~jousi WF REPRESENTATIVES

RECEIVED
31 AUG 2016

DATE:
sive__[LOPM
BY:

REGISTRATION UNIT
BILLS AND INCE X SERVICE

Repubiic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

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HOUSE BILL No, 38403

Introduced by REP. RODEL M. BATOCABE, REP. ALFREDO A. GARBIN, Jr., and
REP. CHRISTOPHER S. CO

AN ACT PROVIDING FOR THE LEGAL PROCEDURE IN THE DISPOSITION AND
REHABILITATION OF DRUG DEPENDENTS AND/OR DRUG PUSHERS OR
DEALERS WHO VOLUNTARILY SURRENDER, AMENDING FOR THE PURPOSE
RA 9165, AS AMENDED

EXPLANATORY NOTE

The Philippine government, under the stewardship of President Rodrigo Roa
Duterte, is gaining traction in its war against illegal drugs. A strong proactive stance
against the illegal drug trade is being undertaken; and, while the final outcome of this war
is yet to be determined, there is a need to address the other aspects of the issue of illegal
drugs.

The news is abounding with reports that hundreds of thousands of Filipinos have
voluntarily surrendered to the authorities, confessing that they are either pushers or users
of illegal substances. The authorities on the other hand did not anticipate such influx of
surrenderees, as this phenomenon is unprecedented in the history of the Philippines.

Unfortunately, there is currently no legislation that addresses this situation.
Republic Act 9165, or the “Comprehensive Dangerous Drugs Act of 2002", as amended,
failed to provide the answers. There being an uncertainty on the course of action to be
taken, the authorities merely register or list down the names of the surrenderees, and
release these self-confessed drug addicts and pushers back to the general public.

The proposed piece of legislation seeks to rectify this vacuum in the law and
provide clear guidelines for the disposition of these surrenderees. Undersigned legislators
propose that the surrenderees, after a positive determination of their drug dependence,
shall be required to undergo mandatory treatment and rehabilitation.

The mandatory treatment for confirmed drug dependents, not otherwise falling into
other provisions of the Comprehensive Dangerous Drugs Act of 2002, is necessary since
drug dependency is a psychological disorder, which needs to be corrected; otherwise, the
citizens who took the first step towards reformation may return to their old ways. As
defined by the law, drug dependence 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.”


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Ip-view of the foregoing, the approval of this bill is earnestly Sought.
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RQDEL M. BATOCABE ;ARBIN, Jr. CHRISYOPHER S. CO
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Republic of the Philippines
HOUSE OF THE REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS,
First Regular Session

HOUSE BILL No. 3408

Introduced by HON. RODEL M. BATOCABE, HON. ALFREDO A, GARBIN, Jr. and
HON. CHRISTOPHER S. CO

AN ACT PROVIDING FOR THE LEGAL PROCEDURE IN THE DISPOSITION AND
REHABILITATION OF DRUG DEPENDENTS AND/OR DRUG PUSHERS OR
DEALERS WHO VOLUNTARILY SURRENDER, AMENDING FOR THE PURPOSE
RA 9165, AS AMENDED

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:

Section 1. Section 3 or RA 9165, as amended by RA 10640, is hereby amended to read
as follows:

A) xx
XXX

LL) SURRENDEREE — ANY PERSON WHO, CLAIMING THAT HE OR SHE IS A
DRUG DEPENDENT AND/OR DRUG DEALER OR PUSHER, SURRENDERS TO
ANY OFFICER/S OR MEMBER/S OF EITHER THE PHILIPPINE DRUG
ENFORCEMENT AGENCY (PDEA), NATIONAL BUREAU OF INVESTIGATION
(NBI), OR PHILIPPINE NATIONAL POLICE (PNP).

Section 1. There is hereby inserted a new sub-section 54-A, under Section 54, which
shall read as follows:

Section 54. xxx

SUB-SECTION 54-A. VOLUNTARY SURRENDER OF A DRUG
DEPENDENT — A SURRENDEREE, WHO ADMITS TO BE A DRUG
DEPENDENT BUT NOT A DRUG PUSHER OR DEALER, SHALL BE
ENDORSED BY SUCH PDEA/NBI/PNP OFFICER/S OR MEMBER/S TO
A DOH-ACCREDITED PHYSICIAN FOR EXAMINATION. SHOULD THE
PHYSICIAN FIND THE NEED FOR REHABILITATION, THE
SURRENDEREE SHALL VOLUNTARILY SUBMIT FOR CONFINEMENT
AND REHABILITATION IN THE NEAREST CENTER: 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 THE COMMUNITY. PROVIDED FURTHER, THAT SHOULD
THE SURRENDEREE REFUSE TO SUBMIT TO CONFINEMENT AND


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REHABILITATION, HE/SHE WILL BE CHARGED ACCORDINGLY
PURSUANT TO SECTION 5.

Section 1. There is hereby inserted a new sub-section 54-B, under Section
54, which shall read as follows:

Section 54, xxx
xx

SUB-SECTION 54-B, VOLUNTARY SURRENDER OF A DRUG
PUSHER/DEALER — A SURRENDEREE, WHO ADMITS TO ANY OF THE
ACTS PUNISHABLE UNDER SECTION 5 OF THIS ACT, SHALL BE
IMMEDIATELY REFERRED BY THE OFFICER/S OR MEMBER/S OF
THE PDEA/NBI/PNP, WITHIN 24 HOURS, TO THE APPROPRIATE
PROSECUTOR. THE PROSECUTOR WILL AUTOMATICALLY CHARGE
THE SAID SURRENDEREE BEFORE THE COURT. THE COURT WILL
SCHEDULE THE ARRAIGNMENT OF THE SURRENDEREE WITHIN 48
HOURS FROM FILING OF INFORMATION. UPON ARRAIGNMENT, THE
COURT WILL RENDER JUDGMENT ON THE SAME DAY. PROVIDED,
THAT THE COURT SHOULD AUTOMATICALLY SUSPEND THE
SENTENCE AND COMMIT THE SURRENDEREE TO A DOH-
ACCREDITED PHYSICIAN FOR EXAMINATION. IF THE EXAMINATION
BY A DOH-ACCREDITED PHYSICIAN RESULTS IN THE ISSUANCE OF
A CERTIFICATION THAT THE SURRENDEREE IS ALSO A DRUG
DEPENDENT, HE/SHE SHALL BE ORDERED TO UNDERGO
TREATMENT AND REHABILITATION IN THE NEAREST CENTER FOR
A PERIOD OF NOT LESS THAN SIX (6) MONTHS: PROVIDED
FURTHER, THAT SAID 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 THE COMMUNITY.

A DRUG DEALER SURRENDEREE WHO, UPON EXAMINATION,
1S FOUND NOT TO BE A DRUG DEPENDENT, SHALL BE RELEASED
AND PLACED UNDER A WATCHLIST. INCLUSION IN THE WATCHLIST
WILL BE AN AGGRAVATING CIRCUMSTANCE SHOULD THE
SURRENDEREE BE SUBSEQUENTLY ARRESTED OR APPREHENDED
IN VIOLATION OF SECTION 5 AND/OR 15 OF THIS ACT.

Section 4. Implementing Rules and Regulations. The Philippine Drug Enforcement
‘Agency (PDEA) and the Dangerous Drugs Board, in consultation with the Department of
Justice (DOJ), Department of Health (DOH), National Bureau of Investigation (NBI) and
the Philippine National Police, shall issue the necessary Implementing Rules and
Regulations.

Section 5. Provisions affected by these amendments shall be renumbered accordingly.

Section 6. Separability Clause. If any provision or part hereof is declared invalid or
unconstitutional, the remainder of this Act or provision not affected shall remain in full
force and effect

Section 7. Repealing Clause. All laws, Presidential Decrees, Executive Orders, rules
and regulations or parts thereof inconsistent with the provisions of this Act are hereby
repealed, amended or modified accordingly.


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Section 8. Effectivity Clause. This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in at least two (2) newspapers of general circulation,
whichever comes earlier.

Approved,