DDB IMPLEMENTING RULES AND REGULATIONS (IRR) OF REPUBLIC ACT NO. 9165, AUGUST 30, 2002, August 30, 2002

IMPLEMENTING RULES AND REGULATIONS (IRR) OF REPUBLIC ACT NO. 9165, OTHERWISE KNOWN AS THE “COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002”

National Administrative Register August 30, 2002

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THESE RULES AND REGULATIONS
ARE HEREBY PROMULGATED TO IMPLEMENT THE PROVISIONS OF REPUBLIC ACT NO.
9165, OTHERWISE KNOWN AS THE “COMPREHENSIVE DANGEROUS DRUGS ACT OF
2002”.

SECTION 1. This
IRR, issued and promulgated pursuant to Section 94 of RA 9165, shall be
referred to as the “COMPREHENSIVE DANGEROUS DRUGS RULES OF 2002.”

SECTION 2. Declaration of Policy.
— It is the policy of the State to safeguard the integrity of its
territory; and the well-being of its citizenry particularly the youth,
from the harmful effects of dangerous drugs on their physical and mental
well-being, and to defend the same against acts or omissions
detrimental to their development and preservation. 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.

ARTICLE
Definition of Terms

SECTION 3. Definitions. — As used in this IRR, the following terms shall mean:

(a)       Accreditation
— the formal authorization issued by the Department of Health (DOH) to
an individual, partnership, corporation or association to operate a
laboratory and rehabilitation facility after compliance with the
standards set at a maximum achievable level to stimulate improvement
over time;

(b)       Act — refers to Republic Act No. 9165;

(c)        Administer
— any act of introducing any dangerous drug into the body of any
person, with or without his/her knowledge, by injection, inhalation,
ingestion or other means, or of committing any act of indispensable
assistance to person in administering a dangerous drug to
himself/herself unless administered by a duly licensed practitioner for
purposes of medication;

(d)       Board or DDB — refers to the Dangerous Drugs Board under Section 77, Article IX of the Act;

(e)       Center
— any of the treatment and rehabilitation centers which undertake the
treatment, after-care and follow-up treatment of drug dependents as
referred to in Section 75, Article VIII of the Act. It includes
institutions, agencies and the like whose purposes are: the development
of skills, arts, and technical know-how; counseling; and/or inculcating
civic, social, and moral values to drug patients, with the aim of
weaning them away from dangerous drugs and keeping them drug-free,
adapted to their families and peers, and readjusted into the community
as law abiding, useful and productive citizens;

(f)         Chemical
Diversion — the sale, distribution, supply or transport of legitimately
imported, in-transit; manufactured or procured controlled precursors
and essential chemicals, in diluted, mixtures or in concentrated form,
to any person or entity engaged in the manufacture of any dangerous
drug, and shall include packaging, repackaging, labeling or concealment
of such transaction through fraud, destruction of documents, fraudulent
use of permits, misdeclaration; use of front companies or mail fraud;

(g)       Clandestine
Laboratory — any facility used for the illegal manufacture of any
dangerous drug and/or controlled precursor and essential chemical;

(h) Confinement — refers to the residential treatment and rehabilitation of trainees, clients and patients in a center;

(i) Confirmatory Test — an analytical test
using a device, tool or equipment with a different chemical or physical
principle that is more specific which will validate and confirm the
result of the screening test. It refers to the second or further
analytical procedure to more accurately determine the presence of
dangerous drugs in a specimen;

(j) Controlled
Delivery — the investigative technique of allowing an unlawful or
suspect consignment of any dangerous drug and/or controlled precursor
and essential chemical, equipment or paraphernalia or property believed
to be derived directly or indirectly from any offense, to pass into,
through or out of the country under the supervision of an authorized
officer, with a view to gathering evidence to identify any person
involved in any dangerous drug related offense, or to facilitate
prosecution of that offense;

(k) Controlled
Precursors and Essential Chemicals — include those listed in Tables I
and II of the 1988 UN Convention Against Illicit Traffic in Narcotic
Drugs and Psychotropic Substances as enumerated in the attached annex,
which is an integral part of the Act;

(l) Cultivate
or Culture — any act of knowingly planting, growing, raising, or
permitting the planting, growing or raising of any plant which is the
source of a dangerous drug;

(m) DOH-Accredited
Physician — refers to a physician with background experience on
psychological/behavioral medicine whose application has been approved
and duly authorized by the DOH to conduct dependency examination on
persons believed to be using dangerous drugs;

(n) Dangerous
Drugs — include those listed in the Schedules annexed to the 1961
Single Convention on Narcotic Drugs, as amended by the 1972 Protocol,
and in the Schedules annexed to the 1971 Single Convention on
Psychotropic Substances as enumerated in the attached annex which is an
integral part of the Act;

(o) Deliver
— any act of knowingly passing a dangerous drug to another, personally
or otherwise, and by any means, with or without consideration;

(p) Den,
Dive or Resort — a place where any dangerous drug and/or controlled
precursor and essential chemical is administered, delivered, stored for
illegal purposes, distributed, sold or used in any form;

(q) Dispense
— any act of giving away, selling or distributing medicine or any
dangerous drug with or without the use of prescription;

(r) Drug
Dependence — as based on the World Health Organization definition, it
is a cluster of physiological, behavioral and cognitive phenomena of
variable intensity, in which the use of psychoactive drug takes on a
high priority thereby involving, among others, a strong desire or a
sense of compulsion to take the substance and the difficulties in
controlling substance-taking behavior in terms of its onset,
termination, or levels of use;

(s) Drug Dependent — refers to a person suffering from drug dependence;

(t) Drug
Syndicate — any organized group of two (2) or more persons forming or
joining together with the intention of committing any offense prescribed
under the Act;

(u) Employee
of Den, Dive or Resort — the caretaker, helper, watchman, lookout, and
other persons working in the den, dive or resort, employed by the
maintainer, owner and/or operator where any dangerous drug and/or
controlled precursor and essential chemical is administered, delivered,
distributed, sold or used, with or without compensation, in connection
with the operation thereof;

(v) Financier
— any person who pays for, raises or supplies money for, or underwrites
any of the illegal activities prescribed under the Act;

(w) Illegal
Trafficking — the illegal cultivation, culture, delivery,
administration, dispensation, manufacture, sale, trading,
transportation, distribution, importation, exportation and possession of
any dangerous drug and/or controlled precursor and essential chemical;

(x) Income
— revenues generated minus the expenses incurred by health facilities
in providing health services for the drug dependents;

(y) Instrument
— any thing that is used or intended to be used, in any manner, in the
commission of illegal drug trafficking or related offenses;

(z) Laboratory
— refers to the facility of a private or government agency that is
capable of testing a specimen to determine the presence of dangerous
drugs therein;

(aa) Laboratory
Equipment — the paraphernalia, apparatuses, materials or appliances
when used, intended for use or designed for use in the manufacture of
any dangerous drug and/or controlled precursor and essential chemical,
such as reaction vessel, preparative/purifying equipment, fermentors, separatory funnel, flask, heating mantle, gas generator, or their substitute;

(bb) Manufacture
— the production, preparation, compounding or processing of any
dangerous drug and/or controlled precursor and essential chemical,
either directly or indirectly or by extraction from substances of
natural origin, or independently by means of chemical synthesis or by a
combination of extraction and chemical synthesis, and shall include any
packaging or repackaging of such substances, design or configuration of
its form, or labeling or relabeling of its
container; except that such terms do not include the preparation,
compounding, packaging or labeling of a drug or other substances by a
duly authorized practitioner as an incident to his/her administration or
dispensation of such drug or substance in the course of his/her
professional practice including research, teaching and chemical analysis
of dangerous drug or such substances that are not intended for sale or
for any other purpose;

(cc) Cannabis
or commonly known as “Marijuana” or “Indian Hemp’ or by its any other
name — embraces every kind, class, genus, or specie of the plant
Cannabis sativa L, including, but not limited to, Cannabis americana, hashish, bhang, guaza, churrus and ganjab,
and embraces every kind, class and character of marijuana, whether
dried or fresh and flowering, flowering or fruiting tops; or any part or
portion of the plant and seeds thereof, and all its geographic
varieties, whether as a reefer, resin, extract, tincture or in any form
whatsoever;

(dd) Methylenedioxymethamphetamine
(MDMA) or commonly known as “Ecstasy,” or by its any other name —
refers to the drug having such chemical composition, including any of
its isomers or derivatives in any form;

(ee) Methamphetamine Hydrochloride or commonly known as “Shabu“, “Ice”, “Meth“,
or by its any other name — refers to the drug having such chemical
composition, including any of its isomers or derivatives in any form;

(ff) Opium — refers to the coagulated juice of the opium poppy (Papaver somniferum
L.) and embraces every kind, class and character of opium, whether
crude or prepared; the ashes or refuse of the same, narcotic
preparations thereof or therefrom; morphine
or any alkaloid of opium; preparations in which opium, morphine or any
alkaloid of opium enters as an ingredient; opium poppy; opium poppy
straw; and leaves or wrappings of opium leaves, whether prepared for use
or not;

(gg) Opium Poppy — refers to any part of the plant of the species Papaver somniferum L., Papaver setigerum DC, Papaver orientale, Papaver bracteatum and Papaver rhoeas, which includes the seeds, straws, branches, leaves or any part thereof, or substances derived therefrom, even for floral, decorative and culinary purposes;

(hh) PDEA — refers to the Philippine Drug Enforcement Agency under Section 82 Article IX of the Act;

(ii) Person
— any entity, natural or juridical, including among others, a
corporation, partnership, trust or estate, joint stock company,
association, syndicate; joint venture or other unincorporated
organization or group capable of acquiring rights or entering into
obligations;

(jj) Planting
of Evidence — the willful act of any person of maliciously and
surreptitiously inserting, placing, adding or attaching directly or
indirectly, through any overt or covert act, whatever quantity of any
dangerous drug and/or controlled precursor and essential chemical in the
person, house, effects or in the immediate vicinity of an innocent
individual for the purpose of implicating, incriminating or imputing the
commission of any violation of the Act;

(kk) Practitioner
— any person who is a licensed physician, dentist, chemist, medical
technologist, nurse, midwife, veterinarian or pharmacist in the Philippines;

(ll) Protector/Coddler
— any person who knowingly and willfully consents to the unlawful acts
provided for in the Act and uses his/her influence, power or position in
shielding, harboring, screening or facilitating the escape of any
person he/she knows, or has reasonable grounds to believe on or
suspects, has violated the provisions of the Act in order to prevent the
arrest, prosecution and conviction of the violator;

(mm) Pusher
— any person who sells, trades, administers, dispenses, delivers or
gives away to another, on any term whatsoever, or distributes,
dispatches in transit or transports dangerous drugs or who acts as a
broker in any of such transactions, in violation a the Act;

(nn) Rehabilitation
— the dynamic process, including after-care and follow-up treatment,
directed towards the physical, emotional/psychological, vocational,
social and spiritual change/enhancement of a drug dependent to enable
him/her to live without dangerous drugs, enjoy the fullest life
compatible with his/her capabilities and potentials and render him/her
able to become a law-abiding and productive member of the community;

(oo) School
— any educational institution, private or public, undertaking
educational operation for pupils/students pursuing certain studies at
defined levels, receiving instructions from teachers, usually located in
a building or a group of buildings in a particular physical or cyber
site;

(pp) Screening
Test — a rapid test performed to establish potential/presumptive
positive result. It refers to the immunoassay test to eliminate a
“negative” specimen, i.e. one without the presence of dangerous drugs,
from further consideration and to identify the presumptively positive
specimen that requires confirmatory test;

(qq) Trading
— transactions involving the illegal trafficking of dangerous drugs
and/or controlled precursors and essential chemicals using electronic
devices such as, but not limited to, text messages, e-mail, mobile or
landlines, two-way radios, internet, instant messengers and chat rooms
or acting as a broker in any of such transactions whether for money or
any other consideration in violation of the Act;

(rr) Use
— any act of injecting, intravenously or intramuscularly, of consuming,
either by chewing, smoking, sniffing, eating, swallowing, drinking or
otherwise introducing into the physiological system of the body, any of
the dangerous drugs.

ARTICLE II
Unlawful Acts and Penalties

SECTION 4. Importation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals. — The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500,000.00)
to Ten million pesos (P10,000,000.00) shall be imposed upon any person,
who, unless authorized by law, shall import or bring into the
Philippines any dangerous drug, regardless of the quantity and purity
involved, including any and all species of opium poppy or any part
thereof or substances derived therefrom even for floral, decorative and culinary purposes.

The maximum penalty provided
for under this Section shall be imposed upon any person, who, unless
authorized under the Act, shall import or bring into the Philippines any
dangerous drug and/or controlled precursor and essential chemical
through the use of a diplomatic passport, diplomatic facilities or any
other means involving his/her official status intended to facilitate the
unlawful entry of the same. 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 (P100,000.00) to Five hundred
thousand pesos (P500,000.00) shall be imposed upon any person, who acts
as a “protector/coddler” of any violator of the provisions under this
Section.

SECTION 5. Sale,
Trading, Administration, Dispensation, Delivery, Distribution and
Transportation of Dangerous Drugs and/or Controlled Precursors and
Essential Chemicals.
— The penalty of life imprisonment to death and a fine ranging from
Five hundred thousand pesos (P500,000.00) to Ten million pesos
(P10,000,000.00) shall be imposed upon any person, who, unless
authorized by law, shall sell, trade, administer, dispense, deliver,
give away to another, distribute, dispatch in transit or transport any
dangerous drug, including any and all species of opium poppy regardless
of the quantity and purity involved, or shall act as a broker in any of
such transactions.

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 (P100,000.00) to Five
hundred thousand pesos (P500,000.00) shall be imposed upon any person,
who, unless authorized by law, shall sell, trade, administer, dispense,
deliver, give away to another, distribute, dispatch in transit or
transport any controlled precursor and essential chemical, or shall act
as a broker in such transactions.

If the sale, trading,
administration, dispensation, delivery, distribution or transportation
of any dangerous drug and/or controlled precursor and essential chemical
transpires within one hundred (100) meters from the school, the maximum
penalty shall be imposed in every case.

For drug pushers who use
minors or mentally incapacitated individuals as runners, couriers and
messengers, or in any other capacity directly connected to the dangerous
drugs and/or controlled precursors and essential chemicals trade, the
maximum penalty shall be imposed in every case.

If the victim of the offense
is a minor or a mentally incapacitated individual, or should a dangerous
drug and/or a controlled precursor and essential chemical involved in
any offense herein provided be the proximate cause of death of a victim
thereof, the maximum penalty provided for under this Section shall be
imposed.

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 penalty of life imprisonment to death and a fine ranging from
Five hundred thousand pesos (P500,000.00) to Ten million pesos
(P10,000,000.00) shall be imposed upon any person or group of persons
who shall maintain a den, dive or resort where any dangerous drug is
used or sold in any form.

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 (P100,000.00)
to Five hundred thousand pesos (P500,000.00) shall be imposed upon any
person or group of persons who shall maintain a den, dive, or resort
where any controlled precursor and essential chemical is used or sold in
any form.

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 (P1,000,000.00) to Fifteen million pesos (P15,000,000.00) shall
be imposed on the maintainer, owner and/or operator.

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 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 7. Employees and Visitors of a Den, Dive or Resort.
— 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 (P100,000.00) to Five hundred thousand pesos
(P500,000.00) shall be imposed upon:

(a) Any employee of den, dive or resort, who is aware of the nature of the place as such; And

(b) Any person who, not being included in the provisions of the next preceding paragraph, is aware of the nature of the place as such and shall knowingly visit the same.

SECTION 8. Manufacture of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals. — The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500,000.00)
to Ten million pesos (P10,000,000.00) shall be imposed upon any person,
who unless authorized by law, shall engage in the manufacture of any
dangerous drug.

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:

a)      Any phase of the manufacturing process was conducted in the presence or with the help of minor/s;

b)      Any
phase or manufacturing process was established or undertaken within one
hundred (100) meters of a residential, business, church or school
premises;

c)      Any clandestine laboratory was secured or protected with booby traps;

d)      Any clandestine laboratory was concealed with legitimate business operations; or

e)      Any employment of a practitioner, chemical engineer, public official or foreigner.

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 9. Illegal Chemical Diversion of Controlled Precursors and Essential Chemicals.
— 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 (P100,000.00) to Five hundred thousand pesos
(P500,000.00) shall be imposed upon any person, who unless authorized by
law, shall illegally divert any controlled precursor and essential
chemical.

SECTION 10. Manufacture
or Delivery of Equipment, Instrument, Apparatus and Other Paraphernalia
for Dangerous Drugs and/or Controlled Precursors and Essential
Chemicals. — 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 (P100,000.00) to Five hundred thousand pesos
(P500,000.00) shall be imposed upon any person who shall deliver,
possess with intent to deliver, or manufacture with intent to deliver
equipment, instrument, apparatus and other paraphernalia for dangerous
drugs, knowing, or under circumstances where one reasonably should know,
that it will be used to plant, propagate, cultivate, grow, harvest
manufacture, compound, convert, produce, process, prepare, test,
analyze, pack, repack, store, contain or conceal any dangerous drug
and/or controlled precursor and essential chemical in violation of the
Act.

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 (P10,000.00) to Fifty thousand pesos
(P50,000.00) shall be imposed if it will be used to inject, ingest,
inhale or otherwise introduce into the human body a dangerous drug in
violation of the Act.

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.

SECTION 11. Possession of Dangerous Drugs.
— The penalty of life imprisonment to death and a fine ranging from
Five hundred thousand pesos (P500,000.00) to Ten million pesos
(P10,000,000.00) shall be imposed upon any person, who, unless
authorized by law, shall possess any dangerous drug in the following
quantities, regardless of the degree of purity thereof:

a)      10 grams or more of opium;

b)      10 grams or more of morphine;

c)      10 grams or more of heroin;

d)      10 grams or more of cocaine or cocaine hydrochloride;

e)      50 grams or more of methamphetamine hydrochloride or “shabu“;

f)       10 grams or more of marijuana resin or marijuana resin oil;

g)      500 grams or more of marijuana; and

h)      10 grams or more of other dangerous drugs such as, but not limited to, methylenedioxymethamphetamine (MDMA) or “ecstasy”, paramethoxyamphetamine (PMA), trimethoxyamphetamine (TMA), lysergic acid diethylamine (LSD), gamma hydroxybutyrate
(GHB), and those similarly designed or newly introduced drugs and their
derivatives without having any therapeutic value or if the quantity
possessed is far beyond therapeutic requirements, as determined and
promulgated by the Board in accordance with Section 93, Article XI of
the Act.

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 (P400,000.00) to Five hundred thousand pesos (P500,000.00), if the quantity of methamphetamine hydrochloride or “shabu” is ten (10) grams or more but less than fifty (50) grams;

2.      Imprisonment
of twenty (20) years and one (1) day to life imprisonment and a fine
ranging from Four hundred thousand pesos (P400,000.00) to Five hundred
thousand pesos (P500,000.00), if the quantities of dangerous drugs are
five (5) grams or more but less than ten (10) grams of opium, morphine,
heroin, cocaine or cocaine hydrochloride, marijuana resin or marijuana
resin oil, methamphetamine hydrochloride or “shabu“, or other dangerous drugs such as, but not limited to, MDMA or “ecstasy”, PMA, TMA, LSD, GHBs
and those similarly designed or newly introduced drugs and their
derivatives, without having any therapeutic value or if the quantity
possessed is far beyond therapeutic requirements; or three hundred (300)
grams or more but less than five hundred (500) grams of marijuana; and

3.      Imprisonment
of twelve (12) years and one (1) day to twenty (20) years and a fine
ranging from Three hundred thousand pesos (P300,000.00) to Four hundred
thousand pesos (P400,000.00), if the quantities of dangerous drugs are
less than five (5) grams of opium, morphine, heroin, cocaine or cocaine
hydrochloride, marijuana resin or marijuana resin oil, methamphetamine
hydrochloride or “shabu“, or other dangerous
drugs such as, but not limited to, MDMA or “ecstasy”, PMA, TMA, LSD,
GHB, and those similarly designed or newly introduced drugs and their
derivatives, without having any therapeutic value or if the quantity
possessed is far beyond therapeutic requirements; or less than three
hundred (300) grams of marijuana.

SECTION 12. Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for Dangerous Drugs.
— 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
(P10,000.00) to Fifty thousand pesos (P50,000.00) shall be imposed upon
any person, who, unless authorized by law, shall possess or have under
his/her control any equipment, instrument, apparatus and other
paraphernalia fit or intended for smoking, consuming, administering,
injecting, ingesting, or introducing any dangerous drug into the body: Provided,
that in the case of medical practitioners and various professionals who
are required to carry such equipment, instrument, apparatus and other
paraphernalia in the practice of their profession, the Board shall
prescribe the necessary implementing guidelines thereof.

The possession of such
equipment, instrument, apparatus and other paraphernalia fit or intended
for any of the purposes enumerated in the preceding paragraph shall be
prima facie evidence that the possessor has smoked, consumed,
administered to himself/herself, injected, ingested or used a dangerous
drug and shall be presumed to have violated Section 15 of the Act.

SECTION 13. Possession of Dangerous Drugs During Parties, Social Gatherings or Meetings. —
Any person found possessing any dangerous drug during a party, or at a
social gathering or meeting, or in the proximate company of at least two
(2) persons, shall suffer the maximum penalties provided for in Section
11 of the Act, regardless of the quantity and purity of such dangerous
drugs.

The phrase “company of at
least two (2) persons” shall mean the accused or suspect plus at least
two (2) others, who may or may not be in possession of any dangerous
drug.

SECTION 14. Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for Dangerous Drugs During Parties, Social Gatherings or Meetings. —
The maximum penalty provided for in Section 12 of the Act shall be
imposed upon any person, who shall possess or have under his/her control
any equipment, instrument, apparatus and other paraphernalia fit or
intended for smoking, consuming, administering, injecting, ingesting, or
introducing any dangerous drug into the body, during parties, social
gatherings or meetings, or in the proximate company of at least two (2)
persons.

The phrase “company of at
least two (2) persons” shall mean the accused or suspect plus at least
two (2) others, who may or may not be in possession of any equipment,
instrument, apparatus and other paraphernalia for dangerous drugs.

SECTION 15. Use of Dangerous Drugs.
— A person apprehended or arrested, who is found to be positive for use
of any dangerous drug, after a confirmatory test, shall be imposed a
penalty of a minimum of six (6) months rehabilitation in a government
center for the first offense, subject to the provision of Article VIII
of the Act. If apprehended using any dangerous
drug for the second time, he/she shall suffer the penalty of
imprisonment ranging from six (6) years and one (1) day to twelve (12)
years and a fine ranging from Fifty thousand pesos (P50,000.00) to Two
hundred thousand pesos (P200,000.00): Provided, that this Section shall
not be applicable where the person tested is also found to have in
his/her possession such quantity of any dangerous drug provided for
under Section 11 of the Act, in which case the provisions stated therein
shall apply.

SECTION 16. Cultivation or Culture of Plants Classified as Dangerous Drugs or are Sources Thereof.
— The penalty of life imprisonment to death and a fine ranging from
Five hundred thousand pesos (P500,000.00) to Ten million peso
(P10,000,000.00) shall be imposed upon any person, who shall plant,
cultivate or culture marijuana, opium poppy or any other plant
regardless of quantity, which is or may hereafter be classified as a
dangerous drug or as a source from which any dangerous drug may be
manufactured or derived: Provided, that in the case of medical
laboratories and medical research centers which cultivate or culture
marijuana, opium poppy and other plants, or materials of such dangerous
drugs for medical experiments and research purposes, or for the creation
of new types of medicine, the Board shall prescribe the necessary
implementing guidelines for the proper cultivation, culture, handling,
experimentation and disposal of such plants and materials.

The land or portions thereof
and/or greenhouses on which any of said plant is cultivated or cultured
shall be confiscated and escheated in favor of the State, unless the
owner thereof can prove lack of knowledge of such cultivation or culture
despite the exercise of due diligence on his/her part. If
the land involved is part of the public domain, the maximum penalty
provided for under this Section shall be imposed upon, the offender.

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 17. Maintenance
and Keeping of Original Records of Transactions on Dangerous Drugs
and/or Controlled Precursors and Essential Chemicals. — The
penalty of imprisonment ranging from one (1) year and one (1) day to six
(6) years and a fine ranging from Ten thousand pesos (P10,000.00) to
Fifty thousand pesos (P50,000.00) shall be imposed upon any
practitioner, manufacturer, wholesaler, importer, distributor, dealer or
retailer who violates or fails to comply with the maintenance and
keeping of the original records of transactions on any dangerous drug
and/or controlled precursor and essential chemical in accordance with
Section 40 of the Act.

An additional penalty shall be
imposed through the revocation of the license to practice his/her
profession, in case of a practitioner, or of the business, in case of a
manufacturer, seller, importer, distributor, dealer or retailer.

SECTION 18. Unnecessary Prescription of Dangerous Drugs.
— 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 (P100,000.00) to Five hundred thousand pesos
(P500,000.00) and the additional penalty of the revocation of his/her
license to practice shall be imposed upon the practitioner, who shall
prescribe any dangerous drug to any person whose physical or
physiological condition does not require its use or in the dosage
prescribed therein, as determined by the Board in consultation with
recognized competent experts who are authorized representatives of
professional organizations of practitioners, particularly those who are
involved in the care of persons with severe pain.

SECTION 19. Unlawful Prescription of Dangerous Drugs.
— The penalty of life imprisonment to death and a fine ranging from
Five hundred thousand pesos (P500,000.00) to Ten million pesos
(P10,000,000.00) shall be imposed upon any person, who, unless
authorized by law, shall make or issue a prescription or any other
writing purporting to be a prescription for any dangerous drug.

SECTION 20. Confiscation
and Forfeiture of the Proceeds or Instruments of the Unlawful Act,
Including the Properties or Proceeds Derived from the Illegal
Trafficking of Dangerous Drugs and/or Precursors and Essential
Chemicals. — Every penalty imposed for the unlawful importation,
sale, trading, administration, dispensation, delivery, distribution,
transportation or manufacture of any dangerous drug and/or controlled
precursor and essential chemical, the cultivation or culture of plants
which are sources of dangerous drugs, and the possession of any
equipment, instrument, apparatus and other paraphernalia for dangerous
drugs including other laboratory equipment, shall carry with it the
confiscation and forfeiture, in favor of the government, of all the
proceeds and properties derived from the unlawful act, including, but
not limited to, money and other assets obtained thereby, and the
instruments or tools with which the particular unlawful act was
committed, unless they are the property of a third person not liable for
the unlawful act, but those which are not of lawful commerce shall be
ordered destroyed without delay pursuant to the provisions of Section 21
of the Act.

After conviction in the
Regional Trial Court in the appropriate criminal case filed, the court
shall immediately schedule a hearing for the confiscation and forfeiture
of all the proceeds of the offense and all the assets and properties of
the accused either owned or held by him or in the name of some other
persons if the same shall be found to be manifestly out of proportion to
his/her lawful income: Provided, however, that if the forfeited
property is a vehicle, the same shall be auctioned off not later than
five (5) days upon order of confiscation or forfeiting.

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.

SECTION 21. Custody
and Disposition of Confiscated, Seized and/or Surrendered Dangerous
Drugs, Plant Sources of Dangerous Drugs, Controlled Precursors and
Essential Chemicals, Instruments/Paraphernalia and/or Laboratory
Equipment. — The PDEA shall take charge and have custody of all dangerous drugs, controlled precusors
and essential chemicals, as well as instruments/paraphernalia and/or
laboratory equipment so confiscated, seized and/or surrendered, for
proper disposition in the following manner:

a.         The
apprehending officer/team having initial custody and control of the
drugs shall, immediately after seizure and confiscation, physically
inventory and photograph the same in the presence of the accused or the
person/s from whom such items were confiscated and/or seized, or his/her
representative or counsel, a representative from the media and the
Department of Justice (DOJ), and any elected public official who shall
be required to sign the copies of the inventory and be given a copy
thereof: Provided, that the physical inventory and photograph shall be
conducted at the place where the search warrant is served; or at the
nearest police station or at the nearest office of the apprehending
officer/team, whichever is practicable, in case of warrantless
seizures; Provided, further, that non-compliance with these
requirements under justifiable grounds, as long as the integrity and the
evidentiary value of the seized items are properly preserved by the
apprehending officer/team, shall not render void and invalid such
seizures of and custody over said items;

b.         Within
twenty-four (24) hours upon confiscation/seizure of dangerous drugs,
plant sources of dangerous drugs, controlled precursors and essential
chemicals, as well as instruments/paraphernalia and/or laboratory
equipment, the same shall be submitted to the PDEA Forensic Laboratory
for a qualitative and quantitative examination;

c)         A
certification of the forensic laboratory examination results, which
shall be done under oath by the forensic laboratory examiner, shall be
issued within twenty-four (24) hours after the receipt of the subject
item/s: 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 laboratory examination report shall be
provisionally issued stating therein the quantities of dangerous drugs
still to be examined by the forensic laboratory: Provided, however,
that a final certification shall be issued on the completed forensic
laboratory examination on the same within the next twenty-four (24)
hours;

d)         After
the filing of the criminal case, the court shall, within seventy-two
(72) hours, conduct an ocular inspection of the confiscated, seized
and/or surrendered dangerous drugs, plant sources of dangerous drugs,
and controlled precursors and essential chemicals, including the
instruments/paraphernalia and/or laboratory equipment, and through the
PDEA shall, within twenty-four (24) hours thereafter, proceed with the
destruction or burning of the same, in the presence of the accused or
the person/s from whom such items were confiscated and/or seized, or
his/her representative or counsel, a representative from the media and
the DOJ, civil society groups and any elected public official. The
Board shall draw up the guidelines on the manner of proper disposition
and destruction of such item/s which shall be borne by the offender: Provided, that those item/s of lawful commerce, as determined by the Board, shall be donated, used or recycled for legitimate purposes; Provided, further, that a representative sample, duly weighed and recorded is retained;

e.         The
Board shall then issue a sworn certification as to the fact of
destruction or burning of the subject item/s which, together with the
representative sample/s in the custody of the PDEA, shall be submitted
to the court having jurisdiction over the case. In
cases of seizures where no person is apprehended and no criminal case
is filed, the PDEA may order the immediate destruction or burning of
seized dangerous drugs and controlled precursors and essential chemicals
under guidelines set by the Board. In all instances, the representative
sample/s shall be kept to a minimum quantity as determined by the
Board;

f.          The
alleged offender or his/her representative or counsel shall be allowed
to personally observe all of the above proceedings and his/her presence
shall not constitute an admission of guilt. In case the said offender or
accused refuses or fails to appoint a representative after due notice
in writing to the accused or his/her counsel within seventy-two (72)
hours before the actual burning or destruction of the evidence in
question, the Secretary of Justice shall appoint a member of the public
attorney’s office to represent the former;

(g)       After
the promulgation and judgment in the criminal case wherein the
representative sample/s was presented as evidence in court, the trial
prosecutor shall inform the Board of the final termination of the case
and, in turn, shall request the court for leave to turn over the said
representative sample/s to the PDEA for proper disposition and
destruction within twenty-four (24) hours from receipt of the same; and

(h)        Transitory Provision:

h.1)   Within twenty-four (24) hours from the effectivity
of the Act, dangerous drugs defined herein which are presently in
possession of law enforcement agencies shall, with leave of court, be
burned or destroyed, in the presence of representatives of the court,
DOJ, Department of Health (DOH) and the accused and/or his/her counsel;
and

h.2)   Pending
the organization of the PDEA, the custody, disposition, and burning or
destruction of seized/surrendered dangerous drugs provided under this
Section shall be implemented by the DOH.

In the meantime that the PDEA
has no forensic laboratories and/or evidence rooms, as well as the
necessary personnel of its own in any area of its jurisdiction, the
existing National Bureau of Investigation (NBI) and Philippine National
Police (PNP) forensic laboratories shall continue to examine or conduct
screening and confirmatory test on the seized/surrendered evidence
whether these be dangerous drugs, plant sources of dangerous drugs,
controlled precursors and essential chemicals, instruments paraphernalia
and/or laboratory equipment; and the NBI and the PNP shall continue to
have custody of such evidence for use in court and until disposed of,
burned or destroyed in accordance with the foregoing rules: Provided,
that pending appointment/designation of the full complement of the
representatives from the media, DOJ, or elected public official, the
inventory of the said evidence shall continue to be conducted by the
arresting NBI and PNP operatives under their existing procedures unless
otherwise directed in writing by the DOH or PDEA, as the case may be.

SECTION 22. Grant of Compensation, Reward and Award. —
Compensation, reward and award shall, upon the recommendation of the
Board, be granted to any person providing information and to law
enforcers participating in the operation, which results in the
successful confiscation, seizure or surrender of dangerous drugs, plant
sources of dangerous drugs, and controlled precursors and essential
chemicals, subject to the compensation, reward and award system
promulgated by the Board.

SECTION 23. Plea-Bargaining Provision. —
Any person charged under any provision of the Act regardless of the
imposable penalty shall not be allowed to avail of the provision on
plea-bargaining.

SECTION 24. Non-Applicability of the Probation Law for Drug Traffickers and Pushers. —
Any person convicted of drug trafficking or pushing under the Act,
regardless of the penalty imposed by the court, cannot avail of the
privilege granted by the Probation Law or Presidential Decree No. 968,
as amended.

SECTION 25. Qualifying Aggravating Circumstances In the Commission of a Crime by an Offender Under the Influence of Dangerous Drugs.
— Notwithstanding the provisions of any law to the contrary, a positive
finding for the use of dangerous drugs shall be a qualifying
aggravating circumstance in the commission of a crime by an offender,
and the application of the penalty provided for in the Revised Penal
Code shall be applicable.

Positive finding refers to the result of confirmatory test.

SECTION 26. Attempt or Conspiracy.
— Any attempt or conspiracy to commit the following unlawful acts shall
be penalized by the same penalty prescribed for the commission of the
same provided under the Act:

a.         Importation of any dangerous drug and/or controlled precursor and essential chemical;

b.         Sale,
trading, administration, dispensation, delivery, distribution and
transportation of any dangerous drug and/or controlled precursor and
essential chemical;

c.         Maintenance of a den, dive or resort where any dangerous drug is used in any form;

d.         Manufacture of any dangerous drug and/or controlled precursor and essential chemical; and

e.         Cultivation or culture of plants which are sources of dangerous drugs.

SECTION 27. Criminal
Liability of a Public Officer or Employee for Misappropriation;
Misapplication or Failure to Account for the Confiscated, Seized and/or
Surrendered Dangerous Drugs, Plant Sources of Dangerous Drugs,
Controlled Precursors and Essential Chemicals, Instruments/Paraphernalia
and/or Laboratory Equipment Including the Proceeds or Properties
Obtained from the Unlawful Act Committed. — The penalty of life
imprisonment to death and a fine ranging from Five hundred thousand
pesos (P500,000.00) to Ten million pesos (P10,000,000.00), in addition
to absolute perpetual disqualification from any public office, shall be
imposed upon any public officer or employee who misappropriates,
misapplies or fails to account for confiscated, seized or surrendered
dangerous drugs, plant sources of dangerous drugs, controlled precursors
and essential chemicals, instruments/paraphernalia and/or laboratory
equipment including the proceeds or properties obtained from the
unlawful acts as provided for in the Act.

Any elective local or national
official found to have benefited from the proceeds of the trafficking
of dangerous drugs as prescribed in the 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 the 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.

SECTION 28. Criminal Liability of Government Officials and Employees. —
The maximum penalties of the unlawful acts provided for in the Act
shall be imposed, in addition to absolute perpetual disqualification
from any public office, if those found guilty of such unlawful acts are
government officials and employees.

SECTION 29. Criminal Liability for Planting of Evidence.
— Any person who is found guilty of “planting” any dangerous drug
and/or controlled precursor and essential chemical, regardless of
quantity and purity, shall suffer the penalty of death.

SECTION 30. Criminal Liability of Officers of Partnerships, Corporations, Associations or Other Juridical Entities.
— In case any violation of the Act is committed by a partnership,
corporation, association or any juridical entity, the partner,
president, director, manager, trustee, estate administrator, or officer
who consents to or knowingly tolerates such violation shall be held
criminally liable as a co-principal.

The penalty provided for the
offense under the 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.

SECTION 31. Additional Penalty If Offender is an Alien.
— In addition to the penalties prescribed in the unlawful act
committed, any alien who violates such provisions of the Act shall,
after service of sentence, be deported immediately without further
proceedings, unless the penalty is death.

SECTION 32. Liability of a Person Violating Any Regulation Issued by the Board.
— 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 (P10,000.00)
to Fifty thousand pesos (P50,000.00) shall be imposed upon any person
found violating any regulation duly issued by the Board pursuant to the
Act, in addition to the administrative sanctions imposed by the Board.

SECTION 33. Immunity from Prosecution and Punishment.
— Notwithstanding the provisions of Section 17, Rule 119 of the Revised
Rules of Criminal Procedure and the provisions of Republic Act No. 6981
or the Witness Protection, Security and Benefit Act of 1991, any person
who has violated Sections 7, 11, 12, 14, 15 and 19, Article II of the
Act, who voluntarily gives information about any violation of Sections
4, 5, 6, 8, 10, 13 and 16; Article II of the Act, as well as any
commission of the offenses mentioned if or committed by a drug
syndicate, or any information leading to the whereabouts, identities and
arrest of all or any of the members thereof; and who willingly
testifies against such person as described above, shall be exempted from
prosecution or punishment for the offense with reference to which
his/her information and testimony were given, and may plead or prove the
giving of such information and testimony in bar of such prosecution:
Provided, that the following conditions concur:

a.         The information and testimony are necessary for the conviction of the persons described above;

b.         Such information and testimony are not yet in the possession of the State;

c.         Such information and testimony can be corroborated on its material points;

d.         The
informant or witness has not been previously convicted of a crime
involving moral turpitude, except when there is no other direct evidence
available for the State other than the information and testimony of
said informant or witness; and

e.         The
informant or witness shall strictly and faithfully comply without
delay, any condition or undertaking, reduced into writing, lawfully
imposed by the State as further consideration for the grant of immunity
from prosecution and punishment.

Provided, further, that this
immunity may be enjoyed by such informant or witness who does not appear
to be most guilty for the offense with reference to which his/her
information or testimony were given; Provided, finally, that there is no
direct evidence available for the State except for the information and
testimony of the said informant or witness.

SECTION 34. Termination of the Grant of Immunity.
— The immunity granted to the informant or witness, as prescribed in
Section 33 of the Act, shall not attach should it turn out subsequently
that the information and/or testimony is false, malicious or made only
for the purpose of harassing, molesting or in any way prejudicing the
persons described in the preceding Section against whom such information
or testimony is directed. In such case, the
informant or witness shall be subject to prosecution and the enjoyment
of all rights and benefits previously accorded him under the Act or any
other law, decree or order shall be deemed terminated.

In case an informant or
witness under the Act fails or refuses to testify without just cause,
and when lawfully obliged to do so, or should he/she violate any
condition accompanying such immunity as provided above, his/her immunity
shall be removed and he/she shall likewise be subject to contempt
and/or criminal prosecution, as the case may be, and the enjoyment of
all rights and benefits previously accorded him under the Act or in any
other law, decree or order shall be deemed terminated.

In case the informant or
witness referred to under the Act falls under the applicability of this
Section hereof, such individual cannot avail of the provisions under
Article VIII of the Act.

SECTION 35. Accessory Penalties.
— A person convicted under the Act shall be disqualified to exercise
his/her civil rights such as, but not limited to, the rights of parental
authority or guardianship, either as to the person or property of any
ward, the rights to dispose of such property by any act or any
conveyance inter vivos, and political rights
such as, but not limited to, the right to vote and be voted for. Such
rights shall also be suspended during the pendency of an appeal from such conviction.

ARTICLE III
Dangerous Drugs Test and Record Requirements

SECTION 36. Authorized Drug Testing.
— Authorized drug testing shall be done by any government forensic
laboratory or by any of the drug testing laboratories accredited and
monitored by the DOH to safeguard the quality of test results. 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 undergo drug testing:

a.         Applicants
for driver’s license. — No driver’s license shall be issued or renewed
to any person unless he/she presents a certification that he/she has
undergone a mandatory drug test and indicating thereon that he/she is
free from the use of dangerous drugs: Provided, that the
Land Transportation Office shall see to it that no driver’s license is
issued without a drug test certificate indicating that the applicant is
drug-free; Provided, further, that all drug testing expenses will be
borne by these licensees;

b.         Applicants
for firearm’s license and for permit to carry firearms outside of
residence. — All applicants for firearm’s license and permit to carry
firearms outside of residence shall undergo a mandatory drug test to
ensure that they are free from the use of dangerous drugs: Provided, that all persons who by the nature of their profession carry firearms shall undergo drug testing; Provided, further,
that the Philippine National Police shall ensure that no firearm’s
license or permit is issued without a drug test certificate indicating
that the applicant is drug-free; Provided, finally, that all drug testing expenses will be borne by said licensees and permittees;

c.         Students
of tertiary and secondary schools. — Students of tertiary and secondary
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 expenses whether in public or private schools under
this Section will be borne by the government; Provided, further, that
the Department of Education and the Commission on Higher Education, as
the case may be, shall see to it that this provision is implemented;

d.         Officers
and employees of public and private offices. — Officers and employees
of public and private offices, whether domestic or overseas, shall
undergo a random drug test as contained in the company’s work rules and
regulations, which shall be borne by the employer, for purposes of
reducing the risk in the workplace. 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 282 of the Labor Code
and pertinent provisions of the Civil Service Law: Provided,
that the Department of Labor and Employment and the Civil Service
Commission, as the case may be, shall see to it that this provision is
implemented;

e.         Officers
and members of the military, police and other law enforcement agencies.
— Officers and members of the military, police and other law
enforcement agencies shall undergo an annual mandatory drug test:
Provided, that the respective heads of these agencies shall see to it
that this provision is implemented;

f.          All
persons charged before the prosecutor’s office with a criminal offense
having an imposable penalty of imprisonment of not less than six (6)
years and one (1) day shall have to undergo a mandatory drug test: Provided,
that the National Prosecution Office shall see to it that this
provision is implemented by requiring the apprehending unit to have the
persons charged drug-tested; Provided, further, that all
drug testing expenditures will be borne by the government, subject to
the guidelines to be issued by the Board; and

g.         All
candidates for public office whether appointed or elected both in the
national or local government shall undergo mandatory drug test: Provided,
that the Commission on Elections and the Civil Service Commission, as
the case may be, shall see to it that this provision is implemented;
Provided, further, that the concerned candidates will bear all the drug testing expenditures.

In addition to the above
stated penalties in this Section, those found to be positive for
dangerous drug use shall be subject to the provisions of Section 15 of
the Act.

The DOH shall be the sole
drug-testing licensing/accrediting body of the government to the
exclusion of all other agencies. It shall be responsible for setting the
standards and guidelines of operations of these facilities, as well as
the monitoring of the implementations thereof.

SECTION 37. Issuance of False or Fraudulent Drug Test Results.
— Any person authorized, licensed or accredited under the Act and its
implementing rules and to conduct drug examination or test, who issues
false or fraudulent drug test results knowingly, willfully or through
gross negligence, shall suffer the penalty of imprisonment ranging from
six (6) years and one (1) day to twelve (12) years and a fine ranging
from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00).

An additional penalty shall be
imposed through the revocation of the license to practice his/her
profession in case of a practitioner; and the closure of the drug
testing center.

SECTION 38. Laboratory Examination or Test on Apprehended/Arrested Offenders.
— Subject to Section 15 of the Act, any person apprehended or arrested
for violating the provisions of the Act shall be subjected to screening
laboratory examination or test within twenty-four (24) hours; if the
apprehending or arresting officer has reasonable ground to believe that
the person apprehended or arrested, on account of physical signs or
symptoms or other visible or outward manifestation, is under the
influence of dangerous drugs. If found to be
positive, the results of the screening laboratory examination or test
shall be challenged within fifteen (15) days after receipt of the result
through a confirmatory test conducted in any accredited analytical
laboratory equipped with a gas chromatograph/mass spectrometry equipment
or some such modern and accepted method, and if confirmed, the same
shall be prima facie evidence that such person has used dangerous drugs,
which is without prejudice for the prosecution for other violations of
the provisions of the Act: Provided, that a positive screening
laboratory test must be confirmed for it to be valid in court of law.

SECTION 39. Accreditation of Drug Testing Centers and Physicians.
— The DOH shall be tasked to license and accredit drug testing centers
in each province and city in order to assure their capacity, competence,
integrity and stability, to conduct the laboratory examinations and
tests provided in this Article, and appoint such technical and other
personnel as may be necessary for the effective implementation of this
provision. 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
examinations 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.

The DOH, in coordination with
the DDB, shall issue Orders, Memoranda or Circulars providing for the
implementing guidelines and specific technical requirements related to
licensing and accreditation.

SECTION 40. Records Required for Transactions on Dangerous Drugs and Precursors and Essential Chemicals. —

a.         Every
pharmacist dealing in dangerous drugs and/or controlled precursors and
essential chemicals shall maintain and keep an original record of sales,
purchases, acquisitions and deliveries of dangerous drugs, indicating
therein the following information:

1.      License number and address of the pharmacist;

2.      Name, address and license of the manufacturer, importer or wholesaler from whom the dangerous drugs have been purchased;

3)      Quantity and name of the dangerous drugs purchased or acquired;

4.      Date of acquisition or purchase;

5.      Name, address and community tax certificate number of the buyer;

6.      Serial number of the prescription and the name of the physician, dentist, veterinarian or practitioner issuing the same;

7.      Quantity and name of the dangerous drugs sold or delivered; and

8.      Date of sale or delivery.

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.

b. A physician, dentist, veterinarian or practitioner authorized to prescribe any dangerous drug shall issue the prescription therefor
in one (1) original and two (2) duplicate copies. 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 the 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 physicians, dentists, veterinarians 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.

c. All
manufacturers, wholesalers, distributors, importers, dealers and
retailers of dangerous drugs and/or controlled precursors and essential
chemicals shall keep a record of all inventories, sales, purchases,
acquisitions and deliveries of the same as well as the names, addresses
and licenses of the persons from whom such items were purchased or
acquired or to whom such items were sold or delivered, the name and
quantity of the same and the date of the transactions. Such records may
be subjected anytime for review by the Board.

ARTICLE IV

Participation of the Family, Students, Teachers and School Authorities in the Enforcement of the Act

SECTION 41. Involvement of the Family.
— The family being the basic unit of the Filipino society shall be
primarily responsible for the education and awareness of the members of
the family on the ill effects of dangerous drugs and close monitoring of
family members who may be susceptible to drug abuse.

a.         The
Family. — The family, particularly the parents, shall be primarily
responsible for promoting and strengthening the economic, physical,
social, emotional/psychological and spiritual well-being of each member
in order to develop it into a healthy, strong and stable one.

b.         Family
Solidarity. — Family solidarity shall be promoted through family
rituals such as praying together and reunions, family hour for sharing
experiences, hobbies and other family life enrichment activities to
enhance cohesiveness, bonding and harmonious relationships among its
members.

c.         Family Drug Abuse Prevention Program. — The family is the best defense against drug abuse. Therefore, the prevention of drug abuse shall start within the family.

c.1)   The
Family Drug Abuse Prevention Program is a community-based program of
preparing families to protect their members against the adverse effects
of drug abuse.

c.2)   The objectives of the program are as follows:

c.2.1)            To raise awareness and educate families on the ill effects of drug abuse;

c.2.2)            To equip the families with parenting and life skills towards a drug-free home; and

c.2.3)            To organize and mobilize families to consolidate efforts in support of the program and of families at risk.

c.3)   The program shall adopt the following components among others:

c.3.1)            Advocacy and Information Education on Drug Abuse

c.3.1.1) Integrate modules on drug prevention in existing parent education and family life programs and services;

c.3.2)            Capability Building of Parents and Youth on the Prevention of Dangerous Drugs

c.3.2.1) Conduct
capability-building programs for families, community leaders and
service providers on health, socio-cultural, psychological, legal and
economic dimensions and implications of the drug problem;

c.3.2.2) Conduct life skills and leadership training, peer counseling and values education towards the promotion of a positive lifestyle.

c.3.3)            Social Mobilization

c.3.3.1) Organize and promote family councils as advocates of drug abuse prevention;

c.3.3.2) Organize family peer support groups to strengthen coping capability of families in handling drug-related problems and issues.

c.3.4)            Networking and Alliance Building

c.3.4.1) Network and build alliance with anti-drug abuse councils, and agencies/institutions handling drug abuse cases.

d.         Adoption of the Program. — The Program shall be adopted by the national government agencies (NGAs), local government units (LGUs), non-government organizations (NGOs) and other concerned entities.

e.         Monitoring and Evaluation. — The Program shall be monitored and evaluated by the DSWD for enrichment.

SECTION 42. Student Councils and Campus Organizations.
— All elementary, secondary and tertiary schools’ student councils and
campus organizations 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.

The student governments/councils and legitimate school organizations of all private and public schools shall:

a.         include
dangerous drug abuse awareness and prevention in the objectives,
programs and projects provided for in their respective Constitution and
By-Laws;

b.         have
detailed plans of action of their projects duly approved, with the
implementation of the same, monitored and evaluated by the school
heads/teacher-advisers;

c.         participate actively in drug abuse prevention programs and training activities initiated by government organizations (GOs) and non-government organizations (NGOs) in the community; as part of their extension services/co-curricular activities;

d.         implement
programs/projects focused on, but not limited to, information
campaigns, peer counseling, life skills and leadership trainings; and

e.         coordinate with the school administration relative to the treatment and rehabilitation of students with drug-related problems.

SECTION 43. School Curricula.
— Instruction on drug abuse prevention and control shall be integrated
in the elementary, secondary and tertiary curricula of all public and
private schools, whether general, technical, vocational or
agro-industrial as well as in non-formal, informal and indigenous
learning systems. Such instructions shall include:

a)         Adverse effects of the abuse and misuse of dangerous drugs on the person the family, the school and the community;

b)         Preventive measures against drug abuse;

c)         Health, socio-cultural, psychological, legal and economic dimensions and implications of the drug problem;

d)         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

e)         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 Department of Education (DepEd) shall:

1.         integrate drug abuse prevention concepts into such subjects as, but not limited to, Science and Health and Makabayan at the elementary level, and Science and Technology and Makabayan at the secondary level;

2.         integrate
such concepts in the Non-Formal Education Program, particularly
functional education and literacy, continuing education and values
education;

3.         continuously
develop, update and adopt learning packages to support the existing
drug education concepts/contents in the textbooks and other
instructional materials;

4.         support the National Drug Education Program (NDEP), with the school head fully responsible for its effective implementation; and

5.         mobilize
the school health and nutrition personnel to supplement and complement
classroom instruction by communicating drug abuse prevention messages to
the students, teachers and parents.

The Commission on Higher
Education (CHED) shall continue to enrich and update the integration of
dangerous drug prevention concerns, in the general education components
of all higher education course offerings, as well as in the professional
subjects particularly that of Health-related, other Science and Teacher
Education courses.

The Technical Education and Skills Development Authority (TESDA) shall:

1. integrate drug abuse prevention concepts in the technical, vocational and agro-industrial courses; and

2. include such concepts in appropriate instructional materials for technical education and skills development.

The DepEd, CHED and TESDA shall:

1.         provide
a continuing in-service training of teachers on the effective
utilization of the support instructional materials and on teaching
strategies on drug education;

2.         continuously
monitor and evaluate the effectiveness of the overall impact of the
dangerous drug abuse prevention program through their respective
regional/field offices;

3.         secure funds from local and foreign donor agencies for the implementation of the drug education program whenever possible;

4.         enlist the assistance of any government agency or instrumentality to carry out the objectives of the education program; and

5.         include the pertinent provisions of the Act as one of the major topics of drug education in appropriate courses.

SECTION 44. Heads, Supervisors, and Teachers of Schools.
— For the purpose of enforcing the provisions of Article II of the Act,
all school heads, supervisors and teachers shall be deemed persons in
authority and, as such, are hereby empowered to apprehend, arrest or
cause the apprehension or arrest of any person who shall violate any of
the said provisions, pursuant to Section 5, Rule 113 of the Rules of
Court. 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.

a. The school heads, supervisors and teachers:

a.1)   shall
effect the arrest of any person violating Article II of the Act inside
the school campus and/or within its immediate vicinity or in other
places as provided for in Section 44 of the Act, and turn over the
investigation of the case to the PDEA;

a.2)   may
summon the services of other law enforcement agencies to arrest or
cause the apprehension or arrest of persons violating Article II of the
Act;

a.3)   shall
be trained on arrest and other legal procedures relative to the conduct
of arrest of violators of the Act along with student leaders and
Parents Teachers Association (PTA) officials; and

a.4)   shall refer the students or any other violators found to be using dangerous drugs to the proper agency/office.

(b) A
Special Unit or Task Force from existing school personnel, student
leaders and PTA officials shall be organized in every school and trained
to assist in the apprehension or arrest of violators of Article II of
the Act within their areas of jurisdiction.

(c) Appropriate
protection of the concerned school officials shall be put in place to
ensure personal security and peace of mind among them, such as free
legal assistance, police protection and any other assistance as may be
deemed necessary.

SECTION 45. Publication and Distribution of Materials on Dangerous Drugs. — With the assistance of the Board, the Secretary of the Department of Education (DepEd),
the Chairperson of the Commission on Higher Education (CHED), and the
Director-General of the Technical Education and Skills Development
Authority (TESDA) shall cause the development, publication and
distribution of information and support educational materials on
dangerous drugs to the students, the faculty, the parents and the
community.

(a)     DepEd, CHED and TESDA shall develop and provide adequate information materials on dangerous drug abuse and prevention;

(b)     An Evaluation Committee composed of DepEd,
CHED, TESDA, DOH and DDB shall be organized, the main task of which, is
to determine the appropriateness of all instructional and information
materials to be used in schools; and

(c)     DepEd,
CHED and TESDA shall include drug abuse prevention and control
activities in their Manual of Regulations/Service Manual. Schools,
colleges and universities shall include information/guidelines on drug
abuse prevention and control in the Student’s Handbook/Gabay sa Mag-aaral and school publications/official organs.

SECTION 46. Special Drug Education Center.
— With the assistance of the Board, the Department of Interior and
Local Government (DILG), the National Youth Commission (NYC), and the
Department of Social Welfare and Development (DSWD) shall establish in
each of its provincial office a special drug education center for
out-of-school youth and street children. 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.

a. The Establishment of Special Drug Education Center (SDEC)

a.1) A
Special Drug Education Center for out-of-school youth and street
children shall be established in every province to be headed by a
Provincial Social Welfare Development Officer (PSWDO). The
concerned Provincial Government shall establish and maintain the center
with the assistance of the Board, the DILG, the NYC and the DSWD.

The SDEC in the province may
serve the out-of-school youth and children in the component cities and
municipalities within its geographical coverage. However, highly
urbanized and non-component cities shall be encouraged to establish
their own SDECS to carry out an effective drug education prevention
program.

a.2) The SDEC may be established through any of the following manner:

a.2.1) As
part of existing facilities of any government organization (GO),
non-government organization (NGO), civic, labor or religious
organization, or the private sector; or

a.2.2) As a new center constructed through government funds, donations, grants and the like.

a.3) The
Provincial Government shall provide the personnel, supplies, equipment
and others as it may deem necessary to carry out the effective
implementation of a preventive drug education program. The Board, DILG, NYC and DSWD shall provide support in the operation of the SDEC.

b. Functions of the SDEC. — It shall exercise the following:

b.1)   Develop
and implement drug abuse prevention programs such as community
information and education activities on the ill effects of drug abuse,
literacy programs, skills and livelihood activities, among others, for
out-of-school youth, street children and their parents;

b.2)   Conduct life skills and leadership training, peer counseling and values education towards the promotion of a positive lifestyle;

b.3)   Advocate local legislations, policies and programs, as well as generate resources to support the SDEC;

b.4)   Maintain a databank on out-of-school youth, street children and young drug dependents; and

b.5)   Establish
linkages with anti-drug abuse councils, youth-serving agencies, youth
organizations, rehabilitation centers, after-care facilities and other
networks to ensure coordinated efforts in the prevention of drug abuse;

c. Roles
and Responsibilities of DILG, NYC and DSWD. — The following agencies
shall have their respective roles and responsibilities:

c.1)   The Dangerous Drugs Board (DDB)

c.1.1)            Develop
a national prevention program, in cooperation with the DILG, NYC and
DSWD, designed for out-of-school youth and street children.

c.1.2)            Require the SDECs to submit periodic reports on their activities pertaining to said program.

c.2)   Department of Interior and Local Government (DILG)

c.2.1)            Assist and monitor the Provincial Government in order to ensure the establishment of the SDEC;

c.2.2)            Provide technical assistance on the operation and management of the SDEC;

c.2.3)            Establish linkages with local, national and international agencies for technical and financial support to the SDEC; and

c.2.4)            Monitor and ensure the submission of SDEC reports to the Board.

c.3.) National Youth Commission

c.3.1)            Conduct life skills training to the out-of-school youth, street children and young drug dependents; and

c.3.2)            Provide access to existing programs/services of NYC ,
such as, but not limited to, Ship for Southeast Asian Youth Program,
Youth Entrepreneurship Program, and National Youth Parliament and
Government Internship Program.

c.4)   Department of Social Welfare and Development (DSWD)

c.4.1)            Provide technical assistance in the development of a drug abuse prevention program;

c.4.2)            Undertake training/capability building activities for center staff;

c.4.3)            Develop standards for the SDEC; and

c.4.4)            Accredit SDEC and monitor its compliance with set standards.

d.         Programs
of the SDEC. — The programs of the SDEC shall be accredited by the DSWD
and be adopted in all private and public orphanages/child caring
agencies and existing special centers whenever applicable.

e.         Appropriations. — The funds for the establishment and maintenance of the SDEC shall be sourced out from the following:

e.1)   Annual budget of the Local Social Welfare and Development Office;

e.2)   Development funds of the LGU subject to the approval of the Sangguniang Panlalawigan; and

e.3)   Other
sources, such as, but not limited to, share from the Philippine
Amusement and Gaming Corporation (PAGCOR) and gaming and amusement
centers.

ARTICLE V
Promotion of a National Drug-Free Workplace
Program with the Participation of Private and Labor Sectors and the
Department of Labor and Employment

SECTION 47. Drug-Free Workplace. — It is deemed a policy of the State to promote drug-free workplaces using a tripartite approach. 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.

a.         A
National Drug-Free Workplace Abuse Prevention Program shall be
formulated by a tripartite Task Force composed of representatives from
the DOLE, workers’ and employers’ groups. It shall be supported by the Board, other concerned government organizations (GOs), and non-government organizations (NGOs).

b.         The
Secretary of the DOLE shall issue a Department Order creating a Task
Force consisting of tripartite and other agencies to formulate policies
and strategies for the purpose of developing a National Action Agenda on
drug abuse prevention in the workplace. Pursuant to the declared policy
of the State and the national workplace policy, the DOLE shall issue a
Department Order (DO) requiring all private companies to adopt and
implement drug abuse prevention programs in the workplace, including the
formulation of company policies.

c.         Pursuant
to the functions of the Board under Section 81 (a) of the Act, the
existing Civil Service rules and policies needed to respond to drug
abuse in the public sector shall be adopted.

SECTION 48. Guidelines for the National Drug-Free Workplace Program.
— The Board and the DOLE shall formulate the necessary guidelines for
the implementation of the national drug-free workplace program. The amount necessary for the implementation of which shall be included in the annual General Appropriations Act.

The Task Force shall develop a comprehensive National Drug-Free Workplace Program in accordance with the following guidelines:

a. All private sector organizations with ten (10) or more personnel shall implement a drug abuse prevention program.

a.1) The
workplace program shall include advocacy and capability building and
other preventive strategies including but not limited to: company
policies, training of supervisors/managers, employee education, random
drug testing, employee assistance program and monitoring and evaluation.

a.2) The workplace program shall be integrated in the safety and health programs.

b. DOLE and labor and employers’ groups shall also encourage drug-free policies and programs for private companies with nine (9) workers or less.

c. 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 282 of Book VI of the
Labor Code.

d. Private sector organizations may extend the drug education program to the employees/personnel and immediate families to contribute in the promotion of a healthy drug-free family, community and society.

e. All
private sector organizations shall display in a conspicuous place a
billboard or streamer with a standard message of “THIS IS A DRUG-FREE WORKPLACE: LET’S KEEP IT THIS WAY!” or such other messages of similar import.

ARTICLE VI
Participation of the Private and Labor Sectors in the Enforcement of the Act

SECTION 49. Labor Organizations and the Private Sector. —
All labor unions, federations, associations; or organizations in
cooperation with the respective private sector partners shall include in
their collective bargaining or any similar agreements, joint continuing
programs and information campaigns for the laborers similar to the
programs provided under Section 47 of the Act with the end in view of
achieving a drug-free workplace.

It shall be required that the
workplace drug abuse prevention policies and programs be included as
part of the Collective Bargaining Agreement (CBA).

SECTION 50. Government Assistance.
— The labor sector and the respective partners may, in pursuit of the
programs mentioned in the preceding Section, secure the technical
assistance, such as, but not limited to, seminars and information
dissemination campaigns of the appropriate government and law
enforcement agencies.

a.         The
DOLE, DDB, and PDEA and other government agencies shall provide
technical assistance in planning, developing, monitoring and evaluating
drug abuse prevention programs, including a referral system for
treatment and rehabilitation, in the labor sector both private and
public.

b.         Workplace
drug abuse prevention programs shall be included in existing advocacy
and capability building programs of the government.

c.         The
labor inspection arm of the DOLE shall develop an appropriate
inspection form to be integrated in the on-going general labor standards
inspection.

d.         The
information and dissemination of pertinent provisions of the Act and
the IRR shall be included in the agenda of the advisory visits of the
labor enforcement advisory team.

ARTICLE VII
Participation of Local Government Units

SECTION 51. Local Government Units’ Assistance. — The LGUs
shall appropriate a substantial portion of their respective annual
budgets to assist in or enhance the enforcement of the Act giving
priority to preventive or educational programs and the rehabilitation or
treatment of drug dependents.

a. Consistent with the principles of local autonomy, the local sanggunians
shall appropriate substantial funds from their annual budgets to be
utilized in assisting or enhancing the enforcement of the Act, giving
priority to educational programs on drug abuse prevention and control
and rehabilitation and treatment of drug dependents, such amount to be
determined by the sanggunian concerned based on the perceived need of the locality.

b. As used in this Section, “perceived need” may cover such factors as, but not limited to, the following:

b.1    Considerable increase in the number of drug dependents in the area;

b.2    The rise in drug-related crime incidents as certified to by the local PNP and/or PDEA; and

b.3    The need for preventive and advocacy initiatives.

SECTION 52. Abatement of Drug Related Public Nuisances.
— Any place or premises which have been used on two or more occasions
as the site of the unlawful sale or delivery of dangerous drugs, or used
as drug dens for pot sessions and other similar activities, may be
declared to be a public nuisance, and such nuisance may be abated,
pursuant to the following procedures:

a. Any
city or municipality may, by ordinance, create an administrative board
to hear complaints regarding the nuisances, to be composed of the
following:

a.1    City/Municipal Health Officer as chairperson;

a.2    City/Municipal
Legal Officer as member, provided that in cities/municipalities with no
Legal Officer, the City/Municipal Administrator shall act as member;
and

a.3    The Local Chief of Police as member;

b. Any
employee, officer, or resident of the city or municipality may bring a
complaint before the administrative board after giving not less than
three (3) days written notice of such complaint to the owner of the
place or premises at his/her last known address;

c. Within
three (3) days from receipt of the complaint, a hearing shall then be
conducted by the administrative board, with notice to both parties, and
the administrative board may consider any evidence submitted, including
evidence of general reputation of the place or premises;

d. The owner/manager of the premises or place shall also be given an opportunity to present any evidence in his/her defense;

e. After hearing, the administrative board may declare the place or premises to be a public nuisance; and

f. The hearing shall be terminated within ten (10) days from commencement.

Subject to the limitation on
personal services under the Local Government Code of 1991, the
availability of funds and the existing Department of Budget and
Management (DBM) Local Budget Circulars, the Sangguniang Bayan/Panlungsod may grant reasonable honoraria to the chairperson and members of the administrative board.

SECTION 53. Effect of the Administrative Board Declaration.
— If the administrative board declares a place or premises to be a
public nuisance, it shall issue an order immediately prohibiting the
conduct, operation or maintenance of any business or activity on the
premises which is conducive to such nuisance. The
city/municipal mayor shall implement the order of the administrative
board and shall assume full responsibility in seeing to it that the
order is immediately complied with.

The order issued by the administrative board shall expire after one (1) year, or at such an earlier time as stated in the order. The administrative board may bring a complaint seeking a permanent injunction against any nuisance described under this IRR.

The
administrative board, upon showing that the place is no longer a public
nuisance, may conduct hearing with the complainant duly notified, for
the possible lifting of the order.

The DDB shall issue guidelines
on the proper implementation of the order of the administrative board
in case the place or premises declared as a public nuisance is a
residential house, without prejudice to the filing of criminal case
against the owner of the house pursuant to Section 6 of the Act.

This IRR does not restrict the
right of any person to proceed under the Civil Code on public nuisance.
Neither shall this restrict the power of the Sangguniang Bayan and Sangguniang Panlungsod per Section 447 [a] [4] [i] and Section 458 [a] [4] [i], respectively, of the Local Government Code, to declare or abate any nuisance.

ARTICLE VIII

Program for Treatment and Rehabilitation of Drug Dependents

SECTION 54. Voluntary Submission of a Drug Dependent to Confinement, Treatment and Rehabilitation.
— A drug dependent or any person who violates Section 15 of the Act
may, by himself/herself or through his/her parent, spouse, guardian or
relative within the fourth degree of consanguinity or affinity, apply to
the Board or its duly recognized representative, for treatment and
rehabilitation of the drug dependency. Upon such
application, the Board shall bring forth the matter to the court which
shall order that the applicant be examined for drug dependency. If
the examination by a DOH-accredited physician results in the issuance
of a certification that the applicant is a drug dependent, he/she shall
be ordered by the court to undergo treatment and rehabilitation in a
Center designated by the Board for a period of not less than six (6)
months: Provided, that a drug dependent may be placed
under the care of a DOH-accredited physician where there is no Center
near or accessible to the residence of the drug dependent or where said
drug dependent is below eighteen (18) years of age and is a first-time
offender and non-confinement in a Center will not pose a serious danger
to his/her family or community.

Confinement in a Center for
treatment and rehabilitation shall not exceed one (1) year, after which
time the court, as well as the Board, shall be apprised by the head of
the treatment and rehabilitation center of the status of said drug
dependent and determine whether further confinement will be for the
welfare of the drug dependent and his/her family or the community.

The DOH, in consultation with the DDB, shall provide standards and guidelines for the accreditation of the physicians.

SECTION 55. Exemption from the Criminal Liability Under the Voluntary Submission Program. — 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 the Act subject to the following
conditions:

a.         He/she
has complied with the rules and regulations of the Center, the
applicable rules and regulations of the Board, including the after-care
and follow-up program for at least eighteen (18) months following
temporary discharge from confinement in the Center or, in the case of a
drug dependent placed under the care of the DOH-accredited physician,
the after-care program and follow-up schedule formulated by the DSWD and
approved by the Board: Provided, that capability-building of local
government social workers shall be undertaken by the DSWD;

b.         He/she
has never been charged or convicted of any offense punishable under the
Act, the Dangerous Drugs Act of 1972 or Republic Act No. 6425, as
amended; the Revised Penal Code, as amended; or any special penal laws;

c.         He/she
has no record of escape from a Center: Provided, that had he/she
escaped, he/she surrendered by himself/herself or through his/her
parent; spouse, guardian or relative within the fourth degree of
consanguinity or affinity, within one (1) week from the date of the said
escape; and

d.         He/she poses no serious danger to himself/herself, his/her family or the community by his/her exemption from criminal liability.

SECTION 56. Temporary Release From the Center, After-Care and Follow-up Treatment Under the Voluntary Submission Program.
— Upon certification of the enter that the drug dependent within the
voluntary submission program may be temporarily release the court shall
order his/her release on condition that said drug dependent shall report
to the DOH for after-care and follow-up treatment, including urine
testing, for a period not exceeding eighteen (18) months under such
terms and conditions that the court may impose.

If during the period of
after-care and follow-up, the drug dependent is certified to be
rehabilitated, he/she may be discharged by the court, subject to the
provisions of Section 55 of the Act, without prejudice to the outcome of
any pending case filed in court.

However, should the DOH find
that during the initial after-care and follow-up program of eighteen
(18) months, the drug dependent requires further treatment and
rehabilitation in the Center, he/she shall be recommitted to the Center for confinement. Thereafter,
he/she may again be certified for temporary release and ordered
released for another after-care and follow-up program pursuant to this
Section.

The DOH shall formulate
standards and guidelines, in consultation with the DDB, after-care and
follow-up, treatment wherein the following provisions, among others,
shall be incorporated:

a. The
DOH-accredited physician can recommend to the court the release of a
drug dependent at least forty-five (45) days after initial admission to a
facility; and

b. The
physician should likewise prescribe a comprehensive after-care and
follow-up program which the dependent should adhere to in order to
complete at least eighteen (18) months, depending on the assessment and
evaluation of the physician and subject to the approval of the court.

SECTION 57. Probation and Community Service Under the Voluntary Submission Program.
— A drug dependent who is discharged as rehabilitated by the
DOH-accredited Center through the voluntary submission program, but does
not qualify for exemption from criminal liability under Section 55 of
the Act, may be charged under the provisions of the Act, but shall be
placed on probation and undergo community service in lieu of
imprisonment and/or fine in the discretion of the court, without
prejudice to the outcome of any pending case filed in court.

Such drug dependent shall
undergo community service as part of his/her after-care and follow-up
program, which may be done in coordination with non-government, civic
organizations accredited by the DSWD, with the recommendation of the
Board.

SECTION 58. Filing of Charges Against a Drug Dependent Who is Not Rehabilitated Under the Voluntary Submission Program. — A drug dependent who
is not rehabilitated after the second commitment to the Center under
the voluntary submission program, shall, upon recommendation of the
Board, be charged with violation of Section 15 of the Act and prosecuted
like any other offender. If convicted, he/she
shall be credited for the period of confinement and rehabilitation in
the Center in the service of his/her sentence.

SECTION 59. Escape and Recommitment for Confinement and Rehabilitation Under the Voluntary Submission Program. —
Should a drug dependent under the voluntary submission program escape
from the Center, he/she may submit himself/herself for recommitment
within one (1) week therefrom, or his/her
parent, spouse, guardian or relative within the fourth degree of
consanguinity or affinity may, within said period, surrender him for
recommitment, in which case the corresponding order shall be issued by
the Board.

Should the escapee fail to
submit himself/herself or be surrendered after one (1) week, the Board
shall apply to the court for a recommitment order. Upon proof of
previous commitment or his/her voluntary submission by the Board, the
court may issue an order for recommitment within one (1) week.

If, subsequent to a
recommitment, the dependent once again escapes from confinement, he/she
shall be charged with violation of Section 15 of the Act and be
subjected under Section 61 of the Act, either upon order of the Board or
upon order of the court, as the case may be.

SECTION 60. Confidentiality of Records Under the Voluntary Submission Program. —
Judicial and medical records of drug dependents under the voluntary
submission program shall be confidential and shall not be used against
him/her for any purpose, except to determine how many times, by
himself/herself or through his/her parent, spouse, guardian or relative
within the fourth degree of consanguinity or affinity, he/she
voluntarily submitted himself/herself for confinement, treatment and
rehabilitation or has been committed to a Center under this program.

However, where the drug
dependent is not exempt from criminal liability under Section 55 of the
Act, or when he/she is not rehabilitated under the voluntary submission
program, or when he/she escapes again from confinement after
recommitment, the records mentioned in the immediately preceding
provisions, which are necessary of his/her conviction, may be utilized
as evidence in court against him/her..

SECTION 61. Compulsory Confinement of a Drug Dependent Who Refuses to Apply Under the Voluntary Submission Program.
— Notwithstanding any law, rule and regulation to the contrary, any
person determined and found to be dependent on dangerous drugs shall,
upon petition by the Board or any of its authorized representatives, be
confined for treatment and rehabilitation in any Center duly designated
or accredited for the purpose.

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/her.

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 both physicians conclude that the respondent is not a drug dependent, the court shall order his/her discharge. If
either 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 finds him/her a drug dependent, it shall issue an order for
his/her commitment to a treatment and rehabilitation center under the
supervision of the DOH. 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.

SECTION 62. Compulsory Submission of a Drug Dependent Charged with an Offense to Treatment and Rehabilitation.
— If a person charged with an offense where the imposable penalty is
imprisonment of less than six (6) years and one (1) day, and is found by
the prosecutor or by the court at any stage of the proceedings, to be a
drug dependent, the prosecutor 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/her commitment with the
regional trial court of the province or city where he/she is being
investigated or tried: Provided, 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/her commitment to a Center for treatment and rehabilitation. 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. If
the dependent is rehabilitated, as certified by the Center and the
Board, he/she shall be returned to the court, which committed him, for
his/her discharge therefrom.

Thereafter, his/her
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, if the accused is certified by the treatment and rehabilitation
center to have maintained good behavior, indicate that he/she shall be
given full credit for the period he/she was confined in the Center:
Provided, however, that when the offense is for violation of Section 15
of the Act and the accused is not a recidivist, the penalty thereof
shall be deemed to have been served in the Center upon his/her release therefrom after certification by the Center and the Board that he/she is rehabilitated.

SECTION 63. Prescription of the Offense Charged Against a Drug Dependent Under the Compulsory Submission Program.
— The period of prescription of the offense charged against a drug
dependent under the compulsory submission program shall not run during
the time that the drug dependent is under confinement in a Center or
otherwise under the treatment and rehabilitation program approved by the
Board.

Upon certification of the
Center that he/she may temporarily be discharged from the said Center,
the court shall order his/her release on condition that he/she shall
report to the Board through the DOH for after-care and follow-up
treatment for a period not exceeding eighteen (18) months under such
terms and conditions as may be imposed by the Board.

If at anytime during the
after-care and follow-up period, the Board certifies to his/her complete
rehabilitation, the court shall order his/her final discharge from
confinement and order for the immediate resumption of the trial of the
case for which he/she is originally charged. Should
the Board through the DOH find at anytime during the after-care and
follow-up period that he/she requires further treatment and
rehabilitation, it shall report to the court, which shall order his/her
recommitment to the Center.

Should the drug dependent, having been committed to a Center upon petition by the Board escape therefrom,
he/she may resubmit himself/herself for confinement within one (1) week
from the date of his/her escape; or his/her parent, spouse; guardian or
relative within the fourth degree of consanguinity or affinity may,
within the same period, surrender him for recommitment. If, however, the drug dependent does not resubmit himself/herself
for confinement or he/she is not surrendered for recommitment, the
Board may apply with the court for the issuance of the recommitment
order. Upon proof of previous commitment, the court shall issue an order for recommitment. If,
subsequent to such recommitment, he/she should escape again, he/she
shall no longer be exempt from criminal liability for use of any
dangerous drug.

A drug dependent committed
under this particular Section who is finally discharged from confinement
shall be exempt from criminal liability under Section 15 of the 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 the Act, again without prejudice to the outcome of any pending
case filed in court.

SECTION 64. Confidentiality of Records Under the Compulsory Submission Program.
— The records of a drug dependent who was rehabilitated and discharged
from the Center under the compulsory submission program, or who was
charged with violation of Section 15 of the Act, shall be covered by
Section 60 of the Act. However, the records of a
drug dependent who was not rehabilitated, or who escaped but did not
surrender himself/herself within the prescribed period, shall be
forwarded to the court and their use shall be determined by the court,
taking into consideration public interest and the welfare of the drug
dependent.

SECTION 65. Duty of the Prosecutor in the Proceedings.
— It shall be the duty of the provincial or the city prosecutor or
their assistants or state prosecutors to prepare the appropriate
petition in all proceedings arising from the Act.

SECTION 66. Suspension of Sentence of a First-Time Minor Offender.
— An accused who is over fifteen (15) years of age at the time of the
commission of the offense mentioned in Section 11 of the Act, but not
more than eighteen (18) years of age at the time when judgment should
have been promulgated after having been found guilty of said offense,
may be given the benefits of a suspended sentence, subject to the
following conditions:

a.         He/she
has not been previously convicted of violating any provision of the
Act, or of the Dangerous Drugs Act of 1972, as amended; or of the
Revised Penal Code; or of any special penal taws;

b.         He/she has not been previously committed to a Center onto the care of a DOH-accredited physician; and

c.         The Board favorably recommends that his/her sentence be suspended.

While under suspended
sentence, he/she shall be under the supervision and rehabilitative
surveillance of the Board, under such conditions that the court may
impose for a period ranging from six (6) months to eighteen (18) months.

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 the Act, Article 192 of Presidential Decree No. 603,
otherwise known as the Child and Youth Welfare Code, as amended by
Presidential Decree No. 1179 shall apply, without prejudice to the
application of the provisions of this Section.

SECTION 67. Discharge After Compliance with Conditions of Suspended Sentence of a First-Time Minor Offender.
— If the accused first-time minor offender under suspended sentence
complies with the applicable rules and regulations of the Board,
including confinement in a Center, the court, upon favorable
recommendation of the Board for the final discharge of the accused shall
discharge the accused and dismiss all proceedings.

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. Such an order, which shall be kept confidential, shall restore the accused to his/her status prior to the case. He/she
shall not be held thereafter to be guilty of perjury or of concealment
or misrepresentation by reason of his/her failure to acknowledge the
case or recite any fact related thereto in response to any inquiry made
of him for any purpose.

SECTION 68. Privilege of Suspended Sentence to be Availed of Only Once by a First-Time Minor Offender.
— The privilege of suspended sentence shall be availed of only once by
an accused drug dependent who is a first-time offender over fifteen (15)
years of age at the time of the commission of the violation of Section
15 of the Act but not more than eighteen (18) years of age at the time
when judgment should have been promulgated.

SECTION 69. Promulgation of Sentence for First-Time Minor Offender.
— If the accused first-time minor offender violates any of the
conditions of his/her suspended sentence, the applicable rules and
regulations of the Board exercising supervision and rehabilitative
surveillance over him, including the rules and regulations of the Center
should confinement be required, the court shall pronounce judgment of
conviction and he/she shall serve sentence as any other convicted
person.

SECTION 70. Probation or Community Service for a First-Time Minor Offender in Lieu of Imprisonment.
— Upon promulgation of the sentence, the court may, in its discretion,
place the accused under probation, even if the sentence provided under
the Act is higher than that provided under existing law on probation, or
impose community service in lieu of imprisonment. 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 the 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 the 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.

SECTION 71. Records to be kept by the Department of Justice.
— The DOJ shall keep a confidential record of the proceedings on
suspension of sentence and shall not be used for any purpose other than
to determine whether or not a person accused under the Act is a
first-time minor offender.

SECTION 72. Liability of a Person Who Violates the Confidentiality of Records.
— The penalty of imprisonment ranging from six (6) months and one (1)
day to six (6) years and a fine ranging from One thousand pesos
(P1,000.00) to Six thousand pesos (P6,000.00), shall be imposed upon any
person who, having official custody of or access to the confidential
records of any drug dependent under voluntary submission programs, or
anyone who, having gained possession of said records, whether lawfully
or not, reveals their content to any person other than those charged
with the prosecution of the offenses under the Act and its
implementation. 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. Should
the records be used for unlawful purposes, such as blackmail of the
drug dependent or the members of his/her family, the penalty imposed for
the crime of violation of confidentiality shall be in addition to
whatever crime he/she may be convicted of.

SECTION 73. Liability of a Parent, Spouse or Guardian Who Refuses to Cooperate with the Board or Any Concerned Agency. —
Any parent, spouse or guardian who, without valid reason, refuses to
cooperate with the Board or any concealed agency in the treatment and
rehabilitation of a drug dependent who is a minor, of in any manner,
prevents or delays the after-care, follow-up or other programs for the
welfare of the accused drug dependent, whether under voluntary
submission program or compulsory submission program, may be cited for
contempt by the court.

SECTION 74. Cost-Sharing in the Treatment and Rehabilitation of a Drug Dependent.
— The parent, spouse, guardian or any relative within the fourth degree
of consanguinity of any person who is confined under the voluntary
submission program or compulsory submission program shall be charged a
certain percentage of the cost of his/her treatment and rehabilitation,
the guidelines of which shall be formulated by the DSWD taking into
consideration the economic status of the family of person confined. The guidelines therein formulated shall be implemented by a social worker of the local government unit.

a. Persons
Sharing the Cost of Treatment and Rehabilitation of a Drug Dependent. —
The parent, spouse, guardian or any relative within the fourth degree
of consanguinity of any person who is confined under the voluntary
submission program or compulsory submission program shall share the cost
of treatment and rehabilitation of a drug dependent: Provided, however,
that, in case a dependent has no parent, spouse, guardian or relative
within the fourth degree of consanguinity, his/her rehabilitation shall
be through the auspices of any government rehabilitation center.

b. Factors
in Determining Cost. — In government rehabilitation centers, the
following factors shall be taken into consideration in determining the
share of the cost:

b.1    Family
income in relation to poverty threshold based on assessment of the LGU
social worker. Family income refers to the aggregate of primary income,
property income, pension and other current transfers received by the
immediate family or relatives of the drug dependent;

b.2    Capacity of the province/city/municipality based on their income classification; and

b.3    The cost of treatment and rehabilitation based on a center’s facilities, programs and services.

c. Guiding Principles. — The following guiding principles shall be observed:

c.1    A family whose income is within poverty threshold shall be fully subsidized by the government;

c.2    The higher the income of the family, the higher is its percentage share;

c.3    The higher the capacity of the LGU, the better the quality of programs, services and structures it shall provide;

c.4    Confidentiality of drug abuse cases shall be observed; and

c.5    Same quality of services shall be provided to both paying and non-paying drug dependents.

d. Formulation of Cost Sharing Schedule. — Within sixty (60) days upon the effectivity
of this IRR, the respective provincial/city/municipal councils shall
pass an ordinance prescribing the cost-sharing percentage for the
treatment and rehabilitation of drug dependents.

SECTION 75. Treatment and Rehabilitation Centers.
— The existing treatment and rehabilitation centers for drug dependents
operated and maintained by the NBI and the PNP shall be operated,
maintained and managed by the DOH, in coordination with other concerned
agencies. For the purpose of enlarging the
network of centers, the Board, through the DOH, shall encourage, 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) rehabilitation center in each province,
depending on the availability of funds.

To ensure proper treatment and rehabilitation of drug dependents, the DOH shall perform the following:

a.         Formulate standards and guidelines for the operation and maintenance of all treatment and rehabilitation centers nationwide;

b.         Develop a system for monitoring and supervision of all drug rehabilitation centers nationwide;

c.         Create programs which will advocate for the establishment of LGU-assisted rehabilitation facilities in each province;

d.         Submit
to the Department of Budget and Management (DBM) a budget for the
establishment, and operation of drug rehabilitation centers; and

e.         Facilitate
the turn-over of all the rehabilitation centers from the PNP and NBI
thru a Memorandum of Agreement that shall be signed within sixty (60)
days after approval of this IRR.

SECTION 76. The Duties and Responsibilities of the Department of Health (DOH) Under the Act. — The DOH shall:

a.         Oversee
and monitor the integration, coordination and supervision of all drug
rehabilitation, intervention, after-care and follow-up programs,
projects and activities, as well as the establishment, operations,
maintenance and management of privately-owned drug treatment
rehabilitation centers and drug testing networks and laboratories
throughout the country, in coordination with the DSWD and other
agencies;

b.         License,
accredit, establish and maintain drug test network and laboratory; and
initiate, conduct and support scientific research on drugs and drug
control;

c.         Encourage,
assist and accredit private centers; and promulgate rules and
regulations setting minimum standards for their accreditation to assure
their competence, integrity and stability;

d.         Prescribe
and promulgate rules and regulations governing the establishment of
such Centers as it may deem necessary after conducting a feasibility
study thereof;

e.         The
DOH shall, without prejudice to the criminal prosecution of those found
guilty of violating the Act, order the closure of a Center for
treatment and rehabilitation of drug dependency when, after
investigation it is found guilty of violating the provisions of the Act
or regulations issued by the Board; and

f.          Charge
reasonable fees for drug dependency examinations, other medical and
legal services provided to the public, which shall accrue to the Board.
All income derived from these sources shall be part of the funds
constituted as special funds for the implementation of the Act under
Section 87.

ARTICLE IX
Dangerous Drugs Board and Philippine Drug Enforcement Agency

SECTION 77. The Dangerous Drugs Board.
— The Board shall be the policy-making and strategy-formulating body in
the planning and formulation of policies and programs on drug
prevention and control. 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.

SECTION 78. Composition of the Board.
— The Board shall be composed of seventeen (17) members wherein three
(3) of which are permanent members, the other; twelve (12) members shall
be in an ex-officio capacity and the two (2) shall be regular members.

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: law,
medicine, criminology, psychology or social work, shall be appointed by
the President of the Philippines. The
President shall designate a Chairperson, who shall have the rank of a
secretary from among the three (3) permanent members who shall serve for
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:

1)      Secretary of the Department of Justice or his/her representative;

2)      Secretary of the Department of Health or his/her representative;

3)      Secretary of the Department of National Defense or his/her representative;

4)      Secretary of the Department of Finance or his/her representative;

5)      Secretary of the Department of Labor and Employment or his/her representative;

6)      Secretary of the Department of the Interior and Local Government or his/her representative;

7)      Secretary of the Department of Social Welfare and Development or his/her representative;

8)      Secretary of the Department of Foreign Affairs or his/her representative;

9)      Secretary of the Department of Education or his/her representative;

10)    Chairperson of the Commission on Higher Education or his/her representative;

11)    Chairperson of the National Youth Commission; and

12)    Director General of the Philippine Drug Enforcement Agency.

Cabinet secretaries who are
members of the Board may designate their duly authorized and permanent
representative whose ranks shall in no case be lower than
undersecretary.

The two (2) regular members shall be as follows:

a) The president of the Integrated Bar of the Philippines; and

b) The
chairperson or president of a non-government organization involved in
dangerous drug campaign to be appointed by the President of the Philippines.

The Director of the NBI and
the Chief of the PNP shall be the permanent consultants of the Board,
and shall attend all the meetings of the Board.

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.

SECTION 79. Meetings of the Board.
— The Board shall meet once a week or more frequently as necessary at
the discretion of the Chairperson or at the call of any four (4) other
members. The presence of nine (9) members shall constitute a quorum.

SECTION 80. Secretariat of the Board. — The Board shall recommend to the President of the Philippines
the appointment of an Executive Director, with the rank of an
undersecretary, who shall be the Secretary of the Board and
administrative officer of its secretariat, and shall perform such other
duties that may be assigned to him/her. He/she
must possess adequate knowledge, training and experience in the field of
dangerous drugs, and in any of the following fields: law enforcement,
law, medicine, criminology, psychology or social work.

Two deputy executive
directors, 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. It
shall be composed of the following Services: Policy Studies, Research
and Statistics; Preventive Education, Training and Information; Legal
Affairs; and Administrative and Financial Management.

SECTION 81. Powers and Duties of the Board. — The Board shall:

a)         Formulate,
develop and establish a comprehensive, integrated, unified and balanced
national drug abuse prevention and control strategy;

b)         Promulgate
such rules and regulations as may be necessary to carry out the
purposes of the Act, including the manger of safekeeping, disposition,
burning or condemnation of any dangerous drug and/or controlled
precursor and essential chemical under the charge and custody of DDB,
PDEA and other concerned agencies, and prescribe administrative remedies
or sanctions for the violations of such rules and regulations;

c)         Conduct policy studies, program monitoring and evaluations and other researches on drug prevention, control and enforcement;

d)         Initiate,
conduct and support scientific, clinical, social, psychological,
physical and biological researches on dangerous drugs and dangerous
drugs prevention and control measures;

e.         Develop
an educational program and information drive on the hazards and
prevention of illegal use of any dangerous drug and/or controlled
precursor and essential chemical based on factual data, and disseminate
the same to the general public, for which purpose the Board shall
endeavor to make the general public aware of the hazards of any
dangerous drug and/or controlled precursor and essential chemical by
providing among others, literature, films, displays or advertisements
and by coordinating with all institutions of learning, as well as with
all national and local enforcement agencies, in planning and conducting
its educational campaign programs to be implemented by the appropriate
government agencies;

f.          Conduct
continuing seminars for, and consultations with, and provide
information materials to judges and prosecutors in coordination with the
Office of the Court Administrator, in the case of judges, and the DOJ,
in the case of prosecutors, which aim to provide them with the current
developments and programs of the Board pertinent to its campaign against
dangerous drugs and its scientific researches on dangerous drugs, its
prevention and control measures;

g.         Design
special trainings in order to provide law enforcement officers, members
of the judiciary, and prosecutors, school authorities and personnel of
centers with knowledge and know-how in dangerous drugs and/or controlled
precursors and essential chemicals control, in coordination with the
Supreme Court, to meet the objectives of the national drug control
programs;

h.         Design
and develop, in consultation and coordination with the DOH, DSWD and
other agencies involved in drugs control, treatment and rehabilitation,
both, public and private, a national treatment and rehabilitation
program for drug dependents including a standard after-care and
community service program for recovering drug dependents;

i.          Design and develop, jointly with the DOLE and in consultation with labor and employer
groups, as well as non-government organizations, a drug abuse
prevention program in the workplace that would include a provision for
employee assistance programs for emotionally-stressed employees;

j.          Prescribe
and promulgate rules and regulations governing the establishment of
such centers, networks and laboratories as deemed necessary after
conducting a feasibility study, in coordination with the DOH and other
government agencies;

k.         Initiate
and authorize closure proceedings against non-accredited and/or
substandard rehabilitation centers based on verified reports of human
rights violations, sub-human conditions, inadequate medical training and
assistance and excessive fees for implementation by the PDEA;

In conjunction with
sub-paragraphs (c), (d) and (e) of Section 76 and sub-paragraphs (j) and
(k) of Section 81, the DDB and the DOH shall jointly promulgate
standards and guidelines for the establishment, operationalization, monitoring and closure of treatment and rehabilitation facilities.

l.          Receive,
gather, collect and evaluate all information on the importation,
exportation, production, manufacture, sale, stocks, seizures of and the
estimated need for any dangerous drug and/or controlled precursor and
essential chemical, for which purpose the Board may require from any
official, instrumentality or agency of the government or any private
person or enterprise dealing in, or engaged in activities having to do
with any dangerous drug and/or controlled precursor and essential
chemical such data or information as it may need to implement the Act;

m.        Gather
and prepare detailed statistics on the importation exportation,
manufacture, stocks, seizures of and estimated need for any dangerous
drug and/or controlled precursor and essential chemical and such other
statistical data on said drugs as may be periodically required by the
United Nations Commission on Narcotic Drugs, the World Health
Organization and other international organizations in consonance with
the country’s international commitments;

n.         Develop
and maintain international networking coordination with international
drug control agencies and organizations, and implement the provisions of
international conventions and agreements thereon which have been
adopted and approved by the Congress of the Philippines;

o.         Require
all government and private hospitals, clinics, doctors, dentists and
other practitioners to submit a report to the Board, in coordination
with the PDEA, about all dangerous drugs and/or controlled precursors
and essential chemicals-related cases to which they have attended for
statistics and research purposes;

p.         Receive
in trust legacies, gifts and donations of real and personal properties
of all kinds, to administer and dispose of the same when necessary for
the benefit of government and private rehabilitation centers subject to
limitations, directions and instructions from the donors, if any;

q.         Issue
guidelines as to the approval or disapproval of applications for
voluntary treatment, rehabilitation or confinement, wherein it shall
issue the necessary guidelines, rules and regulations pertaining to the
application and its enforcement;

r.          Formulate
guidelines, in coordination with other government agencies, the
importation, distribution, production, manufacture, compounding,
prescription, dispensing and sale of, and other lawful acts in
connection with any dangerous drug, controlled precursor and essential
chemical and other similar or analogous substances of such kind and in
such quantity as it may deem necessary according to the medical and
research needs or requirements of the country including diet pills
containing ephedrine and other addictive chemicals and determine the
quantity and/or quality of dangerous drugs and precursors and essential
chemicals to be imported, manufactured and held in stock at any given
time by authorized importer, manufacturer or distributor of such drugs:
Provided, that the corresponding license for this purpose shall be
issued by the PDEA;

s.         Develop,
in consultation with concerned agencies, the utilization of a
controlled delivery scheme in addressing the transshipment of dangerous
drugs into and out of the country to neutralize transnational crime
syndicates involved in illegal trafficking of any dangerous drug and/or
controlled precursor and essential chemical for implementation by the
PDEA in collaboration with other agencies and foreign counterparts;

t.          Recommend
the revocation of the professional license of any practitioner who is
an owner, co-owner, lessee, or in the employ of the drug establishment,
or manager of a partnership, corporation, association, or any juridical
entity owning and/or controlling such drug establishment, and who
knowingly participates in or consents to tolerates, or abets the
commission of the act of violations as indicated in the preceding
paragraph, all without prejudice to the criminal prosecution of the
person responsible for the said violation;

u.         Appoint
such technical, administrative and other personnel as may be necessary
for the effective implementation of the Act, subject to the Civil
Service Law and its rules and regulations;

v.         Establish
a regular and continuing consultation with concerned government
agencies and medical professional organizations to determine if balance
exists in policies, procedures, rules and regulations on dangerous drugs
and to provide recommendations on how the lawful use of dangerous drugs
can be improved and facilitated;

w.        Approve
changes in the organizational set-up of PDEA as submitted by the
Director General of the PDEA, as provided for under Section 83;

x.         Approve the establishment of the PDEA Academy either in Baguio or Tagaytay
City, and in such other places as may be necessary, and provide for the
qualifications and requirements of PDEA recruits who must be at least
twenty-one (21) years old, of proven integrity and honesty and a
baccalaureate degree holder, as provided for under Section 85;

y.         Reclassify,
add to or remove any dangerous drug from, the lists of dangerous drugs
and controlled precursors and essential chemicals, as provided for under
Section 93;

z.         Receive
from DOH all income derived from fees for drug dependency examinations
and other medical and legal services provided to the public which shall
be constituted as a special funds for the implementation of the Act, as
provided for under Section 76(f);

aa)    Receive
fines, fees, net proceeds of any sale or disposition of any property
confiscated of forfeited, and other income authorized and imposed under
the Act, including ten per cent (10%) of all unclaimed and forfeited
sweepstakes and lotto prizes but not less than Twelve million pesos
(P12,000,000.00) per year from the Philippine Charity Sweepstakes Office
(PCSO), and Five million pesos (P5,000,000.00) a month from PAGCOR,
which shall constitute as special account in the general fund for the
implementation of the Act, excluding the operating expenses of the Board
and other concerned agencies at least fifty per cent (50%) of all funds
which shall be reserved for assistance to government-owned and/or operated rehabilitation centers, as provided for under Sections 76(f) and 87.

bb)    Recommend
to the concerned agency the grant of compensation, reward and award to
any person providing information and to law enforcers participating in a
successful drug operation, as provided for in Section 22;

cc)    Manage the funds as it may deem proper for the attainment of the objectives of the Act. The
Chairperson of the Board shall submit to the President of the
Philippines and 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 the Act; recommended remedial legislation,
If needed, and such other relevant facts as it may deem proper to cite,
as provided for under Section 88; and

dd)    Submit
an annual and periodic reports to the President, the Congress of the
Philippines and the Senate and House of Representatives Committees
concerned as may be required from time to time, and perform such other
functions as may be authorized or required under existing laws and as
directed by the President himself/herself or as recommended by the
Congressional Committees concerned.

SECTION 82. Creation of the Philippine Drug Enforcement Agency (PDEA). —
To carry out the provisions of the Act, the PDEA, which serves as the
implementing arm of the Board, shall be responsible for the efficient
and effective law enforcement of all the provisions on any dangerous
drug and/or controlled precursor and essential chemical as provided in
the Act.

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 Director General of the PDEA shall be appointed by the President of the Philippines and shall perform such other duties that may be assigned to him/her. He/she
must possess adequate knowledge, training and experience in the field
of dangerous drugs, and in any of the following fields: law enforcement,
law, medicine, criminology, psychology or social work.

The Director General of the
PDEA shall be assisted in the performance of his/her duties and
responsibilities by two (2) deputy director generals with the rank of
Assistant Secretary, one for Operations and the other one for
Administration. The two (2) deputy director generals shall likewise be appointed by the President of the Philippines upon recommendation of the Board. The
two (2) deputy director generals shall possess the same qualifications
as those of the Director General of the PDEA. The Director General and
the two (2) deputy director generals shall receive the compensation and
salaries as prescribed by law.

SECTION 83. Organization of the PDEA. — The present Secretariat of the National Drug Law Enforcement and Prevention Coordinating Center (DEP Center) as created by Executive Order No. 61 shall be accordingly modified and absorbed by 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.

For purposes of carrying out
its duties and powers as provided for in the succeeding Section of this
IRR, the PDEA shall have the following Services, namely: Intelligence
and Investigation; International Cooperation and Foreign Affairs;
Preventive Education and Community Involvement; Plans and Operations;
Compliance; Legal and Prosecution; Administrative and Human Resource;
Financial Management; Logistics Management; and Internal Affairs.

The PDEA shall establish and
maintain regional offices in the different regions of the country which
shall be responsible for the implementation of the Act and the policies,
programs, and projects of said agency in their respective regions.

SECTION 84. Powers and Duties of the PDEA. — The PDEA shall:

a.         Implement
or cause the efficient and effective implementation of the national
drug control strategy formulated by the Board thereby carrying out a
national anti-drug campaign program which shall include drug law
enforcement, control and prevention campaign with the assistance of
concerned government agencies.

b.         Undertake
the enforcement of the provisions of Article II of the Act relative to
the unlawful acts and penalties involving any dangerous drug and/or
controlled pre-cursor and essential chemical and investigate all
violators and other matters involved in the commission of any crime
relative to the use, abuse or trafficking of any dangerous drug and/or
controlled precursor and essential chemical as provided for in the Act
and the provisions of Presidential Decree No. 1619;

c.         Administer oath, issue subpoena and subpoena duces tecum relative to the conduct of investigation involving the violations of the Act;

d.         Arrest
and apprehend as well as search all violators and seize or confiscate,
the effects or proceeds of the crimes as provided by law and take
custody thereof, for this purpose the prosecutors and enforcement agents
are authorized to possess firearms, in accordance with existing laws;

e.         Take
charge and have custody of all dangerous drugs and/or controlled
pre-cursors and essential chemicals seized, confiscated or surrendered
to any national, provincial or local law enforcement agency, if no
longer needed for purposes of evidence in court;

f.          Establish
forensic laboratories in each PNP office in every province and city in
order to facilitate action on seized or confiscated drugs, thereby
hastening the destruction of the same without delay;

g.         Recommend
to the DOJ the forfeiture of properties and other assets of persons
and/or corporations found to be violating the provisions of the Act and
in accordance with the pertinent provisions of the Anti-Money Laundering
Act of 2001;

h.         Prepare
for prosecution or cause the filing of appropriate criminal and civil
cases for violation of all laws on dangerous drugs, controlled
precursors and essential chemicals, and other similar controlled
substances, and assist; support and coordinate with other government
agencies for the proper and effective prosecution of the same;

i.          Monitor
and if warranted by circumstances, in coordination with the Philippine
Postal Office and the Bureau of Customs, inspect all air cargo packages,
parcels and mails in the central post office, which appear from the
package and address itself to be a possible importation of dangerous
drugs and/or controlled precursors and essential chemicals, through,
on-line or cyber shops via the internet or cyberspace;

j.          Conduct, eradication programs to destroy wild or illegal growth of plants from which dangerous drugs may be extracted;

k.         Initiate
and undertake the formation of a nationwide organization which shall
coordinate and supervise all activities against drug abuse in every
province, city, municipality and barangay
with the active and direct participation of all such local government
units and non-government organizations, including the citizenry, subject
to the provisions of previously formulated programs of action against
dangerous drugs;

l.          Establish
and maintain a national drug intelligence system in cooperation with
law enforcement agencies, other government agencies/offices and local
government units that will assist in its apprehension of big-time lords;

m.        Establish
and maintain close coordination, cooperation and linkages with
international drug control and administration agencies and
organizations, and implement the applicable provisions of international
conventions and agreements related to dangerous drugs to which the
Philippines is a signatory;

n.         Create
and maintain an efficient special enforcement unit to conduct
investigation, file charges and transmit evidence to the proper court,
wherein members of the said unit shall possess suitable and adequate
firearms for their protection in connection with the performance of
their duties: Provided, that no previous special permit for such
possession shall be required;

o.         Require
all government and private hospitals, clinics, doctors, dentists and
other practitioners to submit a report to it, in coordination with the
Board, about all dangerous drugs and/or controlled precursors and
essential chemicals which they have attended to for data and information
purposes;

p.         Coordinate
with the Board for the facilitation of the issuance of necessary
guidelines, rules and regulations for the proper implementation of the
Act;

q.         Initiate
and undertake a national campaign for drug abuse prevention and drug
control programs, where it may enlist the assistance of any department,
bureau, office, agency or instrumentality of the government, including
government-owned and/or controlled corporations, in the anti-illegal
drugs drive, which may include the use of their respective personnel,
facilities, and resources for a more resolute detection and
investigation of drug-related crimes and prosecution of the drug
traffickers; and

r.          Submit
an annual and periodic reports to the Board as may be required from
time to time, and perform such other functions as may be authorized or
required under existing laws and as directed by the President
himself/herself or as recommended by the Congressional Committees
concerned.

SECTION 85. The PDEA Academy. — Upon the approval of the Board, the PDEA Academy shall be established either in Baguio or Tagaytay City, and in such other places as may be necessary. The PDEA Academy shall be responsible in the recruitment and training of all PDEA agents and personnel. 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. He/she shall be appointed
by the PDEA Director General.

SECTION 86. Transfer, Absorption, and Integration of All Operating Units on Illegal Drugs into the PDEA and Transitory Provisions.
— The Narcotics Group of the PNP, the Narcotics Division of the NBI and
the Customs Narcotics Interdiction Unit are hereby abolished, however,
they shall continue with the performance of their task as detail service
with the PDEA, subject to screening, until such time that the
organizational structure of the Agency is fully operational and the
number of graduates of the PDEA Academy is sufficient to do the task
themselves: Provided, that such personnel who are
affected shall have the option of either being integrated into the PDEA
or remain with their original mother agencies and shall thereafter, be
immediately re-assigned to other units therein by the head of such
agencies. 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 the 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 the 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, the
PNP or any ad hoc anti-drug task force is found to be a violation of any
of the provisions of the Act, the PDEA shall be the lead agency. The
NBI, the PNP or and any of the task force shall immediately transfer
the same to the PDEA; Provided, further, that the NBI, the PNP and the
Bureau of Customs shall maintain close coordination with the PDEA on all
drug related matters.

a. Relationship/Coordination
between the PDEA and Other Agencies. — The PDEA shall be the lead
agency in the enforcement of the Act, while the PNP, the NBI and other
law enforcement agencies shall continue to conduct anti-drug operations
in support of the PDEA: Provided, that the said agencies shall, as far
as practicable, coordinate with the PDEA prior to anti-drug operations; Provided, further,
that, in any cases, said agencies shall inform the PDEA of their
anti-drug operations within twenty-four (24) hours from the time of the
actual custody of the suspects or seizure of said drugs and substances,
as well as paraphernalia and transport equipment used in illegal
activities involving such drugs and/or substances, and shall regularly
update the PDEA on the status of the cases involving the said anti-drug
operations; Provided, furthermore, that raids, seizures, and other
anti-drug operations conducted by the PNP; the NBI, and other law
enforcement agencies prior to the approval of this IRR shall be valid
and authorized; Provided, finally, that nothing in this IRR shall
deprive the PNP, the NBI, other law enforcement personnel and the
personnel of the Armed Forces of the Philippines (AFP) from effecting
lawful arrests and seizures in consonance with the provisions of Section
5, Rule 113 of the Rules of Court.

b. Roles
of the PNP, NBI, Bureau of Customs and Other Law Enforcement Agencies —
The PDEA may enter into a Memorandum of Agreement (MOA) with the PNP,
the NBI, the Bureau of Customs and other law enforcement agencies to
carry out the implementation of the Act, provided that the respective MOAs shall include specific roles of enumerated agencies in the administrative and operational matters. Said MOAs shall be entered into by the PDEA and the respective agencies fifteen (15) days after the implementation of this IRR.

ARTICLE X
Appropriations, Management of Funds and Annual Report

SECTION 87. Appropriations.
— The amount necessary for the operation of the Board and the PDEA
shall be charged against the current year’s appropriations of the Board,
the DEP Center, the Narcotics Group of the PNP, the Narcotics Division
of the NBI and other drug abuse units of the different law enforcement
agencies integrated into the PDEA in order to carry out the provisions
of the Act. Thereafter, such sums as may be
necessary for the continued implementation of the Act shall be included
in the annual General Appropriations Act.

All receipts derived from
fines, fees and other income authorized and imposed in the Act,
including ten percent (10%) of all unclaimed and forfeited sweepstakes
and lotto prizes but not less than Twelve million pesos (P12,000,000.00)
per year from the Philippine Charity Sweepstakes Office (PCSO), are
hereby constituted as a special account in the general fund for the
implementation of the Act: Provided, that no amount shall be disbursed
to cover the operating expenses of the Board and other concerned
agencies; Provided, further, that at least fifty percent (50%) of all
the funds shall be reserved for assistance to government-owned and/or
operated rehabilitation centers.

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.

A portion of the funds
generated by the Philippine Amusement and Gaming Corporation (PAGCOR) in
the amount of Five million pesos (P5,000,000.00) a month shall be set
aside for the purpose of establishing adequate drug rehabilitation
centers in the country and also for the maintenance and operations of
such centers: Provided, that the said amount shall be
taken from the fifty percent (50%) share of the National Government in
the income of PAGCOR; Provided, further, that the said amount shall
automatically be remitted by PAGCOR to the Board. The amount shall, in turn, be disbursed by the Board, subject to the rules and regulations of the Commission on Audit (COA).

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.

a. No
money shall be paid out of the National Treasury for the current
operating and capital outlay requirement of the programs, projects and
activities of the Board and the PDEA, including those funded from the
Special Account in the General Fund (SAGF) constituted under Section 87
of the Act and the next succeeding Rule, except in pursuance of an
express appropriation made by Congress in the annual General
Appropriations Act. Until such time that such an
express appropriation is made, the amounts necessary for the operation
of the new DDB and PDEA shall be in-charged against the current year’s
appropriation of the old DDB of the DOH, the DEP Center, the Narcotics
Group of the PNP, the Narcotics Division of the NBI and other drug
enforcement units of the different law enforcement agencies integrated
into the PDEA, subject to such guidelines as may be issued by DBM for
the purpose.

b. The Bureau of Treasury (BTr) shall open a SAGF in favor of the Board to which shall be deposited the following:

b.1    Receipts
derived from fines which shall be remitted by the court imposing such
fines within thirty (30) days from the finality of its decisions or
orders;

b.2    Ten
percent (10%) of all unclaimed and forfeited sweepstakes and lotto
prizes, but in no case less than Twelve million pesos (P12,000,000.00)
per year, which shall be remitted by the PCSO within thirty (30) days
after these are collected and declared forfeited;

b.3    Proceeds from fees and other incomes authorized and imposed pursuant to the Act;

b.4    The
Five million pesos (P5,000,000.00) monthly share of the Board from the
fifty percent (50%) statutory share of the National Government in the
income of the PAGCOR which shall automatically remit the same; and

b.5    Grants,
donations and endowments from various sources, domestic or foreign, for
purposes relative to their functions and subject to existing
guidelines.

c. Release
against the SAGF shall be governed by Section 35, Chapter 5, Book VI of
E.O. No. 292 (The Administrative Code of 1987), the established
programming considerations, and the observance of the following
conditions specified by the Act:

c.1 At
least fifty percent (50%) of the total receipts derived from fines,
fees and other income authorized and imposed under the Act, including
the ten percent (10%) of all unclaimed and forfeited sweepstakes and
lotto prizes from PCSO, shall be reserved for assistance to drug
treatment and rehabilitation centers owned and/or operated by the
National Government and its political subdivisions and that no amount in
the total of such receipts shall be disbursed to cover the operating
expenses of the Board, the PDEA, and other concerned agencies; and

c.2 The
Five million pesos (P5,000,000.00) monthly share of the Board from the
fifty percent (50%) statutory share of the National Government from the
PAGCOR income shall be used exclusively for the establishment and
maintenance of new drug treatment and rehabilitation centers in the
country, as well as the operation and maintenance of existing ones.

SECTION 88. Management of Funds Under the Act: Annual Report by the Board and the PDEA. —

a. Fund
Management. — The Board and the PDEA shall manage their respective
funds, whether appropriated by Congress or coming from other sources, as
each may deem proper for the attainment of the objectives of the Act,
and respectively account for the same, subject to the observance of the
terms and conditions set in the annual general appropriations act and
pertinent budgeting, accounting and auditing rules and regulations.

b. Annual
Report. — In addition to the periodic reports prescribed elsewhere in
this IRR, the Chairperson of the Board shall submit to the President of
the Philippines and to the presiding officers of the two chambers 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 the dangerous
drugs, expenses incurred in pursuit of the mandate set under the Act,
recommended remedial legislation, if needed, and such other relevant
facts as it may deem proper to cite.

SECTION 89. Auditing the Accounts and Expenses of the Board and the PDEA. — All accounts and expenses of the Board and the PDEA shall be audited by the COA or its duly authorized representative.

ARTICLE XI
Jurisdiction Over Dangerous Drugs Cases

SECTION 90. Jurisdiction.
— The Supreme Court shall designate special courts from among the
existing Regional Trial Courts in each judicial region to exclusively
try and hear cases involving violations of the Act. 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, through its
provincial/city prosecution offices, shall designate special prosecutors
to exclusively handle cases involving violations of the Act.

The preliminary investigation
of cases filed under the 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.

However, when the prosecutor
disagrees with the finding of the Municipal Trial Court and he/she finds
the need to conduct a formal reinvestigation of the case to clarify
issues, or to afford either party the opportunity to be heard to avoid
miscarriage of justice, the prosecutor has to terminate the
reinvestigation within fifteen (15) days from receipt of the records,
and if probable cause exists, to file the corresponding information in
court within forty-eight (48) hours from termination of the
reinvestigation.

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 tendered within a period of fifteen (15) days
from the date of submission of the case for resolution.

SECTION 91. Responsibility
and Liability of Law Enforcement Agencies and other Government
Officials and Employees in Testifying as Prosecution Witnesses in
Dangerous Drugs Cases.
— Any member of law enforcement agencies or any other government
official and employee who, after due notice, fails or refuses
intentionally or negligently, to appear as a witness for the prosecution
in any proceeding, involving violations of the Act, without any valid
reason, shall be punished with imprisonment of not less than twelve (12)
years and one (1) day to twenty (20) years and a fine of not less than
Five hundred thousand pesos (P500,000.00), in addition to the
administrative liability he/she may be meted out by his/her immediate
superior and/or appropriate body.

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
(P10,000.00) but not more than Fifty thousand pesos (P50,000.00) and in
addition, perpetual absolute disqualification from public office if
despite the due notice to them and to the witness concerned, the former
does not exert reasonable effort to present the latter to the court.

The member of the law
enforcement agency or any other government employee mentioned in the
preceding paragraphs shall not be transferred or re-assign to any other
government office located in another territorial jurisdiction during the
pendency of the case in court. However,
the concerned member of the law enforcement agency or government
employee may be transferred or re-assign for compelling reasons. Provided,
that his/her immediate superior shall notify the court in writing where
the case is pending of the order to transfer or re-assign, within
twenty-four (24) hours from its approval, Provided, further, that
his/her immediate superior shall 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 (10,000.00) but not more
than fifty thousand pesos (P50,000.00) and in addition, perpetual
absolute disqualification from public office, should he/she fail to
notify the court in writing of such order to transfer of re-assign.

Prosecution and punishment under this Section shall be without prejudice to an liability for violation of any existing law.

SECTION 92. Delay and Bungling in the Prosecution of Drug Cases.
— Any government officer or employee tasked with the prosecution of
drug-related cases under the Act, either as prosecutor, prosecution
witness, or as law enforcement agent, who, through patent laxity,
inexcusable neglect, unreasonable delay or deliberately causes the
unsuccessful prosecution and/or dismissal of the said drug cases, shall
suffer the penalty of imprisonment ranging from twelve (12) years and
one (1) day to twenty (20) years without prejudice to his/her
prosecution under the pertinent provisions of the Revised Penal Code.

SECTION 93. Reclassification, Addition or Removal of Any Drug from the List of Dangerous Drugs. — The Board shall have the power to reclassify; add to or remove from the list of dangerous drugs. 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:

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 the Act.

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:

a.      In
case a dangerous drug is reclassified as precursor and essential
chemical, the penalties for the violations of the Act pertaining to
precursors and essential chemicals shall, in case of conviction, be
imposed in all pending criminal prosecutions;

b.      In
case a precursor and essential chemical is reclassified as dangerous
drug, the penalties for violations of the Act involving precursors and
essential chemicals shall, in case of conviction, be imposed in all
pending criminal prosecutions;

c.       In
case of the addition of a new drug to the list of dangerous drugs and
precursors and essential chemicals, no criminal liability involving the
same under the Act shall arise until after the lapse of fifteen (15)
days from the last publication of such notice;

d.      In
case of removal of a drug from the list of dangerous drugs and
precursors and essential chemicals, all persons convicted and/or
detained for the use and/or possession of such a drug shall be
automatically released and all pending criminal prosecution involving
such a drug under the Act shall forthwith be dismissed; and

e.      The
Board shall, within five (5) days from the date of its promulgation,
submit to Congress a detailed reclassification, addition, or removal of
any drug from the list of dangerous drugs.

ARTICLE XII
Final Provisions

SECTION 94. Congressional Oversight Committee on Dangerous Drugs (COCDD).
— The COCDD created under Section 95 of the Act shall be composed of
seven (7) Members from the Senate and seven (7) Members from the House
of Representatives. 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 the proportional representation of the parties or
coalitions therein with at least two (2) Members representing the
Minority.

The COCDD shall beheaded by
the respective Chairpersons of the Senate Committee on Public Order and
Illegal Drugs and the House of Representatives Committee on Dangerous
Drugs.

SECTION 95. Powers and Functions of the COCDD. — The COCDD shall, in aid of legislation, perform the following functions, among others:

a. To set the guidelines and overall framework to monitor and ensure the proper implementation of the Act;

b. To
ensure transparency and require the submission of reports from
government agencies concerned on the conduct of programs, projects and
policies relating to the implementation of the Act;

c. To approve the budget for the programs of the COCDD and all disbursements therefrom, including compensation of all personnel;

d) To submit periodic reports to the President of the Philippines and Congress on the implementation of the provisions of the Act;

e. To determine inherent weaknesses in the law and recommend the necessary, remedial legislation or executive measures; and

f. To
perform such other duties, functions and responsibilities as may be
necessary to effectively attain the objectives of the Act.

SECTION 96. Adoption of Committee Rules and Regulations, and Funding.
— The COCDD shall adopt its internal rules of procedure, conduct
hearings and receive testimonies, reports, and technical advice, invite
or summon by subpoena ad testificandum any public official, private citizen, or any other person to testify before it or require any person by subpoena duces tecum documents or other materials as it may require consistent with the provisions of the Act.

The COCDD 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 COCDD, the initial sum of Twenty-five million pesos (P25,000,000.00) shall be charged against the current appropriations of the Senate. Thereafter, such amount necessary for its continued operations shall be included in the annual General Appropriations Act.

The COCDD shall exist for a period of ten (10) years from the effectivity of the Act and may be extended by a joint concurrent resolution.

SECTION 97. Limited Applicability of the Revised Penal Code.
— Notwithstanding any law, rule or regulation to the contrary, the
provisions of the Revised Penal Code (Act No. 3814), as amended, shall
not apply to the provisions of this IRR, except in the case of minor
offenders. Where the offender is a minor, the
penalty for acts punishable by life imprisonment to death provided
herein shall be reclusion perpetua to death.

SECTION 98. Separability Clause.
— If for any reason any section or provision of this IRR, or any
portion thereof, or the application of such Section, provision or
portion thereof to any person, group or circumstance is declared invalid
or unconstitutional, the remainder of this IRR shall not be affected by
such declaration and shall remain in force and effect.

SECTION 99. Repealing Clause.
— All memorandum circulars, resolutions, orders, and other issuances or
parts thereof which are inconsistent with the Act or with this IRR are
hereby repealed, amended or modified accordingly.

SECTION 100. Implementing Details.
— The Board shall issue such additional implementing rules and
regulations as may be necessary to further clarify any part of this IRR

SECTION 101. Effectivity Clause.
— This IRR shall take effect upon its publication in three (3)
newspapers of general circulation and upon registration with the Office
of the National Administrative Register at the University of the Philippines Law Center, UP Diliman, Quezon City.

Adopted: 30 Aug. 2002.

(SGD.) CORAZON JULIANO-SOLIMAN (Secretary of Social Welfare and Development) Ex-Officio Member	(SGD.) ANGELO T. REYES (Secretary of National Defense) Ex-Officio Member


(SGD.) RAMON C. BACANI (Officer-In-Charge, Department of Education) Ex-Officio Member	(SGD.) BERNARDO T. LASTIMOSO (Executive Director, Dangerous Drugs Board) Board Member


(SGD.) MANUEL M. DAYRIT (Secretary of Health) Active Vice-Chair	(SGD.) HERNANDO B. PEREZ (Secretary of Justice) Acting Chair

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