GUIDELINES FOR THE REHABILITATION OF FIRST TIME OFFENDERS UNDER SECTION 15 OF RA 9165 WHO ARE NOT DRUG DEPENDENTS

WHEREAS, it is a declared 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;

WHEREAS, under RA 9165, the Dangerous Drugs Board
is the policy-making and strategy-formulating body in the planning and
formulation of policies and programs on drug prevention and control and
is empowered, among others, to promulgate such rules and regulations as
may be necessary to carry out the purposes of the said Act;

WHEREAS, the Dangerous Drugs
Board is likewise empowered to 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 aftercare and community service program for
recovering drug dependents;

WHEREAS, under Section 76 of the Act, the
Department of Health (DOH) is tasked to oversee and monitor the
integration, coordination and supervision of all drug rehabilitation
centers, interventions, aftercare, and follow-up programs, projects and
activities;

NOW THEREFORE, be it RESOLVED, as it is hereby RESOLVED,
to provide the following guidelines on the rehabilitation of first time
offenders under Section 15 of RA 9165 who are determined to be not
drug dependents after a drug dependency examination.

SECTION 1. Scope – This Regulation covers all government drug treatment and rehabilitation centers.

SECTION 2. Definition of Terms

a) Center – any government drug treatment and rehabilitation center;

b) Board – refers to the Dangerous Drugs Board;

c) Court – refers to the Regional Trial Court of the Province/City;

d) Drug Offender – a person convicted under Section 15 of RA 9165
and sentenced to be rehabilitated in a government center for a period
of not less than six (6) months;

e) Community service – is a free public labor or work with
therapeutic purpose as a sanction for an offense committed, performed
by an offender for the benefit of the community designed as an
after-care intervention program for the rehabilitation of a drug offender;

f) Drug Dependence – refers to a state of psychic and/or physical
dependence on drugs arising in a person following administration or use
of the drug on a periodic and continuous basis;

g) Drug Dependency Examination – a procedure conducted by a
DOH-Accredited Physician to evaluate the extent of drug abuse of a
person and to determine whether he/ she is a drug dependent or not,
which includes history taking, intake interview, determination of the
criteria for drug dependency, mental and physical status and the
detection of dangerous drugs in body specimens through laboratory
procedures;

h) Rehabilitation – is a dynamic process directed towards
physical, emotional/ psychological, vocational, social and spiritual
change to prepare a person for the fullest life compatible with his
capabilities and potentials and render him able to become a law abiding
and productive member of the community without abusing drugs;

SECTION 3. Rehabilitation Programs for Non-Drug Dependent Drug Offenders –

A. Upon the determination that a drug o f fender is not a drug
dependent, after a drug dependency examination, and he/she does not pose
a serious danger to himself/herself, his/her family or community, the
center shall formulate the appropriate rehabilitation program for the
drug offender, which does not require confinement, and shall include,
but not limited to, any or a combination of the following therapeutic
activities:

1) Individual therapy – involves a one to one relationship between the counselor and the patient with the primary aim of
helping the client to get rid or reduce his drug abusing behavior so
that they may be able to get involved in productive work and develop
insights into his conditions;

– also integrates coping skills-training techniques with
abstinence-based addiction counseling. The primary goals of treatment
are to enhance and sustain patient motivation for change, establish and
maintain abstinence from all psychoactive drugs, and foster development of (non-chemical) coping and problem solving skills to
thwart and ultimately eliminate impulses to “self-medicate” with
psychoactive drugs. The approach combines cognitive-behavioral,
motivational, and insight oriented techniques according to each client’s individual needs. The therapeutic style is emphatic, client centered,
and flexible. Strong emphasis is placed on developing a good working
alliance with the client to prevent premature dropout and as a vehicle
for promoting therapeutic change.

2) Group therapy – a form of therapy where the individual is
helped through group process. Each member of the group receives
immediate feedback from the other members regarding his verbal and other
forms of behavior. Group support and encouragement are given to the
subject on the premise that these are effective devices, which can
produce positive results toward behavioral modification;

3) Family therapy – a form of intervention based on the
recognition that the family, as a primary social unit, can be source of
problem leading to drug use. Family therapy may include restructuring
of the family, environmental manipulation, strengthening of family
communication and discovery of family members to help facilitate the
rehabilitation of the drug dependent;

4) Community service – the participation of patients in
community projects can help them integrate into the local society and
can also promote community understanding of their needs and recognize of
their remaining potential and acceptance. Projects include among
others, the following:

a. Crime and Drug Abuses Prevention Projects;
b. Citizenship and Civic Participation;
c. Economic and Social Development;
d. Health and Sanitation;
e. Public Construction Work;
f. Mentoring and Intergenerational Services;
g. Ecology and Environment Projects;
h. Socio-civic religious projects
i. Energy conservation initiatives;
j. Agriculture and livestock management

5) Sheltered Workshops and Livelihood Trainings – provides
training for skills development and employment with appropriate
compensation in a controlled environment to increase self-esteem and
chances for outside work placement.

B. A drug offender 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.

C. The drug offender shall perform the following acts:

1) He/She must report three (3) times a week to the Center as
an out-patient or thru the trained program givers, or DOH-Accredited
Physician, as the case may be;

2) He/She shall comply with the rules and regulations of the Center and the applicable regulations of the Board; and

3) He/She shall submit himself/herself to his/her rehabilitation program formulated by the Center or DOH-Accredited Physician.

D. The Center shall perform the following:

1) The Center or the DOH-Accredited Physician shall apprise the
Court and the Board, at the end of the rehabilitation program, by the
Head of the Treatment and Rehabilitation Center of the status of the
drug offender and determine whether further rehabilitation will be for
the welfare of the drug offender and his/her family or the community;
2) The Center shall every two (2) months submit a report to the Board of the status of the drug offender.

SECTION 4. Funding – The
amount of TWO MILLION FIVE HUNDRED THOUSAND PESOS (Php 2,500,000.00) is
hereby allocated in the Special Fund of the Board for the implementation
of this Regulation.

SECTION 5. Separability Clause – If any part, section or
provision of this Regulation is held invalid or unconstitutional, the
other parts, sections or provisions not affected thereby shall continue
in operation.

SECTION 6. Effectivity –
This Regulation shall take effect after fifteen (15) days after its
publication in two (2) newspapers of general circulation and after its
registration with the Office of the National Administrative Register
(ONAR), UP Law Center, Quezon City.

Adopted: 26 March 2009

(SGD.) SECRETARY VICENTE C. SOTTO III
Chairman, Dangerous Drugs Board

ATTESTED BY:

(SGD.) UNDERSECRETARY EDGAR C. GALVANTE
Secretary of the Board