WEPRESENY

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Republic of the Philippines bee hg on
HOUSE OF REPRESENTATIVES CATER 25 2020

Quejon City TIME: 1257 Py
EIGHTEENTH CONGRESS
Second Regular Session
7495

HOUSE BILL NO.

Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.

AN ACT STRENGTHENING DRUG PREVENTION AND CONTROL, AMENDING
FOR THE PURPOSE REPUBLIC ACT 9165, AS AMENDED, OTHERWISE
KNOWN AS THE “COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002”

This version of the bill, which was approved on the Third reading in the 17" Congress
but was not acted upon in the Senate, is being refiled to respond to the need to
strengthen our existing law on drugs. The drug campaign is an ongoing effort despite
the same not being as hot a topic as it was in the previous years.

Our battle against drugs remain difficult when our existing laws have inadequacies that
are repeatedly abused to avoid a successful prosecution. Hence, we propose to
strengthen our law to effectively support our fight against drugs in the country. Among
others, we expand our legal presumptions on who is considered importer, financier,
protector or coddler of illegal drugs. Penalties are likewise defined for importer,
financier and protectors as well as exporters.

The bill also proposes to improve the diligence and responsibility of lessors to ensure
that their spaces are not abused for illegal activities such as drug laboratories. It also
seeks to improve the effectiveness, capacity and training of the PDEA in enforcement,
and to improve the reward system to persons who provide useful information to
enforcers.

The immediate passage of the bill is most earnestly sought.

AL ial
LUIS RAYMUND /‘LRAY”/F. VILLAFUERTE, JR.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
Second Regular Session

- 7495
HOUSE BILL NO.

Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.

AN ACT STRENGTHENING DRUG PREVENTION AND CONTROL, AMENDING
FOR THE PURPOSE REPUBLIC ACT NO. 9165, AS AMENDED, OTHERWISE
KNOWN AS THE "COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002”

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

SECTION 1. Section 3 of Republic Act No. 9165, as amended, is hereby
amended to read as follows:

"SEC. 3. Definitions. — As used in this Act, the following terms
shall mean:

"a) x x x

yen

“(c) x x x
"(C-1) CHEMICAL DEPENDENCE. - A CONDITION OF MENTAL
OR MENTAL AND PHYSICAL DEPENDENCE ON ANY
CONTROLLED PRECURSOR AND ESSENTIAL CHEMICAL OR
VOLATILE SUBSTANCE THAT AFFECTS THE CENTRAL
NERVOUS SYSTEM, CHARACTERIZED BY THE PERIODIC OR
CONSTANTLY REPEATED CONSUMPTION OF THIS
SUBSTANCE AND WHOSE EFFECTS VARY DEPENDING UPON
THE KIND OF CONTROLLED PRECURSOR AND ESSENTIAL
CHEMICAL TAKEN BY THE DEPENDENT OR USER.

"* x x

"(h) Controlled Precursors and Essential Chemicals. — Include
those listed in Tables | and Il 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{.], ESSENTIAL
CHEMICALS AND CHEMICALS WHICH SHALL BE HEREINAFTER
ADDED TO THE LIST OF CONTROLLED PRECURSORS, PURSUANT
TO SECTION 93 OF THIS ACT OR ANY DERIVATIVE AND
PREPARATION CONTAINING SUCH CHEMICALS OR ARE
SOURCED THEREFROM WHICH ARE PRESUMED TO FALL WITHIN
THE AMBIT THEREOF.

x ax

"() Dangerous Drugs. — Include those listed in the Schedules
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 enumerated in the attached
annex, which is an integral part of this Act[.], ESSENTIAL CHEMICALS
AND CHEMICALS WHICH ARE HEREINAFTER ADDED TO THE LIST
OF CONTROLLED PRECURSORS PURSUANT TO SECTION 93 OF
THIS ACT OR DERIVATIVES AND PREPARATIONS CONTAINING
SUCH CHEMICALS OR ARE SOURCED THEREFROM WHICH ARE
PRESUMED TO FALL WITHIN THE AMBIT THEREOF.
x x

“(P) illegal Trafficking. — The illegal cultivation, culture, delivery,
administration, dispensation, manufacture, sale, trading, transportation,
distribution, importation, exportation, CHEMICAL DIVERSION, and
possession of any dangerous drug and/or controlled precursor and
essential chemical.

™* x x

“(dd)x x x

"(OD-1) PROPER DISPOSAL. - ANY ACT OF DISCARDING
DANGEROUS DRUGS AT A LICENSED OR AUTHORIZED FACILITY
IN ACCORDANCE WITH ALL APPLICABLE LAWS AND
REGULATIONS, NOT TO BE RESUED OR SOLD FOR ANY
PURPOSE.

"(DD-2) PROPERTY. - ANY PROPERTY, SITE, STRUCTURE,
PART OF A STRUCTURE, OR THE GROUND SURROUNDING A
STRUCTURE INCLUDING SINGLE-FAMILY RESIDENCE,
OUTBUILDING, GARAGE, UNIT OR MULTIPLEX, CONDOMINIUM,
APARTMENT BUILDING, WAREHOUSE, HOTEL, MOTEL, BOAT,
MOTOR VEHICLE, TRAILER, MANUFACTURED HOUSING, SHOP, OR
BOOTH AND OTHER SIMILAR STRUCTURE.

(ee) Protector/Coddler. — Any person who knowingly and willfully
consents to the unlawful acts provided for in this Act and uses his/her
influence, power or position in shielding, harboring, screening or
facilitating the escape of any person he/she knows, or ANY PERSON
WHO has reasonable grounds to believe or suspect{,] THAT AN
INDIVIDUAL has violated the provisions of this Act, AND HE/SHE USES
HIS/HER INFLUENCE, POWER OR POSITION in order to prevent the
arrest, prosecution [and] OR conviction of the violator.

"* x x

“(kk) x xx

"(LL) WASTE. - ANY REFUSE, GARBAGE, OR OTHER
DISCARDED MATERIAL, EITHER SOLID OR LIQUID."

SEC. 2. Section 4 of the same Act 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 ranging from Five
hundred thousand pesos (P500,000.00) to Ten million pesos
(P10,00,000,.00) shall be imposed upon any person, who, unless
authorized by law, shall import or bring into OR EXPORT FROM the
Philippines any dangerous drug, regardless of the quantity and purity
involved, including any and 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
(P500,000.00) shall be’ imposed upon any person, who, unless
authorized 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 FROM the Philippines any dangerous
drug and/or controlled precursor and essential chemical through the use
of a diplomatic passport, diplomatic facilities or any other means
involving his/her official status intended to facilitate the unlawful entry of
the same. In addition, the diplomatic passport shall be confiscated and
cancelled.

"ANY PERSON WHO IS FOUND TO HAVE IN HIS/HER
POSSESSION OR UNDER HIS/HER DIRECT OR_ INDIRECT
CONTROL ANY DOCUMENT, PURCHASE ORDER, MEMORANDUM
RECEIPT, DELIVERY RECEIPT, BILL OF LADING, OR ANY WRITTEN
MATTER CONTAINING INFORMATION RELATED TO OR IN
CONNECTION WITH ANY DANGEROUS DRUGS AND/OR
CONTROLLED PRECURSORS AND ESSENTIAL CHEMICALS IS,
UNTIL PROVEN OTHERWISE, PRESUMED TO HAVE IMPORTED OR
EXPORTED THE DANGEROUS DRUGS AND/OR CONTROLLED
PRECURSORS AND ESSENTIAL CHEMICALS THAT ARE THE
SUBJECT MATTER OF SUCH DOCUMENT OR WRITING.

“The maximum penalty provided for under this Section shall be
imposed upon any person, who organizes, manages or acts as a
"financier" of any of the illegal activities prescribed in this Section.

"A PERSON IS PRESUMED A FINANCIER IF HE/SHE CAUSES
THE PAYMENT, RAISES, PROVIDES OR SUPPLIES MONEY FOR OR
UNDERWRITES THE IMPORTATION OR EXPORTATION OF
DANGEROUS DRUGS OR CONTROLLED PRECURSORS AND
ESSENTIAL CHEMICALS. ANY EVIDENCE SHOWING DELIVERY OR
TRANSFER OF MONEY, OR DRAWING OR ISSUANCE OF A CHECK,
MONETARY INSTRUMENT OR DOCUMENT TO THE ACCOUNT,
CUSTODY OR CONTROL OF A PERSON OR ENTITY KNOWN TO BE
CONNECTED WITH OR WORKING FOR AN IMPORTER OR
EXPORTER OF DANGEROUS DRUGS OR = CONTROLLED
PRECURSORS AND ESSENTIAL CHEMICALS, UNLESS PROVEN
OTHERWISE, IS PRIMA FACIE PROOF OF THE CONSENT TO OR
KNOWLEDGE OF THE SENDER, TRANSFEROR OR ISSUER OF THE
FINANCING OF THE ILLEGAL IMPORTATION OR EXPORTATION OF
SUCH DANGEROUS DRUGS, CONTROLLED PRECURSORS AND
ESSENTIAL CHEMICALS. THIS PRESUMPTION MAY BE
OVERTURNED UPON PRESENTATION
OF PROOF THAT THE IMPORTATION OR EXPORTATION IS
AUTHORIZED OR VALID.

“The penalty of twelve (12) years and one (1) day to twenty (20)
years of imprisonment and a fine ranging from One hundred thousand
pesos (P 100,000.00) to Five hundred thousand pesos (P500,000.00)
shall be imposed upon any person, who acts as a "protector/coddler" of
any violator of the provisions under this Section.

“A PERSON IS PRESUMED A PROTECTOR OR CODDLER OF
A PERSON WHO IMPORTS OR EXPORTS DANGEROUS DRUGS,


CONTROLLED PRECURSONRS OR ESSENTIAL CHEMICALS TO BE
USED IN THE PREPARATION FOR SUCH DANGEROUS DRUGS, IF
HE/SHE KNOWS THE IMPORTER OR EXPORTER OF DANGEROUS
DRUGS AND/OR CONTROLLED PRECURSORS AND ESSENTIAL
CHEMICALS, AND HE/SHE USES HIS/HER INFLUENCE, POWER OR
POSITION TO SHIELD, HARBOR, SCREEN OR FACILITATE THE
ESCAPE OF SAID IMPORTER OR EXPORTER. A PERSON IS
LIKEWISE PRESUMED A PROTECTOR OR CODDLER IF HE/SHE
HAS KNOWLEDGE OF OR HAS REASONABLE GROUND TO
BELIEVE THAT THE VIOLATOR IS AN IMPORTER OR EXPORTER OF
DANGEROUS DRUGS AND/OR CONTROLLED PRECURSORS AND
ESSENTIAL CHEMICALS, AND HE/SHE USES HIS INFLUENCE,
POWER OR POSITION IN PREVENTING THE ARREST,
PROSECUTION OR CONVICTION OF THE IMPORTER OR
EXPORTER.

"UNLESS PROVEN OTHERWISE, A PERSON WHO SHIELDS,
HARBORS, SCREENS OR FACILITATES THE ESCAPE OF, OR
PREVENTS THE ARREST, PROSECUTION, OR CONVICTION OF
THE IMPORTER OR EXPORTER IS PRESUMED TO HAVE
KNOWLEDGE OF, OR HAS WILLFULLY CONSENTED TO, THE
ILLEGAL IMPORTATION OR EXPORTATION AND THAT HE/SHE HAS
USED HIS/HER INFLUENCE, POWER OR POSITION. EXCEPT WHEN
IT IS DONE BY ANY MEMBER OF THE IMPORTER'S OR
EXPORTER'S IMMEDIATE FAMILY OR HIS/HER LEGAL COUNSEL, A
PERSON WHO INTERCEDES AND/OR REPRESENTS THE SAID
IMPORTER OR EXPORTER IS, UNLESS PROVEN OTHERWISE,
PRESUMED TO HAVE SHIELDED, HARBORED, SCREENED OR
FACILITATED THE ESCAPE OF OR PREVENTED THE ARREST,
PROSECUTION OR CONVICTION OF THE IMPORTER OR
EXPORTER."

SEC. 3. Section 5 of the same Act is hereby amended to read as follows:

"SEC. 5. Sale, Trading, Administration, Dispensation, Delivery,
Distribution and Transportation of Dangerous Drugs and/or Controlled
Precursors and Essential Chemicals. — The penalty of life imprisonment
to death and a fine ranging from Five hundred thousand pesos
(P500,000.00) to Ten million pesos (P 10,000,000.00) shall be imposed
upon any person, who, unless authorized by law, shall sell, trade,
administer, dispense, deliver, give away to another, distribute, dispatch in
transit or transport any dangerous drug, including any and all species of
opium poppy regardless of the quantity and purity involved, or shall act
as a broker in any of such transactions.

bx Xx
%* xX Xx
“x x x

x x

"UNLESS PROVEN OTHERWISE, ANY PERSON FOUND OR IS
PRESENT WITHIN OR INSIDE THE PLACE OF SALE, TRADING,
MARKETING, DISPENSATION, DELIVERY OR DISTRIBUTION, IS
PRESUMED TO HAVE BEEN INVOLVED IN THE SALE, TRADE OR
DISTRIBUTION OF DANGEROUS DRUGS, CONTROLLED
PRECURSORS OR ESSENTIAL CHEMICALS.

"ANY PERSON FOUND IN POSSESSION OF DANGEROUS
DRUGS IN THE FOLLOWING QUANTITY OR WEIGHT, REGARDLESS
OF PURITY, IS PRESUMED TO HAVE BEEN ENGAGED IN SELLING,
TRADING, | DISPENSATION, ADMINISTRATION, DELIVERY,


DISTRIBUTION AND/OR TRANSPORTATION OF DANGEROUS
DRUGS:

(1) 200 GRAMS OR MORE OF SHABU, COCAINE, COCAINE
HYDROCHLORIDE, OPIUM, HEROINE, MORPHINE, MARIJUANA
RESIN OR MARIJUANA RESIN OIL, OR OTHER DANGEROUS
DRUGS SUCH AS METHYLENEDOXYMETAMPHETAMINE (MDMA)
OR "ECSTASY," PARAMETHOXYAMPHETAMINE (PMA),
TRIMETHOXYAMPHETAMINE (TMA), LYSERGIC ACIDE
DIETHYLAMINE (LSD), GAMMA HYDROXYBUTYRATE (GHB), AND
THOSE THAT ARE SIMILARLY DESIGNED OR ARE NEWLY
INTRODUCED DRUGS AND THEIR DERIVATIVES;

(2) 500 GRAMS OR MORE OF MARIJUANA."

“The maximum penalty provided for under this Section shall be
imposed upon any person who organizes, manages or acts as a
“financer” of any of the illegal activities prescribed in this Section

"A PERSON IS PRESUMED A FINANCIER IF HE/SHE CAUSES
THE PAYMENT, RAISE OR PROVIDES OR SUPPLIES MONEY FOR,
OR UNDERWRITES THE SALE, TRADING OR DISTRIBUTION OF
DANGEROUS DRUGS AND/OR CONTROLLED PRECURSORS AND
ESSENTIAL CHEMICALS. ANY EVIDENCE SHOWING DELIVERY OR
TRANSFER OF MONEY, OR THE DRAWING, ISSUANCE OR
TRANSFERRING OF ISSUANCE OF A CHECK, MONETARY
INSTRUMENT, INVESTMENT OR PROPERTY TO THE ACCOUNT,
CUSTODY OR CONTROL OF A PERSON OR ENTITY CONNECTED
WITH OR WORKING FOR A SELLER, TRADER OR DISTRIBUTOR OF
DANGEROUS DRUGS AND/OR CONTROLLED PRECURSORS AND
ESSENTIAL CHEMICALS IS, UNLESS PROVEN OTHERWISE, A
PRIMA FACIE PROOF OF KNOWLEDGE BY THE SENDER,
TRANSFERROR OR ISSUER OF THE FINANCING OF AN UNLAWFUL
ACT OR ACTIVITY.

“The penalty of twelve (12) years and one (1) day to twenty (20) years
of imprisonment and a fine ranging from One hundred thousand pesos (P
100,000.00) to Five hundred thousand pesos (P500,000.00) shall be
imposed upon any person, who acts as a "protector/coddler" of any violator
of the provisions under this Section.

"A PERSON IS PRESUMED A PROTECTOR OR CODDLER IF
HE/SHE KNOWS THE SELLER, TRADER, DISTRIBUTOR OR
VIOLATOR OF THIS SECTION AND HE/SHE USES _HIS/HER
INFLUENCE, POWER OR POSITION IN SHIELDING, HARBORING,
SCREENING OR FACILITATING THE ESCAPE OF SAID VIOLATOR. A
PERSON IS LIKEWISE PRESUMED A PROTECTOR OR CODDLER IF
HE/SHE HAS KNOWLEDGE OF OR HAS REASONABLE GROUND TO
BELIEVE OR TO SUSPECT THAT THE VIOLATOR IS A SELLER,
TRADER, OR DISTRIBUTOR OF DANGEROUS DRUGS AND/OR
CONTROLLED PRECURSORS AND ESSENTIAL CHEMICALS, AND
HE/SHE USES HIS/HER INFLUENCE, POWER OR POSITION IN
PREVENTING THE ARREST, PROSECUTION OR CONVICTION OF
THE VIOLATOR.

“A PERSON WHO SHIELDS, HARBORS, SCREENS OR
FACILITATES THE ESCAPE OF, OR PREVENTS THE ARREST,
PROSECUTION OR CONVICTION OF, THE SELLER, TRADER,
DISTRIBUTOR OR VIOLATOR OF THIS SECTION IS, UNLESS
PROVEN OTHERWISE, PRESUMED TO HAVE KNOWLEDGE OF OR
WILLFULLY CONSENTED TO, THE ILLEGAL SELLING, TRADING OR


DISTRIBUTION AND HAS USE HIS/HER INFLUENCE, POWER OR
POSITION IN DOING SO. EXCEPT WHEN IT IS DONE BY ANY
MEMBER OF THE VIOLATOR'S IMMEDIATE FAMILY OR HIS/HER
LEGAL COUNSEL, A PERSON WHO INTERCEDES AND/OR
REPRESENTS THE SAID VIOLATOR IS, UNLESS PROVEN
OTHERWISE, PRESUMED TO HAVE SHIELDED, HARBORED,
SCREENED OR FACILITATED THE ESCAPE OF, OR PREVENTED
THE ARREST, PROSECUTION OR CONVICTION OF THE VIOLATOR."

SEC. 4. Section 6 of the same Act is hereby amended to read as follows:

"SEC. 6. Maintenance of a Den, Dive or Resort. — The penalty of
life imprisonment to death and a fine ranging from Five hundred thousand
pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be
imposed upon any person or group of persons who shall maintain a den,
dive or resort [where any dangerous drug is used or sold in any form] AS
DEFINED UNDER THIS ACT.

ae Xan)
bree 33 184
xo Ces)

“If such den, dive or resort is owned by a third person, the same
shall be confiscated and escheated in favor of the government:
PROVIDED, THAT IN CASE THE OWNER OF SUCH PROPERTY IS A
PARTNERSHIP, CORPORATION, ASSOCIATION OR ANY JURIDICAL
ENTITY, THE PARTNER, PRESIDENT, DIRECTOR, MANAGER
TRUSTEE, ESTATE ADMINISTRATOR, OR OFFICER WHO
CONSENTS TO OR TOLERATES SUCH VIOLATION SHALL BE
CRIMINALLY LIABLE AS CO-PRINCIPAL: Provided, FURTHER, That
the criminal complaint shall specifically allege that such place is
intentionally used in the furtherance of the crime: Provided, [further]
FURTHERMORE, That the prosecution shall prove such intent on the
part of the owner, PARTNER, PRESIDENT, DIRECTOR, MANAGER,
TRUSTEE, ESTATE ADMINISTRATOR OR OFFICER OF THE
JURIDICAL ENTITY to use the property for such purpose: Provided,
finally, That the owner, PARTNER, PRESIDENT, DIRECTOR,
MANAGER, TRUSTEE, ESTATE ADMINISTRATOR OR OFFICER OF
THE JURIDICAL ENTITY shall be included as an accused in the criminal
complaint.

"FOR THE PURPOSE OF THIS SECTION, THE FOLLOWING
ARE PRESUMED:

ANY DEN, DIVE, RESORT |S PRESUMED
INTENTIONALLY USED FOR THE PURPOSE OF SELLING OR USING
DANGEROUS DRUGS AND/OR CONTROLLED PRECURSORS AND
ESSENTIAL CHEMICALS EVEN ON ONE OCCASION ONLY;

(B) _A PERSON IS PRESUMED AN _ OPERATOR,
MAINTAINER OR ADMINISTRATOR OF A DEN, DIVE OR RESORT IF
HE/SHE HAS ACTUAL OR CONSTRUCTIVE CONTROL AND
MANAGEMENT OF SUCH PREMISES; AND

(C) _ IF ANY PARAPHERNALIA OR INSTRUMENT SUITABLE
OR FIT FOR THE USE OR ADMINISTRATION OF ANY DANGEROUS:
DRUG IS FOUND IN A DEN, DIVE OR RESORT, IT IS PRESUMED
THAT THE PREMISES ARE USED FOR THE PURPOSE OF THE
ADMINISTRATION, SMOKING OR CONSUMPTION OF_ A
DANGEROUS DRUG BY A HUMAN BEING AND THAT THE
OPERATOR, MAINTAINER OR ADMINISTRATOR PERMITS SAID
PREMISES TO BE USED FOR SUCH PURPOSE.


“The maximum penalty provided for under this Section shall be
imposed upon any person who organizes, manages or acts as a
“financier” of any of the illegal activities prescribed in this Section.

“A PERSON IS PRESUMED A FINANCIER OF A DEN, DIVE OR
RESORT IF HE/SHE CAUSES THE PAYMENT, RAISES, PROVIDES
OR SUPPLIES MONEY FOR OR UNDERWRITES THE OPERATION
AND MAINTENANCE THEREOF. ANY EVIDENCE SHOWING THE
DELIVERY OR TRANSFER OF MONEY, OR DRAWING OR ISSUANCE
OF A CHECK, MONETARY INSTRUMENT, INVESTMENT OR
PROPERTY TO THE ACCOUNT, CUSTODY OR CONTROL OF THE
OPERATOR, MANAGER OR MAINTAINER OF A DEN, DIVE OR
RESORT IS, UNLESS PROVEN OTHERWISE, A PRIMA FACIE
PROOF OF THE SENDER'S, TRANSFERROR'S OR ISSUER'S
KNOWLEDGE OF FINANCING THE OPERATION AND
MAINTENANCE THEREOF.

“The penalty of twelve (12) years and one (1) day to twenty (20)
years of imprisonment and a fine ranging from One hundred thousand
pesos (P 100,000.00) to Five hundred thousand pesos (P500,000.00)
shall be imposed upon any person, who acts as a “protector/coddler" of
any violator of the provisions under this Section.

"A PERSON IS PRESUMED A PROTECTOR OR CODDLER IF
HE/SHE KNOWS THE OPERATOR, MAINTAINER, ADMINISTRATOR
OR MANAGER OF THE DEN, DIVE OR RESORT AND HE/SHE USES
HIS/HER INFLUENCE, POWER OR POSITION IN SHIELDING,
HARBORING, SCREENING OR FACILITATING THE ESCAPE OF THE
VIOLATOR. A PERSON IS LIKEWISE PRESUMED A PROTECTOR OR
CODDLER IF HE/SHE HAS KNOWLEDGE OF OR HAS REASONABLE
GROUND TO BELIEVE OR TO SUSPECT THAT THE SAID
OPERATOR, MAINTAINER, ADMINISTRATOR OR MANAGER
ACTUALLY OPERATES, MAINTAINS, ADMINISTERS OR MANAGES
ADEN, DIVE OR RESORT AND HE/SHE USES HIS/HER INFLUENCE,
POWER OR POSITION IN PREVENTING THE ARREST,
PROSECUTION OR CONVICTION OF THE VIOLATOR.

"UNLESS PROVEN OTHERWISE, A PERSON WHO SHIELDS,
HARBORS, SCREENS OR FACILITATES THE ESCAPE OF, OR
PREVENTS THE ARREST, PROSECUTION OR CONVICTION OF, AN
OPERATOR, MAINTAINER, ADMINISTRATOR OR MANAGER OF A
DEN, DIVE OR RESORT IS PRESUMED TO HAVE KNOWLEDGE OF,
OR HAVE WILLFULLY CONSENTED TO THE OPERATION, AND
MAINTENANCE OF A DEN, DIVE OR RESORT AND HE/SHE USES
HIS/HER INFLUENCE, POWER OR POSITION IN DOING THE SAME.
EXCEPT WHEN IT IS DONE BY ANY MEMBER OF THE OPERATOR'S,
MAINTAINER'S, ADMINISTRATOR'S OR MANAGER'S IMMEDIATE
FAMILY OR HIS/HER_ LEGAL COUNSEL, A PERSON WHO
INTERCEDES AND/OR REPRESENTS THE VIOLATOR IS, UNLESS
PROVEN OTHERWISE, PRESUMED TO HAVE SHIELDED,
HARBORED, SCREENED OR FACILITATED THE ESCAPE OF OR
PREVENTED THE ARREST, PROSECUTION OR CONVICTION OF
SAID OPERATOR, MAINTAINER, ADMINISTRATOR OR MANAGER."

SEC. 5. Section 8 of the same Act is hereby amended to read as follows:

"SEC. 8. Manufacture of Dangerous Drugs and/or Controlled
Precursors and Essential Chemicals. — The penalty of life imprisonment
to death and a fine ranging Five hundred thousand pesos (P500,000.00)


to Ten Million pesos (P10,000,000.00) shall be imposed upon any
person, who, unless authorized by law, shall engage in the manufacture
of any dangerous drug.

ones

“The presence of any controlled precursor and essential chemical
or laboratory equipment in the clandestine laboratory is a prima facie
proof of manufacture of any dangerous drug OR CONTROLLED
PRECURSORS AND ESSENTIAL CHEMICALS. It shall be considered
an aggravating circumstance if the clandestine laboratory is undertaken
or established under the following circumstances:

(ax x x

SS

(e)x x x

"ANY PERSON FOUND OR IS PRESENT WITHIN THE
PREMISES OF A CLANDESTINE LABORATORY OR THE PLACE
WHERE DANGEROUS DRUGS ARE MANUFACTURED, PRODUCED,
PREPARED, COMPOUNDED, PROCESSED, PACKED OR RE-
PACKED IS, UNLESS PROVEN OTHERWISE, PRESUMED
INVOLVED IN OR HAS PARTICIPATED IN MANUFACTURING OR
PRODUCING DANGEROUS DRUGS AND/OR CONTROLLED
PRECURSORS AND ESSENTIAL CHEMICALS.

“ANY _ EQUIPMENT, APPARATUS, PARAPHERNALIA
SUITABLE FOR THE USE, MANUFACTURE OR PRODUCTION OF
DANGEROUS DRUGS AND/OR CONTROLLED PRECURSORS AND
ESSENTIAL CHEMICALS FOUND IN A_ CLANDESTINE
LABORATORY, OR IN ANY OTHER PLACE OR PROPERTY, SHALL
BE PRESUMED PRIMA FACIE PROOF THAT SAID LABORATORY,
PLACE OR PROPERTY IS USED FOR THE PURPOSE OF
MANUFACTURE OR PRODUCTION OF ANY DANGEROUS DRUGS
ANDIOR CONTROLLED PRECURSORS AND _ ESSENTIAL
CHEMICALS, AND THAT THE PERSON WHO HAS THE ACTUAL OR
CONSTRUCTIVE CONTROL OR MANAGEMENT THEREOF PERMITS
SUCH PROPERTY TO BE USED FOR THE PURPOSE.

“The maximum penalty provided for under this Section shall be
imposed upon any person, who organizes, manages or acts as a
“financier” of any of the illegal activities prescribed in this Section.

"A PERSON IS PRESUMED A FINANCIER IF HE/SHE CAUSES
THE PAYMENT, RAISES, PROVIDES OR SUPPLIES THE MONEY
FOR, OR UNDERWRITES THE MANUFACTURE, PRODUCTION,
PREPARATION, COMPOUNDING OR PROCESSING OF
DANGEROUS DRUG AND CONTROLLED PRECURSORS AND
ESSENTIAL CHEMICALS. ANY EVIDENCE SHOWING DELIVERY OR
TRANSFER OF MONEY, OR DRAWING OR ISSUANCE OF A CHECK,
NEGOTIABLE OR NON-NEGOTIABLE INSTRUMENT OR DOCUMENT
TO THE ACCOUNT OR CUSTODY OF A PERSON OR ENTITY
KNOWN TO BE CONNECTED WITH OR WORKING FOR, A
MANUFACTURER, PRODUCER OR PROCESSOR OF DANGEROUS
DRUGS AND/OR CONTROLLED PRECURSORS AND ESSENTIAL
CHEMICALS IS, UNLESS PROVEN OTHERWISE, A PRIMA FACIE
PROOF OF THE SENDER'S, TRANSFERROR'S OR ISSUER'S
CONSENT OR KNOWLEDGE OF FINANCING THE VIOLATOR'S
UNLAWFUL ACTIVITIES.


"The penalty of twelve (12) years and one (1) day to twenty (20)
years of imprisonment and a fine ranging from One hundred thousand
pesos (P 100,000.00) to Five hundred thousand pesos (P500,000.00)
shall be imposed upon any person, who acts as a "protector/coddler of
any violator of the provisions under this Section.

“A PERSON IS PRESUMED A PROTECTOR OR CODDLER IF
HE/SHE KNOWS THE MANUFACTURER, PRODUCER OR
PROCESSOR OF ANY DANGEROUS DRUG AND/OR CONTROLLED
PRECURSOR AND ESSENTIAL CHEMICAL, AND HE/SHE USES
HIS/HER INFLUENCE, POWER OR POSITION TO SHIELD, HARBOR,
SCREEN OR FACILITATE THE ESCAPE OF SAID MANUFACTURER,
PRODUCER OR PROCESSOR. A PERSON IS LIKEWISE PRESUMED
A PROTECTOR OR CODDLER IF HE/SHE HAS KNOWLEDGE OF OR
HAS REASONABLE GROUND TO BELIEVE THAT ONE IS A
MANUFACTURER, PRODUCER OR PROCESSOR OF DANGEROUS
DRUGS AND/OR CONTROLLED PRECURSORS AND ESSENTIAL
CHEMICALS, AND HE/SHE USES HIS/HER INFLUENCE, POWER OR
POSITION IN PREVENTING THE ARREST, PROSECUTION OR
CONVICTION OF THE MANUFACTURER, PRODUCER OR
PROCESSOR.

“THE OFFENDER SHALL BE HELD LIABLE TO PAY THE COST
OF THE CLEAN UP OF THE CLANDESTINE LABORATORY ON THE
PROPERTY.

“IN ANY SALE OR LEASE OF PROPERTY, IT IS THE DUTY OF
THE OWNER OF RECORD OR HIS/HER AUTHORIZED
REPRESENTATIVE TO DISCLOSE ACTUAL KNOWLEDGE OF PRIOR
USE OF THE PROPERTY AS A CLANDESTINE LABORATORY TO
THE BUYER OR LESSEE. THE LESSOR MUST INCLUDE IN THE
LEASE CONTRACT A PROHIBITION THAT THE PROPERTY BEING
LEASED WILL NOT BE USED FOR THE ILLICIT MANUFACTURE OF
DANGEROUS DRUGS AND/OR CONTROLLED PRECURSORS AND
ESSENTIAL CHEMICALS IN VIOLATION OF THIS ACT."

SEC. 6. A new section denominated as Section 8-A is hereby inserted after
Section 8 of the same Act, to read as follows:

"SEC. 8-A. NEGLIGENT OWNER OR LESSOR OF PROPERTY
USED AS CLANDESTINE LABORATORY. - THE PENALTY OF
IMPRISONMENT RANGING FROM SIX (6) YEARS AND ONE (1) DAY
TO TWELVE (12) YEARS AND A FINE RANGING FROM FIVE
HUNDRED THOUSAND PESOS (P500,000.00) TO ONE MILLION
PESOS (P1,000,000.00) SHALL BE IMPOSED UPON THE OWNER OR
LESSOR OF A BUILDING, WAREHOUSE, OR ANY PROPERTY, OR IN
HIS/HER ABSENCE, THE DULY AUTHORIZED REPRESENTATIVE
WHO LEASES THE PROPERTY TO ANY PERSON BUT OMITS OR
FAILS TO ASCERTAIN, CHECK AND CONFIRM THAT THE
PROPERTY IS ACTUALLY USED FOR A LAWFUL PURPOSE, AND
WHICH PROPERTY IS FOUND TO HAVE BEEN ACTUALLY UTILIZED
AS CLANDESTINE LABORATORY OR USED IN THE MANUFACTURE
OR STORAGE OF DANGEROUS DRUGS, CONTROLLED
PRECURSORS AND ESSENTIAL CHEMICALS. THE MAXIMUM
PENALTY SHALL BE IMPOSED UPON THE OWNER OR LESSOR, OR
HIS/HER DULY AUTHORIZED REPRESENTATIVE WHO HAS
DISCOVERED THE ILLEGAL ACTIVITY BUT FAILED TO REPORT
THE SAME TO PROPER AUTHORITIES.


IF THE PROPERTY SUBJECT OF LEASE IS
GOVERNMENTOWNED, THE GOVERNMENT OFFICIALS AND
EMPLOYEES, WHO OMIT OR FAIL TO OBSERVE AND DISCHARGE
THE LEGAL OBLIGATION REQUIRED IN THE PRECEDING
PARAGRAPH SHALL SUFFER THE MAXIMUM PENALTY IN
ADDITION TO ABSOLUTE PERPETUAL DISQUALIFICATION FROM
ANY PUBLIC OFFICE.

IF THE PROPERTY SUBJECT OF LEASE IS OWNED BY A
PARTNERSHIP, CORPORATION, ASSOCIATION, OR ANY
JURIDICAL ENTITY, THE PERSON LIABLE TO THE PENALTY
PRESCRIBED IN THE FIRST PARAGRAPH OF THIS SECTION IS THE
CORPORATE OR ASSOCIATION PRESIDENT, CHIEF EXECUTIVE
OFFICER, CHIEF OPERATING OFFICER OR MANAGER, OR ANY
PARTNER IN A PARTNERSHIP, ANY MEMBER OF THE BOARD OF
DIRECTORS/TRUSTEES OF ANY CORPORATION OR
ASSOCIATION, ANY ESTATE EXECUTOR AND ADMINISTRATOR,
OR ANY OF THEIR DULY AUTHORIZED REPRESENTATIVE.

FOR PURPOSES OF THIS SECTION, THE PERSONS LIABLE
IN THE PRECEDING THREE (3) PARAGRAPHS HEREIN ARE,
UNLESS PROVEN OTHERWISE, PRESUMED TO HAVE GIVEN
THEIR CONSENT TO THE ILLEGAL USE OF THE LEASED
PROPERTY IF THEY FAIL TO VISIT AND INSPECT THE LEASED
PROPERTY AT LEAST ONCE EVERY QUARTER.

“THE VISITATION SHALL BE EVIDENCED BY AN AFFIDAVIT
TO BE EXECUTED WITHIN FIVE (5) DAYS FROM DATE OF
VISITATION AND INSPECTION, BY THE PRIVATE INDIVIDUAL,
CONCERNED GOVERNMENT OFFICIAL OR EMPLOYEE, OR
CONCERNED OFFICER OF THE PARTNERSHIP, CORPORATION,
ASSOCIATION, OR JURIDICAL ENTITY THAT OWNS THE
PROPERTY SUBJECT OF THE LEASE. THE AFFIDAVIT SHALL
CATEGORICALLY STATE THE FOLLOWING: (A) THE DATE WHEN
THE INSPECTION OF THE PROPERTY WAS MADE; (B) THE DETAILS
OF THE THINGS SEEN AND OBSERVED DURING THE INSPECTION;
AND (C) THE FACT THAT THE LEASED PREMISES ARE NOT BEING
USED FOR ANY UNLAWFUL PURPOSE, IF SUCH IS THE CASE. IT
SHALL BE SUBMITTED TO THE ADMINISTRATIVE BOARD CREATED
PURSUANT TO THE PROVISIONS OF PARAGRAPH 1, SECTION 52
OF THIS ACT WITHIN FIVE (5) WORKING DAYS FROM THE
EXECUTION OF SAID AFFIDAVIT. IN ADDITION, A COPY OF THE
LEASE CONTRACT AND THE SPECIAL POWER OF ATTORNEY OF
THE AUTHORIZED REPRESENTATIVE, IF ANY, SHALL ALSO BE
FILED WITH THE ADMINISTRATIVE BOARD AND THE CITY OR
MUNICIPAL ASSESSOR WITHIN FIVE (5) DAYS FROM EXECUTION
OF SAID CONTRACT.

THE FAILURE TO COMPLY WITH THE FOREGOING
MANDATORY REPORTORIAL REQUIREMENTS SHALL, UNLESS
PROVEN OTHERWISE, BE PRESUMED THAT NO SUCH VISITATION
WAS CONDUCTED ON THE LEASED PROPERTY FOR THE
DURATION OF THE COVERED PERIOD."


SEC. 7. Section | | of the same Act is hereby amended to read as follows:

"SEC. 11. Possession of Dangerous Drugs. — The penalty of life
imprisonment to death and a fine ranging from Five hundred thousand
pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be
imposed upon any person, who, unless authorized by law, shall possess
any dangerous drug in the following quantities, regardless of the degree

of purity thereof:
4(1) 10 grams or more of opium;
x x Xx

(8) x x x
"Otherwise, if the quantity involved is less than the foregoing
quantities, the penalties shall be graduated as follows:
“i) x x x
EX aX
“( x xX Xx
"(4) IMPRISONMENT OF SIX (6) YEARS AND ONE (1) DAY TO
TWELVE (12) YEARS AND A FINE RANGING FROM FIFTY
THOUSAND PESOS (P50,000.00) TO TWO HUNDRED THOUSAND
PESOS (P200,000.00), IF THE QUANTITIES OF DANGEROUS
DRUGS ARE LESS THAN TWO (2) GRAMS OF OPIUM, MORPHINE,
HEROIN, COCAINE OR COCAINE HYDROCHLORIDE, MARIJUANA
RESIN OR MARNUANA RESIN OIL, METHAMPHETAMINE
HYDROCHLORIDE OR "SHABU" OR OTHER DANGEROUS DRUGS,
INCLUDING MDMA OR "ECSTASY," PMA, TMA, LSD, GHB, AND
THOSE SIMILARLY DESIGNED OR'NEWLY INTRODUCED DRUGS
AND THEIR DERIVATIVES, WITHOUT HAVING ANY THERAPEUTIC
REQUIREMENT, OR LESS THAN FIFTY (50) GRAMS OF MARIJUANA.

"FOR THE PURPOSE OF THIS SECTION, THE FOLLOWING
ARE PRESUMED:
(A) DANGEROUS DRUGS OR SIMILAR SUBSTANCES
FOUND TO BE CONCEALED IN ANY PROPERTY SHALL BE
PRESUMED, UNTIL THE CONTRARY IS PROVEN, THAT THE
SAID DRUGS OR SIMILAR SUBSTANCES ARE_IN THE
POSSESSION OF AND/OR CONCEALED WITH THE
KNOWLEDGE OF THE PERSON WHO HAS OR APPEARS TO
HAVE THE EXCLUSIVE CONTROL OR MANAGEMENT
THEREOF;

(B) _ DANGEROUS DRUGS FOUND CONCEALED IN ANY
COMPARTMENT THAT IS SPECIALLY CONSTRUCTED FOR
THE PURPOSE ON ANY PREMISE, VEHICLE, VESSEL OR ANY
KIND OF TRANSPORTATION SHALL, UNTIL THE CONTRARY
IS PROVEN, BE PRESUMED TO HAVE BEEN POSSESSED
AND/OR CONCEALED WITH THE KNOWLEDGE OF THE
OCCUPANT, ADMINISTRATOR, OWNER OR PERSON IN-
CHARGE OF THE PROPERTY;

(C) SUBJECT TO THE PROVISIONS OF SECTION 5 OF
THIS ACT, ANY PERSON FOUND IN POSSESSION OF ANY
DANGEROUS DRUG IN THE FOLLOWING QUANTITY OR
WEIGHT, REGARDLESS OF PURITY, IS PRESUMED TO HAVE
BEEN ENGAGED IN SELLING, TRADING, DISPENSATION,
ADMINISTRATION, DELIVERY, DISTRIBUTION AND/OR
TRANSPORTATION OF DANGEROUS DRUGS:
(1) 200 GRAMS OR MORE OF SHABU, COCAINE,
COCAINE HYDROCHLORIDE, OPIUM, HEROINE,
MORPHINE, MARIJUANA RESIN OR MARIJUANA RESIN


OIL, OR OTHER DANGEROUS DRUGS SUCH AS MDMA
OR "ECSTASY," PMA, TMA, LSD, GHB, AND THOSE
SIMILARLY DESIGNED OR NEWLY INTRODUCED
DRUGS AND THEIR DERIVATIVES; AND.

(2) 500 GRAMS OR MORE OF MARIJUANA."

SEC. 8. Anew section denominated as Section 11-A is hereby inserted
after Section 11 of the same Act, to read as follows:

“SEC. I-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 A FINE RANGING FROM ONE HUNDRED
THOUSAND PESOS (P 100,000.00) 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 CONTROLLED PRECURSORS AND
ESSENTIAL CHEMICALS, KNOWING, OR UNDER CIRCUMSTANCES
WHERE ONE REASONABLY KNOWS THAT THESE MAY 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 PROVIDED IN THIS SECTION."

SEC.9. Section 12 of the same Act is hereby amended to read as follows:

"SEC, 12. Possession of Equipment, Instrument, Apparatus and Other
Paraphernalia for Dangerous Drugs. —x x x

“The possession of such equipment, instrument, apparatus and
other paraphernalia fit or intended for any of the purposes enumerated in
the preceding paragraph shall be prima facie evidence that the possessor
has smoked, consumed, administered to himselfiherseff, injected,
ingested or Used a dangerous drug and shall be presumed to have
violated Section 15 of this Act, UNLESS HE/SHE VOLUNTARILY
SUBMITS TO A DRUG TEST TO BE CONDUCTED BY A HOSPITAL,
DOCTOR OR MEDICAL PRACTITIONER, UNDER THE SUPERVISION
OF, OR ACCREDITED BY, THE DEPARTMENT OF HEALTH FOR THIS
PURPOSE, AND IN THE PRESENCE OF, AND WITNESSED BY, A
REPRESENTATIVE EACH FROM THE MEDIA AND THE NEAREST
REGIONAL TRIAL COURT IN THE CITY OR PROVINCE OF THE
PLACE OF INCIDENT, WITHIN TWENTY-FOUR (24) HOURS FROM
APPREHENSION, AND THE RESULT THEREOF IS NEGATIVE. IF
THE RESULT OF HIS/HER VOLUNTARY DRUG TEST IS POSITIVE,
AFTER CONFIRMATORY TEST, THE PROVISIONS OF SECTION 15
OF THIS ACT SHALL APPLY.”

SEC. 10. A new section denominated as Section 12-A is hereby inserted after
Section 12 of the same Act, to read as follows:

"SEC. 12-A. POSSESSION OF LABORA TORY EQUIPMENT,
FOR THE ILLICIT MANUFACTURE OF DANGEROUS DRUGS AND/OR
CONTROLLED PRECURSORS AND ESSENTIAL CHEMICALS. - 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 (P500,000.00), SHALL BE


IMPOSED UPON ANY PERSON WHO POSSESSES, OR HAS UNDER
HIS/HER CONTROL, ANY LABORATORY EQUIPMENT, INCLUDING
REACTION VESSEL, ENCAPSULATING MACHINES, TABLETING
MACHINES, ROTARY EVAPORATORS, LABORATORY EQUIPMENT
WITH A CAPACITY FOR LARGE VOLUME PRODUCTION SUCH AS
ROUND BOTTOM FLASKS OF TWENTY-FIVE (25) LITRES OR ABOVE
AND RELATED CONDENSERS, SEPARATING FUNNELS AND
HEATING APPARATUS, KNOWING, OR UNDER CIRCUMSTANCES
WHERE ONE REASONABLY KNOWS THAT THESE MAY 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."

SEC. 11. Section 13 of the same Act is hereby amended to read as follows:

"SEC. 13. Possession of Dangerous Drugs During Parties, Social
Gatherings or Meetings. —Any person found possessing any dangerous
drug during a party, or at a social gathering or meeting, or in the
proximate company of at least two (2) persons, shall suffer the [maximum
penalties provided for in Section 11 of this Act] PENALTY OF LIFE
IMPRISONMENT TO DEATH AND A_FINE OF FIVE_HUNDRED
THOUSAND PESOS (P500,000.00) TO TEN MILLION PESOS
(P10,000,000.00) regardless ‘of the quantity and purity of such
dangerous drugs."

SEC. 12. Section 15 of the same Act is hereby amended to read as follows:

"SEC. 15. Use of Dangerous Drugs AND CONTROLLED
PRECURSORS AND ESSENTIAL CHEMICALS. - A_ person
apprehended or arrested, who is found to be positive for use of any
dangerous drug OR CONTROLLED PRECURSOR AND ESSENTIAL
CHEMICAL AND A DRUG DEPENDENT, after a confirmatory test]
AND A DEPENDENCY EXAMINATION, shall be imposed a penalty of a
minimum of six (6) months TREATMENT AND AFTER CARE
rehabilitation in a government center for the first offense, subject to the
provisions of Article VIII of this Act. IF FOUND TO BE NOT A DRUG
DEPENDENT, HE/SHE SHALL SUFFER THE PENALTY OF
IMPRISONMENT RANGING FROM SIX (6) MONTHS AND ONE (1)
DAY TO SIX (6) YEARS AND A FINE RANGING FROM TEN
THOUSAND PESOS (P10,000.00) 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 (|) day to twelve (12) years and a fine ranging
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 ILA of this Act, in which case the provisions stated
therein shall apply.

“ANY PERSON APPREHENDED UNDER THIS SECTION IS
PRESUMED TO HAVE USED A DANGEROUS DRUG IF HE/SHE HAS
SOME PHYSICAL MANIFESTATION OF BEING A DANGEROUS
DRUG USER AND HE/SHE REFUSES TO SUBMIT TO A DRUG TEST
WITHIN A PERIOD OF TWENTY-FOUR (24) HOURS FROM
APPREHENSION. THE ARRESTING OFFICER SHALL INFORM THE


SUSPECT ORALLY AND IN WRITING ABOUT THE PRESUMPTION IF
HE/SHE DOES NOT PROMPTLY AND VOLUNTARILY SUBMIT TO A
DRUG TEST. THIS PRESUMPTION, HOWEVER, SHALL BE
OVERTURNED BY A NEGATIVE RESULT OF THE TEST TO BE
CONDUCTED BY ANY HOSPITAL, DOCTOR. OR MEDICAL
PRACTITIONER UNDER THE SUPERVISION OF, OR ACCREDITED
BY, THE DEPARTMENT OF HEALTH FOR THIS PURPOSE, IN THE
PRESENCE OF SAID PERSON'S REPRESENTATIVE AND HIS/HER
COUNSEL OF CHOICE OR ANY LAWYER AVAILABLE IF HE HAS NO
COUNSEL OF CHOICE. THE TEST SHALL LIKEWISE BE WITNESSED
BY AT LEAST ONE REPRESENTATIVE EACH FROM LOCAL OR
NATIONAL MEDIA ORGANIZATION AND FROM THE NEAREST
REGIONAL TRIAL COURT IN THE CITY OR PROVINCE OF THE
PLACE OF APPREHENSION.

“POSSESSION OF ANY INSTRUMENT, APPARATUS OR
PARAPHERNALIA FIT OR INTENDED FOR ANY OF THE PURPOSES
ENUMERATED IN SECTION 12 OF THIS ACT BY ANY PERSON
SUSPECTED OR APPREHENDED FOR USING DANGEROUS DRUGS
SHALL BE A PRIMA FACIE EVIDENCE THAT THE POSSESSOR HAS
SMOKED, CONSUMED, ADMINISTERED TO HIMSELF/HERSELF,
INJECTED, INGESTED OR USED A DANGEROUS DRUG."

SEC. 13. Section 16 of the same Act is hereby amended to read as follows:

"SEC. 16. Cultivation or Culture of Plants Classified as Dangerous
Drugs or are Sources Thereof. —x x x

“The land or portions thereof and/or greenhouses on which any of
said plants is cultivated or cultured shall be confiscated and escheated in
favor of the State, unless the owner thereof can prove lack of knowledge
of such cultivation or culture despite the exercise of due diligence on
his/her part. If the land involved is part of the public domain, the maximum
penalty provided for under this Section shall be imposed upon the
offender. FOR ESCHEAT PURPOSES UNDER THIS ACT, THE
SUPREME COURT SHALL PROMULGATE THE RULES OF
PROCEDURE GOVERNING THE SAME.

“The maximum penalty provided for under this Section shall be
imposed upon any person, who organizes, manages or acts as a
“financier” of any of the illegal activities prescribed in this Section.

“A PERSON IS PRESUMED A FINANCIER OF THE VIOLATOR
OF THIS SECTION IF HE/SHE CAUSES THE PAYMENT, RAISES,
PROVIDES OR SUPPLIES THE MONEY FOR OR UNDERWRITES
THE PLANTING, MAINTENANCE AND OPERATION OF ANY
PLANTATION, FARM OR PLACE OF CULTIVATION OR CULTURE OF
ANY PLANT CLASSIFIED AS DANGEROUS DRUGS OR SOURCE
THEREOF. ANY EVIDENCE SHOWING THE DELIVERY OR
TRANSFER OF MONEY, OR DRAWING OR ISSUANCE OF A CHECK,
MONETARY INSTRUMENT OR INVESTMENT TO THE ACCOUNT,
CONTROL OR CUSTODY OF A PERSON OR ENTITY KNOWN TO BE,
CONNECTED WITH OR WORKING FOR, THE VIOLATOR OF THIS
SECTION IS, UNLESS PROVEN OTHERWISE, A PRIMA FACIE
PROOF THAT THE SENDER, TRANSFEROR OR ISSUER IS
FINANCING THE VIOLATOR'S ILLEGAL ACTIVITIES.

“The penalty of twelve (12) years and one (|) day to twenty (20)
years of imprisonment and a fine ranging from One hundred thousand
pesos (P 100,000.00) to Five hundred thousand pesos (P500,000.00)


shall be imposed upon any person, who acts as a "protector/coddler" of
any violator of the provisions under this Section.

"A PERSON IS PRESUMED A CODDLER OR PROTECTOR IF
HE/SHE KNOWS THE CULTIVATOR, PRODUCER OR VIOLATOR OF
THIS SECTION AND HE/SHE USES HIS/HER INFLUENCE, POWER
OR POSITION IN PREVENTING THE COLLECTION OF EVIDENCE
WITHOUT ANY JUSTIFIABLE REASON OR GROUNDS, SHIELDING,
HARBORING, SCREENING OR FACILITATING THE ESCAPE OF SAID
VIOLATOR. A PERSON IS LIKEWISE PRESUMED A PROTECTOR OR
CODDLER IF HE/SHE HAS KNOWLEDGE OF OR HAS REASONABLE
GROUND TO BELIEVE THAT ONE IS A CULTIVATOR, PLANTER,
PRODUCER OF PLANTS CLASSIFIED AS DANGEROUS DRUGS OR
SOURCE THEREOF, AND HE/SHE USES HIS/HER INFLUENCE,
POWER OR POSITION IN PREVENTING THE ARREST,
PROSECUTION OR CONVICTION OF SUCH CULTIVATOR, PLANTER
OR PRODUCER.

"ANY ACT OF THE PROTECTOR OR CODDLER OF
SHIELDING, HARBORING, SCREENING OR FACILITATING THE
ESCAPE OF, OR IN PREVENTING THE ARREST, PROSECUTION OR
CONVICTION OF THE VIOLATOR OF THIS SECTION IS, UNLESS
PROVEN OTHERWISE, PRIMA FACIE PROOF THAT THE
PROTECTOR OR CODDLER HAS KNOWLEDGE OF, OR
CONSENTED TO, THE CULTIVATION OR PRODUCTION OF PLANTS
CLASSIFIED AS DANGEROUS DRUGS OR SOURCE THEREOF, AND
HE/SHE IS PRESUMED FURTHER TO HAVE USED HIS/HER
INFLUENCE, POWER OR POSITION IN DOING THE SAME. EXCEPT
WHEN IT IS DONE BY ANY MEMBER OF THE VIOLATOR'S
IMMEDIATE FAMILY OR HIS/HER LEGAL COUNSEL, ANY PERSON
WHO INTERCEDES AND/OR REPRESENTS THE SAID VIOLATORS,
UNLESS PROVEN OTHERWISE, PRESUMED TO HAVE SHIELDED,
HARBORED, SCREENED OR FACILITATED THE ESCAPE OF OR
PREVENTED THE ARREST, PROSECUTION OR CONVICTION OF
THE VIOLATOR.”

SEC. 14. Section 20 of the same Act is hereby amended to read as follows:

"SEC. 20. Confiscation and Forfeiture of the Proceeds or
Instruments of the Unlawful Act, Including the Properties or Proceeds
Derived from the Illegal Trafficking of Dangerous Drugs and/or
Precursors and Essential Chemicals. —x x x

hi 3 x x

"During the pendency of the case in the Regional Trial Court, no
property, or income derived therefrom, which may be confiscated and
forfeited, shall be disposed, alienated or transferred and the same shall be
in custodia legis and no bond shall be admitted for the release of the same.
THE PROHIBITION PROVIDED HEREIN SHALL NOT APPLY TO ANY
FIREARM, EXPLOSIVE OR WEAPON WHICH SHALL BE
CONFISCATED, FORFEITED AND DISPOSED OF IMMEDIATELY BY
THE COURT IN FAVOR OF THE GOVERNMENT, FOR THE USE OF
THE PHILIPPINE DRUG ENFORCEMENT AGENCY (PDEA) OR OTHER
LAW ENFORCEMENT AGENCIES INVOLVED IN FIGHTING ILLEGAL
DRUG TRAFFICKING.

Me x"

SEC. 15. Section 21 of the same Act, are hereby amended to read as follows:


"SEC. 21. Custody and Disposition of Confiscated, Seized, and/or
Surrendered Dangerous Drugs, Plant Sources of Dangerous Drugs,
Controlled Precursors and Essential Chemicals,
Instruments/Paraphernalia and/or Laboratory Equipment. — x x x

(1) ex x

"(2) Within twenty-four (24) 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 A LABORATORY IS MADE, THE PDEA
SHALL, WITHIN REASONABLE TIME, DO THE PROPER DISPOSAL OF
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 MAY NOT 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 WASTES SHALL
BE SEPARATELY PHOTOGRAPHED AND INVENTORIED.

£3), xtc

"(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 drugs, plant sources of dangerous
drugs, and controlled precursors and essential chemicals, including the
instruments/paraphernalia and/or laboratory equipment, and through the
PDEA shall within twenty-four (24) hours thereafter proceed with the
destruction or burning of the same, in the presence of the accused or the
person/s from whom such items were confiscated and/or seized, or his
representative or counsel, a representative from the media and the DOJ,
civil society groups and any elected public official. THE PROPERTY
FROM WHERE THE CLANDESTINELY MANUFACTURED DRUGS
AND/OR CONTROLLED PRECURSORS AND ESSENTIAL
CHEMICALS WERE SEIZED SHALL BE CLEANED UP UNDER THE
SUPERVISION OF THE BOARD, IN COOPERATION WITH THE
DEPARTMENT OF HEALTH, DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES AND LOCAL GOVERNMENT UNIT. The
Board shall draw up guidelines on the manner of proper disposition and
destruction of such item/s, INCLUDING THE CLEAN UP OF THE
CLANDESTINE LABORATORY, which shall be borne by the offender. IN
THE CASE OF THE CLEAN UP OF THE CLANDESTINE
LABORATORY, THE LESSOR OF THE PROPERTY OR OWNER OF
RECORD SHALL ALSO BEAR THE COST, UNLESS THE LESSOR OF
THE PROPERTY OR OWNER OF RECORD EACH PROVES LACK OF
KNOWLEDGE OF SUCH CLANDESTINE MANUFACTURE: [Provided,
That those item/s of lawful commerce, as determined by the Board, shall
be donated, used or recycled for legitimate purposes:] Provided, [further,]
That a representative sample, duly weighed and recorded is retained;

* x x

SEC. 16. Section 22 of the same Act 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. THE COMPUTATION OF
MONETARY REWARD SHALL BE BASED ON ONE HUNDRED
PERCENT (100%) PURITY OF THE DANGEROUS DRUGS AND/OR
CONTROLLED PRECURSORS AND ESSENTIAL CHEMICALS
BASED ON QUANTITATIVE AND QUALITATIVE EXAMINATIONS
CONDUCTED BY THE FORENSIC LABORATORY EXAMINER
WITHIN TWENTY-FOUR (24) HOURS AFTER RECEIPT OF SEIZED
ITEMS."

SEC. 17. Section 26 of the same Act is hereby amended to read as follows:

"SEC. 26. Attempt or 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:

“@) x x x

xX x x

“e) x x x
“(F) CHEMICAL DIVERSION."
SEC. 18. Section 29 of the same Act is hereby amended to read as follows:

"SEC. 29. Criminal Liability for Planting of Evidence. — Any person
who is found guilty of "planting" any dangerous drug and/or controlled
precursor and essential chemical, regardless of quantity and purity, shall
suffer the penalty of death.

“A DEFENSE OF 'PLANTING EVIDENCE’ INTERPOSED AND
PLEADED BY ANY PERSON CHARGED FOR VIOLATION OF ANY OF
THE UNLAWFUL ACTS PRESCRIBED IN THIS ACT IS PRESUMED TO
BE A COMPLAINT AGAINST THE LAW ENFORCER/S OR PRIVATE
INDIVIDUALIS INVOLVED IN THE ARREST, SEARCH AND SEIZURE.

"AS SOON AS THE ALLEGED PLANTING OF EVIDENCE HAS
BEEN INTERPOSED AND/OR PLEADED BEFORE OR DURING THE
PROSECUTION OF THE CASE AGAINST THE ACCUSED, THE
COURT WHERE THE CASE IS PENDING SHALL CAUSE THE PUBLIC
PROSECUTOR ASSIGNED IN SAID_ COURT TO CONDUCT
PRELIMINARY INVESTIGATION FOR THE VIOLATION OF THIS
SECTION AND FILE THE CORRESPONDING INFORMATION. IN THE
MEANTIME, THE PROCEEDINGS OF THE CASE SHALL BE
SUSPENDED UNTIL THE PRELIMINARY INVESTIGATION IS
CONCLUDED AND RESOLVED IN ACCORDANCE WITH THE
PROCEDURES ENUNCIATED IN SECTION 90 OF THIS ACT. IF THE
INFORMATION IS FILED FOR THE CRIME OF "PLANTING OF
EVIDENCE," THE LAW ENFORCER OR ANY PRIVATE INDIVIDUAL
INVOLVED SHALL BE ARRAIGNED AND THE CASE SHALL BE TRIED
JOINTLY WITH THAT OF THE COMPLAINING ACCUSED.

"ANY PERSON WHO IS CHARGED AND PROSECUTED FOR
ALLEGEDLY PUTTING OR PLACING ANY DANGEROUS DRUG OR
SIMILAR SUBSTANCE AND/OR PUTTING OR PLACING ANY DRUG
EQUIPMENT, INSTRUMENT OR PARAPHERNALIA ON THE PERSON
OR IMMEDIATE PREMISES OF ANY ACCUSED/SUSPECT, SHALL BE
PRESUMED TO HAVE PUT, PLACED, OR PLANTED THE SAID
EVIDENCE IF THE RULES OF PROCEDURE AND/OR ENGAGEMENT
FOR ARREST, SEARCH AND SEIZURE HAVE NOT BEEN COMPLIED

WITH."


SEC. 19. Section 33 of the same Act is hereby amended to read as follows:

"SEC. 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 Republic Act No. 6981
or the Witness Protection Security and Benefit Act of 1991, any person
who has violated Sections 7, [11] 11(3), 11(4), IKA,12, 12-A, 14 and [19]
45, Article Il of this Act, who voluntarily gives information about any
violation of Sections 4, 5, 6, 8, 10, 13 and 16, Article Il of this Act as welll
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 or 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 reference 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:

x x x

SEC. 20. Anew section denominated ag Section 33-A is hereby inserted after

Section 33 of the same Act, to read ac follows:

"SEC. 33-A. IMMUNITY FROM PROSECUTION UNDER OTHER
CIRCUMSTANCES, MINIMUM PENALTY ANO COMMUTATION OF
SENTENCE. - ANY PERSON CHARGED FOR ANY OFFENSE UNDER
THIS ACT ANO WHOIS NOT QUALIFIED FOR IMMUNITY UNDER THE
PRECEDING SECTION 33 MAY APPLY FOR IMMUNITY FROM
PROSECUTION UNDER THIS SECTION IF HE/SHE IS WILLING TO
REVEAL THE IOENTITY ANO PARTICIPATION OF PERSONS
INVOLVED FOR VIOLATIONS OF SECTIONS 4, 5, 6, 8, IO ANO 16 OF
ARTICLE Il OF THIS ACT, INCLUDING THE VIOLATOR'S
FINANCIERS, PROTECTORS OR CODDLERS.

"THE GRANT OF THE APPLICATION FOR IMMUNITY IS
CONDITIONED UPON THE ARREST ANO PROSECUTION OF
ANYONE, SOME OR ALL OF THE PERSONS HE/SHE NAMED OR
IDENTIFIED, THE WILLINGNESS FROM HIS/HER PART TO TESTIFY
AGAINST THE PERSON/S HE/SHE NAMED OR IDENTIFIED, HE/SHE
DOES NOT APPEAR TO BE THE MOST GUILTY FOR THE OFFENSE
TO WHICH HIS/HER INFORMATION OR TESTIMONY IS GIVEN, AND
THE CONCURRENCE OF THE FOLLOWING:

(A) THE INFORMATION ANO TESTIMONY ARE NECESSARY
FOR THE CONVICTION OF THE PERSONS HE/SHE NAMED OR
IDENTIFIED;

(B) SUCH INFOMARTION ANO TESTIMONY ARE NOT YET
IN THE POSSESSION OF THE STATE;

(C) | SUCH INFORMATION ANO TESTIMONY CAN BE
CORROBORATED ON ITS MATERIAL POINTS,

(D) 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 ANO TESTIMONY OF SAID INFORMANT OR
WINTESS; AND

(E) THE INFORMANT OR WITNESS SHALL, WITHOUT DELAY,
STRICTLY ANO FAITHFULLY COMPLY WITH ANY CONDITION OR
UNDERTAKING LAWFULLY IMPOSED BY THE STATE AS FURTHER
CONSIDERATION FOR THE GRANT OF IMMUNITY FROM
PROSECUTION ANO PUNISHMENT.


“IF HE/SHE SATISFIES THE ABOVE CONDITIONS FOR THE
GRANT OF IMMIINITY, THE APPLICANT MAY BE QUALIFIED FOR
ANO BE PLACED UNDER THE WITNESS PROTECTION PROGRAM.

“IF NONE OF THE PERSON/S HE/SHE NAMED OR IDENTIFIED
HAS BEEN ARRESTED ANO CHARGED, THE PROSECUTION OF
THE CASE SHALL PROCEED, BUT THE COURT SHALL SUSPEND
PROMULGATION OF JUDGEMENT FOR A PERIOD NOT EXCEEDING
SIX (6) MONTHS FROM THE DATE HIS/HER CASE IS SUBMITTED
FOR DECISION. THE COURT, HOWEVER, IS BOUND TO RENDER
JUDGEMENT OF THE ACCUSED REQUEST FOR EARLY DECISION.

“THE COURT SHALL RENDER A DECISION IF THE PERSON
HE/SHE NAMED OR IDENTIFIED REMAINS AT-LARGE AFTER THE
LAPSE OF THE ORIGINAL OR EXTENDED PERIOD. IF HE/SHE IS
FOUND GUILTY, THE COURT SHALL IMPOSE ONLY THE MINIMUM
PENALTY FOR THE OFFENSE CHARGED OR PROVEN. HOWEVER,
HE/SHE MAY BE CALLED LATER AS WITNESS FOR THE
PROSECUTION, WITH HIS/HER EXPRESS CONSENT, IN THE
EVENT THAT ONE, SOME OR ALL THE PERSONS HE/SHE NAMED
OR IDENTIFIED HAS OR HAVE BEEN APPREHENDED AND
CHARGED IN COURT FOR VIOLATION OF SECTIONS 4, 5, 6, 8, 10
AND 16 OF THIS ACT. IF HE/SHE HAS TESTIFIED FOR THE
PROSECUTION, HIS/HER SENTENCE MAY BE REDUCED, OR
HE/SHE MAY BE CONSIDERED TO HAVE FULLY SERVED HIS/HER
SENTENCE AND MAY BE RELEASED IMMEDIATELY, AT THE
DISCRETION OF THE COURT."

SEC. 21. Section 36 of the same Act is hereby amended to read as follows:

"SEC. 36. Authorized Drug Testing. — Authorized drug testing
shall be done by any government forensic laboratories or by any of the
drug testing laboratories accredited and monitored by the DOH to
safeguard the quality of test results. The DOH shall take steps in setting
the price of the drug test with DOH accredited drug testing centers to
further reduce the cost of such drug test. The drug testing shall employ,
among others, [two 2] testing methods THAT INCLUDE THE
FOLLOWING | DRUGS: CANNABIS, COCAINE, —_ OPIATES,
AMPHETAMINES, METHAMPHENTAMINE, PHENCYCLIDINE AND
OTHER DRUGS AS DETERMINED BY THE BOARD TO BE
PREVALENT AT THE TIME, the screening test which will determine the
positive result as well as the type of the drug used and confirmatory test
which will confirm a positive screening test. Drug test certificates issued
by acoredited drug testing centers shall be valid for a [one-year] THREE-
MONTH period from the date of issue which may be used for other
purposes. The following shall be subjected to undergo drug testing:

“a x x x

es
“gx x x

"(H) PROFESSIONAL AND NON-PROFESSIONAL ATHLETES.
ALL ATHLETES, PROFFESSIONAL AND NON-PROFESSIONAL, IN
ANY KIND OF SPORT, SHALL UNDERGO A MANDATORY DRUG
TEST TWICE A YEAR. ANY ATHLETE FOUND POSITIVE FOR USE
OF DANGEROUS DRUGS SHALL BE SUSPENDED SUBJECT TO
FURTHER INVESTIGATION BY APPROPRIATE GOVERNMENT
AGENCIES.

Goes «5


SEC. 22. Section 51 of the same Act is hereby amended to read as follows:

"SEC. 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 AND/OR CHEMICAL dependents.”

SEC. 23. The Title of Article Vill and Sections 54, 55, 56, 57, 58, 59, 60, 61, 62,
63, 64, 68, 72, 73, 74, 75 and 76 of the same Article are hereby amended by deleting
the words "drug dependent" wherever they appear and replacing them with the words
"DRUG AND/OR CHEMICAL DEPENDENT."

SEC. 24. Section 78 of the same Act is hereby amended to read as follows:

“SEC. 78. Composition of the Board. — The Board shall be
composed of [seventeen (17)] TWENTY (20) members wherein three (3)
of [which] WHOM are permanent members, the other [twelve (12)]
FIFTEEN (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, 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 shalll have the rank
of undersecretary, one (1) shall serve for four (4) years and the other for
two (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-
offcio members ofthe 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;
Secretary of the Department of the Interior and Local
Government or his/her AUTHORIZED representative;
Secretary of the Department of Social Welfare and
Development or his/her AUTHORIZED representative;
Secretary of the Department of Foreign Affairs or his/her
AUTHORIZED representative;
Secretary of the Department of Education or his/her
AUTHORIZED representative;
40) Chairman of the Commission on Higher Education or
his/her representative;


(11) Chairman of the National Youth Commission OR HIS/HER
AUTHORIZED REPRESENTATIVE; [and]
(12)Director General of the Philippine Drug Enforcement
Agency
[] OR HIS/HER AUTHORIZED REPRESENTATIVE;
(13)SECRETARY = OF THE DEPARTMENT OF
TRANSPORTATION OR HIS/HER AUTHORIZED REPRESENTATIVE;
(14)SECRETARY OF THE DEPARTMENT OF BUDGET AND
MANAGEMENT OR HIS/HER AUTHORIZED REPRESENTATIVE;
(15)EXECUTIVE DIRECTOR OF THE DANGEROUS DRUGS
BOARD.

“[Cabinet secretaries who are] EX-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 RIGHTS 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
HIS/HER AUTHORIZED REPRESENTATIVE, and

(b) The chairman or president of a non-government organization
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] EX-OFFICIO consultants of the Board, and [shall] MAY
attend all the meetings of the Board.

“THE BOARD MAY ENGAGE THE SERVICES OF
CONSULTANTS WHO ARE PRESUMED 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 per diem for every meeting actually attended
subject to the pertinent budgetary laws, rules and regulations on
compensation, honoraria and allowances: Provided, That where the
Tepresentative of an ex-officio member or of the [permanent] consultant
of the Board attends a meeting in behalf of the latter, such PERMANENT
representatives shall be entitled to receive the per diem."

SEC. 25. Section 79 of the same Act is hereby amended to read as follows:

"SEC. 79. Meetings of the Board. — The Board shall meet once a
[week] MONTH or as often as necessary at the [discretion] CALL of the
Chairman or [at the call 00 any four (4) other members. The presence of
[nine (9)] ELEVEN (11) members shall constitute a quorum."

SEC. 26. Section 80 of the same Act is hereby amended to read as follows:

"SEC. 80. Secretariat of the Board. — x x x

ie 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, namely: Policy
Studies, Research and Statistics; Preventive Education, Training and


Information; Legal Affairs; and the Administrative and Financial
Management.”

SEC. 27. Section 82 of Republic Act No. 9165 is hereby amended to read
as follows:

"SEC. 82. Creation of the Philippine Drug Enforcement Agency
(PDEA).- x x x

"The PDEA shall be headed by a Director General with the rank of
Undersecretary, who shall be responsible for the general administration
and management of the Agency. The Director General 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/she must possess
adequate knowledge, training and experience in the field of dangerous
drugs, CONTROLLED PRECURSORS AND ESSENTIAL CHEMICALS
CONTROL, and in any of the following fields: law enforcement, [law,
medicine, criminology, psychology or social work] CRIMINAL POLICING,
LEGAL AND PROSECUTION, CRIMINOLOGY, AND INTELLIGENCE
AND SECURITY ADMINISTRATION. HE/SHE MUST ALSO POSSESS.
A POSTGRADUATE DEGREE, AND MUST POSSESS 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 two (2) deputies director
general shall likewise be appointed by the President of the Philippines
Upon recommendation OF THE DIRECTOR GENERAL OF THE PDEA
AND CONCURRENCE of the Board. 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 PERCENT
(25%) OF MONTHLY SALARY SHALL BE GRANTED TO OFFICIALS,
AGENTS, INVESTIGATORS AND OTHER PERSONNEL OF THE PDEA
WHOSE GEOGRAPHICAL ASSIGNMENT OR FUNCTIONAL MISSION
EXPOSE THEM TO GREATER DANGER OR RISK, SUBJECT TO
ACCOUNTING AND AUDITING REQUIREMENTS.”

SEC. 28. Section 84 of the same Act is hereby amended to read as follows:

"SEC. 84. — Powers and Duties of the PDEA. — The PDEA
shall:

“a x x x
me Mee is

‘(hie xe x

"(g) [Recommend to the DOJ the forfeiture of properties and other
assets of persons and/or corporations found to be violating the provisions
of this Act and in accordance with the pertinent provisions of the Anti-
Money- Laundering Act_of 2001.1 COORDINATE AND SUBMIT
CONFIDENTIAL REPORTS WITH APPROPRIATE
RECOMMENDATIONS TO THE ANTIMONEY LAUNDERING COUNCIL
(AMLC) FOR THE ISSUANCE OF A FREEZE ORDER, FOR THE
INITIATION OF APPROPRIATE SEIZURE OR FORFEITURE
PROCEEDING AND FOR THE INVESTIGATION, INSPECTION OR


EXAMINATION OF ANY FINANCIAL TRANSACTION, INVESTMENT
OR ASSET IN ANY BANK OR FINANCIAL INTERMEDIARY OF ANY
PERSON SUSPECTED OR APPREHENDED FOR VIOLATING
SECTIONS 4, 5, 6, 8, 9, 10, 12, 13, 14 AND 16 OF THIS ACT.

THE CONFIDENTIAL REPORT OR RECOMMENDATION THAT
IS_ BASED ON RELIABLE AND VERIFIED INTELLIGENCE
INFORMATION SHALL CONTAIN THE NAME OR IDENTITY OF THE
SUSPECT AND OTHER RELEVANT INFORMATION. IT SHALL
RENDER THE PERSONAL AND RELATED TRANSACTIONS OF THE
SUSPECT SUSPICIOUS TRANSACTIONS AS DEFINED UNDER
SECTION 3(B-1) IN RELATION TO SECTION 4 OF REPUBLIC ACT
NO. 9160, AS AMENDED, OTHERWISE KNOWN AS THE "ANTI-
MONEY LAUNDERING ACT OF 2001. " IT SHALL HAVE THE SAME
EFFECT IN THE CASE OF AREPORT OR RECOMMENDATION MADE
UPON ALL PERSONAL AND RELATED TRANSACTIONS OF A
PERSON ARRESTED OR APPREHENDED.

“PROPER COORDINATION AND EXCHANGE OF
INFORMATION WITH THE AMLC SHALL BE UNDERTAKEN TO
SUBSTANTIATE CHARGES, STRENGTHEN THE CASE, AND/OR
SUPPORT THE PROSECUTION AGAINST THE PERSON SUBJECT
OF THE REPORT OR RECOMMENDATION;

“( * x x
(i) x x x

"(4) SUBJECT TO THE PROVISIONS OF REPUBLIC ACT NO.
4200, ENTITLED "AN ACT TO PROHIBIT AND PENALIZE WIRE
TAPPING AND OTHER RELATED VIOLATIONS OF THE PRIVACY OF
COMMUNICATION, AND FOR OTHER PURPOSES," MONITOR ANY
MESSAGE, COMMUNICATION OR CONVERSATION TRANSMITTED
OR RECEIVED THROUGH WIRELESS OR _ DIGITAL
TELECOMMUNICATION, ON-LINE, INTERNET, CYBER OR
WHATEVER OTHER MEANS OF COMMUNICATION IF IT
CONSIDERS THAT SAID MESSAGE, COMMUNICATION OR
CONVERSATION IS CONNECTED TO THE COMMISSION OF ANY OF
THE UNLAWFUL ACTS OR ACTIVITIES PRESCRIBED IN THIS ACT
OR TO AN ACT PREPARATORY TO, OR FOR THE PURPOSE OF
COMMITTING SAID UNLAWFUL ACTS OR ACTIVITIES. FOR THIS
PURPOSE, THE PDEA SHALL ORGANIZE A SPECIAL UNIT OR
OFFICE UNDER ITS INTELLIGENCE AND _ INVESTIGATION
SERVICES TO MONITOR, BY THE USE OF ELECTRONIC DEVICE,
ALL ACTIVITIES OF ANY PERSON ENGAGED IN IMPORTATION,
EXPORTATION, MANUFACTURE, PLANTATION, CULTIVATION,
SELLING, PUSHING, TRADING, TRANSPORTATION OR
DISTRIBUTION OF ILLEGAL DRUGS OR SIMILAR SUBSTANCES,
AND THEIR FINANCIERS, PROTECTORS OR CODDLERS.

"SUBJECT TO THE PROVISIONS OF REPUBLIC ACT NO. 4200,
ANY INFORMATION GATHERED OR OBTAINED IN THE COURSE OF
VALID MONITORING MENTIONED INTHE PRECEDING
PARAGRAPH, WHETHER BEFORE OR AFTER THE SUBJECT
PERSON IS CHARGED FOR VIOLATION OF THIS ACT, MAY BE
USED IN EVIDENCE AGAINST HIM.

™ x Xx

“Wo x x x

"(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 PROGRAMS, and


implement applicable provisions of intemational_conventions and
agreements related to dangerous drugs AND CONTROLLED
PRECURSORS AND ESSENTIAL CHEMICALS to which the Philippines
is a signatory;

™~ x x

(0) [Require all government and private hospitals, clinics, doctors,
dentists and other practitioners to submit a report to it, in coordination
with the Board, about all dangerous drugs and/or controlled precursors
and essential ‘chemicals which they have attended to for data and
information purposes]. CONDUCT REGULATORY COMPLIANCE
INSPECTION AND DANGEROUS DRUGS AND/OR CONTROLLED
PRECURSORS AND ESSENTIAL CHEMICALS DIVERSION
CONTROL PROGRAM AND
INVESTIGATION;

“”* x x
(xix
“(8) DEPUTIZE QUALIFIED PERSONNEL AND/OR UNITS OF
OTHER DEPARTMENT, BUREAU, OFFICE, AGENCY, OR LOCAL
GOVERNMENT UNITS TO ASSIST IN A MORE RESOLUTE
IMPLEMENTATION OF THIS ACT.”

SEC. 29. Section 85 of Republic Act No. 9165 is hereby amended to read
as follows:

"SEC. 85. The PDEA Academy. — Upon approval of the Board,
the PDEA Academy shall be established either in Baguio or Tagaytay
City and in such other places as may be necessary. The PDEA Academy
shall be responsible in the recruitment and training of all PDEA agents
and personnel. The Board shall provide for the qualifications of its recruits
who must be at least twenty-one (21) years old, of proven integrity and
honesty and a Baccalaureate degree holder. UNTIL SUCH TIME THAT
A FUNCTIONAL PDEA ACADEMY IS ESTABLISHED, PDEA IS
AUTHORIZED TO CONDUCT ITS TRAINING IN ANY EXISTING
TRAINING ACADEMY OR INSTITUTION OR FACILITY OPERATED BY
ANY DEPARTMENT, BUREAU, OFFICE, AGENCY OR
INSTRUMENTALITY OF THE GOVERNMENT, SUBJECT TO PRIOR
CONSULTATION WITH AND AGREEMENT OF THE PARTIES
CONCERNED.

ie SR
SEC. 30. Section 86 of Republic Act No. 9165 is hereby amended to read
as follows:
"SEC. 86. Transfer, Absorption, and Integration of All Operating
Units on Illegal Drugs into the PDEA and Transitory Provisions. — x x x
ey oe Eee
THE HEADS OF THE 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 THE REQUEST OF THE DIRECTOR
GENERAL OF PDEA FOR A PERIOD NOT EXCEEDING FIVE (5)
YEARS: PROVIDED, THAT THE DETAIL SERVICE WITH PDEA SHALL
BE CONSIDERED AS CAREER SERVICE CONNECTED: PROVIDED,
FURTHER, THAT AUTHORIZATION FOR THE DETAIL SERVICE
FROM OTHER AGENCIES TO PDEA SHALL CEASE WHEN PDEA IS
ABLE TO RECRUIT A MINIMUM OF THREE THOUSAND (3,000)


ORGANIC PDEA AGENTS: PROVIDED, FINALLY, THAT THE
PERSONNEL ON DETAIL SHALL BE GIVEN THE OPTION TO JOIN
THE PDEA, SUBJECT TO PERTINENT LAWS, CIVIL SERVICE RULES
AND REGULATIONS, AND THE QUALIFICATION REQUIREMENTS
OF THE PDEA.

xi

SEC. 31. Section 87 of the same Act is hereby amended to read as follows:

"SEC. 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 not 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 the general fund for the implementation of this Act: Provided, That
EXCEPT AS OTHERWISE ALLOWED ELSEWHERE IN THIS ACT, no
amount shall be disbursed to cover operating expenses of the Board and
other concerned agencies: PROVIDED, FURTHER, THAT PDEA SHALL
RETAIN THE TOTAL COLLECTION FOR DRUGS AND CHEMICAL
FEES AND CHARGES TO FUND THE COMPLIANCE AND DIVERSION
CONTROL PROGRAM, PDEA ACADEMY DEVELOPMENT
PROGRAM, AND FORENSIC LABORATORY DEVELOPMENT
PROGRAM OTHER THAN WHAT IS PROVIDED FOR IN THE
GENERAL APPROPRIATIONS ACT: Provided [further] FINALLY, That
at least fifty percent (50%) of all the funds, EXCEPT FEES AND
CHARGES COLLECTED BY PDEA, shall be reserved for assistance to
government-owned and/or operated rehabilitation centers.
x x x

SEC. 32. Section 92 of the same Act is hereby amended to read as follows:

"SEC. 92. Delay and Bungling in the Prosecution of Drug Cases.
— Any government officer or employee tasked with the prosecution of
drugrelated cases under this Act, who, through patent laxity, inexcusable
neglect, unreasonable delay or deliberately causes the unsuccessful
prosecution and/or dismissal of the said drug cases, shall suffer the
penalty of imprisonment ranging from twelve (12) years and one (I) day
to twenty (20) years without prejudice to his/her prosecution under the
pertinent provisions of the Revised Penal Code.

THE ACQUITTAL OR DISMISSAL OF ANY DRUG-RELATED
CASE IS PRESUMED BUNGLING IN THE PROSECUTION OF SAID
CASE. UNLESS PROVEN OTHERWISE, A DECISION OF THE COURT
DISMISSING OR ACQUITTING A CASE PROSECUTED UNDER THIS
ACT IS PRESUMED THAT THE CASE HAS BEEN UNSUCCESSFULLY
PROSECUTED AND THE GOVERNMENT PROSECUTOR, LAW
ENFORCER, OFFICER OR EMPLOYEE INVOLVED IN THE
PROSECUTION THEREOF DELIBERATELY CAUSED THE
Wietegscsaut PROSECUTION AND/OR DISMISSAL OF THE SAID
CASE.

"THE TRIAL COURT OR APPELLATE/REVIEWING COURT
THAT RENDERS THE JUDGMENT OF ACQUITTAL OR ISSUES THE
ORDER OF DISMISSAL SHALL FURNISH A COPY THEREOF TO THE
CIVIL SERVICE COMMISSION AND TO THE OFFICE OF THE
OMBUDSMAN, WHICH — SHALL PROMPTLY CONDUCT
APPROPRIATE ADMINISTRATIVE INVESTIGATION WITHIN A
PERIOD OF FIVE (5) DAYS FROM RECEIPT THEREOF. THE


INVESTIGATION SHALL, IF WARRANTED, INCLUDE THE
IMPOSITION OF APPROPRIATE ADMINISTRATIVE SANCTION AND
THE FILING OF PROPER CRIMINAL ACTION FOR THE VIOLATION
OF THIS SECTION."

SEC. 33. Section 93 of the same Act is hereby amended to read as follows:

"SEC. 93. Reclassification, Addition or Removal 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 PRECURSORS AND ESSENTIAL
CHEMICALS. THE BOARD MAY ONLY REMOVE FROM SUCH LISTS,
ANY OF THE DANGEROUS DRUG AND/OR CONTROLLED
PRECURSOR AND ESSENTIAL CHEMICAL THAT IT HAD ADDED, BY
REGULATION, BUT NOT LISTED IN THE SCHEDULES UNDER
INTERNATIONAL CONTROL SET BY THE 1961 SINGLE
CONVENTION ON NARCOTIC DRUGS, AS AMENDED BY THE 1972
PROTOCOL, 1971 CONVENTION ON _ PSYCHOTROPIC
SUBSTANCES AND 1988 CONVENTION AGAINST ILLICIT 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 ESSENTIAL CHEMICALS FROM
ANY SPECIFIC PROVISION OF THE REGULATION UNDER THIS
‘ACT: PROVIDED, THAT SUCH DANGEROUS DRUG PREPARATION
OR ANY DRUG PREPARATION CONTAINING CONTROLLED
PRECURSORS AND ESSENTIAL CHEMICALS IS REGISTERED WITH
THE BUREAU OF FOOD AND DRUGS AS A DRUG, AND PRODUCTS
CONTAINING THE CONTROLLED PRECURSORS AND ESSENTIAL
CHEMICALS ARE LEGITIMATELY TRADED AND SOLD
COMMERCIALLY. Proceedings to reclassify, add, or remove a drug,
CHEMICAL or other substance, 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, CHEMICAL OR OTHER SUBSTANCE, a medical society or
association, a pharmacy association, A CHEMICAL ASSOCIATION, a
public interest group concerned with drug OR CHEMICAL abuse, a
national or local government agency, or an individual citizen. When a
petition is received by the Board, it shall immediately begin its own
investigation of the drug OR CHEMICAL OR SUBSTANCE. The PDEA
also may begin an investigation of a drug, 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 the 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 regarding
the drug, CHEMICAL or other substance;

(4) EVIDENCE AND history [and] OF current pattern
of abuse, ILLICIT TRAFFIC AND DIVERSION OF SUCH

SUBSTANCE;


(ce) The scope, duration, and significance of abuse,

ILLICIT
TRAFFIC AND DIVERSION;

(f) Risk to public health; [and]
(g) | Whether the substance is an immediate precursor of

a substance already controlled under this Act;

(H) TOXICOLOGY, INCLUDING ADVERSE REACTIONS IN
HUMANS;

() 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
SUBSTANCE MAY NOT BE RECOVERED BY READILY APPLICABLE
MEANS 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;

(Kk) | WHETHER THE DRUG OR GROUP OF DRUGS IS
FORMULATED IN SUCH A WAY THAT IT MAY NOT BE EASILY USED
IN THE ILLICIT PRODUCTION OF A DANGEROUS DRUG; AND

(L) WHETHER THE CONTROLLED PRECURSOR AND
ESSENTIAL CHEMICAL MAY BE READILY RECOVERED FROM THE
DRUG OR GROUPS OF DRUGS OR CHEMICAL MIXTURE OR END
PRODUCT CONTAINING THE CHEMICAL.

"The Board shall take 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, 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 OR
PROVIDING INTERESTED PARTIES WITH DUE NOTICES. THE
BOARI
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
TWO (2) WEEKS.

“The effect of such reclassification, addition or removal FROM THE
LISTS OF DANGEROUS DRUGS  AND/OR CONTROLLED
PRECURSORS AND ESSENTIAL CHEMICALS, OR EXEMPTION
FROM ANY PRESCRIBED REGULATION shall be as follows:

(a) _ Incase a dangerous drug is reclassified as CONTROLLED
precursors and essential chemicals, the penalties for the violations of this
Act involving [the two latter 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 precursor and essential
chemical 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) _ Incase of the addition of a new drug OR CHEMICAL to the
list of dangerous drugs [and] OR CONTROLLED precursors and
essential chemicals, no criminal liability involving the same under this Act
shall arise until after the lapse of fifteen (1) days from the last publication
of such notice;


(d) Incase 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 the 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 forthwith be dismissed; [and]

(ce) [The Board shall, within five (5) days from the date of its
promulgation submit to Congress a detailed reclassification, addition, or
removal of any drug from the list of dangerous drugs.] 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; AND

(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, CHEMICAL OR OTHER SUBSTANCE FROM THE LISTS OF
DANGEROUS DRUGS AND/OR CONTROLLED PRECURSORS AND
ESSENTIAL CHEMICALS, AND EXEMPTIONS.

SEC. 34. Section 101 of the same Act is hereby amended to read as follows:

"SEC. 101. [Amending] AMENDATORY Clause. - Republic Act
No. 7659 AND PRESIDENTIAL DECREE NO. 1619 [is] ARE hereby
amended accordingly."

SEC. 35. Separability Clause. — Should any provision of this Act or any part
thereof be declared invalid, the other provisions, insofar as they are separable from
the invalid one, shall remain in full force and effect.

SEC. 36. Repealing Clause. — Alll laws, orders, issuances, rules and
regulations or parts thereof inconsistent with this Act are hereby repealed or modified
accordingly.

SEC. 37. Effectivity. — This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation.

Approved.