SIXTEENTH CONGRESS 01" THli: 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
) 
) 
I 
SENATE 
SENATE BILL NO. B a 8 
'1] 
JUL 17 ;\)' :Ofj 
INTRODUCED BY SENATOR JOSEPH VICTOR G, EJERCITO 
.. --------.... ---_._----_._-
EXPLANATORY NOTE 
Republic Act No. 9165, otherwise known as the Comprehensive 
Dangerous Drugs Act of 20Q2, provides that: 
"The State needs to enhance furiller tile efficacy of Ihe law against 
dangerous drugs, it being one of today's more serious social ills. Towards 
this end, the government shall pursue an intensive and unrelenting 
campaign against the trafficking and use of dangerous drugs and other 
similar substances. The government shal/ howe~'er aim to achieve a 
balance in the national drug control program so that people with 
legitimate medical needs are not prevented from being treated wilh 
adequate amounts of appropriate medications, which include the use of 
dangerous drugs". 
It has been almost eleven (11) years since the enactment of Republic Act 
No. 9165. However, PDEA is still beset with concerns such as limited personnel 
and lack of facilities. For instance, PDEA is able to establish only one Forensic 
Laboratory in its Headquarters in Quezon City, although the law requires it to 
establish one forensic laboratory in each provincial PNP olfice. Likewise, there is 
still no established permanent location for the PDEA Academy. 
This bill seeks to introduce amendments to Sections 3(h), 30), 3(r), 4, 8, 
11, 20, 21, 22, 26, 30, 33, 78, 79, 80, 82, 84(m). 84(0), 8~i, 86, 87, 93, 101, and 
ARTICLE VIII including Sections 54, 55, 56, 57, 58, 59, (iO, 61, 62, 63, 64, 72, 
73, 74, 75, and 76 as well as to introduce additional Sections 3(11), 3(mm), 
3(nn), 3(00), 3(pp), and 3(qq), ii-A, 12-A, and 84(s) to address the said specific 
concerns. 
In view of the foregoing, early passage of this bill is earnestly requested. 
JOSEPH VICTOH G, EJERCITO 


SIXTEENTH CQ.NGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
Pi1'st Regular Session 
SENATE 
SENATE BILL NO.aaa 
'1J 
JIJL 11 
1\ 9 :11 B 
INTRODUCED BY SENATOR JOSEPH VICTOR G. EJERCITO 
AN ACT 
AMENDING CERTAIN PROVISIONS OF REPUBLIC ACT 9165 OTHERWiSE 
KNOWN AS THE COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002 
Be it enacted by tl1e Senate and the House of Representatives of the Philippines 
in Congress Assembled: 
SECTION 1. Section 3(h) of Republic Act No. 9165 is hereby amended to 
read as follows: 
"SEC. 3 (h). Controlled Precursors and Essential Chemicals. - Include 
those listed in Tables I and II of the 1988 UN Convention Against Illicit 
Traffic in Narcotic Drugs and Psychotropic Substances as enumerated in 
the attached annex. which is an integral part of this Act. IT ALSO 
INCLUDES CHEMICALS, WHICH ARE HEREINAFTER ADDED TO THE 
LIST 
OF 
CONTROLLED 
PRECURSORS, 
AND 
ESSENTIAL 
CHEMICALS PURSUANT TO SECTION 93 OF THIS ACT." 
SEC. 2. Section 3 (j) is hereby amended to read as follows: 
"SEC. 3 (j). Dangerous Drugs. - Include those ligted in the Sch(~dules 
annexed to the 1961 Single Convention on Narcotic Drugs, as amended 
by the 1972 Protocol, and in the Schedules annexed to the 1971 Single 
Convention on Psychotropic Substances as enuml3rated in the attached 
annex, which is an integral part of this Act. IT ALSO INCLUDES DHUGS, 
WHICH ARE HEREINAFTEH ADDED TO THE LIST OF DANGEHOUS 
DHUGS PURSUANT TO SECTION 93 OF THIS ACT." 
SEC. 3. Section 3 (r) is hereby amended to read as follows: 
"SEC. 3 (r). Illegal Trafficking. - The illegal cultivation, culture, delivery, 
administration, dispensation, manufacture, sale, trading, transportation, 
distribution, importation, exportation, Chemical DivE!rsion, and possession 
of any dangerous drug and/or controlled precursor i3nd essential chemical 
FOR THE PURPOSE OR WITH INTENTION OF ENGAGING IN, OR 
KNOWING THAT THEY ARE BEING OR ARE TO BE USED IN OR FOR 
ANY OF SUCH ACTIVITIES PREVIOUSLY ENUMERATED," 


SEC. 4. A new Section 3 (11) shall be inserted after Section 3 (I~k), whicl1 
shall read as follows: 
"SEC. 3 (LL). CHEMICAL DEPENDENCE. - A CONDITION OF MENTAL 
OR MENTAL AND PHYSICAL DEPENDENCE ON A CONTROLLED 
PRECURSORS 
AND 
ESSENTIAL 
CHEMICAL 
OR 
VOLATll,E 
SUBSTANCE WITH 
CENTRAL NERVOUS EFFECT, 
WHICH 
IS 
CHARACTERIZED BY THE PERIODIC OR CONSTANTLY REPEATED 
CONSUMPTION 
OF 
THIS 
SUBSTANCE 
AND 
WHOSE 
CHARACTERISTICS VARY DEPENDING UPON KIND OF THE TAKEN 
CONTROLLED PRECURSORS AND ESSENTIAL CHEMICAL." 
SEC. 5. A new Section 3 (mrn) shall be inserted after Section 3 (II), which 
shall read as follows: 
"SEC. 3 (MM). "DRUG". - MEANS: (1) ARTICLES HECOGNIZED IN THE 
OFFICIAL 
UNITED 
STATES 
PHARMACOPOEIA, 
OFFICIAL 
HOMEOPATHIC PHARMACOPOEIA OF THE UNITED STATES, OR 
OFFICIAL NATIONAL FORMULARY, OR ANY SUPPLEMENT TO ANY 
OF THEM; AND (2) ARTICLES INTENDED FOR USE IN THE 
DIAGNOSIS, CURE, MITIGATION, TREATMENT, OR PREVENTION OF 
DISEASE IN MAN OR OTHER ANIMALS; AND (3) ARTICLES (OTHER 
THAN FOOD) INTENDED TO AFFECT THE STRUCTURE OH ANY 
FUNCTION OF THE BODY OF MAN OR ANIMALS; AND (4) ARTICLES 
INTENDED FOR USE AS A COMPONENT OF ANY AHTICLES 
SPECIFIED IN CLAUSES (102)" OR (3), BUT NOT INCLUDE DEVICES 
OR THEIR COMPONENTS, PARTS, OH ACCESSORIES." 
SEC. 6. A new Section 3 (nn) shall be inserted after Section 3 (rnrn), 
which shall read as follows: 
"SEC. 3 (NN). "PROPERTY", - MEANS: (A) ANY PROPERTY, SITE, 
SURROUNDING A STRUCTURE; AND (B) INCLUDES SINGLE-FAMILY 
STRUCTURE, PART OF A STRUCTURE, OR THE GROUNDS, 
RESIDENCES, 
OUTBUILDINGS, 
GARAGES, 
UNITS 
OF 
MULTIPLEXES, 
CONDOMINIUMS, 
APARTMENT 
BUILDINGS, 
WAREHOUSES, 
HOTELS, 
MOTELS, 
BOATS, 
MOTOR 
VEHICLES, 
TRAILERS, 
MANUFACTURED HOUSING, SHOPS, OR BOOTHS" 
SEC. 7. A new Section 3 (00) shall be inserted after Section 3 (nn), which 
shall read as follows: 
"8EC.3 (00)". PROPERLY DISPOSED" MEANS TO DISCARD AT A 
LICENSED OR AUTHORIZED FACILITY IN ACCORDANCE WITH ALL 
APPLICABLE LAWS AND REGULATIONS, AND NOT REUSED OH 
SOLD." 
SEC. 8. A new Section 3 (pp) shall be inserted after Section 3 (00), which 
shall read as follows: 


"SEC. 3 (pr). "OWNER OF RECORD" MEANS (A) THE OWNER OF 
PROPERTY AS SHOWN ON THE RECORDS OF THE REGISTER OF 
DEEDS IN THE CITY OR PROVINCE WHEHE THE PROPERTY IS 
LOCATED; AND (B) MAY INCLUDE AN INDIVIDUAL, FINANCIAL 
INSTITUTION, COMPANY, COHPORATION, OH OTHER ENTITY. 
SEC. 9. A new Section 3 (qq) shall be inserted after Section 3 (pp), Wllicll 
shall read as follows: 
"SECTION 3 (QQ). "WASTE" MEANS REFUSE, G/\HBAGE, OH OTHEH 
DISCAHDED MATERIAL, EITHER SOLID OR LIQUID. 
SEC. 10. Section 4 is hereby amended to read as follows: 
"SEC. 4. Importation AND/OR EXPORTATION of Dangerous Drugs 
and/or Controlled Precursors and Essential Chemicals . .. The penalty of 
life imprisonment [to death] and a fine 
rangin~1 from Five hundred 
thousand pesos (P500, 000.00) to Ten million pe:sos shall be imposed 
upon any person, who, unless authorized by law, shall import or bring into 
OR EXPORT FROM the Philippines any dangerous drugs, regardless of 
the quantity and purity involved, including any or all species of opium 
poppy or any part thereof or substances derived therefrom even for floral, 
decorative and culinary purposes. 
The penalty of imprisonment ranging from twelve (12) years and 
one (1) day to twenty (20) years and a fine ranging from One hundred 
thousand pesos (P100,000.00) to Five hundred thousand pesos (1"500, 
000.00) shall be imposed upon any person, who, unless authorizod by 
law, shall import AND/OR EXPORT any controlled precursor and 
essential chemical. 
The maximum penalty provided for under this Section shall be 
imposed upon any person, who unless authorized under this Act, shall 
import or bring into OR EXPORT FHOM the Philippines any dangerous 
drug andlor controlled precursor and essential chemical through the use 
of a diplomatic passport, diplomatic facilities or any other means involving 
hislor her official status intended to facilitate the unlawful entry of the 
same. In addition, the diplomatic passport shall be confiscated and 
cancelled. " 
x - x -x" 
SEC. 11. Section 8 is hereby amended to read as follows: 
"SECTION 8. Manufacture of Dangerous Drugs and/or Controlled 
Precursors and Essential ChBmica/s. 
xxx 
THE OFFENDER OR LESSEH OF THE PROPEHTY OR OWNER 
OF RECORD SHALL BE HELD LIABLE TO PAY THE COST OF CLEAN 
UP OF THE CLANDESTINE LABOHATORY ON THE PROPERTY, 
UNLESS THE LESSOH OF THE PROPERTY OR OWNER OF RECORD 


CAN EACH PROVE LACK OF KNOWLEDGE OF SUCH CLANDESTINE 
MANUFACTURE. 
IN ANY SELLING OR HIRING OF PROPERTY, IT SHALL BE THE 
DUTY OF THE OWNER OF RECORD OR HIS AUTHORIZED 
REPRESENTATIVE TO DISCLOSE ACTUAL KNOWLEDGE OF PRIOR 
USE OF THE PROPERTY AS A CLANDESTINE LIl.BORATORY TO THE 
BUYER OR LESSEE. THE LESSEE SHALL DISCLOSE TO THE BUYER 
THAT THE PROPERTY BEING LEASED WILL NOT BE USED FOR 
ILLICIT MANUFACTURE OF DRUGS AND CHEMICALS IN VIOLATION 
OF THIS ACT." 
SEC. 12. Section 11 is hereby amended by inserling Section 11 (4) to 
read as follows: 
"SECTION 11. Possession of Dangerous Drugs. 
xxx. 
4) IMPRISONMENT OF SIX (6) YEARS AND ONE (1) DAY TO TWELVE 
(12) YEAF~S AND A FINE RANGING mOM FIFTY THOUSAND PESOS 
(P50, 000.00) TO TWO HUNDRED THOUSAND (P200,000.OO) IF THE 
QUANTITIES OF DANGEROUS DRUGS ARE LESS THAN TWO (2) 
GRAMS OF OPIUM, MORPHINE, HEROIN, COCAINE OR COCAINE 
HYDROCHLORIDE, MARIJUANA RESIN OR MARIJUANA RESIN OIL, 
METHAMPHETAMINE HYDROCHLORIDE OR "SHABU" OR OTHER 
DANGEROUS 
DRUGS 
SUCH 
AS 
BUT 
NOT 
LIMITED 
TO 
METHYLENEDOXYMETAMPHETAMINE 
(MDMA) 
OR 
"ECSTASY", 
PARAMETHOXYAMPHETAMINE (PMA), TRIMETHOXYAMPHETAMINE 
(TMA) , 
l.YSERGIC 
ACID 
DIETHYLAMINE 
(LSD), 
GAMM/\ 
HYDROXYBUTYRATE (GHB), AND THOSE SIMILARLY DESIGNED OR 
NEWLY INTRODUCED DRUGS AND THEIR DERIVATIVES, WITHOUT 
HAVING ANY THERAPEUTIC REQUIREMENTS, OR LESS THAN 
FIFTY (50) GRAMS OF MARI.JUANA." 
SEC. 13. A new Section sllall be inserted after Section 11, which shall 
read as follows: 
"SECTION ii-A. POSSESSION OF CONTROLLED PRECURSORS 
AND ESSENTIAL CHEMICALS. - THE PENALTY OF IMPRISONMENT 
RANGING FROM TWELVE (12) YEARS AND ONE (1) DAY TO 
TWENTY (20) YEARS AND FINE RANGING mOM ONE HUNDRED 
THOUSAND PESOS (P100, 000(0) TO FIVE HUNDRED THOUSAND 
PESOS (P500, 000.00) SHAl.L BE IMPOSED UPON ANY PERSON, 
WHO, UNLESS AUTHORIZED BY LAW, SHALL POSSESS WITH 
INTENT TO 
DELIVER OR HAVE UNDER HIS/HER CONTHOl. 
CONTROLLED 
PRECURSORS 
AND 
ESSENTIAL 
CHEMICALS, 
KNOWING, 
OR 
UNDER 
CIRCUMSTANCES 
WHERE 
ONE 
REASONABLY SHOULD KNOW THAT IT W!Il.L BE USED FOR 
ADMINISTRATION, 
MANUFACTURE, 
SALE, 
TRADING, 
TRANSPORTATION, 
DISTRIBUTION, 
EXPORTATION 
AND 
DIVERSION 


THE MAXIMUM PENALTY PROVIDED FOR UNDER THIS 
SECTION, 
SHALL 
BE 
IMPOSED 
UPON 
ANY 
PERSON 
WHO 
ORGANIZES, MANAGES OR ACTS AS "FINANCIER" OF THE ILLEGAL 
ACTIVITY PHESCRIBED IN THIS SECTION." 
SEC. 14. A new Section sllall be inserted after Section 12, which shall 
read as follows: 
"SECTION 12 .. A. POSSESSION OF LABO/"?ATORY EQUIPMENT, 
CONTROLLED PRECURSOR AND ESSENTIAL CHEMICALS. -
THE 
FOR TI-fE ILLICIT MANUFACTURE OF DANGEROUS Dr~(}GS AND 
PENALTY OF IMPRISONMENT RANGING FROM TWELVE (12) YEARS 
AND ONE (1) DAY TO TWENTY (20) YEARS J\ND FINE RANGING 
FROM ONE HUNDRED THOUSAND PESOS (PIOO, 000.00) TO FIVE 
HUNDRED THOUSAND PESOS (P500, 000.00) SHALL BE IMPOSED 
UPON ANY PERSON, WHO UNLESS AUTHORIZED BY LAW, SHALL 
POSSESS OR 
HAVE UNDER HIS/HER CONTROL ITEMS OF 
LABORATORY EQUIPMENT, SUCH AS, BUT NOT LIMITED TO, 
REACTION VESSEL, 
ENCAPSULATING MACHINES, 
TABLETING 
MACHINES, ROTARY EVAPORATORS, LABORATORY EQUIPMENT 
WITH A CAPACITY FOR LARGE VOLUME PRODUCTION (E.G., 
ROUND BOTTOM FLASKS OF 25 LlTRES OR ABOVE AND RELATED 
CONDENSERS, 
SEPARATING 
FUNNELS 
AND 
HEATING 
APPARATUS) KNOWING, OR UNDER CIRCUMSTANCES WHERE 
ONE REASONABLY SHOULD KNOW THAT IT WILL BE USED FOR 
ILLEGAL 
MANUFACTURE OF DANGEROUS DRUGS AND/OR CONTROLLED 
PRECURSORS AND ESSENTIAL CHEMICALS IN VIOLATION OF THIS 
ACT. THE DANGEROUS DRUGS BOARD, SHALL BY REGULATION, 
LIST SUCH INDISPENSABLE ITEMS OF EQUIPMENT PECULIAR TO 
SUCH ILLEGAL MANUFACTURE. 
THE 
UNAUTHORIZED 
POSSESSION 
OF 
SUCH 
INDISPENSABLE 
ITEMS 
OF 
EQUIPMENT, 
INSTRUMENT 
AND 
APPARATUS SHALL BE PRIMA FACIE EVIDENCE THAT THE 
POSSESSOR HAS IllEGALLY MANUFACTURED OR INTENDS TO 
MANUFACTUHE 
DANGEHOUS 
DHUGS 
OH 
CONTHOLlED 
PRECURSORS AND ESSENTIAL CHEMICALS." 
SEC. 15. Section 15 is hereby amended to read as follows: 
"SEC. 15. Use of Dangerous Drugs AND CONTROLLED PRECURSOHS 
AND ESSENTIAL CHEMICALS. - A person apprehended or arrested, 
who is found to be positive for use of any dangerous drug OR 
CONTHOLLED PHECURSOH AND ESSENTIAL CHEMICAL AND A 
DEPENDENT, after a confirmatory test, AND A DEPENDENT AFTER 
DEPENDENCY EXAMINATION, shall be imposed a penalty of a 
minimum of six (6) months TREATMENT AND rehabilitation in a 
government center'AND AFTEH CARE for the first offense, subject to the 
provisions of Article VIII of this Act. If not a depend'ent, he/she shall suffer 


the PENALTY OF IMPRISONMENT RANGING FROM SIX (6) MONTHS 
AND ONE (1) DAY TO SIX (6) YEARS IMPRISONMENT AND FINE OF 
FFWM TEN THOUSAND PESOS (PIO, 000.00) TO FIFTY THOUSAND 
PESOS (P50, 
000.00). If apprehended using any dangerous drug OR CONTROLLED 
PRECURSOR AND ESSENTIAL CHEMICAL, for the second time he/she 
shall suffer the penalty of imprisonment ranging from six (6) years and 
one (1) day to twelve years imprisonment and fine from Fifty thousand 
pesos (P50, 000.00) to Two hundred thousand pesos (P200, 000.00). 
Provided, That this Section shall not be applicable where the person 
tested is also found to have in his/her possession such quantity of any 
dangerous drugs provided for under Section 
11 
AND OF ANY 
CONTROLLED PRECURSORS AND ESSENTIAL CHEMICALS UNDER 
SECTION 11-A of this Act, in which case the provisions stated Iherein 
shall apply. 
SEC. 16. Sections 21(2) and 21(4) are hereby amended to read as 
follows: 
"SEC. 21. Custody and Disposition of Confiscated, Seized, end/or 
Surrendered Dangerous Drugs, Plant Sources of Dangerous Drugs, 
Controlled 
Precursors 
and 
Essential 
Chemicals, 
Instruments/paraphernalia and/or Laboratory Equipment. 
xxx 
2) Within twenty-four (hours) upon confiscation/seizure of dangerous 
drugs, plant sources of dangerous drugs, controlled precursors and 
essential chemicals, 
as well as 
instruments/paraphernalia and/or 
laboratory equipment, the same shall be submitted to the PDEA Forensic 
laboratory for a qualitative and quantitative examination. 
WHERE A SEIZURE OF ILLICIT LABORATORY IS MADE, THE 
PDEA, SHALL PROPERLY DISPOSED WITHIN REASONABLE TIME, 
CHEMICALS 
WHICH 
ARE 
NOT 
LISTED 
AS 
CONTROLLED 
PRECURSORS 
AND 
ESSENTIAL 
CHEMICALS, 
REMAINING 
UNIDENTIFIED LIQUID OR SOLID CHEMICALS IN UNLABELED 
CONTAINERS AND/OR IN OPENED CONTAINERS THAT CANNOT BE 
RESEALED, AND WASTES, WHICH ARE NOT NEEDED AS EVIDENCE 
IN 
THE INVESTIGATION OR PROSECUTION 
OF THE CASE: 
PROVIDED, THAT SUCH ITEMS OF CHEMICALS AND WASTE SHALL 
BE SEPARATELY PHOTOGRAPHED AND INVENTORIED." 
xxx 
4) After the filing of the criminal case, the Court shall, within seventy two 
(72) hours, conduct an ocular inspection of the confiscated, seized and/or 
surrendered dangerous dru\js, plant sources of dangerous drugs, and 
controlled 
precursors 
and 
essential 
chemicals, 
including 
the 
instruments/paraphernalia and/or laboratory equipment, and through the 
PDEA sllall within twenty four (24) hours there81fter proceed with the 
destruction or burning of the same, in the presence of U1e accused or the 


persons from whom such items were confiscated and/or seized, or his 
representative or counsel, a representative from the media and the 
Department of Justice, civil society groups and any elected public official. 
THE 
PROPERTY 
ON 
WHICH 
THE 
CLANDESTINE 
MANUFACTUHE OF DRUGS AND/OR CONTHOLLED PRECURSORS 
AND ESSENTIAL CHEMICALS WAS SEIZED SHJlH BE CLEANED UP 
UNDER THE SUPERVISION OF THE BOARD, IN COOPERATION 
WITH 
THE 
DEPARTMENT 
OF 
HEALTH, 
DEPARTMENT 
OF 
ENVIRONMENT 
AND 
NATURAL 
RESOUHCES 
AND 
LOCAL 
GOVERNMENT UNIT. The Board shall draw up guidelines 011 the manner 
of proper disposition and destruction of such items, INCLUDING CLEAN 
UP OF CLANDESTINE LABORATORY, which shall be borne by the 
offender OR IN THE CASE OF CLEAN UP OF CLANDESTINE 
LABORATORY, THE LESSOR OF THE PROPERTY OR OWNEH OF 
RECORD SHALL AL.SO BEAR THE COST, UNLESS THE LESSOR OF 
THE PROPEHTY OROWNEROF RECORDCAN EACH PROVE LACK 
OF KNOWLEDGEOF SUCH CLANDESTINE MANUFACTURE. Provided, 
that a representative sample 
duty weighed and recorded is retained." 
SEC. 17. Section 22 is hereby amended to read as follows: 
"SEC. 22. Grant of Compensation, Reward and Award. - The Board shall 
recommend to the concerned government agency the grant of 
compensation, reward and award to any person providing information and 
to law enforcers participating in the operation, which results in the 
successful confiscation, seizure or surrender of dangerous drugs, plant 
sources of dangerous drugs, and controlled precursors and essential 
chemicals AND LABORATORY EQUIPMENT: PROVIDED, HOWEVER, 
THAT THE COMPUTATION OF MONETARY HEWARD SHALL BE 
BASED ON 100 PER CENT PURITY OF THE DANGEROUS DRUGS, 
OR CONTROLLED PRECURSORS AND ESSENTIAL CHEMICAL.S: 
PROVIDED FURTHER, THAT QUANTITATIVE AND QUALITATIVE 
EXAMINATIONS 
ARE 
CONDUCTED 
BY 
THE 
FORENSIC 
LABORATOHY EXAMINER WITHIN TWENTY (24) HOURS AFTEH 
RECEIPT 
OF 
SEIZED 
ITEMS: 
PROVIDED, 
F/NALL Y, 
THAT 
OFFENDERS 
AHE 
IDENTIFIED 
OH 
APPHEHENDED 
AND/OR 
CHAHGED IN COURT." 
SEC. 18. Section 26, is hereby amended to read as follows: 
"SECTION 26. Attempt and Conspiracy .. ' Any attempt or conspiracy to 
commit the following unlawful acts shall be penalized by the same penalty 
prescribed for the commission of the same as provided under this Act: 
xxx 
F) CHEMICAL DIVERSION." 


SEC. 19. Section 33 is hereby amended to read as follows: 
"SECTION 
33. 
Immunity 
from 
Prosecution 
and 
Punishment.-
Notwithstanding the provisions of Section 17, Rule 119 of the Revised 
Rules on Criminal Procedure and the provisions of Hepublic Act No. 6981 
or the Witness Protection Security and Benefit Act of 1991, any person 
who has violated. Sections 7, [III, 11(3), 11 (4), 11-1-\,-12, 12A, 14 AND 15 
[and 191, Article II of IIlis Act, who voluntarily gives information about any 
violation of Sections 4, 5, 6, 8, 10, 13 and 16, Article II of this Act as well 
as any violation of the offenses mentioned if committed by a drug 
syndicate, or any information leading to the whereabouts, identities and 
arrest of all OH [of any of the members thereof; and who willingly testifies 
against such persons as described above, shall be exempted from 
prosecution or punishment for the offense with refel"ence to which his/her 
information of testimony were given, and may plead or prove the giving of 
such information and testimony in bar of such prosecution: Provided, That 
the following conditions concur: 
1. The information and testimony are necessary for the conviction of the 
persons described above; 
2. Such information and testimony are not yet in the possession of the 
State; 
3. Such information and testimony can be corroborated on its material 
point; 
4. The informant or witness has not been previously convicted of a crime 
involving moral turpitude, except when there is no other direct evidence 
available for the State other than the information and testimony of said informant 
or witness; and, 
5. The informant or witness shall strictly and faithfully comply without 
delay, or any condition or undertal~ing, reduced into writing, lawfully imposed by 
the State as further consideration for the grant of immunity from prosecution and 
punishment. 
XXX," , 
SEC. 20. Section 51 is hereby amended to read as follows: 
"SECTION 51. local Government Units' PROGRAMS AND Assistance. -
Local government units shall UNDERTAKE LOCAL DRUG AND 
CHEMICAL 
PREVENTION 
AND 
CONTROL 
PROGRAMS 
IN 
COOPERATION AND COORDINATION WITH THE BOARD AND ITS 
MEMBER 
DEPARTMENTS 
AND 
NON-GOVERNMENTAL 
ORGANIZATIONS. THEY SHALL appropriate a substantial portion of 
their respective annual budgets to assist in or enhance the enforcement 
of this Act giving priority to preventive or educational programs and the 
rehabilitation or treatment of drug ANDIOR CHEMICAL dependents." 


SEC. 21. The Title of Article VIII and Sections 54, b5, 56, 57, b8, 59, 60, 
61, 62, 63, 64, 68, 72, 13, 74, 75 and 76 of the same Article are ilereby 
amended by deleting the words "drug dependent" wherever they appear and 
replacing tilem with the words "DRUG AND/OR CHEMICAL DEPENDENT". 
SEC. 22. Section 78 is hereby amended to read as follows: 
"SECTION 78. Composition of the Board. - The Board shall be composed 
of [seventeen (17)] TWENTY (20) members whemin three (3) of which 
are permanent members, the other [twelve (12)] F"FTEEN (15) members 
shall be in an ex-officio capacity and the two (2) shall be regular 
members. 
The three (3) permanent members, who shall possess at least 
seven year training and experience in the field of dangerous drugs and 
any of the following fields, in law, medicine, criminology, psychology or 
social work, who shall be appointed by the President of the Philippines. 
The President shall designate a Chairman, who shall have the rank of a 
Secretary from among the three (3) permanent members who shall serve 
for six (6) years. Of the two (2) other members, who shall have the rank of 
undersecretary, one (1) shall serve for four (4) years and other for t.wo (2) 
years. Thereafter, the persons appointed to succeed such members shall 
hold office for a term of six (6) years and until their successors shall have 
been duly appointed and qualified. The other [twelve (12)] FIFTEEN (15)·· 
members who shall be ex-officio members of the Board are the following: 
1) Secretary of the Department of Justice or his/her authorized 
representative; 
2) Secretary of the Department of Health or his/her authorized 
representative; 
3) Secretary of the Department of national Defense or his/her authorized 
representative: 
4) Secretary of the Department of Finance or his/her authorized 
representative; 
5) Secretary of the Department of Labor and Employment or his/her 
authorized representative; 
6) Secretary of the Department of Interior and Local Government or 
his/her authorized representative; 
7) Secretary of the Department of Social Welfare and Development or 
His/her authorized representative; 
8) Secretary of the Department of Foreign Affairs or his/her authorized 
representative; 
9) Secretary of the Department of Education or his/her authorized 
representative; 


= 
10) SECRETARY OF THE DEPARTMENT OF TRANSPORTATION AND 
COMMUNICATION OR HIS/HER AUTHORIZED REPRESIENTATIVE; 
11) 
SECRETARY 
OF 
THE 
DEPARTMENT 
OF 
BUDGET AND 
MANAGEMENT OR HIS/HER AUTHORIZED REPRESENTATIVE; 
12) Chairman of the Commission on Higher I':ducation or his/her 
representative; 
13) Chairman of the National youth Commission or his/her 
representative; 
14) Director General of the Philippine Drug Enforcement Agency or 
his/her representative; 
15) EXECUTIVE DIRECTOR OF THE DANGEROUS DRUGS BOARD; 
[Cabinet Secretaries who are members of the Board] E.X-OFFICIO 
members of the Board, except the Executive Director of the Board may 
designate 
their duly authorized and permanent representatives whose ranks shall in no 
case 
be 
lower than 
[undersecretary] ASSISTANT 
SECRETARY. 
THE 
EXECUTIVE DIRECTOR OF THE BOARD SHALL HAVE NO VOTING RiCa-ITS 
ON ISSUES BEFORE THE BOARD. 
The two (2) regular members shall be as follows: 
(a) The President of the Integrated Bar of the Philippines or 
AUTHORIZED REPRESENTATIVE; and, 
(b) The chairman or president of a non-government organization HIS/HER 
involved in dangerous drug campaign to be appointed by the President of the 
Philippines. 
The Director of the NBI and the Chief of the PNP shall be the [permanent] 
E.X.OFFICIO consultants of the Board, and [shall] MAY attlend all the meetings 
of 
the Board. 
THE BOARD MAY ENGAGE THE SERVICES OF CONSULTANTS WHO 
ARE DEEMED EXPERTS IN DRUG ABUSE AND CONTROL POLICIES, 
STRATEGIES AND PROGRAMS, RESEARCH, AND INTERNATIONAL DRUG 
CONVENTIONS, SUBJECT TO THE PERTINENT BUDGETARY LAWS, 
RULES AND REGULATIONS ON COMPENSATION, HONORARIA AND 
ALLOWANCES. 
All members of the Board as well as its [permanent] EX-OFFICIO 
consultants shall receive a per diem for every meeting actually attended subject 
to the pertinent budgetary laws, rules and regulations on compensation, 
honoraria and allowances: Provided, Tilat where the representative of an ex-
officio member or [permanent] consultant attends a meeting in behalf of the 


latter, such PEHMANENT representatives shall be entitled to receive the per 
diem. " 
SEC. 23. Section 79 is hereby amended to read as follows: 
"SECTION 79. Meetings of the Board. - The Board shall meet once a 
[week] MONTH or as often as necessary at the call of the [discretion of 
the] Chairman or any four (4) other members. The presence of [nine (9)] 
ELEVEN (11) members shall constitute a quorum." 
SEC 24. Hepublic Act No. 9·165 Sec. 80 is hereby amended to read as 
follows: 
"SECTION 80. Secretariat oflhe Board. x x x 
The existing secretariat of the Board shall be under the administrative 
control and supervision of the Executive Director. It shall be composed of 
the following [divisions] SERVICES: Policy Studies, Research and 
Statistics; Preventive Education, Training and Information; Legal Affairs; 
and the Administrative and Financial Management" 
SEC 25. Section 82, is hereby amended to read as follows: 
"SECTION 82. Creation of the Philippine Drug Enforcement Agency, - x 
xx 
The PDEA shall be headed by a Director Genl,ral with the rank of 
Undersecretary, who shall be responsible for the !~eneral administration 
and management of the Agency. The Director Genl~ral of the PDEA shall 
be appOinted by the President of the Philippines and shall perform such 
other duties that may be assigned to him/her. He must possess adequate 
knowledge, training and experience in the field of dangerous drugs AND 
CONTROLLED 
PRECURSORS 
AND 
ESSENTIAL 
CHEMICALS 
CONTROL and in anv of the following fields: law enforcement, 
criminology, CRIMINAL POLICING, LEGAL AND PROSECUTION, 
CRIMINOLOGY, 
AND 
INTELLIGENCE 
AND 
SECURITY 
ADMINISTRATION. [law, medicine, psychology or social work]. HE 
MUST ALSO POSSESS A POSTGRADUATE DEGREE, AND CAREER 
EXECUTIVE SERVICE ELIGIBILITY. 
The Director General of the PDEA shall be assisted in the performance of 
his/her duties and responsibilities by two (2) deputies director general 
with the rank of Assistant Secretary: one for Operations and the other one 
for Administration. The President of the Philippines upon recommendation 
OF THE DIRECTOR GENERAL OF THE PDEA and CONCURRENCE of 
the Board shall likewise appoint the two deputies director general. The 
two (2) deputies director general shall possess the same qualifications as 
those of the Director General of the PDEA. The Director General and the 
two (2) deputies director general shall receive the compensation and 
salaries as prescribed by law. 
HAZARD PAY EQUIVALENT TO TWENTY FIVE (25) PER CENT OF 
MONTHLY SALARY SHALL BE GRANTED TO OFFICIALS, AGENTS, 


INVESTIGATORS AND OTHER PERSONNEL OF THE PDEA WHOSE 
GEOGRAPHICAL ASSIGNMENT OR FUNCTIONJl.L MISSION EXPOSE 
THEM TO GREAT DANGER OR RISKS, SUBJECT TO ACCOUNTING 
AND AUDITING REQUIREMENTS. 
SEC. 26. Sections 84 (m) and (0) are hereby amended to read as follows: 
SECTION 84. Powers and Duties of the PDEA 
m). Establish and maintain close coordination, cooperation and linkages 
with 
international drug control 
and 
administrative agencies and 
organizations, WITH DRUG SUPPLY REDUCTION AND CHEMICAL 
DIVERSION CONTROL FUNCTIONS AND PROGHAMS, and implement 
applicable provisions of international conventions and agreements 
relative to dangerous drugs AND CONTROLLED PRECURSORS AND 
ESSENTIAL CHEMICALS to which the Philippines i8 a signatory; 
xxx 
0) [Hequire all government and private hospitals, clinics, doctors, dentists 
. and other practitioners to submit a report to it, in coordination with the 
Board, about all dangeroLis drugs and/or controlled precursors and 
essential chemicals which they have attended to for data and information 
purposes]. CONDUCT REGULATORY COMPLIANCE INSPECTION 
AND 
DANGEROUS 
DRUG 
AND 
CONTROLLED 
PRECUHSOR 
DIVERSION CONTROL PROGMM AND INVESTIGATION: 
xxx 
s) DEPUTIZE, AS PDEA AGENT, QUALIFIED PERSONNEL AND/OR 
UNITS OF OTHER DEPARTMENT BUREAU, OFFICE, AGENCY, OR 
LOCAL GOVERNMENT UNITS TO ASSIST IN A MOHE RESOLUTE 
IMPLEMENTATION OF THIS ACT. 
SEC. 27. Section 85 is hereby amended to read as follows: 
"SECTION 85. PDEA Academy. - Upon approval of the Board, the PDEA 
Academy shall be established either in Baguio or Tagaytay City and in 
sLich other places as may be necessary: PROVIDED, THAT UNTIL 
SUCH 
TIME 
THAT 
A 
FUNCTIONAL 
PDEA 
ACADEMY 
IS 
ESTABLISHED, PDEA IS AUTHORIZED TO CONDUCT ITS TRAINING 
IN ANY EXISTING TRAINING ACADEMY OH INSTITUTION OH 
FACILITY OPEHATED BY ANY DEPARTMENT, BUHEAU, OFFICE, 
AGENCY OR INSTRUMENTALITY OF THE GOVERNMENT, SUBJECT 
TO PHIOR CONSULTATION WITH AND AGREEMENT OF THE 
PARTIES CONCEHNED." 
SEC. 28. Section 86 is hereby amended by insertin!~ a paragraph after 
the second paragraph to read as follows: 
"SECTION 86. Transfer, Absorption, and Integration of All Operating 
Units 
on Illegal Drugs into the PDEA and Transitory Provisions. - " x x x The 
transfer, absorption and integration of the different offices and units 
provided for in this Section shall take effect within eighteen (18) months 


from effectivity of this Act: Provided, That personnel absorbed and on 
detail service shall be given until five (5) years to finally decide to join the 
PDEA. HEADS OF PHILIPPINE NATIONAL POLICE, 
NATIONAL 
BUREAU OF INVESTIGATION, BUREAU OF CUSTOMS, ARMED 
FORCES 
OF 
THE 
PHILIPPINES 
OR 
OTHER 
GOVERNMENT 
AGENCIES AND LOCAL GOVERNMENT UNITS PERFORMING LAW 
ENFORCEMENT FUNCTIONS OR MISSIONS ARE AUTHORIZED TO 
CONTINUE PLACEMENT OF THEIR PERSONNEL ON 
DETAIL 
SERVICE WITH PDEA UPON REQUEST OF DG PDEA FOR A PERIOD 
NOT EXCEEDING FIVE YEARS: PROVIDED, THII\T DETAIL SERVICE 
WITH PDEA SHALL BE CONSIDERED AS CAREEH SERVICE 
CONNECTED: PROVIDED FURTHER THAT AUTHORIZATION FOH 
THE DETAIL SERVICE mOM OTHER AGENCIES TO PDEA SHALL 
CEASE WHEN PDEA IS ABLE TO PROCURE A MINIMUM OF THREE 
THOUSAND (3,000) ORGANIC PDEA AGENTS: PROVIDED FINALLY, 
THAT PERSONNEl. ON DETAIL SHALL BE GIVEN THE OPTION TO 
JOIN THE PDEA, SUB,JECT TO PEHTINENT LAWS, HULES AND 
REGULATION, AND QUALIFICATION HEQUIHEMENTS OF THE 
PDEA." 
SEC. 29. Section 87 is hereby amended to read as follows: 
"SECTION 87. Appropriations x x x 
All receipts derived from fines, fees and other income authorized and 
imposed in this At, including ten percent (10%) of all unclaimed and 
forfeited sweepstakes and lotto prizes but less than twelve million pesos 
(P12,000,000.00) per year from the Philippine Charity Sweepstakes 
Office (PCSO), are hereby constituted as a special account in Ule general 
fund for the implementation of this Act: Provided, That, EXCEPT AS 
PHOVIDED OTHERWISE ELSEWHERE IN THIS SECTION, no amount 
shall be disbursed to cover operating expenses of the Board and other 
concerned agencies: PROVIDED HOWEVER, THAT PDEA SHAl.L 
RETAIN THE TOTAL COLl.ECTION FOR DRUGS AND CHEMICAL 
FEES AND CHARGES TO FUND THE COMPLIANCE AND CHEMICAl. 
DIVERSION CONTROLPF{OGRAM, PDEA ACADEMY DEVELOPMENT 
PROGRAM, 
AND 
FORENSIC 
LABORATOFtY 
DEVELOPMENT 
PHOGRAM OTHEH THAN WHAT IS PROVIDED FOR IN THE 
GENERAL APPROPRIATIONS ACT.: Provided further, That at least fifty 
percent (50%) of all the funds, EXCEPT FEES AND CHAHGES 
COLLECTED BY PDEA, shall be reserved for assistance to government-
owned and/or operated rehabilitation center." 
SEC. 30. Section 93 is hereby amended to read as follows: 
"SECTION 93. Reclassification, Addition or r~emova/ of Any Drug AND 
CHEMICAL from the Lists of Dangerous Drugs OR CONTROLLED 
PRECURSORS AND ESSENTIAL CHEMICALS. - The Board shall have 
the power to reclassify, add to or remove from the lists of dangerous 
drugs 
AND 
CONTROLLED 
PHECURSORS 
AND 
ESSENTIAL 
CHEMICALS: PROVIDED, THAT THE BOARD SHALL ONLY HEMOVE 
FROM SUCH LISTS, ANY OF THE DANGEROUS DRUGS OR 
CONTROLLED PRECURSORS AND ESSENTIAL CHEMICALS THAT IT 


HAD ADDED, 
BY 
REGULATION, 
BUT 
NOT LISTED 
IN 
THE 
SCHEDULES UNDER INTEHNATIONAL CONTROL SET BY THE 1961 
SINGLE CONVENTION ON NARCOTIC DRUGS AS AMENDED BY THE 
1972 
PROTOCOL, 
1971 
CONVENTION 
ON 
PSYCHOTROPIC 
SUBSTANCES AND 1988 CONVENTION AGAINSllLLICIT TRAFFIC IN 
NARCOTIC DRUGS AND 
PSYCHOTROPIC SUBSTANCES. THE 
BOARD SHALL ALSO HAVE THE POWER TO EXEMPT ANY 
DANGEROUS DRUG PREPARATION AND ANY DRUG OR CHEMICAL 
PREPARATION 
OR 
MIXTURE 
OR 
PRODUCTS 
CONTAINING 
CONTROLLED 
PRECURSORS 
AND 
ESSENTIALS 
FROM 
ANY 
SPECIFIC PROVISION OF THE REGULATION UNDER THIS ACT: 
PROVIDED, THAT SUCH DANGEROUS DRUG PREPARATION OR 
ANY 
DRUG 
PREPARATION 
CONTAINING 
CONTROLLED 
PRECURSORS AND ESSENTIALS IS REGISTERED WITH THE 
BUREAU OF FOOD AND DRUGS AS A DRUG, AND PRODUCTS 
CONTAINING THE CONTROLLED PRECURSOFtS AND ESSENTII"L 
CHEMICALS 
ARE 
IN 
LEGITIMATE TRADE 
AND 
COMMERCE. 
Proceedings to reclassify, add, or remove a drug, or CHEMICAL or other 
substances, OR EXEMPT IT FROM ANY PRESCRIBED REGULATION 
may be initiated by the PDEA, the DOH, or by petition from any interested 
party, including the manufacturer of a drug OR OTHER SUBSTANCES 
OR CHEMICAL, a medical society or association, pharmacy association, 
chemical association, a public interest group concerned with drug OR 
CHEMICAL abuse, a national or local government agency, or an 
individual citizen. When the Board receives a petition, it shall immediately 
begin its own investigation of the drug OR CHEMICAL OR SUBSTANCE 
The PDEA also may begin its own investigation of a drug OR CHEMICAL 
OR SUBSTANCE at any time based upon the information received from 
law enforcement laboratories, national and local law enforcement and 
regulatory agencies or other sources of information. 
The Board after notice and hearing shall consider tile following 
factors with respect to each substance proposed to be reclassified, added 
or removed from control OR EXEMPTED FROM ANY PRESCRIBED 
REGULATORY CONTROL: 
a) Its actual or relative potential for abuse; 
b) Scientific evidence of its pharmacological effect if known; 
c) The state of current scientific knowledge re\jarding the drug OR 
CHEMICAL or other substance; 
d) Its EVIDENCE AND history of current pattern of abuse, ILLICIT 
TRAFFIC AND DIVERSION: 
e) The scope, duration, and significance of abuse, ILLICIT TRAFFIC AND 
DIVERSION; 
f) Risk to public health; 
g) Whether the substance is an immediate precursor of a substance 
already controlled under this Act; 
h) TOXICOLOGY, INCLUDING ADVERSE REACTIONS IN HUMANS; 
i) THERAPEUTIC OR INDUSTRIAL USE; 
j) WHETHER THE PREPARATION OR MIXTURE IS COMPOUNDED IN 
SUCH A WAY THAT IT PRESENTS NO, OR NEGLIGIBLE, RISK OF 
ABUSE OR DIVERSION AND THE SUBSTJ\NCE CANNOT BE 


RECOVERED BY READILY APPLICABLE 
ME~NS IN QUANTITY 
LIABLE TO ABUSE OR DIVERSION SO THAT THE PREPARATION OR 
MIXTURE DOES NOT GIVE RISE TO A PUBLIC HEALTH, SOCIAL OR 
LAW ENFORCEMENT PROBLEM; 
k) WHETHER THE DRUG OR GROUP OF DRUGS IS FORMULATED IN 
SUCH A WAY THAT IT CANNOT BE EASILY USED IN THE ILLICIT 
PRODUCTION OF A DANGEROUS DRUG: 
I) WHETHER THE CONTROLLED PRECURSOR AND ESSENTIAL 
CHEMICAL CAN BE READILY RECOVERED FRDM THE DRUG OR 
GROUPS OF DRUGS OR CHEMICAL MIXTURE OR END PRODUCT 
CONTAINING THE CHEMICAL. 
The Board shall tal((:1 into accord the obligations and commitments 
to international treaties, conventions and agreements to which the 
Philippines is a signatory. 
The Dangerous Drugs Board shall give notice to the general public 
of the public hearing of the reclassification, addition to or removal from 
the list of any drug OR CHEMICAL OR SUBSTANCE OR EXEMPTION 
FROM ANY PRESCRIBED REGULATION by publishing such notice in 
any newspaper of general circulation once a week for two weeks 
AND/OR PROVIDING INTERESTED PARTIES WITH DUE NOTICES. 
THE BOARD SHALL LIKEWISE GIVE NOTICE TO THE GENERAL 
PUBLIC OF ITS DECISIONS BY PUBLISHING THE REGULATION IN 
ANY NEWSPAPER OF GENERAL CIRCULATION ONCE A WEEK FOR 
nNOWEEKS. 
The effect of SUCll reclassification, addition or removal FROM THE 
LISTS OF DANGEROUS DRUGS AND CONTROLLED PRECURSORS 
AND 
ESSENTIAL 
CHEMICALS, 
OR 
EXEMPTION 
FROM 
ANY 
PRESCRIBED REGULATION shall be as follows: 
a) In case a dangerous drug is reclassified as a controlled precursors and 
essential chemicals, the penalties for the violations of this Act involving 
[the latter two categories of drugs] CONTROLLED PRECURSORS AND 
ESSENTIAL CHEMICALS shall in case of conviction, be imposed in all 
pending criminal cases; 
b) In case a controlled precursors and essential chemicals is reclassified 
as dangerous drug, the penalties for violation of this Act, involving 
controlled precursors and essential chemicals shall in case of conviction 
be imposed in all pending criminal cases; 
c) In case of the addition of a new drug or chemical to the list of 
dangerous drug [and] OR CONTROLLED precursors and essential 
chemicals, no criminal liability involving the same under this Act shall 
arise until after tile lapse of fifteen (15) days from the last publication of 
such notice; 
d) In case of removal of a drug OR CHEMICAL from the list of dangerous 
drugs [and] OR controlled precursors and essential chemicals, all persons 
convicted and/or detained for use and/or possession of such a drug or 


chemical shall be automatically released and all pending criminal 
prosecution involving such a drug under this Act shall forthwiUl be 
dismissed; 
e) IN CASE OF EXEMPTION OF DRUG PREPARATIONS CONTAINING 
DANGEROUS DRUGS, OR CHEMICAL MIXTURE OR PREPARATION 
OR PRODUCT CONTAINING CONTROLLED PRECURSORS AND 
ESSENTIAL CHEMICALS FROM ANY SPECIFIC PROVISIONS OF 
IMPLEMENTING 
REGULATIONS, 
ALL 
PERSONS 
CONVICTED 
AND/OR DETAINED FOR VIOLATION OF THAT CORRESPONDING 
SPECIFIC REGULATION SHALL BE AUTOMATICALLY RELEASED 
AND 
ALL 
PENDING 
CRIMINAL 
PROSECUTION 
AND 
ADMINISTRATIVE 
PROCEEDINGS 
SHALL 
FORTHWITH 
BE 
DISMISSED. 
f) The Board shall within five (5) days from the date of its promulgation 
submit to Congress a detailed reclassification, addition, removal of any 
drug or Chemical or Other Substance from the lists of dangerous drugs 
OR CONTROLLED PRECURSORS AND ESSENTIAL CHEMICALS, 
AND EXEMPTIONS, BY REGULATIONS FROM ANY PRESCHIBED 
REGULATION UNDER THIS ACT." 
SEC. 31. Section 101 is hereby amended to read as follows: 
PRESIDENTIAL DECREE 1619 [is] ARE hereby amended accordingly." 
"SECTION 101. Amending Clause. - Republic Act No. 7659 AND 
SEC. 32. Separability Clause. - If any provision or part hereof, is Ileld 
invalid or unconstitutional, the remainder of the law or this provision not 
othelwise affected shall remain valid and subsisting. 
SEC. 33. Repealing Clause. - Any law, presidential decree or issuance, 
executive order, letter of instruction, administrative order, rule or regulation 
contrary to or inconsistent with the provisions of this Act is hereby repealed, 
modified or amended accordingly. 
SEC. 34. Effectivity Clause. -This Act shall take Hffect fifteen (15) days 
after its publication in at least two (2) newspaper of general circulation. 
Approved,