OCA CIRCULAR NO. 117-2005, November 15, 2005

Pursuant to Sections 66, 68 and 81 (b) of Republic Act No. 9165, “The Comprehensive Dangerous Drugs Act of 2002”, the Dangerous Drugs Board issued its Board Resolution No. 2, Series of 2005, RE: RULES ON THE SUSPENSION OF SENTENCE OF A FIRST-TIME MINOR DRUG OFFENDER,
providing for the rules and regulations to govern the suspension of the
sentence of a first-time minor drug offender as provided in Sections 66
to 71 of the said Act. Copy of which is hereto attached.

For your guidance and strict compliance.

__15__ November 2005.

DANGEROUS DRUGS BOARD
3^rd Floor DDB-PDEA Bldg., NIA Northside Road,
National Government Center, Bgy. Pinyahan, Quezon City
website-www.ddb-ph. com Telefax 929-1546, tel No. 929-6826/929-1753

BOARD REGULATION NO. 2
Series of 2005

Pursuant to Sections, 66, 68 and 81 (b) of Republic Act No. 9165,
“The Comprehensive Dangerous Drugs Act of 2002”, the following rules and
regulations are hereby issued to govern the suspension of the sentence
of a first-time minor drug offender as provided in Sections 66 to 71 of
the said Act:

Section 1. Definition of Terms. – As used herein, unless the context otherwise requires:

1. “Act” shall refer to Republic Act No. 9165, “The Comprehensive Dangerous Drugs Act of 2002”;
2. “Board” shall refer to the Dangerous Drugs Board created under Section 77 of the Act;
3. “Executive Director” shall refer to the Executive Director of the Board;
4. “DOH” shall refer to the Department of Health;
5. “DOJ” shall refer to the Department of Justice;
6. “DOH-accredited physician” shall refer to a physician with
   background experience on psychological/behavioral medicine who has been
   authorized by the DOH to conduct drug dependency examinations and to
   treat drug dependents;

7. “Drug dependent” shall refer to one who is found to suffer from drug dependence;
8. “Center” shall refer to a DOH-accredited institution, agency or
   similar establishment designated by the Executive Director that
   undertakes the treatment, after-care and follow-up treatment of a drug
   dependent;

9. “Possessor” shall refer to a person who is charged and found guilty by a court of violating Section 11 of the Act;
10. “User” shall refer to a person who is charged and found guilty by a court of violating Section 15 of the Act;
11. “Offender” shall refer to one who is over fifteen (15) years of
    age at the time he violated Section 11 or 15 of the Act but not more
    than eighteen (18) years of age at the time he is found guilty of said
    offense;

12. “Court” shall refer to the court that found the offender guilty of violating Section 11 or 15 of the Act;
13. “Application” shall refer to an application for the suspension
    of the execution of the sentence imposed by the court on an offender;
    and

14. “Applicant” shall refer to the offender, his parent or guardian.

Section 2. Who may apply- The offender, his parent, or guirdian, may file an application.

Section 3. Time of filing application. The
application may be filed at any time after the court finds the offender
guilty of the offense charged but before it promulgates the judgment of
conviction in his case.

Section 4. Form of application; supporting documents – An application shall be in writing, verified and shall be accompanied by the following:

1. certified true copy of the decision of the court;
2. original copy of the birth certificate of the offender;
3. two (2) 2″ x 2 “, colored photographs of the offender taken within thirty (30) days of the date of the application; and
4. the original copy of the clearance issued to the offender by the
   National Bureau of Investigation and by the clerk of court of the court
   that rendered the decision stating that the offender 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 law.

If the offenderi who is a user, the following shall be attached to the application:

1. the results of the drug confirmatory test of the offender; and

2. certificate/clearance from the DOH that the offender has not
   been previously confined in a rehabilitation and treatment center and if
   there is no such center, has been placed under the care of a
   DOH-accredited physician in the region or province where the offender
   resides.

An application filed by the parent or guardian of the offender
shall include the original or certified true copy of the birth
certificate of the offender or the appointment of his guardian, as the
case may be.

Section 5. Referral of application to Executive Director. – The Court shall refer the application to the Executive Director for investigation, comment and recommendation.

Section 6. Investigation. – Upon receipt
of the application, the Executive Director shall investigate the
offender to determine whether or not the ends of justice and the best
interest of the public, as well as that of the offender and his family,
will be served by the suspension of his sentence.

Section 7. Submission of Investigation Report. -The
Executive Director shall submit the report on the results of his
investigation to the court within thirty (30) days from receipt of the
application.

Pending the submission of the investigation report, the Executive
Director may petition the court to place the offender in the custody of
his parent or guardian, a probation officer, or other responsible
person.

Section 8. Contents of Investigation Report. -The investigation report shall contain, among others:

1. a narration of the circumstances surrounding the offense committed by the offender;

2. a statement as to whether or not a suspended sentence will benefit the offender;

3. a recommendation to either suspend the sentence and the conditions therefore, or to deny the application.

Section 9. Drug Dependency Examination. –
The Executive Director shall refer the applicant who is a possessor to a
DOH-accredited physician for the conduct of a drug dependency
examination. The result of the examination shall be attached to the
investigation report.

Section 10. Court Action. – On
the bas.s of the investigation report the court may issue an order
denying the application or suspending all further proceedings. in the
latter case, the court may –

1. place the possessor who is not a drug dependent under the
   supervision and rehabilitative surveillance of the Executive Director
   under such conditions that the court may impose for a period ranging
   from six (6) months to eighteen (18) months; or

2. commit the user and the possessor who is a drug dependent to a
   center or to the care of a DOH-accredited physician for at least six (6)
   months, with after­care and follow-up program for not more than
   eighteen (18) months.

The court shall furnish the Executive Director with a copy of its order.

If the user or possessor is under fifteen (15) years of age at the
time of the commission of the offense, Article 192 of Presidential
Decree No. 603, “The Child and Youth Welfare Code,” shall apply without
prejudice to the application of these Rules.

Section 11. Privilege of suspended sentence. – A user may only enjoy the privilege of a suspended sentence once.

Section 12. Record to he kept by the DOJ. –
The DOJ shall keep a confidential record of the proceedings on the
suspension of sentence of an offender, including all the papers and
documents presented therein. The record shall not be used for any
purpose other than to determine whether or not the person accused under
the Act is a first-time minor offender.

However, the record of an offender who was not rehabilitated, or
who escaped from a treatment and rehabilitation center, or who otherwise
violated the conditions for the suspension of his sentence, shall be
forwarded by the DOJ to the court and its use shall be determined by the
court, taking into consideration public interest and the welfare of the
offender.

Section 13. Misconduct of offender. –
The head of the Center, or the DOH- accredited physician or other person
who has supervision of the offender shall submit a written report to
the Executive Director of any act or omission on the part of the
offender that violates the terms and conditions specified in the order
suspending his sentence.

Section 14. Explanation of offender. -The Executive Director shall require the offender to submit a written explanation for the reported misconduct.

Section 15 Return of offender to court. – If
the explanation of the offender is not satisfactory, the Executive
Director shall petition the court to lift the order of suspension and to
order the offender to serve his sentence as any other convicted person.

Section 16 Final Report. – At least
thirty (30) days before the expiration of the period of supervision and
rehabilitative surveillance, commitment, or care of the offender, the
head of the Center, of the DOH-accredited physician or other person who
has supervision of the offender shall submit a final report to the
Executive Director that shall indicate, among others:

1. the response of the offender to the program of supervision/surveillance, commitment or care;
2. a recommendation as to whether or not the offender may be discharged from supervision; and
3. such other information as the Executive Director may require.

Section 17 Sutomission of Final Report to the Court. – The
Executive Director shall submit the final report to the Court within
ten (10) days from receipt thereof together with his comments and
recommendation thereon, if any.

Section 18. Court action. – In line with the final report, the Court may either –

1. order the final discharge of the offender; or
2. promulgate the judgment of conviction of the user or a possessor who is a drug dependent who was not rehabilitated; and

i. commit the offender to prison for the service of his sentence or

ii. in lieu of imprisonment-

1. place the offender under probation even if the sentence
   imposed is higher than that provided under Presidential Decree No. 968,
   as amended, or similar laws; or

2. impose community service in the case of a user.

Section 19. Community service of offender. – The
court, in its discretion and upon the recommendation of the Executive
Director, shall fix the conditions, time and place of the community
service to be performed by the user. Said offender shall be under the
supervision and rehabilitative surveillance of the Executive Director.

The Executive Director shall submit a report to the court on the community service performed by the offender.

Section 20. Credit of service of sentence. – In
case the court promulgates the sentence of the offender that requires
imprisonment, the period spent in a Center by the offender under an
order of suspension of sentence shall be deducted from the sentence to
be served.

Section 21. Final discharge – If
the offender whose sentence is suspended is finally discharged , the
Court shall issue an order to expunge all official records in his
criminal case other than the record of the proceedings to suspend
sentence that the DOJ shall retain.

Section 22. Effects of final discharge. -The
final discharge shall restore the offender to his status prior to the
criminal case filed against him. He shall not be held thereafter to be
guilty of perjury or of concealment or misrepresentation by reason of
his failure to acknowledge the case or to recite any fact related
thereto in response to any inquiry made of him for any purpose.

Section 23. Liability of a Person Who Violates the Confidentiality of Records
– 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, having official custody of or access to the confidential
records of an offender under these Rules 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 prossession
offenses under the Act and its implementation. The maximum penalty
shairbe imposed, in addition to absolute perpetual disqualification from
any public office, whenever the violator is a government official or
employee. Should the records be used for an unlawful purpose 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 may be convicted of.

Section 24. Liability of a Parent, Spouse or Guardian Who Refuses to Cooperate with the Executive Director or any Concerned Agency.
– Any parent spouse or guardian who, without valid reason, refuses to
cooperate with the Executive Director or any concerned agency in the
treatment and rehabilitation of an offender, or in any manner, prevents
or delays the after-care, follow-up or other programs for the welfare of
the offender may be cited for contempt by the court.

Section 25. Separability Clause. – If
any section or portion of these Rules shall be found invalid or
unenforceable, that finding shall not serve as an invalidation of, or
affect the validity or enforceability of any other section or provision
of these Rules.

Section 26. Effectivity. – This
Rules shall take effect fifteen (15) days after its publication in two
(2) newspapers of general circulation and after registration with the
Office of the National Administrative Register (ONAR), UP Law Center ,
Quezon City .

APPROVED and ADOPTED this __19__ day of July in the year of our Lord, 2005 at the DDB Conference Room, DDB-PDEA Building, Quezon City.