AMENDING CERTAIN SECTIONS OF REPUBLIC ACT NO. 6425, OTHERWISE KNOWN AS THE DANGEROUS DRUGS ACT OF 1972

WHEREAS, drug addiction is a grave and pernicious
evil which not only complicates the peace and order problem of our
country but also erodes the physical strength as well as the moral
well-being of our people;

WHEREAS, in order to curb the incidence of drug
addiction, the Congress of the Philippines enacted Republic Act No.
6425, otherwise known as the Dangerous Drugs Act of 1972;

WHEREAS, after the approval of the Act on March 30,
1972, certain defects and deficiencies in it have been discovered which
have hampered the full and expeditious implementation of its provisions;

WHEREAS, in order that the desired aims and
objectives of the Dangerous Drugs Acts can be effectively and
satisfactorily attained, it is imperative that the said law be modified
so as to cure its defects and supply its deficiencies;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of
the Philippines, by virtue of the powers in me vested by the
Constitution as Commander-in-Chief of all the Armed Forces of the
Philippines, and pursuant to Proclamation No. 1081, dated September 21,
1972, and General Order No. 1, dated September 22, 1972, do hereby order
and decree that Republic Act No. 6425, otherwise known as the Dangerous
Drugs Act of 1972, be amended as it is hereby amended, to wit:

1. Section 30 of Republic Act No. 6425 is hereby amended to read as
   follows:

   “SEC. 30. Voluntary Submission of a Drug
   Dependent to Confinement, Treatment and Rehabilitation by the Dependent
   Himself or Through His Parent, Guardian or Relative. — If a drug
   dependent voluntarily submits himself for confinement, treatment and
   rehabilitation in a center and complies with such conditions therefor as
   the Board may, by rules and regulations prescribe, he shall not be
   criminally liable for any violation of Section 8, Article II and Section
   16, Article III of this Act.

   “The above exemption shall be extended to a minor who may be
   committed for treatment and rehabilitation in a center upon sworn
   petition of his parent, guardian or relative within the fourth civil
   degree of consanguinity or affinity, or of the Director of Health or the
   Secretary of the Department of Social Welfare, in that order. Such
   petition may be filed with the Court of First Instance, Juvenile and
   Domestic Relations Court or Circuit Criminal Court of the province or
   city where the minor resides and shall set forth therein his name and
   address and the facts relating to his dependency: Provided,
   that any of said courts shall have jurisdiction to act on the petition
   regardless of the age of the minor. The court shall set the petition for
   hearing and give the drug dependent concerned an opportunity to be
   heard. If, after such hearing, the facts so warrant in its judgment, the
   court shall order the drug dependent to be examined by two physicians
   accredited by the Board. If both physicians conclude, after examination,
   that the minor is not a drug dependent, the court shall enter an order
   discharging him. If cither physician finds him to be a dependent, the
   court shall conduct a hearing and consider all relevant evidence which
   may be offered. If the court makes a finding of drug dependency, it
   shall issue an order for his commitment to a center designated by the
   court for treatment and rehabilitation under the supervision of the
   Board.

   “When, in the opinion of the person committed or of his parent,
   guardian or relative, or of the Board, such person is rehabilitated, any
   of the above parties may file a sworn petition for his release with the
   court which ordered the commitment. If, after due hearing, the court
   finds the petition to he well-founded, it shall forthwith order the
   release of the person so committed.

   “Should the drug dependent, having voluntarily submitted himself
   to confinement, treatment and rehabilitation in, or having been
   committed to a center upon petition of the proper party, escape
   therefrom, he may resubmit himself for confinement within one week from
   the date of his escape, or his parent, guardian or relative may, within
   the same period, surrender him for recommitment. If, however, the drug
   dependent does not resubmit himself for confinement or he is not
   surrendered for recommitment, as the case may be, the Board may file a
   sworn petition for his recommitment. Upon proof of previous commitment
   or of his voluntary submission to confinement, treatment and
   rehabilitation, the court shall issue an order for recommitment, if
   subsequent to such recommitment, he should escape again, he shall no
   longer be exempt from criminal liability for use or possession of any
   dangerous drug. “The judicial and medical records pertaining to any drug
   dependent’s confinement or commitment under this Section shall be
   confidential and shall not be used against him for any purpose except to
   determine how many times he shall have voluntarily submitted himself to
   confinement, treatment and rehabilitation or been committed to a
   center.”

2. Section 31 of the same Act is hereby amended to read as
   follows:

   “SEC. 31. Compulsory Submission of a Drug
   Dependent to Treatment and Rehabilitation. — If a person charged
   with an offense is found by the fiscal or by the court, at any stage of
   the proceedings, to be a drug dependent, the fiscal or the court, as the
   case may be, shall suspend all further proceedings and transmit copies
   of the record of the case to the Board.

   “In the event the Board determines, after medical examination,
   that public interest requires that such drug dependent be committed to a
   center for treatment and rehabilitation, it shall file a petition for
   his commitment with the Court of First Instance, Juvenile and Domestic
   Relations Court, or Circuit Criminal Court of the province or city where
   he is being investigated or tried: Provided, that any of said
   courts may take cognizance of such petition regardless of the age of the
   drug dependent: Provided, further, that where a
   criminal case is pending in court such petition shall be filed in the
   said court. The court shall take judicial notice of the prior
   proceedings in the case and shall proceed to hear the petition. If the
   court finds him to be a drug dependent, it shall order his commitment to
   a center for treatment and rehabilitation. The head of said center
   shall submit to the court every four months, or as often as the court
   may require, a written report on the progress of the treatment. If the
   dependent is rehabilitated, as certified by the center and the Board, he
   shall be returned to the court which committed him, for his discharge
   therefrom.

   “Thereafter, his prosecution for any offense punishable by law
   shall be instituted or shall continue, as the case may be. In case of
   conviction, the judgment shall indicate whether the full or partial
   period of his prior detention and of his confinement for treatment and
   rehabilitation shall be deducted from the period of the penalty imposed
   on him, taking into account his good behavior or misconduct while being
   detained or confined.

   “The period of prescription of the offense charged shall not
   run during the time that the respondent or the accused is under
   detention or confinement in a center.”

3. Section 35 of the same Act is hereby amended to read as follows:

   “SEC. 35. Creation and Composition of the
   Board.—There is hereby created a Dangerous Drugs Board which shall
   be composed of six ex officio members, as follows:

(a) the Secretary of Health or his representative;
(b) the Secretary of Justice or his representative;
(c) the Secretary of National Defense or his representative;
(d) the Secretary of Education or his representative;
(e) the Secretary of Finance or his representative; and
(f) the Secretary of the Department of Social Welfare or his
representative.

“The Secretary of Health shall be the Chairman of the Board.

“The Director of the National Bureau of Investigation shall be the
permanent consultant of the Board.

“The Chairman and all members of the Board and the Director of the
National Bureau of Investigation shall each receive a per diem of
fifty-pesos for their attendance at every meeting of the Board: Provided,
that where the representative of an ex officio member attends a
meeting in behalf of the latter such representative shall be entitled
to receive the per diem.

“The Board shall meet at the call of the chairman or of any two
other members. The presence of four members shall constitute a quorum.
In the absence of the chairman, a temporary presiding officer may be
designated by the majority of the quorum.

“The Board may constitute an executive committee, to be composed of
any three members or their representatives or of any three ranking
personnel of the Board, which shall have the duty of carrying into
effect the policies and decisions of the Board and shall meet as often
as necessary, at the discretion of its chairman to be designated by the
Board.

“When public interest so requires, the executive committee may act
for and in behalf of the Board, and its decision if approved by the
Secretary of Health, shall be valid, unless revoked by the Board at its
next regular or special meeting.

“The Board shall appoint an executive director who shall be the
administrative officer of the Board and shall perform such other duties
as may be assigned to him by it. The executive director shall possess
adequate training and experience in the field of dangerous drugs, or in
law, medicine, criminology, psychology or social work. He shall receive a
compensation of twenty thousand pesos per annum.”

4. Section 39 of the same Act is hereby amended to read as follows:

“SEC. 39. Jurisdiction—The Court of
First Instance, Circuit Criminal Court, and Juvenile and Domestic
Relations Court shall have concurrent original jurisdiction over all
cases involving offenses punishable under this Act: Provided,
that in cities or provinces where there are Juvenile and Domestic
Relations Courts, the said courts shall take exclusive cognizance of
cases where the offenders are under sixteen years of age.

“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.

“Where the preliminary investigation is conducted by a prosecuting
officer and a prima facie case 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 prima facie case
is found to exist, the corresponding information shall be filed by the
proper prosecuting officer within forty eight (48) hours from the date
of receipt of the records of the case.

“Trial of the cases under this section shall be finished by the
court not later than ninety (90) days from the sate 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.”

This Decree shall take effect immediately.

Done in the City if Manila, this 9th day of November, in the year of
Our Lord, nineteen hundred and seventy-two.

			(Sgd.) FERDINAND E. MARCOS President Republic of the Philippines
	By the President:
	(Sgd.) ALEJANDRO MELCHOR
		Executive Secretary