenty (20) years of imprisonment and a               Should any dangerous drug be the proximate cause of the death of a
fine ranging from One hundred thousand pesos (P100,000.00) to Five                  person using the same in such den, dive or resort, the penalty of death
hundred thousand pesos (P500,000.00) shall be imposed upon any                      and a fine ranging from One million (P1,000,000.00) to Fifteen million
person, who acts as a "protector/coddler" of any violator of the                    pesos (P500,000.00) shall be imposed on the maintainer, owner and/or
provisions under this Section.                                                      operator.
                                                                                    If such den, dive or resort is owned by a third person, the same shall be
Section 5. Sale, Trading, Administration, Dispensation,                             confiscated and escheated in favor of the government: Provided, That the
Delivery, Distribution and Transportation of Dangerous                              criminal complaint shall specifically allege that such place is intentionally
                                                                                    used in the furtherance of the crime: Provided, further, That the
Drugs and/or Controlled Precursors and Essential
                                                                                    prosecution shall prove such intent on the part of the owner to use the
Chemicals. - The penalty of life imprisonment to death and a fine                   property for such purpose: Provided, finally, That the owner shall be
ranging from Five hundred thousand pesos (P500,000.00) to Ten million               included as an accused in the criminal complaint.
pesos (P10,000,000.00) shall be imposed upon any person, who, unless                The maximum penalty provided for under this Section shall be imposed
authorized by law, shall sell, trade, administer, dispense, deliver, give away      upon any person who organizes, manages or acts as a "financier" of any
to another, distribute dispatch in transit or transport any dangerous drug,         of the illegal activities prescribed in this Section. The penalty twelve (12)
including any and all species of opium poppy regardless of the quantity             years and one (1) day to twenty (20) years of imprisonment and a fine
and purity involved, or shall act as a broker in any of such transactions.          ranging from One hundred thousand pesos (P100,000.00) to Five
hundred thousand pesos (P500,000.00) shall be imposed upon any                    Section 10. Manufacture or Delivery of Equipment,
person, who acts as a "protector/coddler" of any violator of the
                                                                                  Instrument, Apparatus, and Other Paraphernalia for
provisions under this Section.
                                                                                  Dangerous Drugs and/or Controlled Precursors and
Section 7. Employees and Visitors of a Den, Dive or Resort.                       Essential Chemicals. - The penalty of imprisonment ranging from
- The penalty of imprisonment ranging from twelve (12) years and one (1)          twelve (12) years and one (1) day to twenty (20) years and a fine ranging
day to twenty (20) years and a fine ranging from One hundred thousand             from One hundred thousand pesos (P100,000.00) to Five hundred
pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00)                  thousand pesos (P500,000.00) shall be imposed upon any person who
shall be imposed upon:                                                            shall deliver, possess with intent to deliver, or manufacture with intent to
      (a) Any employee of a den, dive or resort, who is aware of the             deliver equipment, instrument, apparatus and other paraphernalia for
           nature of the place as such; and                                       dangerous drugs, knowing, or under circumstances where one
      (b) Any person who, not being included in the provisions of the            reasonably should know, that it will be used to plant, propagate, cultivate,
           next preceding, paragraph, is aware of the nature of the place         grow, harvest, manufacture, compound, convert, produce, process,
           as such and shall knowingly visit the same                             prepare, test, analyze, pack, repack, store, contain or conceal any
                                                                                  dangerous drug and/or controlled precursor and essential chemical in
                                                                                  violation of this Act. The penalty of imprisonment ranging from six (6)
Section 8. Manufacture of Dangerous Drugs and/or
                                                                                  months and one (1) day to four (4) years and a fine ranging from Ten
Controlled Precursors and Essential Chemicals. - The                              thousand pesos (P10,000.00) to Fifty thousand pesos (P50,000.00) shall
penalty of life imprisonment to death and a fine ranging Five hundred             be imposed if it will be used to inject, ingest, inhale or otherwise
thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00)                introduce into the human body a dangerous drug in violation of this Act.
shall be imposed upon any person, who, unless authorized by law, shall            The maximum penalty provided for under this Section shall be imposed
engage in the manufacture of any dangerous drug.                                  upon any person, who uses a minor or a mentally incapacitated individual
The penalty of imprisonment ranging from twelve (12) years and one (1)            to deliver such equipment, instrument, apparatus and other paraphernalia
day to twenty (20) years and a fine ranging from One hundred thousand             for dangerous drugs.
pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00)
shall be imposed upon any person, who, unless authorized by law, shall
                                                                                  Section 11. Possession of Dangerous Drugs. - The penalty of
manufacture any controlled precursor and essential chemical.
                                                                                  life imprisonment to death and a fine ranging from Five hundred
The presence of any controlled precursor and essential chemical or
                                                                                  thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00)
laboratory equipment in the clandestine laboratory is a prima facie proof
                                                                                  shall be imposed upon any person, who, unless authorized by law, shall
of manufacture of any dangerous drug. It shall be considered an
                                                                                  possess any dangerous drug in the following quantities, regardless of the
aggravating circumstance if the clandestine laboratory is undertaken or
                                                                                  degree of purity thereof:
established under the following circumstances:
                                                                                        (1) 10 grams or more of opium;
      (a) Any phase of the manufacturing process was conducted in the
                                                                                        (2) 10 grams or more of morphine;
           presence or with the help of minor/s:
                                                                                        (3) 10 grams or more of heroin;
      (b) Any phase or manufacturing process was established or
                                                                                        (4) 10 grams or more of cocaine or cocaine hydrochloride;
           undertaken within one hundred (100) meters of a residential,
                                                                                        (5) 50 grams or more of methamphetamine hydrochloride or
           business, church or school premises;
                                                                                             "shabu";
      (c) Any clandestine laboratory was secured or protected with
                                                                                        (6) 10 grams or more of marijuana resin or marijuana resin oil;
           booby traps;
                                                                                        (7) 500 grams or more of marijuana; and
      (d) Any clandestine laboratory was concealed with legitimate
                                                                                        (8) 10 grams or more of other dangerous drugs such as, but not
           business operations; or
                                                                                             limited to, methylenedioxymethamphetamine (MDA) or
      (e) Any employment of a practitioner, chemical engineer, public
                                                                                             "ecstasy",          paramethoxyamphetamine              (PMA),
           official or foreigner. The maximum penalty provided for under
                                                                                             trimethoxyamphetamine (TMA), lysergic acid diethylamine
           this Section shall be imposed upon any person, who organizes,
                                                                                             (LSD), gamma hydroxyamphetamine (GHB), and those similarly
           manages or acts as a "financier" of any of the illegal activities
                                                                                             designed or newly introduced drugs and their derivatives,
           prescribed in this Section.
                                                                                             without having any therapeutic value or if the quantity
The penalty of twelve (12) years and one (1) day to twenty (20) years of
                                                                                             possessed is far beyond therapeutic requirements, as
imprisonment and a fine ranging from One hundred thousand pesos
                                                                                             determined and promulgated by the Board in accordance to
(P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be
                                                                                             Section 93, Article XI of this Act. Otherwise, if the quantity
imposed upon any person, who acts as a "protector/coddler" of any
                                                                                             involved is less than the foregoing quantities, the penalties
violator of the provisions under this Section.
                                                                                             shall be graduated as follows:
                                                                                        (1) Life imprisonment and a fine ranging from Four hundred
Section 9. Illegal Chemical Diversion of Controlled                                          thousand pesos (P400,000.00) to Five hundred thousand
Precursors and Essential Chemicals. - The penalty of                                         pesos (P500,000.00), if the quantity of methamphetamine
imprisonment ranging from twelve (12) years and one (1) day to twenty                        hydrochloride or "shabu" is ten (10) grams or more but less
(20) years and a fine ranging from One hundred thousand pesos                                than fifty (50) grams;
(P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be                     (2) Imprisonment of twenty (20) years and one (1) day to life
imposed upon any person, who, unless authorized by law, shall illegally                      imprisonment and a fine ranging from Four hundred thousand
divert any controlled precursor and essential chemical.                                      pesos (P400,000.00) to Five hundred thousand pesos
                                                                                             (P500,000.00), if the quantities of dangerous drugs are five (5)
                                                                                             grams or more but less than ten (10) grams of opium,
          morphine, heroin, cocaine or cocaine hydrochloride, marijuana         Section 15. Use of Dangerous Drugs. – A person apprehended
          resin or marijuana resin oil, methamphetamine hydrochloride           or arrested, who is found to be positive for use of any dangerous drug,
          or "shabu", or other dangerous drugs such as, but not limited         after a confirmatory test, shall be imposed a penalty of a minimum of six
          to, MDMA or "ecstasy", PMA, TMA, LSD, GHB, and those                  (6) months rehabilitation in a government center for the first offense,
          similarly designed or newly introduced drugs and their                subject to the provisions of Article VIII of this Act. If apprehended using
          derivatives, without having any therapeutic value or if the           any dangerous drug for the second time, he/she shall suffer the penalty
          quantity possessed is far beyond therapeutic requirements; or         of imprisonment ranging from six (6) years and one (1) day to twelve (12)
          three hundred (300) grams or more but less than five (hundred)        years and a fine ranging from Fifty thousand pesos (P50,000.00) to Two
          500) grams of marijuana; and                                          hundred thousand pesos (P200,000.00): Provided, That this Section shall
     (3) Imprisonment of twelve (12) years and one (1) day to twenty           not be applicable where the person tested is also found to have in his/her
          (20) years and a fine ranging from Three hundred thousand             possession such quantity of any dangerous drug provided for under
          pesos (P300,000.00) to Four hundred thousand pesos                    Section 11 of this Act, in which case the provisions stated therein shall
          (P400,000.00), if the quantities of dangerous drugs are less          apply.
          than five (5) grams of opium, morphine, heroin, cocaine or
          cocaine hydrochloride, marijuana resin or marijuana resin oil,
                                                                                Section 16. Cultivation or Culture of Plants Classified as
          methamphetamine hydrochloride or "shabu", or other
          dangerous drugs such as, but not limited to, MDMA or                  Dangerous Drugs or are Sources Thereof. - The penalty of life
          "ecstasy", PMA, TMA, LSD, GHB, and those similarly designed           imprisonment to death and a fine ranging from Five hundred thousand
          or newly introduced drugs and their derivatives, without having       pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be
          any therapeutic value or if the quantity possessed is far beyond      imposed upon any person, who shall plant, cultivate or culture marijuana,
          therapeutic requirements; or less than three hundred (300)            opium poppy or any other plant regardless of quantity, which is or may
          grams of marijuana.                                                   hereafter be classified as a dangerous drug or as a source from which
                                                                                any dangerous drug may be manufactured or derived: Provided, That in
                                                                                the case of medical laboratories and medical research centers which
Section 12. Possession of Equipment, Instrument,
                                                                                cultivate or culture marijuana, opium poppy and other plants, or materials
Apparatus and Other Paraphernalia for Dangerous Drugs. -                        of such dangerous drugs for medical experiments and research
The penalty of imprisonment ranging from six (6) months and one (1)             purposes, or for the creation of new types of medicine, the Board shall
day to four (4) years and a fine ranging from Ten thousand pesos                prescribe the necessary implementing guidelines for the proper
(P10,000.00) to Fifty thousand pesos (P50,000.00) shall be imposed              cultivation, culture, handling, experimentation and disposal of such
upon any person, who, unless authorized by law, shall possess or have           plants and materials.
under his/her control any equipment, instrument, apparatus and other            The land or portions thereof and/or greenhouses on which any of said
paraphernalia fit or intended for smoking, consuming, administering,            plants is cultivated or cultured shall be confiscated and escheated in
injecting, ingesting, or introducing any dangerous drug into the body:          favor of the State, unless the owner thereof can prove lack of knowledge
Provided, That in the case of medical practitioners and various                 of such cultivation or culture despite the exercise of due diligence on
professionals who are required to carry such equipment, instrument,             his/her part. If the land involved is part of the public domain, the
apparatus and other paraphernalia in the practice of their profession, the      maximum penalty provided for under this Section shall be imposed upon
Board shall prescribe the necessary implementing guidelines thereof.            the offender.
The possession of such equipment, instrument, apparatus and other               The maximum penalty provided for under this Section shall be imposed
paraphernalia fit or intended for any of the purposes enumerated in the         upon any person, who organizes, manages or acts as a "financier" of any
preceding paragraph shall be prima facie evidence that the possessor            of the illegal activities prescribed in this Section. The penalty of twelve
has smoked, consumed, administered to himself/herself, injected,                (12) years and one (1) day to twenty (20) years of imprisonment and a
ingested or used a dangerous drug and shall be presumed to have                 fine ranging from One hundred thousand pesos (P100,000.00) to Five
violated Section 15 of this Act.                                                hundred thousand pesos (P500,000.00) shall be imposed upon any
                                                                                person, who acts as a "protector/coddler" of any violator of the
Section 13. Possession of Dangerous Drugs During                                provisions under this Section.
Parties, Social Gatherings or Meetings. – Any person found
possessing any dangerous drug during a party, or at a social gathering or       Section 17. Maintenance and Keeping of Original Records
meeting, or in the proximate company of at least two (2) persons, shall         of Transactions on Dangerous Drugs and/or Controlled
suffer the maximum penalties provided for in Section 11 of this Act,
                                                                                Precursors and Essential Chemicals. - The penalty of
regardless of the quantity and purity of such dangerous drugs.
                                                                                imprisonment ranging from one (1) year and one (1) day to six (6) years
                                                                                and a fine ranging from Ten thousand pesos (P10,000.00) to Fifty
Section 14. Possession of Equipment, Instrument,                                thousand pesos (P50,000.00) shall be imposed upon any practitioner,
Apparatus and Other Paraphernalia for Dangerous Drugs                           manufacturer, wholesaler, importer, distributor, dealer or retailer who
During Parties, Social Gatherings or Meetings. - The maximum                    violates or fails to comply with the maintenance and keeping of the
penalty provided for in Section 12 of this Act shall be imposed upon any        original records of transactions on any dangerous drug and/or controlled
person, who shall possess or have under his/her control any equipment,          precursor and essential chemical in accordance with Section 40 of this
instrument, apparatus and other paraphernalia fit or intended for               Act.
smoking, consuming, administering, injecting, ingesting, or introducing         An additional penalty shall be imposed through the revocation of the
any dangerous drug into the body, during parties, social gatherings or          license to practice his/her profession, in case of a practitioner, or of the
meetings, or in the proximate company of at least two (2) persons.              business, in case of a manufacturer, seller, importer, distributor, dealer or
                                                                                retailer.
          case. In all instances, the representative sample/s shall be                (a) Importation of any dangerous drug and/or controlled precursor
          kept to a minimum quantity as determined by the Board;                           and essential chemical;
     (6) The alleged offender or his/her representative or counsel shall             (b) Sale, trading, administration, dispensation, delivery, distribution
          be allowed to personally observe all of the above proceedings                    and transportation of any dangerous drug and/or controlled
          and his/her presence shall not constitute an admission of guilt.                 precursor and essential chemical;
          In case the said offender or accused refuses or fails to appoint            (c) Maintenance of a den, dive or resort where any dangerous drug
          a representative after due notice in writing to the accused or                   is used in any form;
          his/her counsel within seventy-two (72) hours before the actual             (d) Manufacture of any dangerous drug and/or controlled
          burning or destruction of the evidence in question, the                          precursor and essential chemical; and
          Secretary of Justice shall appoint a member of the public                   (e) Cultivation or culture of plants which are sources of dangerous
          attorney's office to represent the former;                                       drugs.
     (7) After the promulgation and judgment in the criminal case
          wherein the representative sample/s was presented as                   Section 27. Criminal Liability of a Public Officer or
          evidence in court, the trial prosecutor shall inform the Board of
                                                                                 Employee for Misappropriation, Misapplication or Failure to
          the final termination of the case and, in turn, shall request the
          court for leave to turn over the said representative sample/s to       Account for the Confiscated, Seized and/or Surrendered
          the PDEA for proper disposition and destruction within                 Dangerous Drugs, Plant Sources of Dangerous Drugs,
          twenty-four (24) hours from receipt of the same; and                   Controlled   Precursors    and    Essential      Chemicals,
     (8) Transitory Provision: a) Within twenty-four (24) hours from the
                                                                                 Instruments/Paraphernalia and/or Laboratory Equipment
          effectivity of this Act, dangerous drugs defined herein which
          are presently in possession of law enforcement agencies shall,         Including the Proceeds or Properties Obtained from the
          with leave of court, be burned or destroyed, in the presence of        Unlawful Act Committed. – The penalty of life imprisonment to
          representatives of the Court, DOJ, Department of Health (DOH)          death and a fine ranging from Five hundred thousand pesos
          and the accused/and or his/her counsel, and, b) Pending the            (P500,000.00) to Ten million pesos (P10,000,000.00), in addition to
          organization of the PDEA, the custody, disposition, and burning        absolute perpetual disqualification from any public office, shall be
          or destruction of seized/surrendered dangerous drugs                   imposed upon any public officer or employee who misappropriates,
          provided under this Section shall be implemented by the DOH.           misapplies or fails to account for confiscated, seized or surrendered
                                                                                 dangerous drugs, plant sources of dangerous drugs, controlled
Section 22. Grant of Compensation, Reward and Award. –                           precursors and essential chemicals, instruments/paraphernalia and/or
The Board shall recommend to the concerned government agency the                 laboratory equipment including the proceeds or properties obtained from
grant of compensation, reward and award to any person providing                  the unlawful acts as provided for in this Act.
information and to law enforcers participating in the operation, which           Any elective local or national official found to have benefited from the
results in the successful confiscation, seizure or surrender of dangerous        proceeds of the trafficking of dangerous drugs as prescribed in this Act,
drugs, plant sources of dangerous drugs, and controlled precursors and           or have received any financial or material contributions or donations from
essential chemicals.                                                             natural or juridical persons found guilty of trafficking dangerous drugs as
                                                                                 prescribed in this Act, shall be removed from office and perpetually
                                                                                 disqualified from holding any elective or appointive positions in the
Section 23. Plea-Bargaining Provision. – Any person charged
                                                                                 government, its divisions, subdivisions, and intermediaries, including
under any provision of this Act regardless of the imposable penalty shall
                                                                                 government-owned or –controlled corporations.
not be allowed to avail of the provision on plea-bargaining.
Section 24. Non-Applicability of the Probation Law for                           Section 28. Criminal Liability of Government Officials and
Drug Traffickers and Pushers. – Any person convicted for drug                    Employees. – The maximum penalties of the unlawful acts provided
                                                                                 for in this Act shall be imposed, in addition to absolute perpetual
trafficking or pushing under this Act, regardless of the penalty imposed
                                                                                 disqualification from any public office, if those found guilty of such
by the Court, cannot avail of the privilege granted by the Probation Law or
                                                                                 unlawful acts are government officials and employees.
Presidential Decree No. 968, as amended.
Section 25. Qualifying Aggravating Circumstances in the                          Section 29. Criminal Liability for Planting of Evidence. – Any
                                                                                 person who is found guilty of "planting" any dangerous drug and/or
Commission of a Crime by an Offender Under the Influence                         controlled precursor and essential chemical, regardless of quantity and
of Dangerous Drugs. – Notwithstanding the provisions of any law to               purity, shall suffer the penalty of death.
the contrary, a positive finding for the use of dangerous drugs shall be a
qualifying aggravating circumstance in the commission of a crime by an           Section 30. Criminal Liability of Officers of Partnerships,
offender, and the application of the penalty provided for in the Revised
                                                                                 Corporations, Associations or Other Juridical Entities. – In
Penal Code shall be applicable.
                                                                                 case any violation of this Act is committed by a partnership, corporation,
                                                                                 association or any juridical entity, the partner, president, director,
Section 26. Attempt or Conspiracy. – Any attempt or conspiracy                   manager, trustee, estate administrator, or officer who consents to or
to commit the following unlawful acts shall be penalized by the same             knowingly tolerates such violation shall be held criminally liable as a
penalty prescribed for the commission of the same as provided under              co-principal. The penalty provided for the offense under this Act shall be
this Act:                                                                        imposed upon the partner, president, director, manager, trustee, estate
                                                                                 administrator, or officer who knowingly authorizes, tolerates or consents
to the use of a vehicle, vessel, aircraft, equipment or other facility, as an      Section 34. Termination of the Grant of Immunity. – The
instrument in the importation, sale, trading, administration, dispensation,        immunity granted to the informant or witness, as prescribed in Section
delivery, distribution, transportation or manufacture of dangerous drugs,          33 of this Act, shall not attach should it turn out subsequently that the
or chemical diversion, if such vehicle, vessel, aircraft, equipment or other       information and/or testimony is false, malicious or made only for the
instrument is owned by or under the control or supervision of the                  purpose of harassing, molesting or in any way prejudicing the persons
partnership, corporation, association or juridical entity to which they are        described in the preceding Section against whom such information or
affiliated.                                                                        testimony is directed against. In such case, the informant or witness
                                                                                   shall be subject to prosecution and the enjoyment of all rights and
Section 31. Additional Penalty if Offender is an Alien. – In                       benefits previously accorded him under this Act or any other law, decree
addition to the penalties prescribed in the unlawful act committed, any            or order shall be deemed terminated. In case an informant or witness
alien who violates such provisions of this Act shall, after service of             under this Act fails or refuses to testify without just cause, and when
sentence, be deported immediately without further proceedings, unless              lawfully obliged to do so, or should he/she violate any condition
the penalty is death.                                                              accompanying such immunity as provided above, his/her immunity shall
                                                                                   be removed and he/she shall likewise be subject to contempt and/or
Section 32. Liability to a Person Violating Any Regulation                         criminal prosecution, as the case may be, and the enjoyment of all rights
                                                                                   and benefits previously accorded him under this Act or in any other law,
Issued by the Board. – The penalty of imprisonment ranging from six
                                                                                   decree or order shall be deemed terminated.
(6) months and one (1) day to four (4) years and a fine ranging from Ten
                                                                                   In case the informant or witness referred to under this Act falls under the
thousand pesos (P10,000.00) to Fifty thousand pesos (P50,000.00) shall
                                                                                   applicability of this Section hereof, such individual cannot avail of the
be imposed upon any person found violating any regulation duly issued
                                                                                   provisions under Article VIII of this Act.
by the Board pursuant to this Act, in addition to the administrative
sanctions imposed by the Board.
                                                                                   Section 35. Accessory Penalties. – A person convicted under this
                                                                                   Act shall be disqualified to exercise his/her civil rights such as but not
Section 33. Immunity from Prosecution and Punishment. –
                                                                                   limited to, the rights of parental authority or guardianship, either as to the
Notwithstanding the provisions of Section 17, Rule 119 of the Revised
                                                                                   person or property of any ward, the rights to dispose of such property by
Rules of Criminal Procedure and the provisions of Republic Act No. 6981
                                                                                   any act or any conveyance inter vivos, and political rights such as but not
or the Witness Protection, Security and Benefit Act of 1991, any person
                                                                                   limited to, the right to vote and be voted for. Such rights shall also be
who has violated Sections 7, 11, 12, 14, 15, and 19, Article II of this Act,
                                                                                   suspended during the pendency of an appeal from such conviction.
who voluntarily gives information about any violation of Sections 4, 5, 6,
8, 10, 13, and 16, Article II of this Act as well as any violation of the
offenses mentioned if committed by a drug syndicate, or any information                                   ARTICLE III
leading to the whereabouts, identities and arrest of all or any of the                 Dangerous Drugs Test and Record Requirements
members thereof; and who willingly testifies against such persons as               Section 36. Authorized Drug Testing. – Authorized drug testing
described above, shall be exempted from prosecution or punishment for              shall be done by any government forensic laboratories or by any of the
the offense with reference to which his/her information of testimony               drug testing laboratories accredited and monitored by the DOH to
were given, and may plead or prove the giving of such information and              safeguard the quality of test results. The DOH shall take steps in setting
testimony in bar of such prosecution: Provided, That the following                 the price of the drug test with DOH accredited drug testing centers to
conditions concur:                                                                 further reduce the cost of such drug test. The drug testing shall employ,
     (1) The information and testimony are necessary for the                      among others, two (2) testing methods, the screening test which will
           conviction of the persons described above;                              determine the positive result as well as the type of the drug used and the
     (2) Such information and testimony are not yet in the possession             confirmatory test which will confirm a positive screening test. Drug test
           of the State;                                                           certificates issued by accredited drug testing centers shall be valid for a
     (3) Such information and testimony can be corroborated on its                one year period from the date of issue which may be used for other
           material points;                                                        purposes. The following shall be subjected to undergo drug testing:
     (4) the informant or witness has not been previously convicted of                  (a) Applicants for driver's license. – No driver's license shall be
           a crime involving moral turpitude, except when there is no                         issued or renewed to any person unless he/she presents a
           other direct evidence available for the State other than the                       certification that he/she has undergone a mandatory drug test
           information and testimony of said informant or witness; and                        and indicating thereon that he/she is free from the use of
     (5) The informant or witness shall strictly and faithfully comply                       dangerous drugs;
           without delay, any condition or undertaking, reduced into                     (b) Applicants for firearm's license and for permit to carry firearms
           writing, lawfully imposed by the State as further consideration                    outside of residence. – All applicants for firearm's license and
           for the grant of immunity from prosecution and punishment.                         permit to carry firearms outside of residence shall undergo a
           Provided, further, That this immunity may be enjoyed by such                       mandatory drug test to ensure that they are free from the use
           informant or witness who does not appear to be most guilty for                     of dangerous drugs: Provided, That all persons who by the
           the offense with reference to which his/her information or                         nature of their profession carry firearms shall undergo drug
           testimony were given:                                                              testing;
Provided, finally, That there is no direct evidence available for the State              (c) Students of secondary and tertiary schools. – Students of
except for the information and testimony of the said informant or                             secondary and tertiary schools shall, pursuant to the related
witness.                                                                                      rules and regulations as contained in the school's student
                                                                                              handbook and with notice to the parents, undergo a random
                                                                                              drug testing: Provided, That all drug testing expenses whether
          in public or private schools under this Section will be borne by        competence, integrity and stability to conduct the laboratory
          the government;                                                         examinations and tests provided in this Article, and appoint such
     (d) Officers and employees of public and private offices. – Officers        technical and other personnel as may be necessary for the effective
          and employees of public and private offices, whether domestic           implementation of this provision. The DOH shall also accredit physicians
          or overseas, shall be subjected to undergo a random drug test           who shall conduct the drug dependency examination of a drug
          as contained in the company's work rules and regulations,               dependent as well as the after-care and follow-up program for the said
          which shall be borne by the employer, for purposes of reducing          drug dependent. There shall be a control regulations, licensing and
          the risk in the workplace. Any officer or employee found                accreditation division under the supervision of the DOH for this purpose.
          positive for use of dangerous drugs shall be dealt with                 For this purpose, the DOH shall establish, operate and maintain drug
          administratively which shall be a ground for suspension or              testing centers in government hospitals, which must be provided at least
          termination, subject to the provisions of Article 282 of the            with basic technologically advanced equipment and materials, in order to
          Labor Code and pertinent provisions of the Civil Service Law;           conduct the laboratory examination and tests herein provided, and
     (e) Officers and members of the military, police and other law              appoint such qualified and duly trained technical and other personnel as
          enforcement agencies. – Officers and members of the military,           may be necessary for the effective implementation of this provision.
          police and other law enforcement agencies shall undergo an
          annual mandatory drug test;                                             Section 40. Records Required for Transactions on
     (f) All persons charged before the prosecutor's office with a
                                                                                  Dangerous Drug and Precursors and Essential Chemicals. –
          criminal offense having an imposable penalty of imprisonment
                                                                                  a) Every pharmacist dealing in dangerous drugs and/or controlled
          of not less than six (6) years and one (1) day shall have to
                                                                                  precursors and essential chemicals shall maintain and keep an original
          undergo a mandatory drug test; and
                                                                                  record of sales, purchases, acquisitions and deliveries of dangerous
     (g) All candidates for public office whether appointed or elected
                                                                                  drugs, indicating therein the following information:
          both in the national or local government shall undergo a
                                                                                        (1) License number and address of the pharmacist;
          mandatory drug test.
                                                                                        (2) Name, address and license of the manufacturer, importer or
In addition to the above stated penalties in this Section, those found to
                                                                                             wholesaler from whom the dangerous drugs have been
be positive for dangerous drugs use shall be subject to the provisions of
                                                                                             purchased;
Section 15 of this Act.
                                                                                        (3) Quantity and name of the dangerous drugs purchased or
                                                                                             acquired;
Section 37. Issuance of False or Fraudulent Drug Test                                   (4) Date of acquisition or purchase;
Results. – Any person authorized, licensed or accredited under this Act                 (5) Name, address and community tax certificate number of the
and its implementing rules to conduct drug examination or test, who                          buyer;
issues false or fraudulent drug test results knowingly, willfully or through            (6) Serial number of the prescription and the name of the
gross negligence, shall suffer the penalty of imprisonment ranging from                      physician, dentist, veterinarian or practitioner issuing the same;
six (6) years and one (1) day to twelve (12) years and a fine ranging from              (7) Quantity and name of the dangerous drugs sold or delivered;
One hundred thousand pesos (P100,000.00) to Five hundred thousand                            and
pesos (P500,000.00).                                                                    (8) Date of sale or delivery
An additional penalty shall be imposed through the revocation of the              A certified true copy of such record covering a period of six (6) months,
license to practice his/her profession in case of a practitioner, and the         duly signed by the pharmacist or the owner of the drugstore, pharmacy or
closure of the drug testing center.                                               chemical establishment, shall be forwarded to the Board within fifteen
                                                                                  (15) days following the last day of June and December of each year, with
Section 38. Laboratory Examination or Test on                                     a copy thereof furnished the city or municipal health officer concerned.
                                                                                  (b) A physician, dentist, veterinarian or practitioner authorized to
Apprehended/Arrested Offenders. – Subject to Section 15 of this
                                                                                  prescribe any dangerous drug shall issue the prescription therefor in one
Act, any person apprehended or arrested for violating the provisions of
                                                                                  (1) original and two (2) duplicate copies. The original, after the
this Act shall be subjected to screening laboratory examination or test
                                                                                  prescription has been filled, shall be retained by the pharmacist for a
within twenty-four (24) hours, if the apprehending or arresting officer has
                                                                                  period of one (1) year from the date of sale or delivery of such drug. One
reasonable ground to believe that the person apprehended or arrested,
                                                                                  (1) copy shall be retained by the buyer or by the person to whom the drug
on account of physical signs or symptoms or other visible or outward
                                                                                  is delivered until such drug is consumed, while the second copy shall be
manifestation, is under the influence of dangerous drugs. If found to be
                                                                                  retained by the person issuing the prescription.
positive, the results of the screening laboratory examination or test shall
                                                                                  For purposes of this Act, all prescriptions issued by physicians, dentists,
be challenged within fifteen (15) days after receipt of the result through a
                                                                                  veterinarians or practitioners shall be written on forms exclusively issued
confirmatory test conducted in any accredited analytical laboratory
                                                                                  by and obtainable from the DOH. Such forms shall be made of a special
equipment with a gas chromatograph/mass spectrometry equipment or
                                                                                  kind of paper and shall be distributed in such quantities and contain such
some such modern and accepted method, if confirmed the same shall be
                                                                                  information and other data as the DOH may, by rules and regulations,
prima facie evidence that such person has used dangerous drugs, which
                                                                                  require. Such forms shall only be issued by the DOH through its
is without prejudice for the prosecution for other violations of the
                                                                                  authorized employees to licensed physicians, dentists, veterinarians and
provisions of this Act: Provided, That a positive screening laboratory test
                                                                                  practitioners in such quantities as the Board may authorize. In
must be confirmed for it to be valid in a court of law.
                                                                                  emergency cases, however, as the Board may specify in the public
                                                                                  interest, a prescription need not be accomplished on such forms. The
Section 39. Accreditation of Drug Testing Centers and                             prescribing physician, dentist, veterinarian or practitioner shall, within
Physicians. – The DOH shall be tasked to license and accredit drug                three (3) days after issuing such prescription, inform the DOH of the
testing centers in each province and city in order to assure their capacity,
same in writing. No prescription once served by the drugstore or                   authorities. Failure to do so in either case, within a reasonable period
pharmacy be reused nor any prescription once issued be refilled.                   from the time of discovery of the violation shall, after due hearing,
(c) All manufacturers, wholesalers, distributors, importers, dealers and           constitute sufficient cause for disciplinary action by the school
retailers of dangerous drugs and/or controlled precursors and essential            authorities.
chemicals shall keep a record of all inventories, sales, purchases,
acquisitions and deliveries of the same as well as the names, addresses            Section 45. Publication and Distribution of Materials on
and licenses of the persons from whom such items were purchased or
                                                                                   Dangerous Drugs. – With the assistance of the Board, the Secretary
acquired or to whom such items were sold or delivered, the name and
                                                                                   of the Department of Education (DepEd), the Chairman of the
quantity of the same and the date of the transactions. Such records may
                                                                                   Commission on Higher Education (CHED) and the Director-General of the
be subjected anytime for review by the Board.
                                                                                   Technical Education and Skills Development Authority (TESDA) shall
                                                                                   cause the development, publication and distribution of information and
                        ARTICLE IV                                                 support educational materials on dangerous drugs to the students, the
   Participation of the Family, Students, Teachers and                             faculty, the parents, and the community.
    School Authorities in the Enforcement of this Act
Section 41. Involvement of the Family. – The family being the                      Section 46. Special Drug Education Center. – With the
basic unit of the Filipino society shall be primarily responsible for the          assistance of the Board, the Department of the Interior and Local
education and awareness of the members of the family on the ill effects            Government (DILG), the National Youth Commission (NYC), and the
of dangerous drugs and close monitoring of family members who may                  Department of Social Welfare and Development (DSWD) shall establish in
be susceptible to drug abuse.                                                      each of its provincial office a special education drug center for
                                                                                   out-of-school youth and street children. Such Center which shall be
                                                                                   headed by the Provincial Social. Welfare Development Officer shall
Section 42. Student Councils and Campus Organizations. –
                                                                                   sponsor drug prevention programs and activities and information
All elementary, secondary and tertiary schools' student councils and
                                                                                   campaigns with the end in view of educating the out-of-school youth and
campus organizations shall include in their activities a program for the
                                                                                   street children regarding the pernicious effects of drug abuse. The
prevention of and deterrence in the use of dangerous drugs, and referral
                                                                                   programs initiated by the Center shall likewise be adopted in all public
for treatment and rehabilitation of students for drug dependence.
                                                                                   and private orphanage and existing special centers for street children.
as the site of the unlawful sale or delivery of dangerous drugs may be            confinement, shall be exempt from the criminal liability under Section 15
declared to be a public nuisance, and such nuisance may be abated,                of this act subject to the following conditions:
pursuant to the following procedures:                                                   (1) He/she has complied with the rules and regulations of the
     (1) Any city or municipality may, by ordinance, create an                              center, the applicable rules and regulations of the Board,
          administrative board to hear complaints regarding the                              including the after-care and follow-up program for at least
          nuisances;                                                                         eighteen (18) months following temporary discharge from
     (2) any employee, officer, or resident of the city or municipality                     confinement in the Center or, in the case of a dependent placed
          may bring a complaint before the Board after giving not less                       under the care of the DOH-accredited physician, the after-care
          than three                                                                         program and follow-up schedule formulated by the DSWD and
     (3) days written notice of such complaint to the owner of the place                    approved by the Board: Provided, That capability-building of
          or premises at his/her last known address; and (3) After                           local government social workers shall be undertaken by the
          hearing in which the Board may consider any evidence,                              DSWD;
          including evidence of the general reputation of the place or                  (2) He/she has never been charged or convicted of any offense
          premises, and at which the owner of the premises shall have                        punishable under this Act, the Dangerous Drugs Act of 1972 or
          an opportunity to present evidence in his/her defense, the                         Republic Act No. 6425, as amended; the Revised Penal Code,
          Board may declare the place or premises to be a public                             as amended; or any special penal laws;
          nuisance.                                                                     (3) He/she has no record of escape from a Center: Provided, That
                                                                                             had he/she escaped, he/she surrendered by himself/herself or
Section 53. Effect of Board Declaration. – If the Board declares                             through his/her parent, spouse, guardian or relative within the
a place or premises to be a public nuisance, it may declare an order                         fourth degree of consanguinity or affinity, within one (1) week
immediately prohibiting the conduct, operation, or maintenance of any                        from the date of the said escape; and
business or activity on the premises which is conducive to such                         (4) He/she poses no serious danger to himself/herself, his/her
nuisance. An order entered under this Section shall expire after one (1)                     family or the community by his/her exemption from criminal
year or at such earlier time as stated in the order. The Board may bring a                   liability.
complaint seeking a permanent injunction against any nuisance
described under this Section. This Article does not restrict the right of         Section 56. Temporary Release From the Center;
any person to proceed under the Civil Code against any public nuisance.           After-Care and Follow-Up Treatment Under the Voluntary
                                                                                  Submission Program. – Upon certification of the Center that the
                      ARTICLE VIII                                                drug dependent within the voluntary submission program may be
   Program for Treatment and Rehabilitation of Drug                               temporarily released, the Court shall order his/her release on condition
                      Dependents                                                  that said drug dependent shall report to the DOH for after-care and
                                                                                  follow-up treatment, including urine testing, for a period not exceeding
Section 54. Voluntary Submission of a Drug Dependent to
                                                                                  eighteen (18) months under such terms and conditions that the Court
Confinement, Treatment and Rehabilitation. – A drug                               may impose.
dependent or any person who violates Section 15 of this Act may, by               If during the period of after-care and follow-up, the drug dependent is
himself/herself or through his/her parent, spouse, guardian or relative           certified to be rehabilitated, he/she may be discharged by the Court,
within the fourth degree of consanguinity or affinity, apply to the Board or      subject to the provisions of Section 55 of this Act, without prejudice to
its duly recognized representative, for treatment and rehabilitation of the       the outcome of any pending case filed in court.
drug dependency. Upon such application, the Board shall bring forth the           However, should the DOH find that during the initial after-care and
matter to the Court which shall order that the applicant be examined for          follow-up program of eighteen (18) months, the drug dependent requires
drug dependency. If the examination by a DOH-accredited physician                 further treatment and rehabilitation in the Center, he/she shall be
results in the issuance of a certification that the applicant is a drug           recommitted to the Center for confinement. Thereafter, he/she may again
dependent, he/she shall be ordered by the Court to undergo treatment              be certified for temporary release and ordered released for another
and rehabilitation in a Center designated by the Board for a period of not        after-care and follow-up program pursuant to this Section.
less than six (6) months: Provided, That a drug dependent may be placed
under the care of a DOH-accredited physician where there is no Center
                                                                                  Section 57. Probation and Community Service Under the
near or accessible to the residence of the drug dependent or where said
drug dependent is below eighteen (18) years of age and is a first-time            Voluntary Submission Program. – A drug dependent who is
offender and non-confinement in a Center will not pose a serious danger           discharged as rehabilitated by the DOH-accredited Center through the
to his/her family or the community.                                               voluntary submission program, but does not qualify for exemption from
Confinement in a Center for treatment and rehabilitation shall not exceed         criminal liability under Section 55 of this Act, may be charged under the
one (1) year, after which time the Court, as well as the Board, shall be          provisions of this Act, but shall be placed on probation and undergo a
apprised by the head of the treatment and rehabilitation center of the            community service in lieu of imprisonment and/or fine in the discretion
status of said drug dependent and determine whether further                       of the court, without prejudice to the outcome of any pending case filed
confinement will be for the welfare of the drug dependent and his/her             in court.
family or the community.                                                          Such drug dependent shall undergo community service as part of his/her
                                                                                  after-care and follow-up program, which may be done in coordination
                                                                                  with nongovernmental civil organizations accredited by the DSWD, with
Section 55. Exemption from the Criminal Liability Under
                                                                                  the recommendation of the Board.
the Voluntary Submission Program. A drug dependent under the
voluntary submission program, who is finally discharged from
Section 58. Filing of Charges Against a Drug Dependent                            treatment and rehabilitation center under the supervision of the DOH. In
                                                                                  any event, the order of discharge or order of confinement or commitment
Who is Not Rehabilitated Under the Voluntary Submission
                                                                                  shall be issued not later than fifteen (15) days from the filing of the
Program. – A drug dependent, who is not rehabilitated after the second            appropriate petition.
commitment to the Center under the voluntary submission program,
shall, upon recommendation of the Board, be charged for violation of
                                                                                  Section 62. Compulsory Submission of a Drug Dependent
Section 15 of this Act and prosecuted like any other offender. If
convicted, he/she shall be credited for the period of confinement and             Charged with an Offense to Treatment and Rehabilitation. –
rehabilitation in the Center in the service of his/her sentence.                  If a person charged with an offense where the imposable penalty is
                                                                                  imprisonment of less than six (6) years and one (1) day, and is found by
                                                                                  the prosecutor or by the court, at any stage of the proceedings, to be a
Section 59. Escape and Recommitment for Confinement
                                                                                  drug dependent, the prosecutor or the court as the case may be, shall
and Rehabilitation Under the Voluntary Submission                                 suspend all further proceedings and transmit copies of the record of the
Program. – Should a drug dependent under the voluntary submission                 case to the Board.
program escape from the Center, he/she may submit himself/herself for             In the event he Board determines, after medical examination, that public
recommitment within one (1) week therefrom, or his/her parent, spouse,            interest requires that such drug dependent be committed to a center for
guardian or relative within the fourth degree of consanguinity or affinity        treatment and rehabilitation, it shall file a petition for his/her
may, within said period, surrender him for recommitment, in which case            commitment with the regional trial court of the province or city where
the corresponding order shall be issued by the Board.                             he/she is being investigated or tried: Provided, That where a criminal
Should the escapee fail to submit himself/herself or be surrendered after         case is pending in court, such petition shall be filed in the said court. The
one (1) week, the Board shall apply to the court for a recommitment               court shall take judicial notice of the prior proceedings in the case and
order upon proof of previous commitment or his/her voluntary                      shall proceed to hear the petition. If the court finds him to be a drug
submission by the Board, the court may issue an order for recommitment            dependent, it shall order his/her commitment to a Center for treatment
within one (1) week. If, subsequent to a recommitment, the dependent              and rehabilitation. The head of said Center shall submit to the court every
once again escapes from confinement, he/she shall be charged for                  four (4) months, or as often as the court may require, a written report on
violation of Section 15 of this Act and he subjected under section 61 of          the progress of the treatment. If the dependent is rehabilitated, as
this Act, either upon order of the Board or upon order of the court, as the       certified by the center and the Board, he/she shall be returned to the
case may be.                                                                      court, which committed him, for his/her discharge therefrom.
                                                                                  Thereafter, his/her prosecution for any offense punishable by law shall
Section 60. Confidentiality of Records Under the Voluntary                        be instituted or shall continue, as the case may be. In case of conviction,
                                                                                  the judgment shall, if the accused is certified by the treatment and
Submission Program. – Judicial and medical records of drug
                                                                                  rehabilitation center to have maintained good behavior, indicate that
dependents under the voluntary submission program shall be
                                                                                  he/she shall be given full credit for the period he/she was confined in the
confidential and shall not be used against him for any purpose, except to
                                                                                  Center: Provided, however, That when the offense is for violation of
determine how many times, by himself/herself or through his/her parent,
                                                                                  Section 15 of this Act and the accused is not a recidivist, the penalty
spouse, guardian or relative within the fourth degree of consanguinity or
                                                                                  thereof shall be deemed to have been served in the Center upon his/her
affinity, he/she voluntarily submitted himself/herself for confinement,
                                                                                  release therefrom after certification by the Center and the Board that
treatment and rehabilitation or has been committed to a Center under
                                                                                  he/she is rehabilitated.
this program.
Section 61. Compulsory Confinement of a Drug Dependent                            Section 63. Prescription of the Offense Charged Against a
Who Refuses to Apply Under the Voluntary Submission                               Drug Dependent Under the Compulsory Submission
Program. – Notwithstanding any law, rule and regulation to the                    Program. – The period of prescription of the offense charged against a
                                                                                  drug dependent under the compulsory submission program shall not run
contrary, any person determined and found to be dependent on
                                                                                  during the time that the drug dependent is under confinement in a Center
dangerous drugs shall, upon petition by the Board or any of its authorized
                                                                                  or otherwise under the treatment and rehabilitation program approved by
representative, be confined for treatment and rehabilitation in any Center
                                                                                  the Board.
duly designated or accredited for the purpose.
                                                                                  Upon certification of the Center that he/she may temporarily be
A petition for the confinement of a person alleged to be dependent on
                                                                                  discharged from the said Center, the court shall order his/her release on
dangerous drugs to a Center may be filed by any person authorized by
                                                                                  condition that he/she shall report to the Board through the DOH for
the Board with the Regional Trial Court of the province or city where such
                                                                                  after-care and follow-up treatment for a period not exceeding eighteen
person is found.
                                                                                  (18) months under such terms and conditions as may be imposed by the
After the petition is filed, the court, by an order, shall immediately fix a
                                                                                  Board.
date for the hearing, and a copy of such order shall be served on the
                                                                                  If at anytime during the after-care and follow-up period, the Board
person alleged to be dependent on dangerous drugs, and to the one
                                                                                  certifies to his/her complete rehabilitation, the court shall order his/her
having charge of him.
                                                                                  final discharge from confinement and order for the immediate
If after such hearing and the facts so warrant, the court shall order the
                                                                                  resumption of the trial of the case for which he/she is originally charged.
drug dependent to be examined by two (2) physicians accredited by the
                                                                                  Should the Board through the DOH find at anytime during the after-care
Board. If both physicians conclude that the respondent is not a drug
                                                                                  and follow-up period that he/she requires further treatment and
dependent, the court shall order his/her discharge. If either physician
                                                                                  rehabilitation, it shall report to the court, which shall order his/her
finds him to be a dependent, the court shall conduct a hearing and
                                                                                  recommitment to the Center.
consider all relevant evidence which may be offered. If the court finds
him a drug dependent, it shall issue an order for his/her commitment to a
Should the drug dependent, having been committed to a Center upon                In the case of minors under fifteen (15) years of age at the time of the
petition by the Board escape therefrom, he/she may resubmit                      commission of any offense penalized under this Act, Article 192 of
himself/herself for confinement within one (1) week from the date of             Presidential Decree No. 603, otherwise known as the Child and Youth
his/her escape; or his/her parent, spouse, guardian or relative within the       Welfare Code, as amended by Presidential Decree No. 1179 shall apply,
fourth degree of consanguinity or affinity may, within the same period,          without prejudice to the application of the provisions of this Section.
surrender him for recommitment. If, however, the drug dependent does
not resubmit himself/herself for confinement or he/she is not                    Section 67. Discharge After Compliance with Conditions of
surrendered for recommitment, the Board may apply with the court for
                                                                                 Suspended Sentence of a First-Time Minor Offender. – If the
the issuance of the recommitment order. Upon proof of previous
                                                                                 accused first time minor offender under suspended sentence complies
commitment, the court shall issue an order for recommitment. If,
                                                                                 with the applicable rules and regulations of the Board, including
subsequent to such recommitment, he/she should escape again, he/she
                                                                                 confinement in a Center, the court, upon a favorable recommendation of
shall no longer be exempt from criminal liability for use of any dangerous
                                                                                 the Board for the final discharge of the accused, shall discharge the
drug. A drug dependent committed under this particular Section who is
                                                                                 accused and dismiss all proceedings.
finally discharged from confinement shall be exempt from criminal
                                                                                 Upon the dismissal of the proceedings against the accused, the court
liability under Section 15 of this Act, without prejudice to the outcome of
                                                                                 shall enter an order to expunge all official records, other than the
any pending case filed in court. On the other hand, a drug dependent who
                                                                                 confidential record to be retained by the DOJ relating to the case. Such
is not rehabilitated after a second commitment to the Center shall, upon
                                                                                 an order, which shall be kept confidential, shall restore the accused to
conviction by the appropriate court, suffer the same penalties provided
                                                                                 his/her status prior to the case. He/she shall not be held thereafter to be
for under Section 15 of this Act again without prejudice to the outcome
                                                                                 guilty of perjury or of concealment or misrepresentation by reason of
of any pending case filed in court.
                                                                                 his/her failure to acknowledge the case or recite any fact related thereto
                                                                                 in response to any inquiry made of him for any purpose.
Section 64. Confidentiality of Records Under the
Compulsory Submission Program. – The records of a drug                           Section 68. Privilege of Suspended Sentence to be Availed
dependent who was rehabilitated and discharged from the Center under
                                                                                 of Only Once by a First-Time Minor Offender. – The privilege of
the compulsory submission program, or who was charged for violation of
                                                                                 suspended sentence shall be availed of only once by an accused drug
Section 15 of this Act, shall be covered by Section 60 of this Act.
                                                                                 dependent who is a first-time offender over fifteen (15) years of age at
However, the records of a drug dependent who was not rehabilitated, or
                                                                                 the time of the commission of the violation of Section 15 of this Act but
who escaped but did not surrender himself/herself within the prescribed
                                                                                 not more than eighteen (18) years of age at the time when judgment
period, shall be forwarded to the court and their use shall be determined
                                                                                 should have been promulgated.
by the court, taking into consideration public interest and the welfare of
the drug dependent.
                                                                                 Section 69. Promulgation of Sentence for First-Time Minor
Section 65. Duty of the Prosecutor in the Proceedings. – It                      Offender. – If the accused first-time minor offender violates any of the
shall be the duty of the provincial or the city prosecutor or their              conditions of his/her suspended sentence, the applicable rules and
assistants or state prosecutors to prepare the appropriate petition in all       regulations of the Board exercising supervision and rehabilitative
proceedings arising from this Act.                                               surveillance over him, including the rules and regulations of the Center
                                                                                 should confinement be required, the court shall pronounce judgment of
                                                                                 conviction and he/she shall serve sentence as any other convicted
Section 66. Suspension of Sentence of a First-Time Minor
                                                                                 person.
Offender. – An accused who is over fifteen (15) years of age at the
time of the commission of the offense mentioned in Section 11 of this
                                                                                 Section 70. Probation or Community Service for a
Act, but not more than eighteen (18) years of age at the time when
judgment should have been promulgated after having been found guilty             First-Time Minor Offender in Lieu of Imprisonment. – Upon
of said offense, may be given the benefits of a suspended sentence,              promulgation of the sentence, the court may, in its discretion, place the
subject to the following conditions:                                             accused under probation, even if the sentence provided under this Act is
     (a) He/she has not been previously convicted of violating any              higher than that provided under existing law on probation, or impose
          provision of this Act, or of the Dangerous Drugs Act of 1972, as       community service in lieu of imprisonment. In case of probation, the
          amended; or of the Revised Penal Code; or of any special penal         supervision and rehabilitative surveillance shall be undertaken by the
          laws;                                                                  Board through the DOH in coordination with the Board of Pardons and
     (b) He/she has not been previously committed to a Center or to             Parole and the Probation Administration. Upon compliance with the
          the care of a DOH-accredited physician; and                            conditions of the probation, the Board shall submit a written report to the
     (c) The Board favorably recommends that his/her sentence be                court recommending termination of probation and a final discharge of
          suspended.                                                             the probationer, whereupon the court shall issue such an order.
While under suspended sentence, he/she shall be under the supervision            The community service shall be complied with under conditions, time
and rehabilitative surveillance of the Board, under such conditions that         and place as may be determined by the court in its discretion and upon
the court may impose for a period ranging from six (6) months to                 the recommendation of the Board and shall apply only to violators of
eighteen (18) months.                                                            Section 15 of this Act. The completion of the community service shall be
Upon recommendation of the Board, the court may commit the accused               under the supervision and rehabilitative surveillance of the Board during
under suspended sentence to a Center, or to the care of a                        the period required by the court. Thereafter, the Board shall render a
DOH-accredited physician for at least six (6) months, with after-care and        report on the manner of compliance of said community service. The
follow-up program for not more than eighteen (18) months.
court in its discretion may require extension of the community service or          maintenance of private centers which shall be eligible to receive grants,
order a final discharge.                                                           donations or subsidy from either government or private sources. It shall
In both cases, the judicial records shall be covered by the provisions of          also support the establishment of government-operated regional
Sections 60 and 64 of this Act. If the sentence promulgated by the court           treatment and rehabilitation centers depending upon the availability of
requires imprisonment, the period spent in the Center by the accused               funds. The national government, through its appropriate agencies shall
during the suspended sentence period shall be deducted from the                    give priority funding for the increase of subsidy to existing government
sentence to be served.                                                             drug rehabilitation centers, and shall establish at least one (1) drug
                                                                                   rehabilitation center in each province, depending on the availability of
Section 71. Records to be kept by the Department of                                funds.
Justice. – The DOJ shall keep a confidential record of the proceedings
on suspension of sentence and shall not be used for any purpose other              Section 76. The Duties and Responsibilities of the
than to determine whether or not a person accused under this Act is a              Department of health (DOH) Under this Act. – The DOH shall:
first-time minor offender.                                                              (1) Oversee the monitor the integration, coordination and
                                                                                             supervision of all drug rehabilitation, intervention, after-care
Section 72. Liability of a Person Who Violates the                                           and follow-up programs, projects and activities as well as the
                                                                                             establishment, operations, maintenance and management of
Confidentiality of Records. – The penalty of imprisonment ranging
                                                                                             privately-owned drug treatment rehabilitation centers and drug
from six (6) months and one (1) day to six (6) years and a fine ranging
                                                                                             testing networks and laboratories throughout the country in
from One thousand pesos (P1,000.00) to Six thousand pesos
                                                                                             coordination with the DSWD and other agencies;
(P6,000.00), shall be imposed upon any person who, having official
                                                                                        (2) License, accredit, establish and maintain drug test network and
custody of or access to the confidential records of any drug dependent
                                                                                             laboratory, initiate, conduct and support scientific research on
under voluntary submission programs, or anyone who, having gained
                                                                                             drugs and drug control;
possession of said records, whether lawfully or not, reveals their content
                                                                                        (3) Encourage, assist and accredit private centers, promulgate
to any person other than those charged with the prosecution of the
                                                                                             rules and regulations setting minimum standards for their
offenses under this Act and its implementation. The maximum penalty
                                                                                             accreditation to assure their competence, integrity and
shall be imposed, in addition to absolute perpetual disqualification from
                                                                                             stability;
any public office, when the offender is a government official or employee.
                                                                                        (4) Prescribe and promulgate rules and regulations governing the
Should the records be used for unlawful purposes, such as blackmail of
                                                                                             establishment of such Centers as it may deem necessary after
the drug dependent or the members of his/her family, the penalty
                                                                                             conducting a feasibility study thereof;
imposed for the crime of violation of confidentiality shall be in addition to
                                                                                        (5) The DOH shall, without prejudice to the criminal prosecution of
whatever crime he/she may be convicted of.
                                                                                             those found guilty of violating this Act, order the closure of a
                                                                                             Center for treatment and rehabilitation of drug dependency
Section 73. Liability of a Parent, Spouse or Guardian Who                                    when, after investigation it is found guilty of violating the
Refuses to Cooperate with the Board or any Concerned                                         provisions of this Act or regulations issued by the Board; and
Agency. – Any parent, spouse or guardian who, without valid reason,                     (6) Charge reasonable fees for drug dependency examinations,
refuses to cooperate with the Board or any concerned agency in the                           other medical and legal services provided to the public, which
treatment and rehabilitation of a drug dependent who is a minor, or in any                   shall accrue to the Board. All income derived from these
manner, prevents or delays the after-care, follow-up or other programs for                   sources shall be part of the funds constituted as special funds
the welfare of the accused drug dependent, whether under voluntary                           for the implementation of this Act under Section 87.
submission program or compulsory submission program, may be cited
for contempt by the court.                                                                              ARTICLE IX
                                                                                   Dangerous Drugs Board and Philippine Drug Enforcement
Section 74. Cost-Sharing in the Treatment and                                                             Agency
Rehabilitation of a Drug Dependent. – The parent, spouse,                          Section 77. The Dangerous Drugs Board. – The Board shall be
guardian or any relative within the fourth degree of consanguinity of any          the policy-making and strategy formulating body in the planning and
person who is confined under the voluntary submission program or                   formulation of policies and programs on drug prevention and control. It
compulsory submission program shall be charged a certain percentage                shall develop and adopt a comprehensive, integrated, unified and
of the cost of his/her treatment and rehabilitation, the guidelines of             balanced national drug abuse prevention and control strategy. It shall be
which shall be formulated by the DSWD taking into consideration the                under the Office of the President.
economic status of the family of the person confined. The guidelines
therein formulated shall be implemented by a social worker of the local
                                                                                   Section 78. Composition of the Board. – The Board shall be
government unit.
                                                                                   composed of seventeen (17) members wherein three (3) of which are
                                                                                   permanent members, the other twelve (12) members shall be in an ex
Section 75. Treatment and Rehabilitation Centers. – The                            officio capacity and the two (2) shall be regular members.
existing treatment and rehabilitation centers for drug dependents                  The three (3) permanent members, who shall possess at least seven-year
operated and maintained by the NBI and the PNP shall be operated,                  training and experience in the field of dangerous drugs and in any of the
maintained and managed by the DOH in coordination with other                       following fields: in law, medicine, criminology, psychology or social work,
concerned agencies. For the purpose of enlarging the network of centers,           shall be appointed by the President of the Philippines. The President
the Board through the DOH shall encourage, promote or whenever                     shall designate a Chairman, who shall have the rank of a secretary from
feasible, assist or support in the establishment, operations and                   among the three (3) permanent members who shall serve for six (6)
years. Of the two (2) other members, who shall both have the rank of                 Two deputies executive director, for administration and operations, with
undersecretary, one (1) shall serve for four (4) years and the other for two         the ranks of assistant secretary, shall be appointed by the President upon
(2) years. Thereafter, the persons appointed to succeed such members                 recommendation of the Board. They shall possess the same
shall hold office for a term of six (6) years and until their successors shall       qualifications as those of the executive director. They shall receive a
have been duly appointed and qualified.                                              salary corresponding to their position as prescribed by the Salary
The other twelve (12) members who shall be ex officio members of the                 Standardization Law as a Career Service Officer.
Board are the following:                                                             The existing secretariat of the Board shall be under the administrative
      (1) Secretary of the Department of Justice or his/her                         control and supervision of the Executive Director. It shall be composed of
            representative;                                                          the following divisions, namely: Policy Studies, Research and Statistics;
      (2) Secretary of the Department of Health or his/her                          Preventive Education, Training and Information; Legal Affairs; and the
            representative;                                                          Administrative and Financial Management.
      (3) Secretary of the Department of National Defense or his/her
            representative;                                                          Section 81. Powers and Duties of the Board. – The Board shall:
      (4) Secretary of the Department of Finance or his/her                              (a) Formulate, develop and establish a comprehensive, integrated,
            representative;                                                                    unified and balanced national drug use prevention and control
      (5) Secretary of the Department of Labor and Employment or                              strategy;
            his/her representative;                                                       (b) Promulgate such rules and regulations as may be necessary to
      (6) Secretary of the Department of the Interior and Local                               carry out the purposes of this Act, including the manner of
            Government or his/her representative;                                              safekeeping, disposition, burning or condemnation of any
      (7) Secretary of the Department of Social Welfare and                                   dangerous drug and/or controlled precursor and essential
            Development or his/her representative;                                             chemical under its charge and custody, and prescribe
      (8) Secretary of the Department of Foreign Affairs or his/her                           administrative remedies or sanctions for the violations of such
            representative;                                                                    rules and regulations;
      (9) Secretary of the Department of Education or his/her                            (c) Conduct policy studies, program monitoring and evaluations
            representative;                                                                    and other researches on drug prevention, control and
      (10) Chairman of the Commission on Higher Education or his/her                          enforcement;
            representative;                                                               (d) Initiate, conduct and support scientific, clinical, social,
      (11) Chairman of the National Youth Commission;                                         psychological, physical and biological researches on
      (12) Director General of the Philippine Drug Enforcement Agency.                        dangerous drugs and dangerous drugs prevention and control
            Cabinet secretaries who are members of the Board may                               measures;
            designate their duly authorized and permanent representatives                 (e) Develop an educational program and information drive on the
            whose ranks shall in no case be lower than undersecretary.                         hazards and prevention of illegal use of any dangerous drug
            The two (2) regular members shall be as follows: (a) The                           and/or controlled precursor and essential chemical based on
            president of the Integrated Bar of the Philippines; and (b) The                    factual data, and disseminate the same to the general public,
            chairman or president of a non-government organization                             for which purpose the Board shall endeavor to make the
            involved in dangerous drug campaign to be appointed by the                         general public aware of the hazards of any dangerous drugs
            President of the Philippines. The Director of the NBI and the                      and/or controlled precursor and essential chemical by
            Chief of the PNP shall be the permanent consultants of the                         providing among others, literature, films, displays or
            Board, and shall attend all the meetings of the Board. All                         advertisements and by coordinating with all institutions of
            members of the Board as well as its permanent consultants                          learning as well as with all national and local enforcement
            shall receive a per diem for every meeting actually attended                       agencies in planning and conducting its educational campaign
            subject to the pertinent budgetary laws, rules and regulations                     programs to be implemented by the appropriate government
            on compensation, honoraria and allowances: Provided, That                          agencies;
            where the representative of an ex officio member or of the                    (f) Conduct continuing seminars for, and consultations with, and
            permanent consultant of the Board attends a meeting in behalf                      provide information materials to judges and prosecutors in
            of the latter, such representative shall be entitled to receive the                coordination with the Office of the Court Administrator, in the
            per diem.                                                                          case of judges, and the DOJ, in the case of prosecutors, which
                                                                                               aim to provide them with the current developments and
Section 79. Meetings of the Board. – The Board shall meet once                                 programs of the Board pertinent to its campaign against
a week or as often as necessary at the discretion of the Chairman or at                        dangerous drugs and its scientific researches on dangerous
the call of any four (4) other members. The presence of nine (9)                               drugs, its prevention and control measures;
members shall constitute a quorum.                                                        (g) Design special trainings in order to provide law enforcement
                                                                                               officers, members of the judiciary, and prosecutors, school
Section 80. Secretariat of the Board. – The Board shall                                        authorities and personnel of centers with knowledge and
recommend to the President of the Philippines the appointment of an                            know-how in dangerous drugs and/or controlled precursors
Executive Director, with the rank of an undersecretary, who shall be the                       and essential chemicals control in coordination with the
Secretary of the Board and administrative officer of its secretariat, and                      Supreme Court to meet the objectives of the national drug
shall perform such other duties that may be assigned to him/her. He/she                        control programs;
must possess adequate knowledge, training and experience in the field                     (h) Design and develop, in consultation and coordination with the
of dangerous drugs, and in any of the following fields: law enforcement,                       DOH, DSWD and other agencies involved in drugs control,
law, medicine, criminology, psychology or social work.                                         treatment and rehabilitation, both public and private, a national
        treatment and rehabilitation program for drug dependents                           similar or analogous substances of such kind and in such
        including a standard aftercare and community service program                       quantity as it may deem necessary according to the medical
        for recovering drug dependents;                                                    and research needs or requirements of the country including
 (i)   Design and develop, jointly with the DOLE and in consultation                      diet pills containing ephedrine and other addictive chemicals
        with labor and employer groups as well as nongovernment                            and determine the quantity and/or quality of dangerous drugs
        organizations a drug abuse prevention program in the                               and controlled precursors and essential chemicals to be
        workplace that would include a provision for employee                              imported, manufactured and held in stock at any given time by
        assistance programs for emotionally-stressed employees;                            authorized importer, manufacturer or distributor of such drugs;
 (j)   Initiate and authorize closure proceedings against                          (s)   Develop the utilization of a controlled delivery scheme in
        non-accredited and/or substandard rehabilitation centers                           addressing the transshipment of dangerous drugs into and out
        based on verified reports of human rights violations,                              of the country to neutralize transnational crime syndicates
        subhuman conditions, inadequate medical training and                               involved in illegal trafficking of any dangerous drugs and/or
        assistance and excessive fees for implementation by the                            controlled precursors and essential chemicals;
        PDEA;                                                                       (t)   Recommend the revocation of the professional license of any
 (k)   Prescribe and promulgate rules and regulations governing the                       practitioner who is an owner, coowner, lessee, or in the employ
        establishment of such centers, networks and laboratories as                        of the drug establishment, or manager of a partnership,
        deemed necessary after conducting a feasibility study in                           corporation, association, or any juridical entity owning and/or
        coordination with the DOH and other government agencies;                           controlling such drug establishment, and who knowingly
 (l)   Receive, gather, collect and evaluate all information on the                       participates in, or consents to, tolerates, or abets the
        importation, exportation, production, manufacture, sale, stocks,                   commission of the act of violations as indicated in the
        seizures of and the estimated need for any dangerous drug                          preceding paragraph, all without prejudice to the criminal
        and/or controlled precursor and essential chemical, for which                      prosecution of the person responsible for the said violation;
        purpose the Board may require from any official,                            (u)   Appoint such technical, administrative and other personnel as
        instrumentality or agency of the government or any private                         may be necessary for the effective implementation of this Act,
        person or enterprise dealing in, or engaged in activities having                   subject to the Civil Service Law and its rules and regulations;
        to do with any dangerous drug and/or controlled precursors                  (v)   Establish a regular and continuing consultation with concerned
        and essential chemicals such data or information as it may                         government agencies and medical professional organizations
        need to implement this Act;                                                        to determine if balance exists in policies, procedures, rules and
 (m)   Gather and prepare detailed statistics on the importation,                         regulations on dangerous drugs and to provide
        exportation, manufacture, stocks, seizures of and estimates                        recommendations on how the lawful use of dangerous drugs
        need for any dangerous drug and/or controlled precursors and                       can be improved and facilitated; and
        essential chemicals and such other statistical data on said                 (w)   Submit an annual and periodic reports to the President, the
        drugs as may be periodically required by the United Nations                        Congress of the Philippines and the Senate and House of
        Narcotics Drug Commission, the World Health Organization                           Representatives committees concerned as may be required
        and other international organizations in consonance with the                       from time to time, and perform such other functions as may be
        country's international commitments;                                               authorized or required under existing laws and as directed by
 (n)   Develop and maintain international networking coordination                         the President himself/herself or as recommended by the
        with international drug control agencies and organizations, and                    congressional committees concerned.
        implement the provisions of international conventions and
        agreements thereon which have been adopted and approved                Section 82. Creation of the Philippine Drug Enforcement
        by the Congress of the Philippines;
                                                                               Agency (PDEA). – To carry out the provisions of this Act, the PDEA,
 (o)   Require all government and private hospitals, clinics, doctors,
                                                                               which serves as the implementing arm of the Board, and shall be
        dentists and other practitioners to submit a report to it, in
                                                                               responsible for the efficient and effective law enforcement of all the
        coordination with the PDEA, about all dangerous drugs and/or
                                                                               provisions on any dangerous drug and/or controlled precursor and
        controlled precursors and essential chemicals-related cases to
                                                                               essential chemical as provided in this Act.
        which they have attended for statistics and research purposes;
                                                                               The PDEA shall be headed by a Director General with the rank of
 (p)   Receive in trust legacies, gifts and donations of real and
                                                                               Undersecretary, who shall be responsible for the general administration
        personal properties of all kinds, to administer and dispose the
                                                                               and management of the Agency. The Director General of the PDEA shall
        same when necessary for the benefit of government and
                                                                               be appointed by the President of the Philippines and shall perform such
        private rehabilitation centers subject to limitations, directions
                                                                               other duties that may be assigned to him/her. He/she must possess
        and instructions from the donors, if any;
                                                                               adequate knowledge, training and experience in the field of dangerous
 (q)   Issue guidelines as to the approval or disapproval of
                                                                               drugs, and in any of the following fields: law enforcement, law, medicine,
        applications for voluntary treatment, rehabilitation or
                                                                               criminology, psychology or social work.
        confinement, wherein it shall issue the necessary guidelines,
                                                                               The Director General of the PDEA shall be assisted in the performance of
        rules and regulations pertaining to the application and its
                                                                               his/her duties and responsibilities by two (2) deputies director general
        enforcement;
                                                                               with the rank of Assistant Secretary; one for Operations and the other
 (r)   Formulate guidelines, in coordination with other government
                                                                               one for Administration. The two (2) deputies director general shall
        agencies,     the     importation,   distribution,   production,
                                                                               likewise be appointed by the President of the Philippines upon
        manufacture, compounding, prescription, dispensing and sale
                                                                               recommendation of the Board. The two (2) deputies director general
        of, and other lawful acts in connection with any dangerous
                                                                               shall possess the same qualifications as those of the Director General of
        drug, controlled precursors and essential chemicals and other
the PDEA. The Director General and the two (2) deputies director general                    coordinate with other government agencies for the proper and
shall receive the compensation and salaries as prescribed by law.                           effective prosecution of the same;
                                                                                     (i)   Monitor and if warranted by circumstances, in coordination
Section 83. Organization of the PDEA. – The present Secretariat                             with the Philippine Postal Office and the Bureau of Customs,
of the National Drug Law Enforcement and Prevention Coordinating                            inspect all air cargo packages, parcels and mails in the central
Center as created by Executive Order No. 61 shall be accordingly                            post office, which appear from the package and address itself
modified and absorbed by the PDEA.                                                          to be a possible importation of dangerous drugs and/or
The Director General of the PDEA shall be responsible for the necessary                     controlled precursors and essential chemicals, through on-line
changes in the organizational set-up which shall be submitted to the                        or cyber shops via the internet or cyberspace;
Board for approval.                                                                  (j)   Conduct eradication programs to destroy wild or illegal growth
For purposes of carrying out its duties and powers as provided for in the                   of plants from which dangerous drugs may be extracted;
succeeding Section of this Act, the PDEA shall have the following                    (k)   Initiate and undertake the formation of a nationwide
Services, namely: Intelligence and Investigation; International                             organization which shall coordinate and supervise all activities
Cooperation and Foreign Affairs; Preventive Education and Community                         against drug abuse in every province, city, municipality and
Involvement; Plans and Operations; Compliance; Legal and Prosecution;                       barangay with the active and direct participation of all such
Administrative and Human Resource; Financial Management; Logistics                          local government units and nongovernmental organizations,
Management; and Internal Affairs. The PDEA shall establish and maintain                     including the citizenry, subject to the provisions of previously
regional offices in the different regions of the country which shall be                     formulated programs of action against dangerous drugs;
responsible for the implementation of this Act and the policies,                     (l)   Establish and maintain a national drug intelligence system in
programs, and projects of said agency in their respective regions.                          cooperation with law enforcement agencies, other government
                                                                                            agencies/offices and local government units that will assist in
                                                                                            its apprehension of big-time drug lords;
Section 84. Powers and Duties of the PDEA. – The PDEA shall:
                                                                                     (m)   Establish and maintain close coordination, cooperation and
     (a) Implement or cause the efficient and effective implementation
                                                                                            linkages with international drug control and administration
          of the national drug control strategy formulated by the Board
                                                                                            agencies and organizations, and implement the applicable
          thereby carrying out a national drug campaign program which
                                                                                            provisions of international conventions and agreements
          shall include drug law enforcement, control and prevention
                                                                                            related to dangerous drugs to which the Philippines is a
          campaign with the assistance of concerned government
                                                                                            signatory;
          agencies;
                                                                                     (n)   Create and maintain an efficient special enforcement unit to
     (b) Undertake the enforcement of the provisions of Article II of this
                                                                                            conduct an investigation, file charges and transmit evidence to
          Act relative to the unlawful acts and penalties involving any
                                                                                            the proper court, wherein members of the said unit shall
          dangerous drug and/or controlled precursor and essential
                                                                                            possess suitable and adequate firearms for their protection in
          chemical and investigate all violators and other matters
                                                                                            connection with the performance of their duties: Provided, That
          involved in the commission of any crime relative to the use,
                                                                                            no previous special permit for such possession shall be
          abuse or trafficking of any dangerous drug and/or controlled
                                                                                            required;
          precursor and essential chemical as provided for in this Act
                                                                                     (o)   Require all government and private hospitals, clinics, doctors,
          and the provisions of Presidential Decree No. 1619;
                                                                                            dentists and other practitioners to submit a report to it, in
     (c) Administer oath, issue subpoena and subpoena duces tecum
                                                                                            coordination with the Board, about all dangerous drugs and/or
          relative to the conduct of investigation involving the violations
                                                                                            controlled precursors and essential chemicals which they have
          of this Act;
                                                                                            attended to for data and information purposes;
     (d) Arrest and apprehend as well as search all violators and seize
                                                                                     (p)   Coordinate with the Board for the facilitation of the issuance of
          or confiscate, the effects or proceeds of the crimes as
                                                                                            necessary guidelines, rules and regulations for the proper
          provided by law and take custody thereof, for this purpose the
                                                                                            implementation of this Act;
          prosecutors and enforcement agents are authorized to
                                                                                     (q)   Initiate and undertake a national campaign for drug prevention
          possess firearms, in accordance with existing laws;
                                                                                            and drug control programs, where it may enlist the assistance
     (e) Take charge and have custody of all dangerous drugs and/or
                                                                                            of any department, bureau, office, agency or instrumentality of
          controlled precursors and essential chemicals seized,
                                                                                            the government, including government-owned and or
          confiscated or surrendered to any national, provincial or local
                                                                                            –controlled corporations, in the anti-illegal drugs drive, which
          law enforcement agency, if no longer needed for purposes of
                                                                                            may include the use of their respective personnel, facilities,
          evidence in court;
                                                                                            and resources for a more resolute detection and investigation
     (f) Establish forensic laboratories in each PNP office in every
                                                                                            of drug-related crimes and prosecution of the drug traffickers;
          province and city in order to facilitate action on seize or
                                                                                            and
          confiscated drugs, thereby hastening its destruction without
                                                                                     (r)   Submit an annual and periodic reports to the Board as may be
          delay;
                                                                                            required from time to time, and perform such other functions
     (g) Recommend to the DOJ the forfeiture of properties and other
                                                                                            as may be authorized or required under existing laws and as
          assets of persons and/or corporations found to be violating
                                                                                            directed by the President himself/herself or as recommended
          the provisions of this Act and in accordance with the pertinent
                                                                                            by the congressional committees concerned.
          provisions of the Anti-Money-Laundering Act of 2001;
     (h) Prepare for prosecution or cause the filing of appropriate
          criminal and civil cases for violation of all laws on dangerous        Section 85. The PDEA Academy. – Upon the approval of the
          drugs, controlled precursors and essential chemicals, and              Board, the PDEA Academy shall be established either in Baguio or
          other similar controlled substances, and assist, support and           Tagaytay City, and in such other places as may be necessary. The PDEA
Academy shall be responsible in the recruitment and training of all PDEA              and other concerned agencies: Provided, further, That at least fifty
agents and personnel. The Board shall provide for the qualifications and              percent (50%) of all the funds shall be reserved for assistance to
requirements of its recruits who must be at least twenty-one (21) years               government-owned and/or operated rehabilitation centers.
old, of proven integrity and honesty and a Baccalaureate degree holder.               The fines shall be remitted to the Board by the court imposing such fines
The graduates of the Academy shall later comprise the operating units of              within thirty (30) days from the finality of its decisions or orders. The
the PDEA after the termination of the transition period of five (5) years             unclaimed and forfeited prizes shall be turned over to the Board by the
during which all the intelligence network and standard operating                      PCSO within thirty (30) days after these are collected and declared
procedures of the PDEA has been set up and operationalized. The                       forfeited.
Academy shall be headed by a Superintendent, with the rank of Director.               A portion of the funds generated by the Philippine Amusement and
He/she shall be appointed by the PDEA Director General.                               Gaming Corporation (PAGCOR) in the amount of Five million pesos
                                                                                      (P5,000,000.00) a month shall be set aside for the purpose of
Section 86. Transfer, Absorption, and Integration of All                              establishing adequate drug rehabilitation centers in the country and also
                                                                                      for the maintenance and operations of such centers: Provided, That the
Operating Units on Illegal Drugs into the PDEA and
                                                                                      said amount shall be taken from the fifty percent (50%) share of the
Transitory Provisions. – The Narcotics Group of the PNP, the                          National Government in the income of PAGCOR: Provided, further, That
Narcotics Division of the NBI and the Customs Narcotics Interdiction Unit             the said amount shall automatically be remitted by PAGCOR to the Board.
are hereby abolished; however they shall continue with the performance                The amount shall, in turn, be disbursed by the Dangerous Drugs Board,
of their task as detail service with the PDEA, subject to screening, until            subject to the rules and regulations of the Commission on Audit (COA).
such time that the organizational structure of the Agency is fully                    The fund may be augmented by grants, donations, and endowment from
operational and the number of graduates of the PDEA Academy is                        various sources, domestic or foreign, for purposes related to their
sufficient to do the task themselves: Provided, That such personnel who               functions, subject to the existing guidelines set by the government.
are affected shall have the option of either being integrated into the
PDEA or remain with their original mother agencies and shall, thereafter,
                                                                                      Section 88. Management of Funds Under this Act; Annual
be immediately reassigned to other units therein by the head of such
agencies. Such personnel who are transferred, absorbed and integrated                 Report by the Board and the PDEA. – The Board shall manage the
in the PDEA shall be extended appointments to positions similar in rank,              funds as it may deem proper for the attainment of the objectives of this
salary, and other emoluments and privileges granted to their respective               Act. In addition to the periodic reports as may be required under this Act,
positions in their original mother agencies.                                          the Chairman of the Board shall submit to the President of the
The transfer, absorption and integration of the different offices and units           Philippines and to the presiding officers of both houses of Congress,
provided for in this Section shall take effect within eighteen (18) months            within fifteen (15) days from the opening of the regular session, an
from the effectivity of this Act: Provided, That personnel absorbed and on            annual report on the dangerous drugs situation in the country which shall
detail service shall be given until five (5) years to finally decide to join the      include detailed account of the programs and projects undertaken,
PDEA.                                                                                 statistics on crimes related to dangerous drugs, expenses incurred
Nothing in this Act shall mean a diminution of the investigative powers of            pursuant to the provisions of this Act, recommended remedial legislation,
the NBI and the PNP on all other crimes as provided for in their                      if needed, and such other relevant facts as it may deem proper to cite.
respective organic laws: Provided, however, That when the investigation
being conducted by the NBI, PNP or any ad hoc anti-drug task force is                 Section 89. Auditing the Accounts and Expenses of the
found to be a violation of any of the provisions of this Act, the PDEA shall          Board and the PDEA. – All accounts and expenses of the Board and
be the lead agency. The NBI, PNP or any of the task force shall                       the PDEA shall be audited by the COA or its duly authorized
immediately transfer the same to the PDEA: Provided, further, That the                representative.
NBI, PNP and the Bureau of Customs shall maintain close coordination
with the PDEA on all drug related matters.
                                                                                                             ARTICLE XI
                      ARTICLE X                                                              Jurisdiction Over Dangerous Drugs Cases
Appropriations, Management of Funds and Annual Report                                 Section 90. Jurisdiction. – The Supreme Court shall designate
                                                                                      special courts from among the existing Regional Trial Courts in each
Section 87. Appropriations. – The amount necessary for the                            judicial region to exclusively try and hear cases involving violations of
operation of the Board and the PDEA shall be charged against the current              this Act. The number of courts designated in each judicial region shall be
year's appropriations of the Board, the National Drug Law Enforcement                 based on the population and the number of cases pending in their
and Prevention Coordinating Center, the Narcotics Group of the PNP, the               respective jurisdiction.
Narcotics Division of the NBI and other drug abuse units of the different             The DOJ shall designate special prosecutors to exclusively handle cases
law enforcement agencies integrated into the PDEA in order to carry out               involving violations of this Act.
the provisions of this Act. Thereafter, such sums as may be necessary                 The preliminary investigation of cases filed under this Act shall be
for the continued implementation of this Act shall be included in the                 terminated within a period of thirty (30) days from the date of their filing.
annual General Appropriations Act.                                                    When the preliminary investigation is conducted by a public prosecutor
All receipts derived from fines, fees and other income authorized and                 and a probable cause is established, the corresponding information shall
imposed in this Act, including ten percent (10%) of all unclaimed and                 be filed in court within twenty-four (24) hours from the termination of the
forfeited sweepstakes and lotto prizes but not less than twelve million               investigation. If the preliminary investigation is conducted by a judge and
pesos (P12,000,000.00) per year from the Philippine Charity                           a probable cause is found to exist, the corresponding information shall
Sweepstakes Office (PCSO), are hereby constituted as a special account                be filed by the proper prosecutor within forty-eight (48) hours from the
in the general fund for the implementation of this Act: Provided, That no             date of receipt of the records of the case.
amount shall be disbursed to cover the operating expenses of the Board
Trial of the case under this Section shall be finished by the court not later      or association, a pharmacy association, a public interest group
than sixty (60) days from the date of the filing of the information.               concerned with drug abuse, a national or local government agency, or an
Decision on said cases shall be rendered within a period of fifteen (15)           individual citizen. When a petition is received by the Board, it shall
days from the date of submission of the case for resolution.                       immediately begin its own investigation of the drug. The PDEA also may
                                                                                   begin an investigation of a drug at any time based upon the information
Section 91. Responsibility and Liability of Law                                    received from law enforcement laboratories, national and local law
                                                                                   enforcement and regulatory agencies, or other sources of information.
Enforcement Agencies and other Government Officials and
                                                                                   The Board after notice and hearing shall consider the following factors
Employees in Testifying as Prosecution Witnesses in                                with respect to each substance proposed to be reclassified, added or
Dangerous Drugs Cases. – Any member of law enforcement                             removed from control:
agencies or any other government official and employee who, after due                    (a) Its actual or relative potential for abuse;
notice, fails or refuses intentionally or negligently, to appear as a witness            (b) Scientific evidence of its pharmacological effect if known;
for the prosecution in any proceedings, involving violations of this Act,                (c) The state of current scientific knowledge regarding the drug or
without any valid reason, shall be punished with imprisonment of not less                     other substance;
than twelve (12) years and one (1) day to twenty (20) years and a fine of                (d) Its history and current pattern of abuse;
not less than Five hundred thousand pesos (P500,000.00), in addition to                  (e) The scope, duration, and significance of abuse;
the administrative liability he/she may be meted out by his/her                          (f) Risk to public health; and
immediate superior and/or appropriate body.                                              (g) Whether the substance is an immediate precursor of a
The immediate superior of the member of the law enforcement agency or                         substance already controlled under this Act.
any other government employee mentioned in the preceding paragraph                 The Board shall also take into accord the obligations and commitments
shall be penalized with imprisonment of not less than two (2) months               to international treaties, conventions and agreements to which the
and one (1) day but not more than six (6) years and a fine of not less than        Philippines is a signatory.
Ten thousand pesos (P10,000.00) but not more than Fifty thousand                   The Dangerous Drugs Board shall give notice to the general public of the
pesos (P50,000.00) and in addition, perpetual absolute disqualification            public hearing of the reclassification, addition to or removal from the list
from public office if despite due notice to them and to the witness                of any drug by publishing such notice in any newspaper of general
concerned, the former does not exert reasonable effort to present the              circulation once a week for two (2) weeks.
latter to the court.                                                               The effect of such reclassification, addition or removal shall be as
The member of the law enforcement agency or any other government                   follows:
employee mentioned in the preceding paragraphs shall not be transferred                  (a) In case a dangerous drug is reclassified as precursors and
or re-assigned to any other government office located in another                              essential chemicals, the penalties for the violations of this Act
territorial jurisdiction during the pendency of the case in court. However,                   involving the two latter categories of drugs shall, in case of
the concerned member of the law enforcement agency or government                              conviction, be imposed in all pending criminal prosecutions;
employee may be transferred or re-assigned for compelling reasons:                       (b) In case a precursors and essential chemicals is reclassified as
Provided, That his/her immediate superior shall notify the court where                        dangerous drug, the penalties for violations of the Act involving
the case is pending of the order to transfer or re-assign, within                             precursors and essential chemicals shall, in case of conviction,
twenty-four (24) hours from its approval; Provided, further, That his/her                     be imposed in all pending criminal prosecutions;
immediate superior shall be penalized with imprisonment of not less                      (c) In case of the addition of a new drug to the list of dangerous
than two (2) months and one (1) day but not more than six (6) years and                       drugs and precursors and essential chemicals, no criminal
a fine of not less than Ten thousand pesos (P10,000.00) but not more                          liability involving the same under this Act shall arise until after
than Fifty thousand pesos (P50,000.00) and in addition, perpetual                             the lapse of fifteen (15) days from the last publication of such
absolute disqualification from public office, should he/she fail to notify                    notice;
the court of such order to transfer or re-assign.                                        (d) In case of removal of a drug from the list of dangerous drugs
Prosecution and punishment under this Section shall be without                                and precursors and essential chemicals, all persons convicted
prejudice to any liability for violation of any existing law.                                 and/or detained for the use and/or possession of such a drug
                                                                                              shall be automatically released and all pending criminal
Section 92. Delay and Bungling in the Prosecution of Drug                                     prosecution involving such a drug under this Act shall forthwith
                                                                                              be dismissed; and
Cases. – Any government officer or employee tasked with the
                                                                                         (e) The Board shall, within five (5) days from the date of its
prosecution of drug-related cases under this act, who, through patent
                                                                                              promulgation submit to Congress a detailed reclassification,
laxity, inexcusable neglect, unreasonable delay or deliberately causes the
                                                                                              addition, or removal of any drug from the list of dangerous
unsuccessful prosecution and/or dismissal of the said drug cases, shall
                                                                                              drugs.
suffer the penalty of imprisonment ranging from twelve (12) years and
one (1) day to twenty (20) years without prejudice to his/her prosecution
under the pertinent provisions of the Revised Penal Code.                                              ARTICLE XII
                                                                                            Implementing Rules and Regulations
Section 93. Reclassification, Addition or Removal of Any                           Section 94. Implementing Rules and Regulations. – The
Drug from the List of Dangerous Drugs. – The Board shall have                      present Board in consultation with the DOH, DILG, DOJ, DepEd, DSWD,
the power to reclassify, add to or remove from the list of dangerous               DOLE, PNP, NBI, PAGCOR and the PCSO and all other concerned
drugs. Proceedings to reclassify, add, or remove a drug or other                   government agencies shall promulgate within sixty (60) days the
substance may be initiated by the PDEA, the DOH, or by petition from any           Implementing Rules and Regulations that shall be necessary to
interested party, including the manufacturer of a drug, a medical society          implement the provisions of this Act.
                     ARTICLE XIII                                                 provisions of the Revised Penal Code (Act No. 3814), as amended, shall
                                                                                  not apply to the provisions of this Act, except in the case of minor
                   Final Provisions
                                                                                  offenders. Where the offender is a minor, the penalty for acts punishable
Section 95. Congressional Oversight Committee. – There is                         by life imprisonment to death provided herein shall be reclusion perpetua
hereby created a Congressional Oversight Committee composed of                    to death.
seven (7) Members from the Senate and seven (7) Members from the
House of Representatives. The Members from the Senate shall be
                                                                                  Section 99. Separability Clause. – If for any reason any section or
appointed by the Senate President based on the proportional
                                                                                  provision of this Act, or any portion thereof, or the application of such
representation of the parties or coalitions therein with at least two (2)
                                                                                  section, provision or portion thereof to any person, group or
Senators representing the Minority. The Members from the House of
                                                                                  circumstance is declared invalid or unconstitutional, the remainder of
Representatives shall be appointed by the Speaker, also based on
                                                                                  this Act shall not be affected by such declaration and shall remain in
proportional representation of the parties or coalitions therein with at
                                                                                  force and effect.
least two (2) Members representing the Minority.
The Committee shall be headed by the respective Chairpersons of the
Senate Committee on Public Order and Illegal Drugs and the House of               Section 100. Repealing Clause. – Republic Act No. 6425, as
Representatives Committee on Dangerous Drugs.                                     amended, is hereby repealed and all other laws, administrative orders,
                                                                                  rules and regulations, or parts thereof inconsistent with the provisions of
                                                                                  this Act, are hereby repealed or modified accordingly.
Section 96. Powers and Functions of the Oversight
Committee. – The Oversight Committee on Dangerous Drugs shall, in                 Section 101. Amending Clause. – Republic Act No. 7659 is
aid of legislation, perform the following functions, among others:
                                                                                  hereby amended accordingly. Section 102. Effectivity. – This Act shall
     (a) To set the guidelines and overall framework to monitor and
                                                                                  take effect fifteen (15) days upon its publication in at least two (2)
           ensure the proper implementation of this Act;
                                                                                  national newspapers of general circulation.
     (b) To ensure transparency and require the submission of reports
           from government agencies concerned on the conduct of
                                                                                  Approved.
           programs, projects and policies relating to the implementation
                                                                                  (Sgd)
           of this act;
                                                                                  FRANKLIN M. DRILON
     (c) To approve the budget for the programs of the Oversight
                                                                                  President of the Senate
           Committee on Dangerous Drugs and all disbursements
           therefrom, including compensation of all personnel;
                                                                                  (Sgd)
     (d) To submit periodic reports to the President of the Philippines
                                                                                  JOSE DE VENECIA, JR.
           and Congress on the implementation of the provisions of this
                                                                                  Speaker of the House of Representatives
           Act;
     (e) To determine inherent weaknesses in the law and recommend
                                                                                  This Act which is a consolidation of Senate Bill No. 1858 and House Bill
           the necessary remedial legislation or executive measures; and
                                                                                  No. 4433 was finally passed by the Senate and the House of
     (f) To perform such other duties, functions and responsibilities as
                                                                                  Representatives on May 30, 2002 and May 29, 2002, respectively.
           may be necessary to effectively attain the objectives of this
           Act.
                                                                                  (Sgd)
                                                                                  OSCAR G. YABES
Section 97. Adoption of Committee Rules and Regulations,                          Secretary of the Senate
and Funding. – The Oversight Committee on Dangerous Drugs shall
adopt its internal rules of procedure, conduct hearings and receive               (Sgd)
testimonies, reports, and technical advice, invite or summon by                   ROBERTO P. NAZARENO
subpoena ad testificandum any public official, private citizen, or any other      Secretary General House of Representatives
person to testify before it, or require any person by subpoena duces
tecum documents or other materials as it may require consistent with              Approved: January     23, 2002
the provisions of this Act.
The Oversight Committee on Dangerous Drugs shall be assisted by a                 (Sgd)
secretariat to be composed by personnel who may be seconded from the              GLORIA MACAPAGAL-ARROYO
Senate and the House of Representatives and may retain consultants.               President of the Philippines
To carry out the powers and functions of the Oversight Committee on
Dangerous Drugs, the initial sum of Twenty Five million pesos
(P25,000,000.00) shall be charged against the current appropriations of
the Senate. Thereafter, such amount necessary for its continued
operations shall be included in the annual General Appropriations Act.             2.0    ANNEX 1988
The Oversight Committee on Dangerous Drugs shall exist for a period of                    UNITED NATIONS CONVENTION
ten (10) years from the effectivity of this Act and may be extended by a
joint concurrent resolution.                                                              AGAINST ILLICIT TRAFFIC IN
                                                                                          NARCOTIC DRUGS AND
Section 98. Limited Applicability of the Revised Penal
                                                                                          PSYCHOTROPIC SUBSTANCES
Code. – Notwithstanding any law, rule or regulation to the contrary, the
                                                                                   12.   Anileridine
 2.1        LIST OF SUBSTANCES IN TABLE I                                          13.   Benzethidine
                                                                                   14.   Benzylmorphine
     1.    Acetic Anhydride                                                       15.   Betacetylmethadol
     2.    N-Acetylanthranilic Acid                                               16.   Beta-hydroxyfentanyl
     3.    Ephedrine                                                              17.   Beta-hydroxy-3-methylfentanyl
     4.    Ergometrine                                                            18.   Betameprodine
     5.    Ergotamine                                                             19.   Betamethadol
     6.    Isosafrole                                                             20.   Betaprodine
     7.    Lysergic Acid                                                          21.   Bezitramide
     8.    3, 4-Methylenedioxyphenyl-2 Propanone                                  22.   Cannabis and Cannabis resin and extracts and tinctures of
     9.    Norephedrine                                                                  cannabis
     10.   1-Phenyl-2-Propanone                                                   23.   Clonitazene
     11.   Piperonal                                                              24.   Coca leaf
     12.   Potassium Permanganate                                                 25.   Cocaine
     13.   Pseudoephedrine                                                        26.   Codoxime
     14.   Safrole                                                                27.   Concentrate of poppy straw
                                                                                   28.   Desomorphine
The salts of the substances listed in this table whenever the existence of         29.   Dextromoramide
such salts is possible.                                                            30.   Diampromide
                                                                                   31.   Diethylthiambutene
                                                                                   32.   Difenoxin
 2.2                                                                               33.
            LIST OF SUBSTANCES IN TABLE II                                         34.   Dihydromorphine
                                                                                   35.   Dihydromorphine*
     1.    Acetone
                                                                                   36.   Dimenoxadol
     2.    Anthranilic acid
                                                                                   37.   Dimepheptanol
     3.    Ethyl ether
                                                                                   38.   Dimethylthiambutene
     4.    Hydrochloric acid
                                                                                   39.   Dioxaphetyl butyrate
     5.    Methyl ethyl ketone
                                                                                   40.   Diphenoxylate
     6.    Phenylacetic acid
                                                                                   41.   Dipipanone
     7.    Piperidine
                                                                                   42.   Drotebanol
     8.    Sulphuric acid
                                                                                   43.   Ecgonine
     9.    Toluene
                                                                                   44.   Ethylmethylthiambutene
                                                                                   45.   Etonitazene
The salts of the substances listed in this table whenever the existence of
                                                                                   46.   Etorphine
such salts is possible (the salts of hydrochloric acid and sulphuric acid
                                                                                   47.   Etoxeridine
are specifically excluded)
                                                                                   48.   Fentanyl
                                                                                   49.   Furethidine
                                                                                   50.   Heroin
                                                                                   51.   Hydrocodone
 3.0       1961 UNITED NATIONS SINGLE                                              52.   Hydromorphinol
                                                                                   53.   Hydromorphone
           CONVENTION ON NARCOTIC DRUGS AS                                         54.   Hydroxypethidine
           AMENDED BY THE 1972 PROTOCOL                                            55.   Isomethadone
                                                                                   56.   Ketobemidone
                                                                                   57.   Levomethorphan
 3.1        LIST OF DRUGS INCLUDED IN                                              58.   Levomoramide
                                                                                   59.   Levophenacylmorphan
            SCHEDULE I                                                             60.   Levorphanol
                                                                                   61.   Metazocine
     1.    Acetorphine                                                            62.   Methadone
     2.    Acetyl-alpha-methylfentanyl                                            63.   Methadone Intermediate
     3.    Acetylmethadol                                                         64.   Methyldesorphine
     4.    Alfentanil                                                             65.   Methyl Dihydromorphine
     5.    Allylprodine                                                           66.   3-methylfentanyl
     6.    Alphacetylmethadol                                                     67.   3-methylthiofentanyl
     7.    Alphameprodine                                                         68.   Metopon
     8.    Alphamethadol                                                          69.   Moramide intermediate
     9.    Alpha-methylfentanyl                                                   70.   Morpheridine
     10.   Alpha-methylthiofentanyl                                               71.   Morphine
     11.   Alphaprodine
                                    (+)-N-[a-Methyl-3,4-(methylenedio
        N-HYDROXY MDA
                                       xy)phenethyl]-hydroxylamine
                                                                              4.2      LIST OF SUBSTANCES IN SCHEDULE II
                                    3-Hexyl-7,8,9,10-tetrahydro-6,6,-9-         1.  Amfetamine (Amphetamine)
           PARAHEXYL                trimethyl-6H-dibenzo[b,d]pyran1-            2.  Dexamfetamine (Dexamphetamine)
                                                    ol                          3.  Fenetylline
                                                                                4.  Levamfetamine (Levamphetamine)
                                    p-Methoxy-a-methylphenethylami              5.  Levomethamphetamine
               PMA
                                      ne Paramethoxyamphetamine                 6.  Mecloqualone
                                                                                7.  Metamfetamine (Methamphetamine)
                                    3-[2-(Dimethylamino)ethyl]indol-4           8.  Methamphetamine Racemate
      PSILOCINE, PSILOTSIN
                                                   -ol                          9.  Methaqualone
                                                                                10. Methylphenidate
                                    3-[2-(Dimethylamino)ethyl]indol-4           11. Phencyclidine (Pcp)
          PSILOCYBINE                                                           12. Phenmetrazine
                                        -yl dihydrogen phosphate
                                                                                13. Secobarbital
   ROLICYCLIDINE (PHP, PCPY)        1-(1-Phenylcyclohexyl)pyrrolidine           14. Dronabinol     (Delta-9-Tetrahydro-Cannabinol   and   its
                                                                                     stereochemical variants)
                                                                                15. Zipeprol
                                    2,5-Dimethoxy-a,4-dimethylphene
            STP, DOM                                                            16. 2C-B(4-bromo-2,5-dimethoxyphenethylamine)
                                               thylamine
                                    a-Methyl-3,4-(methylenedioxy)ph
     TENAMFETAMINE (MDA)                     enethylamine                     4.3      LIST OF SUBSTANCES IN SCHEDULE III
                                      Methylenedioxyamphetamine
                                                                                1.    Amobarbital
                                                                                2.    Buprenorphine
                                    1-[1-(2-Thienyl)cyclohexyl]piperri          3.    Butalbital
      TENOCYCLIDINE (TCP)
                                                   dine                         4.    Cathine (+)-Norpseudo-Ephedrine
                                                                                5.    Cyclobarbital
                                     - the following isomers and their          6.    Flunitrazepam
                                          stereochemical variants:              7.    Glutethimide
                                    7,8,9,10-Tetrahydro-6,6,9-trimethy          8.    Pentazocine
                                    l-3-pentyl-6H-dibenzo[b,d]pyran1-           9.    Pentobarbital
                                                       ol
                                    (9R,10aR)-8,9,10,10a-Tetrahydro-
                                    6,6,9-trimethyl-3-pentyl-6Hdibenz
                                               o[b,d]pyran-1-ol
                                                                              4.4      LIST OF SUBSTANCES IN SCHEDULE IV
                                    (6aR,9R,10aR)-6a,9,10,10a-Tetrah            1.    Allobarbital
                                    ydro-6,6,9-trimethyl-3-pentyl6H-di          2.    Alprazolam
   TETRAHYDROCANNABINOL
                                            benzo[b,d]pyran-1-ol                3.    Amfepramone
                                    (6aR,10aR)-6a,7,10,10a-Tetrahydr            4.    Aminorex
                                    o-6,6,9-trimethyl-3-pentyl-6Hdibe           5.    Barbital
                                             nzo[b,d]pyran-1-ol                 6.    Benzfetamine(Benzphetamine)
                                    (6a,7,8,9-Tetrahydro-6,6,9-trimeth          7.    Bromazepam
                                    yl-3-pentyl-6Hdibenzo[b,d]pyran-1           8.    Butobarbital
                                                      -ol                       9.    Brotizolam
                                     (6aR,10aR)-6a,7,8,9,10,10a-Hexa            10.   Camazepam
                                    hydro-6,6,dimethyl-9-methylene3-            11.   Chlordiazepoxide
                                     pentyl-6H-Dibenzo[b,d]pyran-1-ol           12.   Clobazam
                                                                                13.   Clonazepam
                                         (±)-3,4,5-Trimethoxy-a –               14.   Clorazepate
                                          methylphenethylamine                  15.   Clotiazepam
               TMA                   3,4,5-Trimethoxyamphetamine                16.   Cloxazolam
                                    4-MIA-(a-methyl-4-methylthiophe             17.   Delorazepam
                                               nethylamine)                     18.   Diazepam
                                                                                19.   Estazolam
                                                                                20.   Ethchlorvynol
The stereoisomers, unless specifically excepted, of substances in this
                                                                                21.   Ethinamate
Schedule, whenever the existence of such stereou\isomers is possible
                                                                                22.   Ethyl Loflazepate
within the specific chemical designation.
                                                                                23.   Etilamfetamine(N-ethylampetamine)
 24.   Fencamfamin
 25.   Fenproporex
 26.   Fludiazepam
 27.   Flurazepam
 28.   Halazepam
 29.   Haloxazolam
 30.   Ketazolam
 31.   Lefetamine(Spa)
 32.   Loprazolam
 33.   Lorazepam
 34.   Lormetazepam
 35.   Mazindol
 36.   Medazepam
 37.   Mefenorex
 38.   Meprobamate
 39.   Mesocarb
 40.   Methylphenobarbital
 41.   Methyprylon
 42.   Midazolam
 43.   Nimetazepam
 44.   Nitrazepam
 45.   Nordazepam
 46.   Oxazepam
 47.   Oxazolam
 48.   Pemoline
 49.   Phendimetrazine
 50.   Phenobarbital
 51.   Phentermine
 52.   Pinazepam
 53.   Pipradrol
 54.   Prazepam