comprehensive dangerous drug act of 2002

7/24/2019 comprehensive dangerous drug act of 2002

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Congress of the Philippines

Twelfth Congress

First Regular Session

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

AN ACT INSTITUTIN) T*E CO+PRE*ENSI,E -AN)EROUS -RU)S ACT OF '(('& REPEALIN) REPUBL

ACT NO. "'#& OT*ER/ISE 0NO/N AS T*E -AN)EROUS -RU)S ACT OF !%'& AS A+EN-E-&

PRO,I-IN) FUN-S T*EREFOR& AN- FOR OT*ER PURPOSES

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

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

2002".

Se1tion '.Declaration of Policy. t is the polic! of the tate to safeguard the integrit! of its territor! and the

well#being of its citi$enr! particularl! the !outh% from the harmful e&ects of dangerous drugs on their ph!sical

and mental well#being% and to defend the same against acts or omissions detrimental to their development an

preservation. n view of the foregoing% the tate needs to enhance further the e'cac! of the law against

dangerous drugs% it being one of toda!(s more serious social ills.

Toward this end% the government shall pursue an intensive and unrelenting campaign against the tra'cking a

use of dangerous drugs and other similar substances through an integrated s!stem of planning% implementati

and enforcement of anti#drug abuse policies% programs% and pro)ects. The government shall however aim to

achieve a balance in the national drug control program so that people with legitimate medical needs are not

prevented from being treated with ade*uate amounts of appropriate medications% which include the use of

dangerous drugs.

t is further declared the polic! of the tate to provide e&ective mechanisms or measures to re#integrate into

societ! individuals who have fallen victims to drug abuse or dangerous drug dependence through sustainable

programs of treatment and rehabilitation.

ARTICLE I

-e2nition of ter3s

Se1tion 4. Denitions. As used in this Act% the following terms shall mean+

,a- Administer. An! act of introducing an! dangerous drug into the bod! of an! person% with or without hishe

knowledge% b! in)ection% inhalation% ingestion or other means% or of committing an! act of indispensable

assistance to a person in administering a dangerous drug to himselfherself unless administered b! a dul!

licensed practitioner for purposes of medication.

,b- /oard. # efers to the Dangerous Drugs /oard under ection 11% Article of this Act.

,c- Centers. # An! of the treatment and rehabilitation centers for drug dependents referred to in ection 34%

Article 5 of this Act.

,d- Chemical Diversion. The sale% distribution% suppl! or transport of legitimatel! imported% in#transit%

manufactured or procured controlled precursors and essential chemicals% in diluted% mi6tures or in concentrate

form% to an! person or entit! engaged in the manufacture of an! dangerous drug% and shall include packaging

repackaging% labeling% relabeling or concealment of such transaction through fraud% destruction of documents

fraudulent use of permits% misdeclaration% use of front companies or mail fraud.


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,e- Clandestine 7aborator!. An! facilit! used for the illegal manufacture of an! dangerous drug andor

controlled precursor and essential chemical.

,f- Con8rmator! Test. An anal!tical test using a device% tool or e*uipment with a di&erent chemical or ph!sic

principle that is more speci8c which will validate and con8rm the result of the screening test.

,g- Controlled Deliver!. The investigative techni*ue of allowing an unlawful or suspect consignment of an!

dangerous drug andor controlled precursor and essential chemical% e*uipment or paraphernalia% or propert!

believed to be derived directl! or indirectl! from an! o&ense% to pass into% through or out of the countr! under

the supervision of an authori$ed o'cer% with a view to gathering evidence to identif! an! person involved in adangerous drugs related o&ense% or to facilitate prosecution of that o&ense.

,h- Controlled 9recursors and :ssential Chemicals. nclude those listed in Tables and of the ;?

Convention Against llicit Tra'c in ?arcotic Drugs and 9s!chotropic ubstances as enumerated in the attached

anne6% which is an integral part of this Act.

,i- Cultivate or Culture. An! act of knowingl! planting% growing% raising% or permitting the planting% growing o

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

,)- Dangerous Drugs. nclude those listed in the chedules anne6ed to the ;


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,t- 7aborator! :*uipment. The paraphernalia% apparatus% materials or appliances when used% intended for us

or designed for use in the manufacture of an! dangerous drug andor controlled precursor and essential

chemical% such as reaction vessel% preparativepurif!ing e*uipment% fermentors% separator! funnel% Eask% heat

mantle% gas generator% or their substitute.

,u- Fanufacture. The production% preparation% compounding or processing of an! dangerous drug andor

controlled precursor and essential chemical% either directl! or indirectl! or b! e6traction from substances of

natural origin% or independentl! b! means of chemical s!nthesis or b! a combination of e6traction and chemic

s!nthesis% and shall include an! packaging or repackaging of such substances% design or con8guration of its

form% or labeling or relabeling of its containerG e6cept that such terms do not include the preparation%compounding% packaging or labeling of a drug or other substances b! a dul! authori$ed practitioner as an

incident to hisher administration or dispensation of such drug or substance in the course of hisher profession

practice including research% teaching and chemical anal!sis of dangerous drugs or such substances that are n

intended for sale or for an! other purpose.

,v- Cannabis or commonl! known as "Fari)uana" or "ndian Bemp" or b! its an! other name. :mbraces ever

kind% class% genus% or specie of the plant Cannabis sativa . including% but not limited to% Cannabis

a!ericana%hashish" bhang" gua#a" churrusand gan$ab% and embraces ever! kind% class and character of

mari)uana% whether dried or fresh and Eowering% Eowering or fruiting tops% or an! part or portion of the plant a

seeds thereof% and all its geographic varieties% whether as a reefer% resin% e6tract% tincture or in an! form

whatsoever.

,w- Feth!lenedio6!methamphetamine ,FDFA- or commonl! known as ":cstas!"% or b! its an! other name.

efers to the drug having such chemical composition% including an! of its isomers or derivatives in an! form.

,6- Fethamphetamine B!drochloride or commonl! known as "habu"% "ce"% "Feth"% or b! its an! other name.

efers to the drug having such chemical composition% including an! of its isomers or derivatives in an! form.

,!- pium. efers to the coagulated )uice of the opium popp! ,Papaver so!niferu! .- and embraces ever!

kind% class and character of opium% whether crude or preparedG the ashes or refuse of the sameG narcotic

preparations thereof or therefromG morphine or an! alkaloid of opiumG preparations in which opium% morphine

an! alkaloid of opium enters as an ingredientG opium popp!G opium popp! strawG and leaves or wrappings of

opium leaves% whether prepared for use or not.

,$- pium 9opp!. efers to an! part of the plant of the species Papaver so!niferu! ." Papaver setigeru! D

Papaver orientale" Papaver bracteatu!and Papaver rhoeas% which includes the seeds% straws% branches% leav

or an! part thereof% or substances derived therefrom% even for Eoral% decorative and culinar! purposes.

,aa- 9D:A. efers to the 9hilippine Drug :nforcement Agenc! under ection =2% Article of this Act.

,bb- 9erson. An! entit!% natural or )uridical% including among others% a corporation% partnership% trust or esta

)oint stock compan!% association% s!ndicate% )oint venture or other unincorporated organi$ation or group capa

of ac*uiring rights or entering into obligations.

,cc- 9lanting of :vidence. The willful act b! an! person of maliciousl! and surreptitiousl! inserting% placing%

adding or attaching directl! or indirectl!% through an! overt or covert act% whatever *uantit! of an! dangerous

drug andor controlled precursor and essential chemical in the person% house% e&ects or in the immediate vicin

of an innocent individual for the purpose of implicating% incriminating or imputing the commission of an!

violation of this Act.

,dd- 9ractitioner. An! person who is a licensed ph!sician% dentist% chemist% medical technologist% nurse%

midwife% veterinarian or pharmacist in the 9hilippines.

,ee- 9rotectorCoddler. An! person who knowingl! and willfull! consents to the unlawful acts provided for in

this Act and uses hisher inEuence% power or position in shielding% harboring% screening or facilitating the esca


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of an! person heshe knows% or has reasonable grounds to believe on or suspects% has violated the provisions

this Act in order to prevent the arrest% prosecution and conviction of the violator.

,&- 9usher. An! person who sells% trades% administers% dispenses% delivers or gives awa! to another% on an!

terms whatsoever% or distributes% dispatches in transit or transports dangerous drugs or who acts as a broker i

an! of such transactions% in violation of this Act.

,gg- chool. An! educational institution% private or public% undertaking educational operation for

pupilsstudents pursuing certain studies at de8ned levels% receiving instructions from teachers% usuall! located

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

,hh- creening Test. A rapid test performed to establish potentialpresumptive positive result.

,ii- ell. An! act of giving awa! an! dangerous drug andor controlled precursor and essential chemical whet

for mone! or an! other consideration.

,))- Trading. Transactions involving the illegal tra'cking of dangerous drugs andor controlled precursors and

essential chemicals using electronic devices such as% but not limited to% te6t messages% email% mobile or

landlines% two#wa! radios% internet% instant messengers and chat rooms or acting as a broker in an! of such

transactions whether for mone! or an! other consideration in violation of this Act.

,kk- >se. An! act of in)ecting% intravenousl! or intramuscularl!% of consuming% either b! chewing% smoking%

sni'ng% eating% swallowing% drinking or otherwise introducing into the ph!siological s!stem of the bod!% and o

the dangerous drugs.

ARTICLE II

Unlawful A1ts an5 Penalties

Se1tion .%!portation of Dangerous Drugs and&or Controlled Precursors and 'ssential Che!icals.( .The pena

of life imprisonment to death and a ranging from ive hundred thousand pesos ,9H00%000.00- to Ten million

pesos ,9;0%000%000.00- shall be imposed upon an! person% who% unless authori$ed b! law% shall import or brin

into the 9hilippines an! dangerous drug% regardless of the *uantit! and purit! involved% including an! and allspecies of opium popp! or an! part thereof or substances derived therefrom even for Eoral% decorative and

culinar! purposes.

The penalt! of imprisonment ranging from twelve ,;2- !ears and one ,;- da! to twent! ,20- !ears and a 8ne

ranging from ne hundred thousand pesos ,9;00%000.00- to ive hundred thousand pesos ,9H00%000.00- shal

be imposed upon an! person% who% unless authori$ed b! law% shall import an! controlled precursor and essent

chemical.

The ma6imum penalt! provided for under this ection shall be imposed upon an! person% who% unless authori

under this Act% shall import or bring into the 9hilippines an! dangerous drug andor controlled precursor and

essential chemical through the use of a diplomatic passport% diplomatic facilities or an! other means involvinghisher o'cial status intended to facilitate the unlawful entr! of the same. n addition% the diplomatic passport

shall be con8scated and canceled.

The ma6imum penalt! provided for under this ection shall be imposed upon an! person% who organi$es%

manages or acts as a "8nancier" of an! of the illegal activities prescribed in this ection.

The penalt! of twelve ,;2- !ears and one ,;- da! to twent! ,20- !ears of imprisonment and a 8ne ranging from

ne hundred thousand pesos ,9;00%000.00- to ive hundred thousand pesos ,9H00%000.00- shall be imposed

upon an! person% who acts as a "protectorcoddler" of an! violator of the provisions under this ection.


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Se1tion #.Sale" Trading" )d!inistration" Dispensation" Delivery" Distribution and Transportation of Dangerou

Drugs and&or Controlled Precursors and 'ssential Che!icals.# The penalt! of life imprisonment to death and a

8ne ranging from ive hundred thousand pesos ,9H00%000.00- to Ten million pesos ,9;0%000%000.00- shall be

imposed upon an! person% who% unless authori$ed b! law% shall sell% trade% administer% dispense% deliver% give

awa! to another% distribute dispatch in transit or transport an! dangerous drug% including an! and all species o

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



be imposed upon an! person% who% unless authori$ed b! law% shall sell% trade% administer% dispense% deliver% giawa! to another% distribute% dispatch in transit or transport an! controlled precursor and essential chemical% o

shall act as a broker in such transactions.

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

andor controlled precursor and essential chemical transpires within one hundred ,;00- meters from the schoo

the ma6imum penalt! shall be imposed in ever! case.

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

in an! other capacit! directl! connected to the dangerous drugs andor controlled precursors and essential

chemical trade% the ma6imum penalt! shall be imposed in ever! case.

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

controlled precursor and essential chemical involved in an! o&ense herein provided be the pro6imate cause o

death of a victim thereof% the ma6imum penalt! provided for under this ection shall be imposed.

The ma6imum penalt! provided for under this ection shall be imposed upon an! person who organi$es%





Se1tion ". *aintenance of a Den" Dive or Resort. # The penalt! of life imprisonment to death and a 8ne rangifrom ive hundred thousand pesos ,9H00%000.00- to Ten million pesos ,9;0%000%000.00- shall be imposed upon

an! person or group of persons who shall maintain a den% dive or resort where an! dangerous drug is used or

sold in an! form.



be imposed upon an! person or group of persons who shall maintain a den% dive% or resort where an! controlle

precursor and essential chemical is used or sold in an! form.

The ma6imum penalt! provided for under this ection shall be imposed in ever! case where an! dangerous d

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

hould an! dangerous drug be the pro6imate cause of the death of a person using the same in such den% dive

resort% the penalt! of death and a 8ne ranging from ne million ,9;%000%000.00- to ifteen million pesos

,9H00%000.00- shall be imposed on the maintainer% owner andor operator.

f such den% dive or resort is owned b! a third person% the same shall be con8scated and escheated in favor of

the government+ Provided% That the criminal complaint shall speci8call! allege that such place is intentionall!

used in the furtherance of the crime+ Provided" further% That the prosecution shall prove such intent on the pa

of the owner to use the propert! for such purpose+ Provided" nally% That the owner shall be included as an

accused in the criminal complaint.


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The ma6imum penalt! provided for under this ection shall be imposed upon an! person who organi$es%


The penalt! twelve ,;2- !ears and one ,;- da! to twent! ,20- !ears of imprisonment and a 8ne ranging from

hundred thousand pesos ,9;00%000.00- to ive hundred thousand pesos ,9H00%000.00- shall be imposed upon

an! person% who acts as a "protectorcoddler" of an! violator of the provisions under this ection.

Se1tion %. '!ployees and +isitors of a Den" Dive or Resort.# The penalt! of imprisonment ranging from twel

,;2- !ears and one ,;- da! to twent! ,20- !ears and a 8ne ranging from ne hundred thousand pesos

,9;00%000.00- to ive hundred thousand pesos ,9H00%000.00- shall be imposed upon+

,a- An! emplo!ee of a den% dive or resort% who is aware of the nature of the place as suchG and

,b- An! person who% not being included in the provisions of the ne6t preceding% paragraph% is aware of

nature of the place as such and shall knowingl! visit the same

Se1tion 6. *anufacture of Dangerous Drugs and&or Controlled Precursors and 'ssential Che!icals. # The

penalt! of life imprisonment to death and a 8ne ranging ive hundred thousand pesos ,9H00%000.00- to Ten

million pesos ,9;0%000%000.00- shall be imposed upon an! person% who% unless authori$ed b! law% shall engag

in the manufacture of an! dangerous drug.



be imposed upon an! person% who% unless authori$ed b! law% shall manufacture an! controlled precursor and

essential chemical.

The presence of an! controlled precursor and essential chemical or laborator! e*uipment in the clandestine

laborator! is apri!a facieproof of manufacture of an! dangerous drug. t shall be considered an aggravating

circumstance if the clandestine laborator! is undertaken or established under the following circumstances+

,a- An! phase of the manufacturing process was conducted in the presence or with the help of minors

,b- An! phase or manufacturing process was established or undertaken within one hundred ,;00- meteof a residential% business% church or school premisesG

,c- An! clandestine laborator! was secured or protected with boob! trapsG

,d- An! clandestine laborator! was concealed with legitimate business operationsG or

,e- An! emplo!ment of a practitioner% chemical engineer% public o'cial or foreigner.






Se1tion . %llegal Che!ical Diversion of Controlled Precursors and 'ssential Che!icals. # The penalt! of

imprisonment ranging from twelve ,;2- !ears and one ,;- da! to twent! ,20- !ears and a 8ne ranging from n

hundred thousand pesos ,9;00%000.00- to ive hundred thousand pesos ,9H00%000.00- shall be imposed upon

an! person% who% unless authori$ed b! law% shall illegall! divert an! controlled precursor and essential chemic

Se1tion !(. *anufacture or Delivery of ',uip!ent" %nstru!ent" )pparatus" and -ther Paraphernalia for

Dangerous Drugs and&or Controlled Precursors and 'ssential Che!icals. # The penalt! of imprisonment rangin


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from twelve ,;2- !ears and one ,;- da! to twent! ,20- !ears and a 8ne ranging from ne hundred thousand

pesos ,9;00%000.00- to ive hundred thousand pesos ,9H00%000.00- shall be imposed upon an! person who sh

deliver% possess with intent to deliver% or manufacture with intent to deliver e*uipment% instrument% apparatus

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

know% that it will be used to plant% propagate% cultivate% grow% harvest% manufacture% compound% convert%

produce% process% prepare% test% anal!$e% pack% repack% store% contain or conceal an! dangerous drug andor

controlled precursor and essential chemical in violation of this Act.

The penalt! of imprisonment ranging from si6 ,@- months and one ,;- da! to four ,4- !ears and a 8ne ranging

from Ten thousand pesos ,9;0%000.00- to ift! thousand pesos ,9H0%000.00- shall be imposed if it will be used in)ect% ingest% inhale or otherwise introduce into the human bod! a dangerous drug in violation of this Act.

The ma6imum penalt! provided for under this ection shall be imposed upon an! person% who uses a minor o

mentall! incapacitated individual to deliver such e*uipment% instrument% apparatus and other paraphernalia fo

dangerous drugs.

Se1tion !!. Possession of Dangerous Drugs. # The penalt! of life imprisonment to death and a 8ne ranging fr

ive hundred thousand pesos ,9H00%000.00- to Ten million pesos ,9;0%000%000.00- shall be imposed upon an!

person% who% unless authori$ed b! law% shall possess an! dangerous drug in the following *uantities% regardles

of the degree of purit! thereof+

,;- ;0 grams or more of opiumG

,2- ;0 grams or more of morphineG

,3- ;0 grams or more of heroinG

,4- ;0 grams or more of cocaine or cocaine h!drochlorideG

,H- H0 grams or more of methamphetamine h!drochloride or "shabu"G

,@- ;0 grams or more of mari)uana resin or mari)uana resin oilG

,1- H00 grams or more of mari)uanaG and

,=- ;0 grams or more of other dangerous drugs such as% but not limited to%

meth!lenedio6!methamphetamine ,FDA- or "ecstas!"% parametho6!amphetamine ,9FA-%

trimetho6!amphetamine ,TFA-% l!sergic acid dieth!lamine ,7D-% gamma h!dro6!amphetamine ,IB/-

and those similarl! designed or newl! introduced drugs and their derivatives% without having an!

therapeutic value or if the *uantit! possessed is far be!ond therapeutic re*uirements% as determined a

promulgated b! the /oard in accordance to ection


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having an! therapeutic value or if the *uantit! possessed is far be!ond therapeutic re*uirementsG or

three hundred ,300- grams or more but less than 8ve ,hundred- H00- grams of mari)uanaG and

,3- mprisonment of twelve ,;2- !ears and one ,;- da! to twent! ,20- !ears and a 8ne ranging from Th

hundred thousand pesos ,9300%000.00- to our hundred thousand pesos ,9400%000.00-% if the *uantitie

of dangerous drugs are less than 8ve ,H- grams of opium% morphine% heroin% cocaine or cocaine

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

other dangerous drugs such as% but not limited to% FDFA or "ecstas!"% 9FA% TFA% 7D% IB/% and those

similarl! designed or newl! introduced drugs and their derivatives% without having an! therapeutic valu

or if the *uantit! possessed is far be!ond therapeutic re*uirementsG or less than three hundred ,300-grams of mari)uana.

Se1tion !'. Possession of ',uip!ent" %nstru!ent" )pparatus and -ther Paraphernalia for Dangerous Drugs.

(The penalt! of imprisonment ranging from si6 ,@- months and one ,;- da! to four ,4- !ears and a 8ne ranging

from Ten thousand pesos ,9;0%000.00- to ift! thousand pesos ,9H0%000.00- shall be imposed upon an! person

who% unless authori$ed b! law% shall possess or have under hisher control an! e*uipment% instrument%

apparatus and other paraphernalia 8t or intended for smoking% consuming% administering% in)ecting% ingesting

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

professionals who are re*uired to carr! such e*uipment% instrument% apparatus and other paraphernalia in the

practice of their profession% the /oard shall prescribe the necessar! implementing guidelines thereof.

The possession of such e*uipment% instrument% apparatus and other paraphernalia 8t or intended for an! of th

purposes enumerated in the preceding paragraph shall bepri!a facieevidence that the possessor has smoke

consumed% administered to himselfherself% in)ected% ingested or used a dangerous drug and shall be presume

to have violated ection ;H of this Act.

Se1tion !4. Possession of Dangerous Drugs During Parties" Social atherings or *eetings. An! person foun

possessing an! dangerous drug during a part!% or at a social gathering or meeting% or in the pro6imate compa

of at least two ,2- persons% shall su&er the ma6imum penalties provided for in ection ;; of this Act% regardles

of the *uantit! and purit! of such dangerous drugs.

Se1tion !. Possession of ',uip!ent" %nstru!ent" )pparatus and -ther Paraphernalia for Dangerous Drugs

During Parties" Social atherings or *eetings. # The ma6imum penalt! provided for in ection ;2 of this Act shbe imposed upon an! person% who shall possess or have under hisher control an! e*uipment% instrument%

apparatus and other paraphernalia 8t or intended for smoking% consuming% administering% in)ecting% ingesting

introducing an! dangerous drug into the bod!% during parties% social gatherings or meetings% or in the pro6ima

compan! of at least two ,2- persons.

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

an! dangerous drug% after a con8rmator! test% shall be imposed a penalt! of a minimum of si6 ,@- months

rehabilitation in a government center for the 8rst o&ense% sub)ect to the provisions of Article 5 of this Act. f

apprehended using an! dangerous drug for the second time% heshe shall su&er the penalt! of imprisonment

ranging from si6 ,@- !ears and one ,;- da! to twelve ,;2- !ears and a 8ne ranging from ift! thousand pesos

,9H0%000.00- to Two hundred thousand pesos ,9200%000.00-+ Provided"That this ection shall not be applicabl

where the person tested is also found to have in hisher possession such *uantit! of an! dangerous drug

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

Se1tion !". Cultivation or Culture of Plants Classied as Dangerous Drugs or are Sources Thereof. (The pena

of life imprisonment to death and a 8ne ranging from ive hundred thousand pesos ,9H00%000.00- to Ten millio

pesos ,9;0%000%000.00- shall be imposed upon an! person% who shall plant% cultivate or culture mari)uana%

opium popp! or an! other plant regardless of *uantit!% which is or ma! hereafter be classi8ed as a dangerous

drug or as a source from which an! dangerous drug ma! be manufactured or derived+ Provided% That in the ca

of medical laboratories and medical research centers which cultivate or culture mari)uana% opium popp! and

other plants% or materials of such dangerous drugs for medical e6periments and research purposes% or for the


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creation of new t!pes of medicine% the /oard shall prescribe the necessar! implementing guidelines for the

proper cultivation% culture% handling% e6perimentation and disposal of such plants and materials.

The land or portions thereof andor greenhouses on which an! of said plants is cultivated or cultured shall be

con8scated and escheated in favor of the tate% unless the owner thereof can prove lack of knowledge of such

cultivation or culture despite the e6ercise of due diligence on hisher part. f the land involved is part of the

public domain% the ma6imum penalt! provided for under this ection shall be imposed upon the o&ender.






Se1tion !%. *aintenance and 0eeping of -riginal Records of Transactions on Dangerous Drugs and&or

Controlled Precursors and 'ssential Che!icals. (The penalt! of imprisonment ranging from one ,;- !ear and o

,;- da! to si6 ,@- !ears and a 8ne ranging from Ten thousand pesos ,9;0%000.00- to ift! thousand pesos

,9H0%000.00- shall be imposed upon an! practitioner% manufacturer% wholesaler% importer% distributor% dealer o

retailer who violates or fails to compl! with the maintenance and keeping of the original records of transaction

on an! dangerous drug andor controlled precursor and essential chemical in accordance with ection 40 of th

Act.

An additional penalt! shall be imposed through the revocation of the license to practice hisher profession% in

case of a practitioner% or of the business% in case of a manufacturer% seller% importer% distributor% dealer or

retailer.

Se1tion !6. /nnecessary Prescription of Dangerous Drugs. The penalt! of imprisonment ranging from twelv

,;2- !ears and one ,;- da! to twent! ,20- !ears and a 8ne ranging from ne hundred thousand pesos

,9;00%000.00- to ive hundred thousand pesos ,9H00%000.00- and the additional penalt! of the revocation of

hisher license to practice shall be imposed upon the practitioner% who shall prescribe an! dangerous drug to a

person whose ph!sical or ph!siological condition does not re*uire the use or in the dosage prescribed therein

determined b! the /oard in consultation with recogni$ed competent e6perts who are authori$ed representativof professional organi$ations of practitioners% particularl! those who are involved in the care of persons with

severe pain.

Se1tion !./nla1ful Prescription of Dangerous Drugs. The penalt! of life imprisonment to death and a 8ne

ranging from ive hundred thousand pesos ,9H00%000.00- to Ten million pesos ,9;0%000%000.00- shall be

imposed upon an! person% who% unless authori$ed b! law% shall make or issue a prescription or an! other writi

purporting to be a prescription for an! dangerous drug.

Se1tion '(.Conscation and 2orfeiture of the Proceeds or %nstru!ents of the /nla1ful )ct" %ncluding the

Properties or Proceeds Derived fro! the %llegal Tra3c4ing of Dangerous Drugs and&or Precursors and 'ssentia

Che!icals. :ver! penalt! imposed for the unlawful importation% sale% trading% administration% dispensation%deliver!% distribution% transportation or manufacture of an! dangerous drug andor controlled precursor and

essential chemical% the cultivation or culture of plants which are sources of dangerous drugs% and the possess

of an! e*uipment% instrument% apparatus and other paraphernalia for dangerous drugs including other

laborator! e*uipment% shall carr! with it the con8scation and forfeiture% in favor of the government% of all the

proceeds and properties derived from the unlawful act% including% but not limited to% mone! and other assets

obtained thereb!% and the instruments or tools with which the particular unlawful act was committed% unless

the! are the propert! of a third person not liable for the unlawful act% but those which are not of lawful

commerce shall be ordered destro!ed without dela! pursuant to the provisions of ection 2; of this Act.

After conviction in the egional Trial Court in the appropriate criminal case 8led% the Court shall immediatel!

schedule a hearing for the con8scation and forfeiture of all the proceeds of the o&ense and all the assets and


10/35

properties of the accused either owned or held b! him or in the name of some other persons if the same shall

found to be manifestl! out of proportion to hisher lawful income+ Provided" ho1ever% That if the forfeited

propert! is a vehicle% the same shall be auctioned o& not later than 8ve ,H- da!s upon order of con8scation or

forfeiture.

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

ma! be con8scated and forfeited% shall be disposed% alienated or transferred and the same shall be in custodia

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

The proceeds of an! sale or disposition of an! propert! con8scated or forfeited under this ection shall be useto pa! all proper e6penses incurred in the proceedings for the con8scation% forfeiture% custod! and maintenan

of the propert! pending disposition% as well as e6penses for publication and court costs. The proceeds in e6ce

of the above e6penses shall accrue to the /oard to be used in its campaign against illegal drugs.

Se1tion '!.Custody and Disposition of Conscated" Sei#ed" and&or Surrendered Dangerous Drugs" Plant

Sources of Dangerous Drugs" Controlled Precursors and 'ssential Che!icals" %nstru!ents&Paraphernalia and&o

aboratory ',uip!ent. The 9D:A shall take charge and have custod! of all dangerous drugs% plant sources o

dangerous drugs% controlled precursors and essential chemicals% as well as instrumentsparaphernalia andor

laborator! e*uipment so con8scated% sei$ed andor surrendered% for proper disposition in the following manne

,;- The apprehending team having initial custod! and control of the drugs shall% immediatel! after sei$

and con8scation% ph!sicall! inventor! and photograph the same in the presence of the accused or the

persons from whom such items were con8scated andor sei$ed% or hisher representative or counsel% a

representative from the media and the Department of Justice ,DJ-% and an! elected public o'cial who

shall be re*uired to sign the copies of the inventor! and be given a cop! thereofG

,2- ithin twent!#four ,24- hours upon con8scationsei$ure of dangerous drugs% plant sources of

dangerous drugs% controlled precursors and essential chemicals% as well as instrumentsparaphernalia

andor laborator! e*uipment% the same shall be submitted to the 9D:A orensic 7aborator! for a

*ualitative and *uantitative e6aminationG

,3- A certi8cation of the forensic laborator! e6amination results% which shall be done under oath b! the

forensic laborator! e6aminer% shall be issued within twent!#four ,24- hours after the receipt of the sub)items+ Provided% That when the volume of the dangerous drugs% plant sources of dangerous drugs% and

controlled precursors and essential chemicals does not allow the completion of testing within the time

frame% a partial laborator! e6amination report shall be provisionall! issued stating therein the *uantitie

of dangerous drugs still to be e6amined b! the forensic laborator!+ Provided" ho1ever% That a 8nal

certi8cation shall be issued on the completed forensic laborator! e6amination on the same within the

ne6t twent!#four ,24- hoursG

,4- After the 8ling of the criminal case% the Court shall% within sevent!#two ,12- hours% conduct an ocula

inspection of the con8scated% sei$ed andor surrendered dangerous drugs% plant sources of dangerous

drugs% and controlled precursors and essential chemicals% including the instrumentsparaphernalia and

laborator! e*uipment% and through the 9D:A shall within twent!#four ,24- hours thereafter proceed witthe destruction or burning of the same% in the presence of the accused or the persons from whom suc

items were con8scated andor sei$ed% or hisher representative or counsel% a representative from the

media and the DJ% civil societ! groups and an! elected public o'cial. The /oard shall draw up the

guidelines on the manner of proper disposition and destruction of such items which shall be borne b!

o&ender+ Provided% That those items of lawful commerce% as determined b! the /oard% shall be donate

used or rec!cled for legitimate purposes+ Provided" further% That a representative sample% dul! weighed

and recorded is retainedG

,H- The /oard shall then issue a sworn certi8cation as to the fact of destruction or burning of the sub)e

items which% together with the representative samples in the custod! of the 9D:A% shall be submitted


11/35

the court having )urisdiction over the case. n all instances% the representative samples shall be kept to

minimum *uantit! as determined b! the /oardG

,@- The alleged o&ender or hisher representative or counsel shall be allowed to personall! observe all

the above proceedings and hisher presence shall not constitute an admission of guilt. n case the said

o&ender or accused refuses or fails to appoint a representative after due notice in writing to the accuse

or hisher counsel within sevent!#two ,12- hours before the actual burning or destruction of the eviden

in *uestion% the ecretar! of Justice shall appoint a member of the public attorne!(s o'ce to represent

the formerG

,1- After the promulgation and )udgment in the criminal case wherein the representative samples was

presented as evidence in court% the trial prosecutor shall inform the /oard of the 8nal termination of th

case and% in turn% shall re*uest the court for leave to turn over the said representative samples to the

9D:A for proper disposition and destruction within twent!#four ,24- hours from receipt of the sameG an

,=- Transitor! 9rovision+ a- ithin twent!#four ,24- hours from the e&ectivit! of this Act% dangerous drug

de8ned herein which are presentl! in possession of law enforcement agencies shall% with leave of court

be burned or destro!ed% in the presence of representatives of the Court% DJ% Department of Bealth

,DB- and the accusedand or hisher counsel% and% b- 9ending the organi$ation of the 9D:A% the custo

disposition% and burning or destruction of sei$edsurrendered dangerous drugs provided under this

ection shall be implemented b! the DB.

Se1tion ''.rant of Co!pensation" Re1ard and )1ard. The /oard shall recommend to the concerned

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

law enforcers participating in the operation% which results in the successful con8scation% sei$ure or surrender o

dangerous drugs% plant sources of dangerous drugs% and controlled precursors and essential chemicals.

Se1tion '4. Plea(Bargaining Provision. An! person charged under an! provision of this Act regardless of the

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

Se1tion '. 5on()pplicability of the Probation a1 for Drug Tra3c4ers and Pushers. An! person convicted f

drug tra'cking or pushing under this Act% regardless of the penalt! imposed b! the Court% cannot avail of the

privilege granted b! the 9robation 7aw or 9residential Decree ?o.


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Controlled Precursors and 'ssential Che!icals" %nstru!ents&Paraphernalia and&or aboratory ',uip!ent

%ncluding the Proceeds or Properties -btained fro! the /nla1ful )ct Co!!itted. The penalt! of life

imprisonment to death and a 8ne ranging from ive hundred thousand pesos ,9H00%000.00- to Ten million pes

,9;0%000%000.00-% in addition to absolute perpetual dis*uali8cation from an! public o'ce% shall be imposed up

an! public o'cer or emplo!ee who misappropriates% misapplies or fails to account for con8scated% sei$ed or

surrendered dangerous drugs% plant sources of dangerous drugs% controlled precursors and essential chemical

instrumentsparaphernalia andor laborator! e*uipment including the proceeds or properties obtained from th

unlawful acts as provided for in this Act.

An! elective local or national o'cial found to have bene8ted from the proceeds of the tra'cking of dangeroudrugs as prescribed in this Act% or have received an! 8nancial or material contributions or donations from natu

or )uridical persons found guilt! of tra'cking dangerous drugs as prescribed in this Act% shall be removed from

o'ce and perpetuall! dis*uali8ed from holding an! elective or appointive positions in the government% its

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

Se1tion '6.Cri!inal iability of overn!ent -3cials and '!ployees. The ma6imum penalties of the unlaw

acts provided for in this Act shall be imposed% in addition to absolute perpetual dis*uali8cation from an! publi

o'ce% if those found guilt! of such unlawful acts are government o'cials and emplo!ees.

Se1tion '. Cri!inal iability for Planting of 'vidence. An! person who is found guilt! of "planting" an!

dangerous drug andor controlled precursor and essential chemical% regardless of *uantit! and purit!% shall

su&er the penalt! of death.

Se1tion 4(.Cri!inal iability of -3cers of Partnerships" Corporations" )ssociations or -ther 9uridical 'ntities

n case an! violation of this Act is committed b! a partnership% corporation% association or an! )uridical entit!%

the partner% president% director% manager% trustee% estate administrator% or o'cer who consents to or knowing

tolerates such violation shall be held criminall! liable as a co#principal.

The penalt! provided for the o&ense under this Act shall be imposed upon the partner% president% director%

manager% trustee% estate administrator% or o'cer who knowingl! authori$es% tolerates or consents to the use o

vehicle% vessel% aircraft% e*uipment or other facilit!% as an instrument in the importation% sale% trading%

administration% dispensation% deliver!% distribution% transportation or manufacture of dangerous drugs% or

chemical diversion% if such vehicle% vessel% aircraft% e*uipment or other instrument is owned b! or under thecontrol or supervision of the partnership% corporation% association or )uridical entit! to which the! are a'liated

Se1tion 4!.)dditional Penalty if -7ender is an )lien. n addition to the penalties prescribed in the unlawful

act committed% an! alien who violates such provisions of this Act shall% after service of sentence% be deported

immediatel! without further proceedings% unless the penalt! is death.

Se1tion 4'.iability to a Person +iolating )ny Regulation %ssued by the Board. The penalt! of imprisonmen

ranging from si6 ,@- months and one ,;- da! to four ,4- !ears and a 8ne ranging from Ten thousand pesos

,9;0%000.00- to ift! thousand pesos ,9H0%000.00- shall be imposed upon an! person found violating an!

regulation dul! issued b! the /oard pursuant to this Act% in addition to the administrative sanctions imposed b

the /oard.

Se1tion 44.%!!unity fro! Prosecution and Punish!ent. ?otwithstanding the provisions of ection ;1% ule

;;< of the evised ules of Criminal 9rocedure and the provisions of epublic Act ?o. @


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,;- The information and testimon! are necessar! for the conviction of the persons described aboveG

,2- uch information and testimon! are not !et in the possession of the tateG

,3- uch information and testimon! can be corroborated on its material pointsG

,4- the informant or witness has not been previousl! convicted of a crime involving moral turpitude%

e6cept when there is no other direct evidence available for the tate other than the information and

testimon! of said informant or witnessG and

,H- The informant or witness shall strictl! and faithfull! compl! without dela!% an! condition or

undertaking% reduced into writing% lawfull! imposed b! the tate as further consideration for the grant

immunit! from prosecution and punishment.

Provided" further% That this immunit! ma! be en)o!ed b! such informant or witness who does not appear to be

most guilt! for the o&ense with reference to which hisher information or testimon! were given+ Provided" na

That there is no direct evidence available for the tate e6cept for the information and testimon! of the said

informant or witness.

Se1tion 4.Ter!ination of the rant of %!!unity. The immunit! granted to the informant or witness% as

prescribed in ection 33 of this Act% shall not attach should it turn out subse*uentl! that the information ando

testimon! is false% malicious or made onl! for the purpose of harassing% molesting or in an! wa! pre)udicing th

persons described in the preceding ection against whom such information or testimon! is directed against. n

such case% the informant or witness shall be sub)ect to prosecution and the en)o!ment of all rights and bene8t

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

n case an informant or witness under this Act fails or refuses to testif! without )ust cause% and when lawfull!

obliged to do so% or should heshe violate an! condition accompan!ing such immunit! as provided above% his

immunit! shall be removed and heshe shall likewise be sub)ect to contempt andor criminal prosecution% as t

case ma! be% and the en)o!ment of all rights and bene8ts previousl! accorded him under this Act or in an! oth

law% decree or order shall be deemed terminated.

n case the informant or witness referred to under this Act falls under the applicabilit! of this ection hereof%such individual cannot avail of the provisions under Article 5 of this Act.

Se1tion 4#.)ccessory Penalties. A person convicted under this Act shall be dis*uali8ed to e6ercise hisher

civil rights such as but not limited to% the rights of parental authorit! or guardianship% either as to the person o

propert! of an! ward% the rights to dispose of such propert! b! an! act or an! conve!ance inter vivos% and

political rights such as but not limited to% the right to vote and be voted for. uch rights shall also be suspende

during the pendenc! of an appeal from such conviction.

ARTICLE III

-angerous -rugs Test an5 Re1or5 Re7uire3ents

Se1tion 4".)uthori#ed Drug Testing. Authori$ed drug testing shall be done b! an! government forensic

laboratories or b! an! of the drug testing laboratories accredited and monitored b! the DB to safeguard the

*ualit! of test results. The DB shall take steps in setting the price of the drug test with DB accredited drug

testing centers to further reduce the cost of such drug test. The drug testing shall emplo!% among others% two

,2- testing methods% the screening test which will determine the positive result as well as the t!pe of the drug

used and the con8rmator! test which will con8rm a positive screening test. Drug test certi8cates issued b!

accredited drug testing centers shall be valid for a one#!ear period from the date of issue which ma! be used f

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


14/35

,a- Applicants for driver(s license. ?o driver(s license shall be issued or renewed to an! person unless

heshe presents a certi8cation that heshe has undergone a mandator! drug test and indicating thereo

that heshe is free from the use of dangerous drugsG

,b- Applicants for 8rearm(s license and for permit to carr! 8rearms outside of residence. All applicants

for 8rearm(s license and permit to carr! 8rearms outside of residence shall undergo a mandator! drug

test to ensure that the! are free from the use of dangerous drugs+ Provided% That all persons who b! th

nature of their profession carr! 8rearms shall undergo drug testingG

,c- tudents of secondar! and tertiar! schools. tudents of secondar! and tertiar! schools shall%pursuant to the related rules and regulations as contained in the school(s student handbook and with

notice to the parents% undergo a random drug testing+ Provided% That all drug testing e6penses whethe

in public or private schools under this ection will be borne b! the governmentG

,d- 'cers and emplo!ees of public and private o'ces. 'cers and emplo!ees of public and private

o'ces% whether domestic or overseas% shall be sub)ected to undergo a random drug test as contained

the compan!(s work rules and regulations% which shall be borne b! the emplo!er% for purposes of

reducing the risk in the workplace. An! o'cer or emplo!ee found positive for use of dangerous drugs

shall be dealt with administrativel! which shall be a ground for suspension or termination% sub)ect to th

provisions of Article 2=2 of the 7abor Code and pertinent provisions of the Civil ervice 7awG

,e- 'cers and members of the militar!% police and other law enforcement agencies. 'cers and

members of the militar!% police and other law enforcement agencies shall undergo an annual mandato

drug testG

,f- All persons charged before the prosecutor(s o'ce with a criminal o&ense having an imposable pena

of imprisonment of not less than si6 ,@- !ears and one ,;- da! shall have to undergo a mandator! drug

testG and

,g- All candidates for public o'ce whether appointed or elected both in the national or local governme

shall undergo a mandator! drug test.

n addition to the above stated penalties in this ection% those found to be positive for dangerous druguse shall be sub)ect to the provisions of ection ;H of this Act.

Se1tion 4%. %ssuance of 2alse or 2raudulent Drug Test Results. An! person authori$ed% licensed or accredite

under this Act and its implementing rules to conduct drug e6amination or test% who issues false or fraudulent

drug test results knowingl!% willfull! or through gross negligence% shall su&er the penalt! of imprisonment

ranging from si6 ,@- !ears and one ,;- da! to twelve ,;2- !ears and a 8ne ranging from ne hundred thousand

pesos ,9;00%000.00- to ive hundred thousand pesos ,9H00%000.00-.

An additional penalt! shall be imposed through the revocation of the license to practice hisher profession in

case of a practitioner% and the closure of the drug testing center.

Se1tion 46.aboratory ':a!ination or Test on )pprehended&)rrested -7enders. ub)ect to ection ;H of th

Act% an! person apprehended or arrested for violating the provisions of this Act shall be sub)ected to screening

laborator! e6amination or test within twent!#four ,24- hours% if the apprehending or arresting o'cer has

reasonable ground to believe that the person apprehended or arrested% on account of ph!sical signs or

s!mptoms or other visible or outward manifestation% is under the inEuence of dangerous drugs. f found to be

positive% the results of the screening laborator! e6amination or test shall be challenged within 8fteen ,;H- da!

after receipt of the result through a con8rmator! test conducted in an! accredited anal!tical laborator!

e*uipment with a gas chromatographmass spectrometr! e*uipment or some such modern and accepted

method% if con8rmed the same shall bepri!a facieevidence that such person has used dangerous drugs% whi

is without pre)udice for the prosecution for other violations of the provisions of this Act+ Provided% That a positi

screening laborator! test must be con8rmed for it to be valid in a court of law.


15/35

Se1tion 4.)ccreditation of Drug Testing Centers and Physicians. The DB shall be tasked to license and

accredit drug testing centers in each province and cit! in order to assure their capacit!% competence% integrit!

and stabilit! to conduct the laborator! e6aminations and tests provided in this Article% and appoint such

technical and other personnel as ma! be necessar! for the e&ective implementation of this provision. The D

shall also accredit ph!sicians who shall conduct the drug dependenc! e6amination of a drug dependent as we

as the after#care and follow#up program for the said drug dependent. There shall be a control regulations%

licensing and accreditation division under the supervision of the DB for this purpose.

or this purpose% the DB shall establish% operate and maintain drug testing centers in government hospitals%

which must be provided at least with basic technologicall! advanced e*uipment and materials% in order toconduct the laborator! e6amination and tests herein provided% and appoint such *uali8ed and dul! trained

technical and other personnel as ma! be necessar! for the e&ective implementation of this provision.

Se1tion (.Records Re,uired for Transactions on Dangerous Drug and Precursors and 'ssential Che!icals.

a- :ver! pharmacist dealing in dangerous drugs andor controlled precursors and essential chemicals

shall maintain and keep an original record of sales% purchases% ac*uisitions and deliveries of dangerous

drugs% indicating therein the following information+

,;- 7icense number and address of the pharmacistG

,2- ?ame% address and license of the manufacturer% importer or wholesaler from whom the

dangerous drugs have been purchasedG

,3- Kuantit! and name of the dangerous drugs purchased or ac*uiredG

,4- Date of ac*uisition or purchaseG

,H- ?ame% address and communit! ta6 certi8cate number of the bu!erG

,@- erial number of the prescription and the name of the ph!sician% dentist% veterinarian or

practitioner issuing the sameG

,1- Kuantit! and name of the dangerous drugs sold or deliveredG and

,=- Date of sale or deliver!.

A certi8ed true cop! of such record covering a period of si6 ,@- months% dul! signed b! the pharmacist

the owner of the drugstore% pharmac! or chemical establishment% shall be forwarded to the /oard with

8fteen ,;H- da!s following the last da! of June and December of each !ear% with a cop! thereof furnish

the cit! or municipal health o'cer concerned.

,b- A ph!sician% dentist% veterinarian or practitioner authori$ed to prescribe an! dangerous drug shall

issue the prescription therefor in one ,;- original and two ,2- duplicate copies. The original% after theprescription has been 8lled% shall be retained b! the pharmacist for a period of one ,;- !ear from the da

of sale or deliver! of such drug. ne ,;- cop! shall be retained b! the bu!er or b! the person to whom

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

issuing the prescription.

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

shall be written on forms e6clusivel! issued b! and obtainable from the DB. uch forms shall be made

of a special kind of paper and shall be distributed in such *uantities and contain such information and

other data as the DB ma!% b! rules and regulations% re*uire. uch forms shall onl! be issued b! the D

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

*uantities as the /oard ma! authori$e. n emergenc! cases% however% as the /oard ma! specif! in the


16/35

public interest% a prescription need not be accomplished on such forms. The prescribing ph!sician%

dentist% veterinarian or practitioner shall% within three ,3- da!s after issuing such prescription% inform th

DB of the same in writing. ?o prescription once served b! the drugstore or pharmac! be reused nor a

prescription once issued be re8lled.

,c- All manufacturers% wholesalers% distributors% importers% dealers and retailers of dangerous drugs

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

purchases% ac*uisitions and deliveries of the same as well as the names% addresses and licenses of the

persons from whom such items were purchased or ac*uired or to whom such items were sold or

delivered% the name and *uantit! of the same and the date of the transactions. uch records ma! besub)ected an!time for review b! the /oard.

ARTICLE I,

Parti1ipation of the Fa3il8& Stu5ents& Tea1hers an5 S1hool Authorities in the Enfor1e3ent of this A

Se1tion !.%nvolve!ent of the 2a!ily. The famil! being the basic unit of the ilipino societ! shall be primar

responsible for the education and awareness of the members of the famil! on the ill e&ects of dangerous drug

and close monitoring of famil! members who ma! be susceptible to drug abuse.

Se1tion '.Student Councils and Ca!pus -rgani#ations. All elementar!% secondar! and tertiar! schools(

student councils and campus organi$ations shall include in their activities a program for the prevention of and

deterrence in the use of dangerous drugs% and referral for treatment and rehabilitation of students for drug

dependence.

Se1tion 4.School Curricula. nstruction on drug abuse prevention and control shall be integrated in the

elementar!% secondar! and tertiar! curricula of all public and private schools% whether general% technical%

vocational or agro#industrial as well as in non#formal% informal and indigenous learning s!stems. uch

instructions shall include+

,;- Adverse e&ects of the abuse and misuse of dangerous drugs on the person% the famil!% the school a

the communit!G

,2- 9reventive measures against drug abuseG

,3- Bealth% socio#cultural% ps!chological% legal and economic dimensions and implications of the drug

problemG

,4- teps to take when intervention on behalf of a drug dependent is needed% as well as the services

available for the treatment and rehabilitation of drug dependentsG and

,H- Fisconceptions about the use of dangerous drugs such as% but not limited to% the importance and

safet! of dangerous drugs for medical and therapeutic use as well as the di&erentiation between medi

patients and drug dependents in order to avoid confusion and accidental stigmati$ation in theconsciousness of the students.

Se1tion .Heads" Supervisors" and Teachers of Schools. or the purpose of enforcing the provisions of Art

of this Act% all school heads% supervisors and teachers shall be deemed persons in authorit! and% as such% are

hereb! empowered to apprehend% arrest or cause the apprehension or arrest of an! person who shall violate a

of the said provisions% pursuant to ection H% ule ;;3 of the ules of Court. The! shall be deemed persons in

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

are in attendance at an! school or class function in their o'cial capacit! as school heads% supervisors% and

teachers.


17/35

An! teacher or school emplo!ee% who discovers or 8nds that an! person in the school or within its immediate

vicinit! is liable for violating an! of said provisions% shall have the dut! to report the same to the school head

immediate superior who shall% in turn% report the matter to the proper authorities.

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

due hearing% constitute su'cient cause for disciplinar! action b! the school authorities.

Se1tion #. Publication and Distribution of *aterials on Dangerous Drugs. ith the assistance of the /oard

the ecretar! of the Department of :ducation ,Dep:d-% the Chairman of the Commission on Bigher :ducation

,CB:D- and the Director#Ieneral of the Technical :ducation and kills Development Authorit! ,T:DA- shallcause the development% publication and distribution of information and support educational materials on

dangerous drugs to the students% the facult!% the parents% and the communit!.

Se1tion ". Special Drug 'ducation Center. ith the assistance of the /oard% the Department of the nterio

and 7ocal Iovernment ,D7I-% the ?ational Louth Commission ,?LC-% and the Department of ocial elfare an

Development ,DD- shall establish in each of its provincial o'ce a special education drug center for out#of#

school !outh and street children. uch Center which shall be headed b! the 9rovincial ocial. elfare

Development 'cer shall sponsor drug prevention programs and activities and information campaigns with th

end in view of educating the out#of#school !outh and street children regarding the pernicious e&ects of drug

abuse. The programs initiated b! the Center shall likewise be adopted in all public and private orphanage and

e6isting special centers for street children.

ARTICLE ,

Pro3otion of a National -rug9Free /or:pla1e Progra3 /ith the Parti1ipation of Pri;ate an5 La


18/35

Parti1ipation of Lo1al )o;ern3ent Units

Se1tion #!.ocal overn!ent /nits< )ssistance. 7ocal government units shall appropriate a substantial

portion of their respective annual budgets to assist in or enhance the enforcement of this Act giving priorit! to

preventive or educational programs and the rehabilitation or treatment of drug dependents.

Se1tion #'.)bate!ent of Drug Related Public 5uisances. An! place or premises which have been used on

two or more occasions as the site of the unlawful sale or deliver! of dangerous drugs ma! be declared to be a

public nuisance% and such nuisance ma! be abated% pursuant to the following procedures+

,;- An! cit! or municipalit! ma!% b! ordinance% create an administrative board to hear complaints

regarding the nuisancesG

,2- an! emplo!ee% o'cer% or resident of the cit! or municipalit! ma! bring a complaint before the /oar

after giving not less than three ,3- da!s written notice of such complaint to the owner of the place or

premises at hisher last known addressG and

,3- After hearing in which the /oard ma! consider an! evidence% including evidence of the general

reputation of the place or premises% and at which the owner of the premises shall have an opportunit!

present evidence in hisher defense% the /oard ma! declare the place or premises to be a public

nuisance.

Se1tion #4.'7ect of Board Declaration. f the /oard declares a place or premises to be a public nuisance% it

ma! declare an order immediatel! prohibiting the conduct% operation% or maintenance of an! business or activ

on the premises which is conducive to such nuisance.

An order entered under this ection shall e6pire after one ,;- !ear or at such earlier time as stated in the order

The /oard ma! bring a complaint seeking a permanent in)unction against an! nuisance described under this

ection.

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

ARTICLE ,III

Progra3 for Treat3ent an5 Reha


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Se1tion ##. ':e!ption fro! the Cri!inal iability /nder the +oluntary Sub!ission Progra!.A drug dependen

under the voluntar! submission program% who is 8nall! discharged from con8nement% shall be e6empt from th

criminal liabilit! under ection ;H of this act sub)ect to the following conditions+

,;- Beshe has complied with the rules and regulations of the center% the applicable rules and regulatio

of the /oard% including the after#care and follow#up program for at least eighteen ,;=- months following

temporar! discharge from con8nement in the Center or% in the case of a dependent placed under the

care of the DB#accredited ph!sician% the after#care program and follow#up schedule formulated b! the

DD and approved b! the /oard+ Provided% That capabilit!#building of local government social worker

shall be undertaken b! the DDG

,2- Beshe has never been charged or convicted of an! o&ense punishable under this Act% the Dangero

Drugs Act of ;


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ma! submit himselfherself for recommitment within one ,;- week therefrom% or hisher parent% spouse% guard

or relative within the fourth degree of consanguinit! or a'nit! ma!% within said period% surrender him for

recommitment% in which case the corresponding order shall be issued b! the /oard.

hould the escapee fail to submit himselfherself or be surrendered after one ,;- week% the /oard shall appl! t

the court for a recommitment order upon proof of previous commitment or hisher voluntar! submission b! th

/oard% the court ma! issue an order for recommitment within one ,;- week.

f% subse*uent to a recommitment% the dependent once again escapes from con8nement% heshe shall be

charged for violation of ection ;H of this Act and he sub)ected under section @; of this Act% either upon orderthe /oard or upon order of the court% as the case ma! be.

Se1tion "(.Condentiality of Records /nder the +oluntary Sub!ission Progra!. Judicial and medical record

of drug dependents under the voluntar! submission program shall be con8dential and shall not be used again

him for an! purpose% e6cept to determine how man! times% b! himselfherself or through hisher parent% spou

guardian or relative within the fourth degree of consanguinit! or a'nit!% heshe voluntaril! submitted

himselfherself for con8nement% treatment and rehabilitation or has been committed to a Center under this

program.

Se1tion "!.Co!pulsory Conne!ent of a Drug Dependent ;ho Refuses to )pply /nder the +oluntary

Sub!ission Progra!. ?otwithstanding an! law% rule and regulation to the contrar!% an! person determined a

found to be dependent on dangerous drugs shall% upon petition b! the /oard or an! of its authori$ed

representative% be con8ned for treatment and rehabilitation in an! Center dul! designated or accredited for th

purpose.

A petition for the con8nement of a person alleged to be dependent on dangerous drugs to a Center ma! be 8l

b! an! person authori$ed b! the /oard with the egional Trial Court of the province or cit! where such person

found.

After the petition is 8led% the court% b! an order% shall immediatel! 86 a date for the hearing% and a cop! of suc

order shall be served on the person alleged to be dependent on dangerous drugs% and to the one having charg

of him.

f after such hearing and the facts so warrant% the court shall order the drug dependent to be e6amined b! two

,2- ph!sicians accredited b! the /oard. f both ph!sicians conclude that the respondent is not a drug depende

the court shall order hisher discharge. f either ph!sician 8nds him to be a dependent% the court shall conduct

hearing and consider all relevant evidence which ma! be o&ered. f the court 8nds him a drug dependent% it s

issue an order for hisher commitment to a treatment and rehabilitation center under the supervision of the

DB. n an! event% the order of discharge or order of con8nement or commitment shall be issued not later tha

8fteen ,;H- da!s from the 8ling of the appropriate petition.

Se1tion "'.Co!pulsory Sub!ission of a Drug Dependent Charged 1ith an -7ense to Treat!ent and

Rehabilitation. f a person charged with an o&ense where the imposable penalt! is imprisonment of less than

si6 ,@- !ears and one ,;- da!% and is found b! the prosecutor or b! the court% at an! stage of the proceedings%be a drug dependent% the prosecutor or the court as the case ma! be% shall suspend all further proceedings an

transmit copies of the record of the case to the /oard.

n the event he /oard determines% after medical e6amination% that public interest re*uires that such drug

dependent be committed to a center for treatment and rehabilitation% it shall 8le a petition for hisher

commitment with the regional trial court of the province or cit! where heshe is being investigated or

tried+ Provided% That where a criminal case is pending in court% such petition shall be 8led in the said court. Th

court shall take )udicial notice of the prior proceedings in the case and shall proceed to hear the petition. f the

court 8nds him to be a drug dependent% it shall order hisher commitment to a Center for treatment and

rehabilitation. The head of said Center shall submit to the court ever! four ,4- months% or as often as the cour

ma! re*uire% a written report on the progress of the treatment. f the dependent is rehabilitated% as certi8ed b!


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the center and the /oard% heshe shall be returned to the court% which committed him% for hisher discharge

therefrom.

Thereafter% hisher prosecution for an! o&ense punishable b! law shall be instituted or shall continue% as the

case ma! be. n case of conviction% the )udgment shall% if the accused is certi8ed b! the treatment and

rehabilitation center to have maintained good behavior% indicate that heshe shall be given full credit for the

period heshe was con8ned in the Center+ Provided" ho1ever% That when the o&ense is for violation of ection

of this Act and the accused is not a recidivist% the penalt! thereof shall be deemed to have been served in the

Center upon hisher release therefrom after certi8cation b! the Center and the /oard that heshe is

rehabilitated.

Se1tion "4.Prescription of the -7ense Charged )gainst a Drug Dependent /nder the Co!pulsory Sub!issio

Progra!. The period of prescription of the o&ense charged against a drug dependent under the compulsor!

submission program shall not run during the time that the drug dependent is under con8nement in a Center o

otherwise under the treatment and rehabilitation program approved b! the /oard.

>pon certi8cation of the Center that heshe ma! temporaril! be discharged from the said Center% the court sh

order hisher release on condition that heshe shall report to the /oard through the DB for after#care and

follow#up treatment for a period not e6ceeding eighteen ,;=- months under such terms and conditions as ma!

be imposed b! the /oard.

f at an!time during the after#care and follow#up period% the /oard certi8es to hisher complete rehabilitation%

court shall order hisher 8nal discharge from con8nement and order for the immediate resumption of the trial

the case for which heshe is originall! charged. hould the /oard through the DB 8nd at an!time during the

after#care and follow#up period that heshe re*uires further treatment and rehabilitation% it shall report to the

court% which shall order hisher recommitment to the Center.

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

heshe ma! resubmit himselfherself for con8nement within one ,;- week from the date of hisher escapeG or

hisher parent% spouse% guardian or relative within the fourth degree of consanguinit! or a'nit! ma!% within th

same period% surrender him for recommitment. f% however% the drug dependent does not resubmit

himselfherself for con8nement or heshe is not surrendered for recommitment% the /oard ma! appl! with the

court for the issuance of the recommitment order. >pon proof of previous commitment% the court shall issue aorder for recommitment. f% subse*uent to such recommitment% heshe should escape again% heshe shall no

longer be e6empt from criminal liabilit! for use of an! dangerous drug.

A drug dependent committed under this particular ection who is 8nall! discharged from con8nement shall be

e6empt from criminal liabilit! under ection ;H of this Act% without pre)udice to the outcome of an! pending ca

8led in court. n the other hand% a drug dependent who is not rehabilitated after a second commitment to the

Center shall% upon conviction b! the appropriate court% su&er the same penalties provided for under ection ;

of this Act again without pre)udice to the outcome of an! pending case 8led in court.

Se1tion ".Condentiality of Records /nder the Co!pulsory Sub!ission Progra!. The records of a drug

dependent who was rehabilitated and discharged from the Center under the compulsor! submission program%who was charged for violation of ection ;H of this Act% shall be covered b! ection @0 of this Act. Bowever% th

records of a drug dependent who was not rehabilitated% or who escaped but did not surrender himselfherself

within the prescribed period% shall be forwarded to the court and their use shall be determined b! the court%

taking into consideration public interest and the welfare of the drug dependent.

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

prosecutor or their assistants or state prosecutors to prepare the appropriate petition in all proceedings arisin

from this Act.

Se1tion "". Suspension of Sentence of a 2irst(Ti!e *inor -7ender. An accused who is over 8fteen ,;H- !ea

of age at the time of the commission of the o&ense mentioned in ection ;; of this Act% but not more than


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eighteen ,;=- !ears of age at the time when )udgment should have been promulgated after having been found

guilt! of said o&ense% ma! be given the bene8ts of a suspended sentence% sub)ect to the following conditions

,a- Beshe has not been previousl! convicted of violating an! provision of this Act% or of the Dangerous

Drugs Act of ;pon recommendation of the /oard% the court ma! commit the accused under suspended sentence to a Cente

or to the care of a DB#accredited ph!sician for at least si6 ,@- months% with after#care and follow#up program

not more than eighteen ,;=- months.

n the case of minors under 8fteen ,;H- !ears of age at the time of the commission of an! o&ense penali$ed

under this Act% Article ;


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

court in its discretion and upon the recommendation of the /oard and shall appl! onl! to violators of ection ;

of this Act. The completion of the communit! service shall be under the supervision and rehabilitative

surveillance of the /oard during the period re*uired b! the court. Thereafter% the /oard shall render a report o

the manner of compliance of said communit! service. The court in its discretion ma! re*uire e6tension of the

communit! service or order a 8nal discharge.

n both cases% the )udicial records shall be covered b! the provisions of ections @0 and @4 of this Act.

f the sentence promulgated b! the court re*uires imprisonment% the period spent in the Center b! the accuseduring the suspended sentence period shall be deducted from the sentence to be served.

Se1tion %!.Records to be 4ept by the Depart!ent of 9ustice. The DJ shall keep a con8dential record of the

proceedings on suspension of sentence and shall not be used for an! purpose other than to determine whethe

or not a person accused under this Act is a 8rst#time minor o&ender.

Se1tion %'.iability of a Person ;ho +iolates the Condentiality of Records. The penalt! of imprisonment

ranging from si6 ,@- months and one ,;- da! to si6 ,@- !ears and a 8ne ranging from ne thousand pesos

,9;%000.00- to i6 thousand pesos ,9@%000.00-% shall be imposed upon an! person who% having o'cial custod!

or access to the con8dential records of an! drug dependent under voluntar! submission programs% or an!one

who% having gained possession of said records% whether lawfull! or not% reveals their content to an! person ot

than those charged with the prosecution of the o&enses under this Act and its implementation. The ma6imum

penalt! shall be imposed% in addition to absolute perpetual dis*uali8cation from an! public o'ce% when the

o&ender is a government o'cial or emplo!ee. hould the records be used for unlawful purposes% such as

blackmail of the drug dependent or the members of hisher famil!% the penalt! imposed for the crime of violat

of con8dentialit! shall be in addition to whatever crime heshe ma! be convicted of.

Se1tion %4.iability of a Parent" Spouse or uardian ;ho Refuses to Cooperate 1ith the Board or any

Concerned )gency. An! parent% spouse or guardian who% without valid reason% refuses to cooperate with the

/oard or an! concerned agenc! in the treatment and rehabilitation of a drug dependent who is a minor% or in

an! manner% prevents or dela!s the after#care% follow#up or other programs for the welfare of the accused drug

dependent% whether under voluntar! submission program or compulsor! submission program% ma! be cited fo

contempt b! the court.

Se1tion %.Cost(Sharing in the Treat!ent and Rehabilitation of a Drug Dependent. The parent% spouse%

guardian or an! relative within the fourth degree of consanguinit! of an! person who is con8ned under the

voluntar! submission program or compulsor! submission program shall be charged a certain percentage of th

cost of hisher treatment and rehabilitation% the guidelines of which shall be formulated b! the DD taking in

consideration the economic status of the famil! of the person con8ned. The guidelines therein formulated sha

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

Se1tion %#. Treat!ent and Rehabilitation Centers. The e6isting treatment and rehabilitation centers for dru

dependents operated and maintained b! the ?/ and the 9?9 shall be operated% maintained and managed b!

the DB in coordination with other concerned agencies. or the purpose of enlarging the network of centers% t/oard through the DB shall encourage% promote or whenever feasible% assist or support in the establishment

operations and maintenance of private centers which shall be eligible to receive grants% donations or subsid!

from either government or private sources. t shall also support the establishment of government#operated

regional treatment and rehabilitation centers depending upon the availabilit! of funds. The national governme

through its appropriate agencies shall give priorit! funding for the increase of subsid! to e6isting government

drug rehabilitation centers% and shall establish at least one ,;- drug rehabilitation center in each province%

depending on the availabilit! of funds.

Se1tion %". The Duties and Responsibilities of the Depart!ent of health >D-H? /nder this )ct. The DB sha


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,;- versee the monitor the integration% coordination and supervision of all drug rehabilitation%

intervention% after#care and follow#up programs% pro)ects and activities as well as the establishment%

operations% maintenance and management of privatel!#owned drug treatment rehabilitation centers an

drug testing networks and laboratories throughout the countr! in coordination with the DD and othe

agenciesG

,2- 7icense% accredit% establish and maintain drug test network and laborator!% initiate% conduct and

support scienti8c research on drugs and drug controlG

,3- :ncourage% assist and accredit private centers% promulgate rules and regulations setting minimumstandards for their accreditation to assure their competence% integrit! and stabilit!G

,4- 9rescribe and promulgate rules and regulations governing the establishment of such Centers as it

ma! deem necessar! after conducting a feasibilit! stud! thereofG

,H- The DB shall% without pre)udice to the criminal prosecution of those found guilt! of violating this A

order the closure of a Center for treatment and rehabilitation of drug dependenc! when% after

investigation it is found guilt! of violating the provisions of this Act or regulations issued b! the /oardG

and

,@- Charge reasonable fees for drug dependenc! e6aminations% other medical and legal services provid

to the public% which shall accrue to the /oard. All income derived from these sources shall be part of th

funds constituted as special funds for the implementation of this Act under ection =1.

ARTICLE I=

-angerous -rugs Boar5 an5 Philippine -rug Enfor1e3ent Agen18

Se1tion %%. The Dangerous Drugs Board. The /oard shall be the polic!#making and strateg!#formulating bo

in the planning and formulation of policies and programs on drug prevention and control. t shall develop and

adopt a comprehensive% integrated% uni8ed and balanced national drug abuse prevention and control strateg!

shall be under the 'ce of the 9resident.

Se1tion %6.Co!position of the Board. The /oard shall be composed of seventeen ,;1- members wherein

three ,3- of which are permanent members% the other twelve ,;2- members shall be in an e: o3ciocapacit! a

the two ,2- shall be regular members.

The three ,3- permanent members% who shall possess at least seven#!ear training and e6perience in the 8eld

dangerous drugs and in an! of the following 8elds+ in law% medicine% criminolog!% ps!cholog! or social work% s

be appointed b! the 9resident of the 9hilippines. The 9resident shall designate a Chairman% who shall have the

rank of a secretar! from among the three ,3- permanent members who shall serve for si6 ,@- !ears. f the two

,2- other members% who shall both have the rank of undersecretar!% one ,;- shall serve for four ,4- !ears and

other for two ,2- !ears. Thereafter% the persons appointed to succeed such members shall hold o'ce for a ter

of si6 ,@- !ears and until their successors shall have been dul! appointed and *uali8ed.

The other twelve ,;2- members who shall be e: o3ciomembers of the /oard are the following+

,;- ecretar! of the Department of Justice or hisher representativeG

,2- ecretar! of the Department of Bealth or hisher representativeG

,3- ecretar! of the Department of ?ational Defense or hisher representativeG

,4- ecretar! of the Department of inance or hisher representativeG


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,H- ecretar! of the Department of 7abor and :mplo!ment or hisher representativeG

,@- ecretar! of the Department of the nterior and 7ocal Iovernment or hisher representativeG

,1- ecretar! of the Department of ocial elfare and Development or hisher representativeG

,=- ecretar! of the Department of oreign A&airs or hisher representativeG

,


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,a- ormulate% develop and establish a comprehensive% integrated% uni8ed and balanced national drug

use prevention and control strateg!G

,b- 9romulgate such rules and regulations as ma! be necessar! to carr! out the purposes of this Act%

including the manner of safekeeping% disposition% burning or condemnation of an! dangerous drug and

controlled precursor and essential chemical under its charge and custod!% and prescribe administrative

remedies or sanctions for the violations of such rules and regulationsG

,c- Conduct polic! studies% program monitoring and evaluations and other researches on drug preventi

control and enforcementG

,d- nitiate% conduct and support scienti8c% clinical% social% ps!chological% ph!sical and biological

researches on dangerous drugs and dangerous drugs prevention and control measuresG

,e- Develop an educational program and information drive on the ha$ards and prevention of illegal use

an! dangerous drug andor controlled precursor and essential chemical based on factual data% and

disseminate the same to the general public% for which purpose the /oard shall endeavor to make the

general public aware of the ha$ards of an! dangerous drugs andor controlled precursor and essential

chemical b! providing among others% literature% 8lms% displa!s or advertisements and b! coordinating

with all institutions of learning as well as with all national and local enforcement agencies in planning a

conducting its educational campaign programs to be implemented b! the appropriate government

agenciesG

,f- Conduct continuing seminars for% and consultations with% and provide information materials to )udge

and prosecutors in coordination with the 'ce of the Court Administrator% in the case of )udges% and th

DJ% in the case of prosecutors% which aim to provide them with the current developments and program

of the /oard pertinent to its campaign against dangerous drugs and its scienti8c researches on

dangerous drugs% its prevention and control measuresG

,g- Design special trainings in order to provide law enforcement o'cers% members of the )udiciar!% and

prosecutors% school authorities and personnel of centers with knowledge and know#how in dangerous

drugs andor controlled precursors and essential chemicals control in coordination with the upreme

Court to meet the ob)ectives of the national drug control programsG

,h- Design and develop% in consultation and coordination with the DB% DD and other agencies

involved in drugs control% treatment and rehabilitation% both public and private% a national treatment an

rehabilitation program for drug dependents including a standard aftercare and communit! service

program for recovering drug dependentsG

,i- Design and develop%

comprehensive dangerous drug act of 2002

Documents

Transcript of comprehensive dangerous drug act of 2002