PROCEDURES TO GOVERN ADMINISTRATIVE INVESTIGATIONS; DEPUTATION OF OFFICERS WHO SHALL UNDERTAKE SUCH ADMINISTRATIVE INVESTIGATIONS

Pursuant to the powers vested in it by Section 36(a) of R.A. No.
6425, as amended, the DDB hereby prescribes the following regulations
that shall govern the conduct of the administrative investigations of
drug establishments found violating the provisions of the said Act and
other persons who are found to have knowingly participated in, or
consented to, tolerated, or abetted the commission of such violation/s:

SECTION 1.       Purpose of the Administrative
Investigations — Except as otherwise provided in the Dangerous Drugs
Act, the administrative investigations herein provided shall be
conducted by the duly designated investigating officers mentioned in
Section 2 hereof, to determine whether or not a respondent drug
establishment is guilty of violating the provisions of R.A. No. 6425, as
amended for purposes of the penalties therein provided, and whether or
not a petition may be filed with the Professional Regulations Commission
for the revocation of the license to practice of the owner, co-owner,
lessee, or employee of the drug establishment or member, partner,
president, director or manager of a partnership, corporation,
association, or any juridical entity owning and/or controlling the drug
establishment for knowingly participating in, or consenting to,
tolerating, or abetting the commission of the said violations.

SECTION 2.       Officers Authorized to Conduct
Administrative Investigations — The following are hereby deputized as
investigating officers:

1.       For the National Capital Region

a.         The Chief Legal Officer of the Dangerous Drugs Board.

b.         Any legal officer or lawyer-employee of the National
Bureau of Investigation, Finance Ministry Intelligence Bureau and/or
the PC-INP based in the National Capital Region recommended by the heads
of said agencies shall be designated by the Board to conduct the
investigations.

2.       For the other Regions

a.         Any legal officer or lawyer-employee of the Regional
Offices of the National Bureau of Investigation and the PC-INP
recommended by the heads of said agencies may be designated by the Board
to conduct the investigations.

The above officers shall, for purposes only of the
administrative investigations, be under the administrative control and
supervision of the Board.

SECTION 3.       Procedure and Jurisdiction to Investigate

a.       When the violations are discovered by the officers of
the Board authorized under Section 1 of Board Regulation No. 1 s. 1980,
to conduct inspections of drug establishments. When, in the course of
their inspection of drug establishments, officers authorized to conduct
such inspection, discover that a drug establishment has violated any
provision/s of the Dangerous Drugs Act, as amended, said officers shall
immediately make a report thereof specifying and describing in detail
the act/s constituting said violation/s to the Chairman who shall
forward such report to the Chief Legal Officer directing the latter to
conduct the administrative investigation for the purposes mentioned in
Section 1 hereof.  Thereafter the Chief Legal Officer shall submit his
findings and recommendations to the Chairman of the Board.

b.       Violations discovered by law enforcement officers of
the NBI FMIB and/or the PC-INP — If the violation/s is/are discovered by
law enforcement officers/agents of the NBI, FMIB, and/or the PC-INP
said officers/agents shall make a report thereof to their respective
heads copy furnished the DDB.  The head of the agency to which the
discovering officers/agents belong shall recommend any of the legal
officers or lawyer-employees of said agency based in the region where
the violation/s occurred to the Board which shall designate said legal
officer/lawyer-employee to conduct the investigation.  The investigating
officer designated shall after the Investigation submit his findings
and recommendations to the Chairman of the Board.

If the Chief Legal Officer or the duly designated investigating
officer at any stage of the proceedings, believes that the evidence at
hand is sufficient to warrant the institution of criminal proceedings
against the respondent/s, he shall so recommend to the Chairman of the
Board, and the latter shall forward the records of the case to the
Ministry of Justice for the filing of the appropriate criminal case. 
This is without prejudice to the continuation of the administrative
proceedings already begun.

Should the violation/s be discovered in a joint operation of
the law enforcement agencies, the requesting agency or the agency which
initiated the operation shall have jurisdiction to investigate the case.

SECTION 4.       This Regulation shall take effect immediately.

Adopted: 22 Sept. 1982

(SGD.) J. C. AZURIN
Minister of Health
Chairman