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Section 1. Short Title. Section 2. Declaration of Policy. In view of the foregoing, the State needs to enhance further the efficacy of the law against dangerous drugs, it being one of today's more serious social ills. Toward this end, the government shall pursue an intensive and unrelenting campaign against the trafficking and use of dangerous drugs and other similar substances through an integrated system of planning, implementation and enforcement of anti-drug abuse policies, programs, and projects. 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 adequate amounts of appropriate medications, which include the use of dangerous drugs. It is further declared the policy of the State to provide effective mechanisms or measures to re-integrate into society individuals who have fallen victims to drug abuse or dangerous drug dependence through sustainable programs of treatment and rehabilitation. Definition of terms. Section 3. As used in this Act, the following terms shall mean:. Unlawful Acts and Penalties. Section 4. The penalty of life imprisonment to death and a ranging from Five hundred thousand pesos P, The penalty of imprisonment ranging from twelve 12 years and one 1 day to twenty 20 years and a fine ranging from One hundred thousand pesos P, In addition, the diplomatic passport shall be confiscated and canceled. The maximum penalty provided for under this Section shall be imposed upon any person, who organizes, manages or acts as a 'financier' of any of the illegal activities prescribed in this Section. The penalty of twelve 12 years and one 1 day to twenty 20 years of imprisonment and a fine ranging from One hundred thousand pesos P, Section 5. The maximum penalty provided for under this Section shall be imposed upon any person who organizes, manages or acts as a 'financier' of any of the illegal activities prescribed in this Section. Section 6. Maintenance of a Den, Dive or Resort. The maximum penalty provided for under this Section shall be imposed in every case where any dangerous drug is administered, delivered or sold to a minor who is allowed to use the same in such a place. Should any dangerous drug be the proximate cause of the death of a person using the same in such den, dive or resort, the penalty of death and a fine ranging from One million P1,, If such den, dive or resort is owned by a third person, the same shall be confiscated and escheated in favor of the government: Provided , That the criminal complaint shall specifically allege that such place is intentionally used in the furtherance of the crime: Provided, further , That the prosecution shall prove such intent on the part of the owner to use the property for such purpose: Provided, finally , That the owner shall be included as an accused in the criminal complaint. The penalty twelve 12 years and one 1 day to twenty 20 years of imprisonment and a fine ranging from One hundred thousand pesos P, Section 7. Employees and Visitors of a Den, Dive or Resort. Section 8. The presence of any controlled precursor and essential chemical or laboratory equipment in the clandestine laboratory is a prima facie proof of manufacture of any dangerous drug. It shall be considered an aggravating circumstance if the clandestine laboratory is undertaken or established under the following circumstances:. Section 9. Section The penalty of imprisonment ranging from six 6 months and one 1 day to four 4 years and a fine ranging from Ten thousand pesos P10, The maximum penalty provided for under this Section shall be imposed upon any person, who uses a minor or a mentally incapacitated individual to deliver such equipment, instrument, apparatus and other paraphernalia for dangerous drugs. Possession of Dangerous Drugs. Otherwise, if the quantity involved is less than the foregoing quantities, the penalties shall be graduated as follows:. Use of Dangerous Drugs. If the land involved is part of the public domain, the maximum penalty provided for under this Section shall be imposed upon the offender. Unnecessary Prescription of Dangerous Drugs. Unlawful Prescription of Dangerous Drugs. During the pendency of the case in the Regional Trial Court, no property, or income derived therefrom, which may be confiscated and forfeited, shall be disposed, alienated or transferred and the same shall be in custodia legis and no bond shall be admitted for the release of the same. The proceeds of any sale or disposition of any property confiscated or forfeited under this Section shall be used to pay all proper expenses incurred in the proceedings for the confiscation, forfeiture, custody and maintenance of the property pending disposition, as well as expenses for publication and court costs. The proceeds in excess of the above expenses shall accrue to the Board to be used in its campaign against illegal drugs. Grant of Compensation, Reward and Award. Plea-Bargaining Provision. Attempt or Conspiracy. Any elective local or national official found to have benefited from the proceeds of the trafficking of dangerous drugs as prescribed in this Act, or have received any financial or material contributions or donations from 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 government, its divisions, subdivisions, and intermediaries, including government-owned or —controlled corporations. Criminal Liability of Government Officials and Employees. Criminal Liability for Planting of Evidence. The penalty provided for the offense under this Act shall be 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 instrument in the importation, sale, trading, administration, dispensation, delivery, distribution, transportation or manufacture of dangerous drugs, or chemical diversion, if such vehicle, vessel, aircraft, equipment or other instrument is owned by or under the control or supervision of the partnership, corporation, association or juridical entity to which they are affiliated. Additional Penalty if Offender is an Alien. Immunity from Prosecution and Punishment. Termination of the Grant of Immunity. In such case, the informant or witness shall be subject to prosecution and the enjoyment of all rights and benefits previously accorded him under this Act or any other law, decree or order shall be deemed terminated. In case the informant or witness referred to under this Act falls under the applicability of this Section hereof, such individual cannot avail of the provisions under Article VIII of this Act. Accessory Penalties. Such rights shall also be suspended during the pendency of an appeal from such conviction. Dangerous Drugs Test and Record Requirements. Authorized Drug Testing. The DOH shall take steps in setting the price of the drug test with DOH accredited drug testing centers to further reduce the cost of such drug test. The drug testing shall employ, among others, two 2 testing methods, the screening test which will determine the positive result as well as the type of the drug used and the confirmatory test which will confirm a positive screening test. Drug test certificates issued by accredited drug testing centers shall be valid for a one-year period from the date of issue which may be used for other purposes. The following shall be subjected to undergo drug testing:. Any officer or employee found positive for use of dangerous drugs shall be dealt with administratively which shall be a ground for suspension or termination, subject to the provisions of Article of the Labor Code and pertinent provisions of the Civil Service Law;. In addition to the above stated penalties in this Section, those found to be positive for dangerous drugs use shall be subject to the provisions of Section 15 of this Act. Accreditation of Drug Testing Centers and Physicians. The DOH shall also accredit physicians who shall conduct the drug dependency examination of a drug dependent as well as the after-care and follow-up program for the said drug dependent. There shall be a control regulations, licensing and accreditation division under the supervision of the DOH for this purpose. For this purpose, the DOH shall establish, operate and maintain drug testing centers in government hospitals, which must be provided at least with basic technologically advanced equipment and materials, in order to conduct the laboratory examination and tests herein provided, and appoint such qualified and duly trained technical and other personnel as may be necessary for the effective implementation of this provision. A certified true copy of such record covering a period of six 6 months, duly signed by the pharmacist or the owner of the drugstore, pharmacy or chemical establishment, shall be forwarded to the Board within fifteen 15 days following the last day of June and December of each year, with a copy thereof furnished the city or municipal health officer concerned. The original, after the prescription has been filled, shall be retained by the pharmacist for a period of one 1 year from the date of sale or delivery of such drug. One 1 copy shall be retained by the buyer or by the person to whom the drug is delivered until such drug is consumed, while the second copy shall be retained by the person issuing the prescription. For purposes of this Act, all prescriptions issued by physicians, dentists, veterinarians or practitioners shall be written on forms exclusively issued by and obtainable from the DOH. Such forms shall be made of a special kind of paper and shall be distributed in such quantities and contain such information and other data as the DOH may, by rules and regulations, require. Such forms shall only be issued by the DOH through its authorized employees to licensed physicians, dentists, veterinarians and practitioners in such quantities as the Board may authorize. In emergency cases, however, as the Board may specify in the public interest, a prescription need not be accomplished on such forms. The prescribing physician, dentist, veterinarian or practitioner shall, within three 3 days after issuing such prescription, inform the DOH of the same in writing. No prescription once served by the drugstore or pharmacy be reused nor any prescription once issued be refilled. Such records may be subjected anytime for review by the Board. Involvement of the Family. Student Councils and Campus Organizations. School Curricula. Such instructions shall include:. Heads, Supervisors, and Teachers of Schools. They shall be deemed persons in authority if they are in the school or within its immediate vicinity, or even beyond such immediate vicinity if they are in attendance at any school or class function in their official capacity as school heads, supervisors, and teachers. Any teacher or school employee, who discovers or finds that any person in the school or within its immediate vicinity is liable for violating any of said provisions, shall have the duty to report the same to the school head or immediate superior who shall, in turn, report the matter to the proper authorities. Failure to do so in either case, within a reasonable period from the time of discovery of the violation shall, after due hearing, constitute sufficient cause for disciplinary action by the school authorities. Publication and Distribution of Materials on Dangerous Drugs. Special Drug Education Center. Such Center which shall be headed by the Provincial Social. Welfare Development Officer shall sponsor drug prevention programs and activities and information campaigns with the end in view of educating the out-of-school youth and street children regarding the pernicious effects of drug abuse. The programs initiated by the Center shall likewise be adopted in all public and private orphanage and existing special centers for street children. Drug-Free Workplace. With the assistance of the Board, the Department of Labor and Employment DOLE shall develop, promote and implement a national drug abuse prevention program in the workplace to be adopted by private companies with ten 10 or more employees. Such program shall include the mandatory drafting and adoption of company policies against drug use in the workplace in close consultation and coordination with the DOLE, labor and employer organizations, human resource development managers and other such private sector organizations. The amount necessary for the implementation of which shall be included in the annual General Appropriations Act. Labor Organizations and the Private Sector. Government Assistance. Participation of Local Government Units. Local Government Units' Assistance. Abatement of Drug Related Public Nuisances. Effect of Board Declaration. An order entered under this Section shall expire after one 1 year or at such earlier time as stated in the order. The Board may bring a complaint seeking a permanent injunction against any nuisance described under this Section. This Article does not restrict the right of any person to proceed under the Civil Code against any public nuisance. Program for Treatment and Rehabilitation of Drug Dependents. Upon such application, the Board shall bring forth the matter to the Court which shall order that the applicant be examined for drug dependency. A drug dependent under the voluntary submission program, who is finally discharged from confinement, shall be exempt from the criminal liability under Section 15 of this act subject to the following conditions:. A petition for the confinement of a person alleged to be dependent on dangerous drugs to a Center may be filed by any person authorized by the Board with the Regional Trial Court of the province or city where such person is found. After the petition is filed, the court, by an order, shall immediately fix a date for the hearing, and a copy of such order shall be served on the person alleged to be dependent on dangerous drugs, and to the one having charge of him. If after such hearing and the facts so warrant, the court shall order the drug dependent to be examined by two 2 physicians accredited by the Board. If either physician finds him to be a dependent, the court shall conduct a hearing and consider all relevant evidence which may be offered. In any event, the order of discharge or order of confinement or commitment shall be issued not later than fifteen 15 days from the filing of the appropriate petition. The court shall take judicial notice of the prior proceedings in the case and shall proceed to hear the petition. The head of said Center shall submit to the court every four 4 months, or as often as the court may require, a written report on the progress of the treatment. Upon proof of previous commitment, the court shall issue an order for recommitment. A drug dependent committed under this particular Section who is finally discharged from confinement shall be exempt from criminal liability under Section 15 of this Act, without prejudice to the outcome of any pending case filed in court. On the other hand, a drug dependent who is not rehabilitated after a second commitment to the Center shall, upon conviction by the appropriate court, suffer the same penalties provided for under Section 15 of this Act again without prejudice to the outcome of any pending case filed in court. Duty of the Prosecutor in the Proceedings. Upon recommendation of the Board, the court may commit the accused under suspended sentence to a Center, or to the care of a DOH-accredited physician for at least six 6 months, with after-care and follow-up program for not more than eighteen 18 months. In the case of minors under fifteen 15 years of age at the time of the commission of any offense penalized under this Act, Article of Presidential Decree No. Upon the dismissal of the proceedings against the accused, the court shall enter an order to expunge all official records, other than the confidential record to be retained by the DOJ relating to the case. In case of probation, the supervision and rehabilitative surveillance shall be undertaken by the Board through the DOH in coordination with the Board of Pardons and Parole and the Probation Administration. Upon compliance with the conditions of the probation, the Board shall submit a written report to the court recommending termination of probation and a final discharge of the probationer, whereupon the court shall issue such an order. The community service shall be complied with under conditions, time and place as may be determined by the court in its discretion and upon the recommendation of the Board and shall apply only to violators of Section 15 of this Act. The completion of the community service shall be under the supervision and rehabilitative surveillance of the Board during the period required by the court. Thereafter, the Board shall render a report on the manner of compliance of said community service. The court in its discretion may require extension of the community service or order a final discharge. In both cases, the judicial records shall be covered by the provisions of Sections 60 and 64 of this Act. If the sentence promulgated by the court requires imprisonment, the period spent in the Center by the accused during the suspended sentence period shall be deducted from the sentence to be served. Records to be kept by the Department of Justice. The maximum penalty shall be imposed, in addition to absolute perpetual disqualification from any public office, when the offender is a government official or employee. The guidelines therein formulated shall be implemented by a social worker of the local government unit. Treatment and Rehabilitation Centers. For the purpose of enlarging the network of centers, the Board through the DOH 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 subsidy from either government or private sources. It shall also support the establishment of government-operated regional treatment and rehabilitation centers depending upon the availability of funds. The national government, through its appropriate agencies shall give priority funding for the increase of subsidy to existing government drug rehabilitation centers, and shall establish at least one 1 drug rehabilitation center in each province, depending on the availability of funds. All income derived from these sources shall be part of the funds constituted as special funds for the implementation of this Act under Section The Dangerous Drugs Board. It shall develop and adopt a comprehensive, integrated, unified and balanced national drug abuse prevention and control strategy. It shall be under the Office of the President. Composition of the Board. The three 3 permanent members, who shall possess at least seven-year training and experience in the field of dangerous drugs and in any of the following fields: in law, medicine, criminology, psychology or social work, shall be appointed by the President of the Philippines. The President shall designate a Chairman, who shall have the rank of a secretary from 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 undersecretary, one 1 shall serve for four 4 years and the other for two 2 years. Thereafter, the persons appointed to succeed such members shall hold office for a term of six 6 years and until their successors shall have been duly appointed and qualified. The other twelve 12 members who shall be ex officio members of the Board are the following:. Cabinet secretaries who are members of the Board may designate their duly authorized and permanent representatives whose ranks shall in no case be lower than undersecretary. The two 2 regular members shall be as follows:. All members of the Board as well as its permanent consultants shall receive a per diem for every meeting actually attended subject to the pertinent budgetary laws, rules and regulations on compensation, honoraria and allowances: Provided, That where the representative of an ex officio member or of the permanent consultant of the Board attends a meeting in behalf of the latter, such representative shall be entitled to receive the per diem. Meetings of the Board. The presence of nine 9 members shall constitute a quorum. Secretariat of the Board. Two deputies executive director, for administration and operations, with the ranks of assistant secretary, shall be appointed by the President upon recommendation of the Board. They shall possess the same qualifications as those of the executive director. They shall receive a salary corresponding to their position as prescribed by the Salary Standardization Law as a Career Service Officer. The existing secretariat of the Board shall be under the administrative control and supervision of the Executive Director. Powers and Duties of the Board. The PDEA shall be headed by a Director General with the rank of Undersecretary, who shall be responsible for the general administration and management of the Agency. The two 2 deputies director general shall likewise be appointed by the President of the Philippines upon recommendation of the Board. The two 2 deputies director general shall possess the same qualifications as those of the Director General of the PDEA. The Director General and the two 2 deputies director general shall receive the compensation and salaries as prescribed by law. Organization of the PDEA. The Director General of the PDEA shall be responsible for the necessary changes in the organizational set-up which shall be submitted to the Board for approval. The PDEA shall establish and maintain regional offices in the different regions of the country which shall be responsible for the implementation of this Act and the policies, programs, and projects of said agency in their respective regions. The Board shall provide for the qualifications and requirements of its recruits who must be at least twenty-one 21 years old, of proven integrity and honesty and a Baccalaureate degree holder. The graduates of the Academy shall later comprise the operating units of the PDEA after the termination of the transition period of five 5 years during which all the intelligence network and standard operating procedures of the PDEA has been set up and operationalized. The Academy shall be headed by a Superintendent, with the rank of Director. Such personnel who are transferred, absorbed and integrated in the PDEA shall be extended appointments to positions similar in rank, salary, and other emoluments and privileges granted to their respective positions in their original mother agencies. The transfer, absorption and integration of the different offices and units provided for in this Section shall take effect within eighteen 18 months from the effectivity of this Act: Provided , That personnel absorbed and on detail service shall be given until five 5 years to finally decide to join the PDEA. Nothing in this Act shall mean a diminution of the investigative powers of the NBI and the PNP on all other crimes as provided for in their respective organic laws: Provided, however , That when the investigation being conducted by the NBI, PNP or any ad hoc anti-drug task force is found to be a violation of any of the provisions of this Act, the PDEA shall be the lead agency. Appropriations, Management of Funds and Annual Report. Thereafter, such sums as may be necessary for the continued implementation of this Act shall be included in the annual General Appropriations Act. The fines shall be remitted to the Board by the court imposing such fines within thirty 30 days from the finality of its decisions or orders. The unclaimed and forfeited prizes shall be turned over to the Board by the PCSO within thirty 30 days after these are collected and declared forfeited. The fund may be augmented by grants, donations, and endowment from various sources, domestic or foreign, for purposes related to their functions, subject to the existing guidelines set by the government. In addition to the periodic reports as may be required under this Act, the Chairman of the Board shall submit to the President of the Philippines and to the presiding officers of both houses of Congress, within fifteen 15 days from the opening of the regular session, an annual report on the dangerous drugs situation in the country which shall include detailed account of the programs and projects undertaken, statistics on crimes related to dangerous drugs, expenses incurred pursuant to the provisions of this Act, recommended remedial legislation, if needed, and such other relevant facts as it may deem proper to cite. Jurisdiction Over Dangerous Drugs Cases. The number of courts designated in each judicial region shall be based on the population and the number of cases pending in their respective jurisdiction. The DOJ shall designate special prosecutors to exclusively handle cases involving violations of this Act. The preliminary investigation of cases filed under this Act shall be terminated within a period of thirty 30 days from the date of their filing. When the preliminary investigation is conducted by a public prosecutor and a probable cause is established, the corresponding information shall be filed in court within twenty-four 24 hours from the termination of the investigation. If the preliminary investigation is conducted by a judge and a probable cause is found to exist, the corresponding information shall be filed by the proper prosecutor within forty-eight 48 hours from the date of receipt of the records of the case. Trial of the case under this Section shall be finished by the court not later than sixty 60 days from the date of the filing of the information. Decision on said cases shall be rendered within a period of fifteen 15 days from the date of submission of the case for resolution. The immediate superior of the member of the law enforcement agency or any other government employee mentioned in the preceding paragraph shall be penalized with imprisonment of not less than two 2 months and one 1 day but not more than six 6 years and a fine of not less than Ten thousand pesos P10, The member of the law enforcement agency or any other government employee mentioned in the preceding paragraphs shall not be transferred or re-assigned to any other government office located in another territorial jurisdiction during the pendency of the case in court. Prosecution and punishment under this Section shall be without prejudice to any liability for violation of any existing law. Delay and Bungling in the Prosecution of Drug Cases. Proceedings to reclassify, add, or remove a drug or other substance may be initiated by the PDEA, the DOH, or by petition from any interested party, including the manufacturer of a drug, a medical society or association, a pharmacy association, a public interest group concerned with drug abuse, a national or local government agency, or an individual citizen. When a petition is received by the Board, it shall 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 received from law enforcement laboratories, national and local law enforcement and regulatory agencies, or other sources of information. The Board after notice and hearing shall consider the following factors with respect to each substance proposed to be reclassified, added or removed from control:. The Board shall also take into accord the obligations and commitments to international treaties, conventions and agreements to which the Philippines is a signatory. The Dangerous Drugs Board shall give notice to the general public of the public hearing of the reclassification, addition to or removal from the list of any drug by publishing such notice in any newspaper of general circulation once a week for two 2 weeks. The effect of such reclassification, addition or removal shall be as follows:. Implementing Rules and Regulations. Final Provisions. Congressional Oversight Committee. The Members from the Senate shall be appointed by the Senate President based on the proportional representation of the parties or coalitions therein with at least two 2 Senators representing the Minority. The Members from the House of Representatives shall be appointed by the Speaker, also based on proportional representation of the parties or coalitions therein with at least two 2 Members representing the Minority. Powers and Functions of the Oversight Committee. Adoption of Committee Rules and Regulations, and Funding. The Oversight Committee on Dangerous Drugs shall be assisted by a secretariat to be composed by personnel who may be seconded from the Senate and the House of Representatives and may retain consultants. To carry out the powers and functions of the Oversight Committee on Dangerous Drugs, the initial sum of Twenty-five million pesos P25,, Thereafter, such amount necessary for its continued operations shall be included in the annual General Appropriations Act. The Oversight Committee on Dangerous Drugs shall exist for a period of ten 10 years from the effectivity of this Act and may be extended by a joint concurrent resolution. Limited Applicability of the Revised Penal Code. Where the offender is a minor, the penalty for acts punishable by life imprisonment to death provided herein shall be reclusion perpetua to death. Separability Clause. Repealing Clause. Amending Clause. Speaker of the House of Representatives. This Act which is a consolidation of Senate Bill No. Approved: January 23, As used in this Act, the following terms shall mean: a Administer. Otherwise, if the quantity involved is less than the foregoing quantities, the penalties shall be graduated as follows: 1 Life imprisonment and a fine ranging from Four hundred thousand pesos P, The following shall be subjected to undergo drug testing: a Applicants for driver's license. Any officer or employee found positive for use of dangerous drugs shall be dealt with administratively which shall be a ground for suspension or termination, subject to the provisions of Article of the Labor Code and pertinent provisions of the Civil Service Law; e Officers and members of the military, police and other law enforcement agencies. Such instructions shall include: 1 Adverse effects of the abuse and misuse of dangerous drugs on the person, the family, the school and the community; 2 Preventive measures against drug abuse; 3 Health, socio-cultural, psychological, legal and economic dimensions and implications of the drug problem; 4 Steps to take when intervention on behalf of a drug dependent is needed, as well as the services available for the treatment and rehabilitation of drug dependents; and 5 Misconceptions about the use of dangerous drugs such as, but not limited to, the importance and safety of dangerous drugs for medical and therapeutic use as well as the differentiation between medical patients and drug dependents in order to avoid confusion and accidental stigmatization in the consciousness of the students. The two 2 regular members shall be as follows: a The president of the Integrated Bar of the Philippines; and b The chairman or president of a non-government organization involved in dangerous drug campaign to be appointed by the President of the Philippines. The Board after notice and hearing shall consider the following factors with respect to each substance proposed to be reclassified, added or removed from control: a Its actual or relative potential for abuse; b Scientific evidence of its pharmacological effect if known; c The state of current scientific knowledge regarding the drug or other substance; d Its history and current pattern of abuse; e The scope, duration, and significance of abuse; f Risk to public health; and g Whether the substance is an immediate precursor of a substance already controlled under this Act.

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