SEVENTEENTH CONGRESS OF THE } 
REPUBLIC OF THE PHILIPPINES 
}
Second R eg u lar Session 
}
S E N A T E  
S.B. No. 1 6 2 8
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W - f p o U ' . f  ? ■ 
•• ■ct «! r .p
•17 DEC-5 PI :27
INTRODUCED BY SENATOR VICENTE C. SOTTO III
AN ACT
STREAMLINING THE PROCESS FOR THE ADMISSION OF DRUG
DEPENDENTS IN GOVERNMENT DRUG REHABILITATION 
FACILITIES, AMENDING FOR THE PURPOSE SECTION 3, 54, 77 AND 
81 OF REPUBLIC ACT NO. 9165, OTHERWISE KNOWN AS THE 
COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002
EXPLANATORY NOTE
In the Philippines, there is a stigma that a known user of 
prohibited drugs is deemed as a continuing nuisance to the society. 
According to the National Institute on Drug Abuse, like other chronic 
diseases, addiction can be managed successfully. Treatment enables 
people to counteract addiction’s powerful disruptive effects on the brain 
and behavior and to regain control of their lives.1
Under our Constitution, it is the policy of the State to protect and 
promote the right to health of the people and instill health consciousness 
among them.
1 https: / /www.drugabuse.gov/publications/principles-drug-addiction-treatment-research-based-guide-third- 
edition/frequently-asked-questions/how-effective-drug-addiction-treatment


Under our Constitution, it is the policy of the State to protect and 
promote the right to health of the people and instill health consciousness 
among them.
With 
the 
campaign 
against 
illegal 
drugs 
now 
in 
full 
implementation, thousands of users are voluntary subm itting themselves 
to reform and undergo drug rehabilitation treatm ent. However, one of the 
challenges faced by the surge of these drug users or dependents is the 
delay in the process of admission for treatm ent in government facilities.
Under Republic Act 9165 or the Comprehensive Dangerous Drugs 
Act of 2002, a voluntary patient to be admitted in a government 
treatm ent facility m ust secure a court order. The court shall hear the 
petition for confinement before the court granting such. This litigious 
proceeding is a tedious and long process, while the treatm ent being 
applied for can be completed within six (6) m onths the least.
To streamline this process, this bill aims to require that the 
petition for voluntary confinement be a non-litigious m atter before the 
Dangerous Drugs Board. The prompt disposition of petitions will 
facilitate the timely rehabilitation of the accused and their eventual 
reintegration to the society and the working force.
Hence, in the interest of justice, health and for the m utual benefit 
of the State and the drug dependents, the passage of this bill is earnestly 
sought.
ENTE C. SOTTO III


SEVENTEENTH CONGRESS OF THE } 
REPUBLIC OF THE PHILIPPINES 
}
Second R egular Session 
}
S E N A T E
S.B. No. 1628
. vfJf: t. o ; !■ .’ =  'rrt.irp
•17 DEC-5 PI ;27
Rrv.ri j L j  i,'
INTRODUCED BY SENATOR VICENTE C. SOTTO III
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AN ACT
STREAMLINING THE PROCESS FOR THE ADMISSION OF DRUG 
DEPENDENTS IN GOVERNMENT DRUG REHABILITATION 
FACILITIES, AMENDING FOR THE PURPOSE SECTION 3, 54, 77 AND 
81 OF REPUBLIC ACT NO. 9165, OTHERWISE KNOWN AS THE 
COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002
SECTION 1. Section 3 of Republic Act 9165 is hereby amended to add 
the following provisions:
Section 3. Definitions. As used in this Act, the folloiving terms shall mean:
DOH-ACCREDITED PHYSICIAN.- A PHYSICIAN WITH BACKGROUND 
AND EXPERIENCE ON PSYCHOLOGICAL/BEHAVIORAL MEDICINE 
WHOSE 
APPLICATION 
HAS 
BEEN 
APPROVED 
AND 
DULY 
AUTHORIZED BY THE DOH TO CONDUCT DRUG DEPENDENCY 
EXAMINATION AND TREATMENT ON PERSONS BELIEVED TO BE 
USING DANGEROUS DRUGS.
DRUG DEPENDENCY EXAMINATION.- A PROCEDURE CONDUCTED 
BY THE DOH-ACCREDITED PHYSICIAN TO EVALUATE THE EXTENT


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OF DRUG ABUSE OF A PERSON AND TO DETERMINE WHETHER OR 
NOT HE/SHE IS A DRUG DEPENDENT, WHICH INCLUDES HISTORY 
TAKING, INTAKE INTERVIEW, DETERMINATION OF THE CRITERIA 
FOR DRUG DEPENDENCY, MENTAL AND PHYSICAL STATUS, AND 
THE DETECTION OF DANGEROUS DRUGS IN THE BODY SPECIMENS 
THROUGH LABORATORY PROCEDURES.
REHABILITATIVE SURVEILLANCE.- INTENSIVE SUPERVISION AND 
MONITORING 
OF 
A 
CLIENT 
UNDERGOING 
OUTPATIENT 
TREATMENT, 
PROBATION, 
SUSPENDED 
SENTENCE 
AND/ 
OR 
AFTERCARE PROGRAMS TO DETERMINE HIS/HER COMPLIANCE 
OF A DRUG FREE STATE, HIS/HER SOCIAL RESPONSIBILITIES AND 
HIS/HER RETURN AS A PRODUCTIVE MEMBER OF THE SOCEITY.
SECTION 2. Section 54 of Republic Act 9165 is hereby amended to read 
as follows:
Section 54. Voluntary Submission of a Drug Dependent to Confinement, 
Treatment and Rehabilitation. -  A drug dependent, [or any person who 
violates Section 15 of this Act] may, by him self/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 treatm ent and rehabilitation of the drug dependency.] 
FILE A VERIFIED APPLICATION TO THE BOARD, OR ITS DULY 
AUTHORIZED REPRESENTATIVE, FOR VOLUNTARY CONFINEMENT 
FOR TREATMENT AND REHABILITATION.
UPON RECEIPT OF THE VERIFIED APPLICATION, THE BOARD OR 
ITS DULY AUTHORIZED REPRESENTATIVE SHALL ORDER THAT 
THE APPLICANT OR THE PERSON IN WHOSE BEHALF THE


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APPLICATION IS FILED, BE EXAMINED FOR DRUG DEPENDENCY BY 
TWO (2) DOH-ACCREDITED PHYSICIANS.
IF BOTH PHYSICIANS CONCLUDE THAT THE APPLICANT IS A DRUG 
DEPENDENT, THE BOARD SHALL ORDER HIS/HER IMMEDIATE 
CONFINEMENT AND TREATMENT UPON THE RECOMMENDATION 
OF THE PHYSICIANS. IF ONLY ONE FINDS HIM/HER TO BE A DRUG 
DEPENDENT, THE BOARD SHALL CONDUCT A HEARING AND 
CONSIDER ALL RELEVANT EVIDENCE, WHICH MAY BE OFFERED.
[Upon such application, the Board shall bring forth the m atter 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 treatm ent and 
rehabilitation in a Center designated by the Board] THE ORDER OF 
CONFINEMENT AND TREATMENT MAY BE IN A GOVERNMENT OR 
PRIVATE 
TREATMENT 
AND 
REHABILITATION 
CENTER 
DESIGNATED BY THE BOARD, AT THE OPTION OF THE APPLICANT. 
THE 
APPLICANT 
SHALL 
BEAR 
THE 
TREATMENT 
AND 
REHABILITATION COSTS IF HE/SHE OPTED TO BE TREATED IN A 
PRIVATE REHABILITATION INSTITUTION. SUCH CONFINEMENT 
SHALL BE 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 h is/h er family or the community.
Confinement in a Center for treatm ent and rehabilitation shall not 
exceed one (1) year, after which time [the Court, as well as] the Board,
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shall be apprised by the head of the treatm ent 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/h er 
family or the community.
SECTION 3. Section 77 of Republic Act 9165 is hereby amended to read 
as follows:
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 comprehensive, integrated, unified and balanced national 
drug abuse prevention and control strategy. It shall be under the Office 
of the President. THE BOARD SHALL HAVE A QUASI-JUDICIAL 
POWER TO DETERMINE THE DRUG DEPENDENCY OF A PERSON 
AND ISSUE A CONFINEMENT ORDER IN RELATION TO THE 
VOLUNTARY APPLICATION FOR REHABILITATION AND TREATMENT 
OF DRUG DEPENDENTS.
ANY PERSON AGGRIEVED BY AN ORDER OR DECISION OF THE 
BOARD, IN RELATION TO THE CONFINEMENT AND TREATMENT 
ORDER FOR DRUG DEPENDENTS, MAY APPEAL THE ORDER OR 
DECISION TO THE COURT OF APPEALS BY PETITION FOR REVIEW 
IN ACCORDANCE WITH THE PERTINENT PROVISIONS OF THE 
RULES OF COURT.
SECTION 4. Section 81 of Republic Act 9165 is hereby amended to read 
as follows:
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Section 81. Powers and Duties of the Board. -  The Board shall:


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(a) Formulate, develop and establish a comprehensive, integrated, 
unified and balanced national drug use prevention and control 
strategy;
(b) Promulgate such rules and regulations as may be necessary to 
carry out the purposes of this Act, including the m anner of 
safekeeping, 
disposition, 
burning 
or 
condemnation 
of any 
dangerous 
drug an d /or controlled 
precursor and 
essential 
chemical 
under 
its 
charge 
and 
custody, 
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 m easures;
(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 drugs and/or 
controlled precursor and essential chemical by providing among 
others, literature, films, displays or advertisem ents 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;


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(f) Conduct continuing sem inars for, and consultations with, and 
provide information m aterials 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 
ofTicers, 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, 
treatm ent and rehabilitation, both public and private, a national 
treatm ent and 
rehabilitation 
program 
for drug dependents 
including a standard aftercare 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 nongovernment 
organizations a drug abuse prevention program in the workplace 
that would include a provision for employee assistance programs 
for emotionally-stressed employees;
(j) 
Initiate and authorize closure proceedings against non- 
accredited an d /o r substandard rehabilitation centers based on 
verified reports of hum an rights violations, subhum an conditions.


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inadequate medical training and assistance and excessive fees for 
implementation by the PDEA;
(k) Prescribe and promulgate rules and regulations governing the 
establishm ent of such centers, networks and laboratories as 
deemed 
necessary 
after 
conducting 
a 
feasibility 
study 
in 
coordination with the DOH and other government agencies;
(l) Receive, gather, collect and evaluate all information on the 
importation, exportation, production, m anufacture, 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, instrum entality 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 precursors and essential chemicals such data or 
information as it may need to implement this Act;
(m) Gather and prepare detailed statistics on the importation, 
exportation, m anufacture, stocks, seizures of and estim ates need 
for any dangerous drug and/or controlled precursors and essential 
chemicals and such other statistical data on said drugs as may be 
periodically required by the United Nations Naircotics Drug 
Commission, 
the 
World 
Health 
Organization 
and 
other 
international organizations in consonance with the country's 
international commitments;
(n) Develop and m aintain 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;


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(o) Require all government and private hospitals, clinics, doctors, 
dentists and other practitioners to subm it a report to it, 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 tru st legacies, gifts and donations of real and 
personal properties of all kinds, to adm inister and dispose 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 treatm ent, 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, m anufacture, 
compounding, prescription, dispensing and sale of, and other 
lawful acts in connection with any dangerous drug, controlled 
precursors and essential chemicals 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 an d /o r quality of dangerous drugs and controlled 
precursors and essential chemicals to be imported, m anufactured 
and held in stock at any given time by authorized importer, 
m anufacturer or distributor of such drugs;


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(s) Develop the utilization of a controlled delivery scheme in 
addressing the transshipm ent of dangerous drugs into and out of 
the country to neutralize transnational crime syndicates involved 
in illegal trafficking of any dangerous drugs and/or controlled 
precursors and essential chemicals;
(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 establishm ent, or m anager of a partnership, corporation, 
association, or any juridical entity owning and/or controlling such 
drug establishm ent, 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;
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(u) Appoint such technical, administrative and other personnel as 
may be necessary for the effective implementation of this 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; and
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(w) 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


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President him self/herself or as recommended by the congressional 
committees concerned.
(X) ORDER EXAMINATION FOR DRUG DEPENDENCY UPON 
RECEIPT 
OF 
VERIFIED 
APPLICATION 
FOR VOLUNTARY 
CONFINEMENT AND TREATMENT OF DRUG DEPENDENTS, 
HEAR AND DECIDE IN CASES WHERE ONLY ONE DOH- 
ACCREDITED PHYSICIAN CONFIRMS DRUG DEPENDENCY AND 
ISSUE AN 
ORDER OF CONFINEMENT AND TREATMENT 
THEREOF.
(Y) ESTABLISH AND MAINTAIN FIELD OFFICES IT MAY DEEM 
NECESSARY FOR THE EFFECTIVE IMPLEMENTATION OF THE 
NATIONAL DRUG PREVENTION AND CONTROL STRATEGY.
SECTION 5. R epealing Clause.- All laws, decrees, executive orders, 
issuances or regulations inconsistent with the provisions of this Act shall 
hereby revised or amend accordingly.
SECTION 6. S ep arab ility  Clause.- If any part of this Act is declared 
unconstitutional or invalid such parts or provisions thereof not so 
declared shall remain valid and subsisting.
SECTION 7. E ffectim ty Clause.- This Act shall take effect fifteen (15) 
days after its publication in at least two (2) newspaper of general 
circulation.
Approved.
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