Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

TWENTIETH CONGRESS
First Regular Session

House Bill No. 3 71

Introduced by Representative Richard I. Gomez, DPA

EXPLANATORY NOTE

In the 19th Congress, this representation had the honor of spearheading the technical working
group (TWG) in which 12 house bills with proposed amendments to Republic Act No. 9165 or the
Dangerous Drugs Act of 2002, were thoroughly presented, discussed. deliberated and resolved among
concemed members of the House of Representatives and representatives of various government
agencies including the Dangerous Drugs Board, Philippine Drug Enforcement Agency, the Philippine
National Police, the Department of Justice and others.

The overarching direction of this consolidated bill is to strengthen RA 9165's drug prevention
in the country by adding provisions that would enhance law enforcement. The following are some of
the salient points of this consolidated amendments bill:

© Inclusion of exportation of dangerous drugs in the roster of prohibited acts
© Addition of more context to the definition of “protector/coddler” for all prohibited acts, to
include use of influence, power or position to prevent arrest, prosecution or conviction of
violators
© Inclusion of provisions when violating entity is a juridical entity
Reduction of quantities of illegal drugs and analogues considered as “possession”
Stricter provisions on the use of a den, dive or resort in the conduct of illegal drug activities,
especially in the identification of its financier, owner, operator and coddler/protector
Provision for the proper disposal of confiscated items, within 48 hours of seizure
Addition of the imposition of higher penalty for alien offenders of RA 9165
Addition of provision of immunity to whistleblowers
Mandating LGUs to allocate at least 1% of its budget for Anti-Drug Abuse Councils and
supporting offices

To date, drug abuse and the drug trade continue to weigh down the country’s socio-economic
development. It is therefore imperative that our drug laws be amended to facilitate better


implementation and effectiveness.

In view of the foregoing, I humbly call for the swift passing of this bill.

{CHARDI.G

PA


Republic of the Philippines
HOUSE OF REPRESENTATIVES

Quezon City

TWENTIETH CONGRESS
First Regular Session

371

HOUSE BILL NO.

Introduced by Representative Richard I. Gomez, DPA

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:

“@ x ox x
x ox x
“ x ox x

“(C-1) ANALOGUES CHEMICAL SUBSTANCE DEPENDENCE. - A
CONDITION OF MENTAL AND/OR MENTAL AND PHYSICAL
DEPENDENCE ON ANY CONTROLLED PRECURSOR AND ESSENTIAL
CHEMICAL OR VOLATILE SUBSTANCE, WHETHER ORGANIC OR
MANUFACTURED, 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 x

“(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, AND SUBSTANCES WHICH SHALL BE
HEREINAFTER ADDED TO THE LIST OF CONTROLLED
PRECURSORS AND ESSENTIAL CHEMICALS, PURSUANT TO
SECTION 93 OF THIS ACT OR ANY DERIVATIVE, MIXTURE, OR


PREPARATION CONTAINING SUCH CONTROLLED PRECURSORS
AND ESSENTIAL CHEMICALS OR ARE SOURCED THEREFROM
WHICH ARE PRESUMED TO FALL WITHIN THE AMBIT THEREOF.
x x Xx

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, AND SUBSTANCES WHICH SHALL BE HEREINAFTER ADDED TO
THE LIST OF DANGEROUS DRUGS, PURSUANT TO SECTION 93 OF
THIS ACT OR ANY DERIVATIVE, MIXTURE, AND PREPARATION
CONTAINING SUCH DANGEROUS DRUGS OR ARE SOURCED
THEREFROM WHICH ARE PRESUMED TO FALL WITHIN THE
AMBIT THEREOF.
“x x x

“(© ‘Mlegal 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 ox

“(DD-2) PROPERTY. — ANY 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 STRUCTURES.

“(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 OR conviction of the violator.

x ox x
“kk) x xx

“(LL) WASTE. — ANY REFUSE, GARBAGE, OR OTHER DISCARDED
MATERIAL, EITHER SOLID OR LIQUID.”

“(MM) SURRENDERER — ANY INDIVIDUAL WHO IS CLAIMING TO BE
A PERSON WHO USES DRUGS AND/OR A DRUG DEALER OR PUSHER
WHO SURRENDERS TO ANY OFFICER/S OR MEMBER‘S OF EITHER
THE PHILIPPINE DRUG ENFORCEMENT AGENCY (PDEA), NATIONAL


BUREAU OF INVESTIGATION (NBI), OR THE PHILIPP!
POLICE (PNP).”

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 (P10,000,000.00) shail 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.

“FOR PURPOSES OF THIS SECTION, AN IMPORTATION OR
EXPORTATION IS AUTHORIZED WHEN COVERED BY A LICENSE AND
PERMIT, WHENEVER APPLICABLE, ISSUED BY THE REGULATORY
AGENCY CONCERNED PURSUANT TO THE RELEVANT REGULATION
ISSUED BY THE DANGEROUS DRUGS BOARD.”

“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 (500,000.00) 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 PURCHASE
ORDER, MEMORANDUM RECEIPT, DELIVERY RECEIPT, BILL OF
LADING, OR ANY SIMILAR DOCUMENT CONTAINING INFORMATION
RELATED TO OR IN CONNECTION WITH IMPORTATION OR
EXPORTATION TO OR FROM THE PHILIPPINES DANGEROUS DRUGS
AND/OR CONTROLLED PRECURSORS OR ESSENTIAL CHEMICALS IS,
UNTIL PROVEN OTHERWISE, PRESUMED TO HAVE IMPORTED OR
EXPORTED THE DANGEROUS DRUGS AND/OR CONTROLLED
PRECURSORS OR 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 TO BE 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 OR 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 OR 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 OR 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 (P100,000.00) 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 PRECURSORS 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 OR ESSENTIAL CHEMICALS,
AND HE/SHE USES HIS/HER INFLUENCE, POWER OR POSITION TO
SHIELD, HARBOR, SCREEN OR FACILITATE THE ESCAPE OF SAID
TMPORTER 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 OR 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
OR 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
(P10,000,000.00) 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.
“x

Pare
Pry

x
“~K

“UNLESS PROVEN OTHERWISE, ANY PERSON FOUND OR IS
PRESENT WITHIN THE IMMEDIATE VICINITY OF THE AREA 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.

“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 OR PROVIDES OR SUPPLIES MONEY FOR, OR
UNDERWRITES THE SALE, TRADING OR DISTRIBUTION OF
DANGEROUS DRUGS AND/OR CONTROLLED PRECURSORS OR
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 OR
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 (P100,000.00) to
Five hundred thousand pesos (500,000.00) 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 OR_ 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 USED HIS/HER
INFLUENCE, POWER OR POSITION IN DOING SO. EXCEPT WHEN IT IS
DONE BY ANY MEMBER OR MEMBERS OF THE VIOLATOR’S
IMMEDIATE FAMILY OR THEIR 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, NATURAL AND JURIDICAL who shall maintain a den, dive
or resort AS DEFINED UNDER THIS ACT.

K OX x
x x
~ x x

“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 spccifically allege that such
place is intentionally used in the furtherance of the crime: Provided,
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:

“(A) ANY DEN, DIVE, RESORT IS PRESUMED INTENTIONALLY
USED FOR THE PURPOSE OF SELLING OR USING DANGEROUS DRUGS
AND/OR CONTROLLED PRECURSORS OR 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 KNOWLEDGE OF
FINANCING THE OPERATION AND MAINTENANCE THEREOF BY THE
SENDER, TRANSFEROR, OR ISSUER.

“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 (P100,000.00) 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 A DEN, 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 OR MEMBERS OF THE IMMEDIATE FAMILY OF THE
OPERATOR, MAINTAINER, ADMINISTRATOR OR MANAGER OR THEIR
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
OR 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.

a4 x x

“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 OR ESSENTIAL
CHEMICALS. It shall be considered an aggravating circumstance if the clandestine
laboratory is undertaken or established under the following circumstances:

(@) x x x
x ox Xx
@ 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

10


PARTICIPATED IN MANUFACTURING OR PRODUCING DANGEROUS
DRUGS AND/OR CONTROLLED PRECURSORS OR’ ESSENTIAL
CHEMICALS.

“ANY EQUIPMENT, APPARATUS, PARAPHERNALIA SUITABLE
FOR THE USE, MANUFACTURE OR PRODUCTION OF DANGEROUS
DRUGS AND/OR CONTROLLED PRECURSORS OR 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 AND/OR CONTROLLED PRECURSORS OR
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 OR 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 OR
ESSENTIAL CHEMICALS IS, UNLESS PROVEN OTHERWISE, A PRIMA
FACIE PROOF OF THE CONSENT OR KNOWLEDGE OF FINANCING THE
VIOLATOR’S UNLAWFUL ACTIVITIES BY THE SENDER, TRANSFERROR
OR ISSUER.

“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 (P100,000.00) 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 OR
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

11


PROCESSOR OF DANGEROUS DRUGS AND/OR CONTROLLED
PRECURSORS OR 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 STIPULATION
THAT THE PROPERTY BEING LEASED WILL NOT BE USED FOR THE
ILLICIT MANUFACTURE OF DANGEROUS DRUGS AND/OR
CONTROLLED PRECURSORS OR ESSENTIAL CHEMICALS IN
VIOLATION OF THIS ACT.”

SEC. 6. Section 10 of the same Act is hereby amended to read as follows:

“SEC. 10. Manufacture [or], Delivery, OR POSSESSION of
LABORATORY Equipment, Instrument, Apparatus, and Other Paraphernalia for
THE ILLICIT MANUFACTURE OF Dangerous Drugs and/or Controlled
Precursors OR 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 shall deliver, possess with intent to deliver, or
manufacture with intent to deliver 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, instrument, apparatus and other paraphernalia for dangerous drugs
AND/OR CONTROLLED PRECURSORS OR ESSENTIAL CHEMICALS,
knowing, or under circumstances where one reasonably should know, that THESE will
be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert,
produce, process, prepare, test, analyze, pack, repack, store, contain or conceal any
dangerous drug and/or controlled precursor and essential chemical in violation of this
Act.

The penalty of imprisonment ranging from six (6) months and one (1) day to four (4)
years and a fine ranging from Ten thousand pesos (P 10,000.00) to Fifty thousand pesos
(P50,000.00) shall be imposed if it will be used to inject, ingest, inhale or otherwise
introduce into the human body a dangerous drug in violation of this Act.

12


The maximum penalty provided for under this Section shall be imposed upon any
person, who uses a minor or a mentally incapacitated individual to deliver such
equipment, instrument, apparatus and other paraphernalia for dangerous drugs.”

SEC. 7. Section 11 of the same Act is hereby amended to read as follows:

“SEC. 11. Possession of Dangerous Drugs OR ITS ANALOGUES. - 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:

“(1) 10 grams or more of opium;

x x x

“(8) x x x

“Otherwise, if the quantity involved is less than the foregoing quantities, the
penalties shall be graduated as follows:

“lox ox x

x Xx x

“(3) Imprisonment of twelve (12) years and one (1) day to twenty (20) years and a
fine ranging from Three hundred thousand pesos (P300,000.00) to Four hundred thousand
pesos (P400,000.00), if the quantities of dangerous drugs are TWO GRAMS OR MORE BUT
less than five (5) 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, methylenedioxymethamphetamine (MDMA) or
“ecstasy”, paramethoxyamphetamine (PMA), trimethoxyamphetamine (TMA), lysergic acid
diethylamine (LSD), gamma hydroxybutyrate (GHB), and those similarly designed or newly
introduced drugs and their derivatives, without having any therapeutic value or if the quantity
possessed is far beyond therapeutic requirements; or FIFTY (50) GRAMS OR MORE BUT
less than three hundred (300) grams of marijuana.

“(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 MARIJUANA RESIN OIL,
METHAMPHETAMINE HYDROCHLORIDE OR “SHABU” OR OTHER
DANGEROUS DRUGS, INCLUDING MDMA OR “ECSTASY,” PMA, TMA,
LSD, GHB, GAMMA BUTYROLACTONE (GBL), 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 FOUND TO BE CONCEALED IN AN

ENCLOSED PRIVATE PROPERTY SHALL BE PRESUMED, UNTIL
THE CONTRARY IS PROVEN, THAT THE SAID DRUGS ARE IN THE

13


POSSESSION OF AND/OR CONCEALED WITH THE KNOWLEDGE
OF THE PERSON WHO HAS ACTUAL CONTROL THEREOF;

“(B) DANGEROUS DRUGS FOUND CONCEALED IN ANY
COMPARTMENT THAT IS SPECIALLY CONSTRUCTED FOR THE
PURPOSE ON ANY BUILDING, REAL PROPERTY, VEHICLE,
VESSEL OR ANY KIND OF TRANSPORTATION OR PERSONAL
PROPERTY; 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:

“()_ 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 DANGEROUS DRUGS
AND THEIR DERIVATIVES WHICH INCLUDE ANALOGUES;
AND

“(2) 500 GRAMS OR MORE OF MARIJUANA.”

SEC. 8. A new section denominated as Section 11-A is hereby inserted after Section 11

of the same Act, to read as follows:

“SEC. 11-A. POSSESSION OF CONTROLLED PRECURSORS OR
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 HAS 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.”

14


“FOR PURPOSES OF THIS SECTION, AN IMPORTATION OR
EXPORTATION IS AUTHORIZED WHEN COVERED BY A LICENSE AND
PERMIT, WHENEVER APPLICABLE, ISSUED BY THE PHILIPPINE DRUG
ENFORCEMENT AGENCY PURSUANT TO THE RELEVANT
REGULATION ISSUED BY THE DANGEROUS DRUGS BOARD.”

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 himself/herself, 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 IN A
GOVERNMENT FORENSIC LABORATORY OR DOH ACCREDITED
HOSPITALS, CLINICS OR DRUG TESTING LABORATORY FOR THIS
PURPOSE, WITHIN TWENTY-FOUR (24) HOURS FROM APPREHENSION,
AND THE RESULT THEREOF IS NEGATIVE. IF THE RESULT OF HIS/HER
DRUG TEST IS POSITIVE, THE PROVISIONS OF SECTION 15 OF THIS
ACT SHALL APPLY.”

“IF THE EQUIPMENT, INSTRUMENT, APPARATUS, AND OTHER
PARAPHERNALIA IS FOUND TO BE FIT FOR USE OR HAS BEEN USED IN
THE ILLICIT MANUFACTURE OF DANGEROUS DRUGS AND/OR
CONTROLLED PRECURSORS OR ESSENTIAL CHEMICALS, THE
PENALTY SHALL BE FROM FOUR (4) YEARS AND ONE (1) DAY
IMPRISONMENT TO TWELVE (12) YEARS IMPRISONMENT.”

SEC. 10. Section 15 of the same Act is hereby amended to read as follows:

“SEC. 15. Use of Dangerous Drugs AND CONTROLLED PRECURSORS OR
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, after a confirmatory test AND FOUND TO BE WITH
SEVERE DEPENDENCE AFTER THE CONDUCT OF DRUG DEPENDENCY
EXAMINATION SHALL BE ORDERED TO UNDERGO A MINIMUM OF SIX
MONTHS REHABILITATION IN A GOVERNMENT CENTER FOR THE
FIRST OFFENCE PROVIDED, THAT A CONVICTED PERSON WITH
MODERATE DRUG AND/OR CHEMICAL DEPENDENCY MAY BE PLACED
UNDER A FACILITY BASED OUT-PATIENT PROGRAM UNDER THE
CARE OF DOH- ACCREDITED PROVIDERS WHILE THOSE FOUND WITH
MILD DEPENDENCIES SHALL BE REFERRED TO COMMUNITY-BASED
DRUG REHABILITATION (CBDR) PROGRAMS UNDER THE TRAINED
CBDR IMPLEMENTORS OF THE LOCAL GOVERNMENT UNIT, SUBJECT
TO THE PROVISION OF ARTICLE 8 OF THIS ACT OR A DEPENDENCY
EXAMINATION, shall be imposed a penalty of a minimum of six (6) months TO
EIGHTEEN (18) MONTHS IN-PATIENT TREATMENT AND AFTER CARE

15


rehabilitation PROGRAM TO BE DETERMINED BY A PHYSICIAN WHICH
SHALL START AFTER THE RELEASE OF THE DRUG DEPENDENT FROM
THE REHABILITATION CENTER 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 (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):
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 OR OF ANY
CONTROLLED PRECURSORS OR ESSENTIAL CHEMICALS IN WHICH
CASE THE PROVISION OF SECTION 25 OF THIS ACT AND OTHER PENAL
PROVISIONS PROVIDED HEREIN SHALL APPLY.”

ANY PERSON APPREHENDED UNDER THIS ACT SHALL BE
SUBJECTED TO DRUG TEST TO DETERMINE WHETHER OR NOT HE IS.
A DRUG DEPENDENT AND ITS EXTENT. 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.

“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.”

“ANY PERSON WHO TESTED POSITIVE FOR USE OF DANGEROUS
DRUGS PURSUANT TO THE TESTING CONDUCTED UNDER SECTION 36
SHALL BE MADE TO UNDERGO THE FOREGOING PROCEDURES”

SEC. 11. 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.— xxx

16


“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 THE LAND OR PORTIONS THEREOF AND/OR GREENHOUSES
ON WHICH ANY OF SAID PLANTS IS CULTIVATED OR CULTURED
SHALL BE CONFISCATED AND FORFEITED.

“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 (1) day to twenty (20) years of
imprisonment 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
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

17


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
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. 12. 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 Ilegal
Trafficking of Dangerous Drugs and/or Precursors and Essential Chemicals. - x x

x

% 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 ENFORCEMENT OF AGENCIES ENGAGED IN THE
ENFORCEMENT OF THE PROVISIONS OF THIS ACT.

“~ x x”

SEC. 13. Section 21 of the same Act, is hereby further 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. xxx

“(1) The apprehending team having initial custody and control of the dangerous drugs,
controlled precursors and essential chemicals, instruments/paraphemnalia and/or
laboratory equipment shall, WITHIN A REASONABLE TIME after seizure and
confiscation, conduct MARKING AND a physical inventory of the seized items and
photograph the same TOGETHER WITH A NEWSPAPER OR ANY
PUBLICATION DATED ON THAT DAY, OR BY ANY MEANS OR MODE TO
INDICATE THE DATE OF THE PHOTOGRAPH in the presence of the accused or
the person/s from whom such items were confiscated and/or seized, or his/her
representative or counsel, with an elected public official OR a DULY DESIGNATED
representative of the National Prosecution Service who shall be required to sign the copies
of the inventory and be given a copy thereof: Provided, That the physical inventory and
photograph shall be conducted at the place where the search warrant is served; or at the
nearest police station or at the nearest office of the apprehending officer/team, whichever

18


is practicable, in case of warrantless seizures: Provided, finally, That noncompliance of
these requirements under justifiable grounds, as long as the seized items are properly
PHOTOGRAPHED, RECORDED AND AUTHENTICATED by the apprehending
officer/team, shall not render void and invalid such seizures and custody over said items.

“THE APPREHENDING TEAM MENTIONED IN THE PRECEDING
PARAGRAPH SHALL BE REQUIRED TO PROPERLY DOCUMENT THE
ANTI-ILLEGAL DRUGS OPERATIONS, FROM THE BEGINNING UNTIL THE
END, THROUGH THE USE OF A VALID AND LEGITIMATE TECHNOLOGY,
INCLUDING WEARING BODY-WORN CAMERAS.

“WHERE A SEIZURE OF AN ILLICIT LABORATORY IS MADE, THE PDEA
SHALL, WITHIN FORTY EIGHT (48) HOURS, 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,
EXAMINED, RECORDED, AUTHENTICATED, AND INVENTORIED.

“MEMBERS OF THE MEDIA MAY BE INVITED TO THE JOIN/COVER ANTI-
DRUG OPERATIONS OF THE GOVERNMENT FOR JOURNALISM
PURPOSES ONLY. DETAILS AND FACTS ABOUT THE OPERATION
SHOULD NOT BE USED AS CONDITION FOR THE REPORTER TO SIGN THE
INVENTORY.

“(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 FORENSIC LABORATORY OF THE ARRESTING TEAM FOR THE
EXAMINATION AND IDENTIFICATION OF THE SUBJECT SUBSTANCE;

“ (3) A certification of the forensic laboratory examination results, which shall be done
UNDER OATH by the forensic laboratory examiner INDICATING THEREIN THE
KIND OF DANGEROUS DRUGS SEIZED, ITS CHEMICAL COMPOSITION IF
POSSIBLE, VOLUME, WEIGHT, AND OTHER RELEVANT INFORMATION
shall be issued immediately upon the receipt of the subject item/s: Provided, That when
the volume of dangerous drugs, plant sources of dangerous drugs, and controlled
precursors and essential chemicals does not allow the completion of testing within the
time frame, a partial laboratory examination report shall be provisionally issued stating
therein the quantities of dangerous drugs still to be examined by the forensic
laboratory: Provided, however, That a final certification shall be issued immediately upon
completion of the said examination and certification;

“(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

19


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 DOH,
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES AND
CONCERNED LOCAL GOVERNMENT UNITS. The Board shall draw up guidelines
on the manner of proper DISPOSAL 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 ON RECORD
SHALL ALSO BEAR THE COST, UNLESS THE LESSOR OF THE PROPERTY
OR OWNER ON RECORD EACH PROVES LACK OF KNOWLEDGE OF SUCH
CLANDESTINE MANUFACTURE: Provided, That a representative sample, duly
weighed and recorded is retained;

“(5) The Board shall then issue a sworn certification as to the fact of destruction or
burning of the subject item/s which, together with the AUTHENTICATED
PHOTOGRAPHS OF THE EVIDENCE in the custody of the PDEA AND THE
FINAL CERTIFICATION OF THE FORENSIC LABORATORY
EXAMINATION shall be submitted to the court having jurisdiction over the case.

“(6) The alleged offender or his/her representative or counsel shall be allowed to
personally observe all of the above proceedings and his/her presence shall not constitute
an admission of guilt. In case the said offender or accused refuses or IS UNABLE TO
OBSERVE the actual burning or destruction of the evidence in question, the Secretary
of Justice shall appoint a member of the public attorney's office to represent the former;

IN ADDITION, REPRESENTATIVE SAMPLES MAY BE RETAINED BY THE
PDEA FOR PURPOSES OF TRAININGS, ACADEMIC RESEARCH, DRUG
PROFILING AND OTHER LAWFUL PURPOSES UPON APPROVAL OF THE
COURT.

SEC. 14. 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 THE QUANTITATIVE
AND QUALITATIVE EXAMINATIONS CONDUCTED BY THE FORENSIC
LABORATORY EXAMINER WITHIN TWENTY-FOUR (24) HOURS AFTER
RECEIPT OF SEIZED ITEMS.”

SEC. 15. Section 25 is hereby amended to read as follows:

20


Section 25. Aggravating Circumstances in the Commission of a Crime by an
Offender Under the Dangerous Drugs Law — Notwithstanding the provisions of any
law to the contrary, a positive finding for the use of dangerous drugs shall be a
SPECIAL aggravating circumstance in the commission of a crime by an offender
RESULTING TO THE IMPOSITION OF THE MAXIMUM PENALTY.

IN ADDITION, THE MAXIMUM PENALTY SHALL ALSO BE IMPOSED IF
ANY OF THE UNLAWFUL ACTS ABOVE ARE COMMITTED DURING AN
EPIDEMIC, PANDEMIC OR CALAMITY, WHERE A STATE OF CALAMITY IS
DECLARED BY THE PRESIDENT OF THE REPUBLIC OF THE PHILIPPINES.”

SEC. 16, 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 ox x
Kx xX x
“@) x ox x

“(F) CHEMICAL DIVERSION
“(G) POSSESSION”

SEC. 17. A new section denominated as Section 29-A is hereby inserted after Section 29
of the same Act, to read as follows:

“SEC. 29-A. CRIMINAL LIABILITY ON USE OR IMPLEMENTATION
OF SEARCH WARRANT ISSUED BASED ON PERJURIOUS, FALSIFIED
DOCUMENTS OR PLANTING OF EVIDENCE. - ANY PERSON WHO IS
FOUND GUILTY OF WILLFULLY OR INTENTIONALLY USING OR
IMPLEMENTING SEARCH WARRANT ISSUED BASED ON PERJURIOUS
OR FALSIFIED DOCUMENTS AS DEFINED UNDER THE REVISED PENAL
CODE, OR PLANTING OF EVIDENCE AS PENALIZED UNDER EXISTING
LAWS SHALL SUFFER THE PENALTY AS PROVIDED FOR UNDER SEC. 29
OF THIS ACT.”

SEC. 18. Section 31 of the same act is hereby amended, to read as follows:

SEC. 30. PENALTY IF OFFENDER IS AN ALIEN. — 1 THE VIOLATOR OF ANY OF
THE PROVISIONS OF THIS ACT IS AN ALIEN, THE PENALTY TO BE IMPOSED
SHALL BE THE PENALTY PRESCRIBED BY THE ALIEN’S NATIONAL LAW
FOR THE ACT COMMITTED OR THE PENALTY PRESCRIBED BY THIS ACT,
WHICHEVER IS HIGHER: PROVIDED, THAT IF THE ACT COMMITTED IS NOT
PUNISHABLE IN THE ALIEN’S NATIONAL LAW, THEN THE PROVISIONS OF
THIS ACT SHALL APPLY.

In addition to the penalties prescribed FOR the unlawful act committed, any alien who violates

such provisions of this Act shall, after service of sentence, be deported immediately without
further proceedings.

21


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 of 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(3), 11(4), 11-A,12,
12-A, 14 and 15, Article II of this 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 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:

KX x

SEC. 20. A new section denominated as Section 33-A is hereby inserted after Section 33 of
the same Act, to read as follows:

“SEC. 33-A. IMMUNITY FROM PROSECUTION UNDER OTHER
CIRCUMSTANCES, MINIMUM PENALTY AND COMMUTATION OF
SENTENCE, ~ ANY PERSON CHARGED FOR ANY OFFENSE UNDER THIS
ACT AND WHO IS 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 IDENTITY AND PARTICIPATION OF PERSONS INVOLVED
FOR VIOLATION OF SECTIONS 4, 5, 6, 8, 10 AND 16 OF ARTICLE II OF
THIS ACT, INCLUDING THE VIOLATOR’S FINANCIERS, PROTECTORS
OR CODDLERS.

“THE GRANT OF THE APPLICATION FOR IMMUNITY IS
CONDITIONED UPON THE ARREST AND 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 AND TESTIMONY ARE NECESSARY
FOR THE CONVICTION OF THE PERSONS HE/SHE NAMED OR
IDENTIFIED;

“(B) SUCH INFORMATION AND TESTIMONY ARE NOT YET IN
THE POSSESSION OF THE STATE;

“(C) SUCH INFORMATION AND 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

22


AVAILABLE FOR THE STATE OTHER THAN THE INFORMATION AND
TESTIMONY OF SAID INFORMANT OR WITNESS; AND

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

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

“IF NONE OF THE PERSON/S HE/SHE NAMED OR IDENTIFIED HAS
BEEN ARRESTED AND CHARGED, THE PROSECUTION OF THE CASE
SHALL PROCEED, BUT THE COURT SHALL SUSPEND PROMULGATION
OF JUDGMENT 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 JUDGMENT IF THE ACCUSED
REQUESTS 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. LF 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, testing methods THAT SHALL DETERMINE THE PRESENCE OF
CANNABIS, COCAINE, OPIATES, AMPHETAMINES,
METHAMPHENTAMI ) PHENCYCLIDINE AND OTHER DANGEROUS
ILLEGAL DRUGS AS DETERMINED BY THE BOARD. Drug test certificates
issued by accredited drug testing centers shall be valid for a THREE-MONTH period
from the date of issue which may be used for other purposes. The following shall be
subjected to undergo drug testing:
“@ x ox x

23


x x x

“(g) x 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.

KX x
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 appropriate a substantial portion of NOT LESS THAN
ONE PERCENT (1%) OF their respective annual budgets IN SUPPORT OF
WELL-FUNCTIONING ANTI-DRUG ABUSE COUNCILS (ADACS) AND
ESTABLISHMENT OF ANTI-DRUG ABUSE OFFICES (ADAOS) AND
PROGRAMS ON SUBSTANCE USE PREVENTION AND
MANAGEMENT IN LOCAL HEALTH OFFICES.

“THE ADAC IS A MULTI-SECTOR COUNCIL COMPOSED OF
LOCAL OFFICIALS AND REPRESENTATIVES OF VARIOUS
COMMUNITY ORGANIZATIONS TASKED TO PLAN, IMPLEMENT,
AND MONITOR ALL ANTI- ILLEGAL DRUG ABUSE PROGRAMS,
PROJECTS AND ACTIVITIES IN THE LOCAL GOVERNMENT UNIT.

“THE ADAOQ SHALL PROVIDE TECHNICAL AND
ADMINISTRATIVE SUPPORT SERVICES TO THE ADAC AND ACT AS
ITS SECRETARIAT TO IMPLEMENT EFFECTIVELY THE
PROVISIONS OF THIS SECTION. THE BOARD, WITH THE
ASSISTANCE OF THE DEPARTMENT OF THE INTERIOR AND LOCAL
GOVERNMENT (DILG), SHALL ISSUE THE NECESSARY GUIDELINES
WITHIN NINETY (90) DAYS FROM APPROVAL OF THIS ACT.”

SEC.23. The Title of Article VIII 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 DANGEROUS “DRUG OR
CHEMICAL DEPENDENT.”

SEC. 24. Section 76 (6) of the same Act is hereby amended to read as follows:

“SEC. 76. The Duties and Responsibilities of the Department of Health (DOH) Under
this Act.- The DOH shall:

(1) Xxx
(2)Xxx
(3) Xxx
(4) Xxx
(3) Xxx

24


(6) DETERMINE REASONABLE FEES FOR DRUG DEPENDENCY
EXAMINATIONS, OTHER MEDICAL AND LEGAL SERVICES PROVIDED TO

THE PUBLIC IN RELATION TO THE IMPLEMENTATION OF THIS ACT.
SEC. 25. 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
TWENTY (20) members wherein three (3) of WHOM are permanent members, the
other 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 shall 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 FIFTEEN (15) members who shall be ex-officio members of the
Board are the following:

“(l) 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 DILG 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) Chairman of the Commission on Higher Education or his/her
representative;

“(11) Chairman of the National Youth Commission OR HIS/HER
AUTHORIZED REPRESENTATIVE;

“(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; AND

25


“(15) EXECUTIVE DIRECTOR OF THE DANGEROUS DRUGS
BOARD.

“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 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 EX-OFFICIO
consultants of the Board, and 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 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 representative of an ex-officio member or of the consultant of the Board
attends a meeting in behalf of the latter, such PERMANENT representatives shall be
entitled to receive the per diem.”

SEC. 26. 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 MONTH.
or as often as necessary at the CALL of the Chairman or any four (4) other members.
The presence of ELEVEN (11) members shall constitute a quorum.”

SEC. 27. Section 80 of the same Act is hereby amended to read as follows:

“SEC. 80. Secretariat of the Board.- x x x

“KOK 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
SERVICES, namely: Policy Studies, Research and Statistics; Preventive Education,
Training and Information; Legal Affairs; and the Administrative and Financial
Management.”

iC. 28, Section 82 of the same Act is hereby amended to read as follows:

26


“SEC. 82. Creation of the Philippine Drug Enforcement Agency (PDEA).
- xX xX Xx

“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 A POSTGRADUATE DEGREE, A
CAREER EXECUTIVE SERVICE ELIGIBILITY, A CAREER EXECUTIVE
SERVICE ELIGIBILITY AND 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,
CRIMINAL POLICING, LEGAL AND PROSECUTION, CRIMINOLOGY,
AND INTELLIGENCE AND SECURITY ADMINISTRATION.

“IN THE PERFORMANCE OF DUTIES AND RESPONSIBILITIES, 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
THE 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.

SEC. 29, Section 84 of the same Act is hereby amended to read as follows:
“SEC. 84, Powers and Duties of the PDEA. — The PDEA shall:
“(ay x x x
x x x

“) x ox x

“(g) COORDINATE AND SUBMIT CONFIDENTIAL REPORTS WITH
APPROPRIATE RECOMMENDATIONS TO THE ANTI-MONEY
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’S 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

27


HAVE THE SAME EFFECT IN THE CASE OF A REPORT 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;

“h) x ox x
“i x ox x

“(I-1) 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 SAID MESSAGE,
COMMUNICATION OR CONVERSATION IS CONSIDERED 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 IN THE PRECEDING PARAGRAPH, MAY BE
USED IN EVIDENCE, WHETHER BEFORE OR AFTER THE SUBJECT
PERSON IS CHARGED FOR VIOLATION OF THIS ACT.

“~ x x

“Dx 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
international conventions and agreements related to dangerous drugs AND
CONTROLLED PRECURSORS AND ESSENTIAL CHEMICALS to which the
Philippines is a signatory:

“% x x

28


“(0) CONDUCT REGULATORY COMPLIANCE INSPECTION AND
DANGEROUS DRUGS AND/OR CONTROLLED PRECURSORS AND
ESSENTIAL CHEMICALS DIVERSION CONTROL PROGRAM AND

INVESTIGATION:
“Kx”
“@ x ox x

“(S)_ DEPUTIZE QUALIFIED PERSONNEL AND/OR UNITS OF
OTHER DEPARTMENTS, BUREAUS, OFFICES, AGENCIES, OR LOCAL
GOVERNMENT UNITS TO ASSIST IN A MORE RESOLUTE
IMPLEMENTATION OF THIS ACT.”

SEC. 30. Section 85 of the same Act 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, 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.

THE PDEA ACADEMY SHALL HAVE AN APPROPRIATION FOR ITS
OPERATION AND PROGRAMS THAT SHALL BE REFLECTED IN THE
ANNUAL BUDGET OF THE PDEA PROVIDED FOR IN THE GENERAL

APPROPRIATIONS ACT.
KX ”
SEC. 31. Section 86 of the same Act is hereby amended to read as follows:

“SEC. 86. Transfer, Absorption, and Integration of All Operating Units on
Mlegal Drugs into the PDEA and Transitory Provisions. — x x x

“x x x

THE HEADS OF THE PNP, 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

29


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.

x ox x
SEC. 32. Section 87 of the same Act is hereby amended to read as follows:

“SEC. 87. Appropriations.- x = xx

All receipts derived from fines, fees and other income authorized and imposed in
this Act, 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 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”

SEC. 33. 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 drug-related cases under
this Act, who, through patent laxity, inexcusable neglect, unreasonable delay, or IN
deliberately CAUSING the unsuccessful prosecution and/or dismissal of the said drug
cases, shall suffer the penalty of imprisonment ranging from twelve (12) years and one
(1) day to twenty (20) years without prejudice to his/her prosecution under the pertinent
provisions of the Revised Penal Code.

UNLESS PROVEN OTHERWISE, A DECISION OF THE COURT
ACQUITTING THE ACCUSED OR DISMISSING A CASE PROSECUTED
UNDER THIS ACT BASED ON ANY OF THE FOLLOWING REASONS SUCH
AS, FAILURE TO FORMALLY OFFER EVIDENCE, FILING OF WRONG
INFORMATION, FAILURE TO PRESENT CORPUS DELICTI,
TRREGULARITY/ILLEGALITY OF ARREST, SEACH AND SEIZURE,
FAILURE TO CONDUCT CONFIRMATORY TEST, FAILURE TO
PROSECUTE FOR AN UNREASONABLE LENGTH OF _ TIME,
INSUFFICIENCY OF EVIDENCE, FAILURE TO COMPLY WITH SEC. 21 OF
THIS ACT, INCONSISTENT TESTIMONIES, QUASHAL OF INFORMATION
OR SEARCH WARRANT, LACK OF PROBABLE CAUSE, DEMURRER TO
EVIDENCE GRANTED BY THE COURT, AND NON-PRESENTATION OF
VITAL WITNESSES, IS PRESUMED TO HAVE BEEN UNSUCCESSFULLY

30


PROSECUTED AND THE GOVERNMENT PROSECUTOR, LAW
ENFORCER, OFFICER, EMPLOYEE OR CIVILIAN INVOLVED IN THE
PROSECUTION THEREOF DELIBERATELY CAUSED THE
UNSUCCESSFUL 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 APPROPRIATE
GOVERNMENT AGENCIES, 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. 34. 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 List 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 digs AND CONTROLLED
PRECURSORS AND ESSENTIAL CHEMICALS. THE BOARD MAY ONLY
REMOVE FROM SUCH LISTS, ANY OF THE DANGEROUS DRUGS
AND/OR CONTROLLED PRECURSOR AND ESSENTIAL CHEMICAL
THAT IT HAD ADDED, BY REGULATION, WHICH IS 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 FOOD AND DRUG
ADMINISTRATION 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
concemed 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

31


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. ACCORDINGLY, PDEA SHALL HAVE THE POWER TO
CONDUCT ADMINISTRATIVE INSPECTION OF THE PREMISES OF
BUSINESSES, IMPORTERS AND OTHER INDIVIDUALS AND ENTITIES
GRANTED LICENSE OR EXEMPTION.

“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;

“(@) EVIDENCE AND history [and] OF current pattern of abuse, ILLICIT
TRAFFIC AND DIVERSION OF SUCH SUBSTANCE;

“(e) The scope, duration, and significance of abuse, ILLICIT TRAFFIC
AND DIVERSION;

“(f) Risk to public health; fend]

“(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 1S
COMPOUNDED IN SUCH A WAY THAT IT PRESENTS NEGLIGIBLE OR
NO RISK, IF ANY, 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;

“(K) WHETHER THE DRUG OR GROUP OF DRUGS 1S
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 also 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 (2) weeks OR PROVIDING INTERESTED PARTIES WITH
DUE NOTICES. THE BOARD SHALL LIKEWISE GIVE NOTICE TO THE

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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)__ In case a dangerous drug is reclassified as CONTROLLED precursors
and essential chemicals, the penalties for the violations of this Act involving
CONTROLLED PRECURSORS AND ESSENTIAL CHEMICALS shall, in case of
conviction, be imposed in all pending criminal prosecutions;

“(b) In case a CONTROLLED precursor and essential chemical is
reclassified as dangerous drug, the penalties for violations of the Act involving
CONTROLLED precursors and essential chemicals shall, in case of conviction, be
imposed in all pending criminal prosecutions;

“(c)_ In case of the addition of a new drug OR CHEMICAL to the list of
dangerous drugs OR CONTROLLED precursors and essential chemicals, no criminal
liability involving the same under this Act shall arise until after the 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 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;

“(e) IN CASE OF EXEMPTION OF DRUG PREPARATIONS
CONTAINING DANGEROUS DRUGS, OR CHEMICAL MIXTURE OR
PREPARATION OF 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.35. Section 101 of the same Act is hereby amended to read as follows:

“SEC. 101. AMENDATORY Clause. — Republic Act No. 7659,
PRESIDENTIAL DECREE NO. 1619 AND OTHER LAWS INCONSISTENT
WITH THIS ACT ARE hereby amended accordingly.”

SEC. 36. 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.

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SEC.37. Repealing Clause. — All laws, orders, issuances, rules and regulations or parts
thereof inconsistent with this Act are hereby repealed or modified accordingly. THE PROVISIONS
OF THIS ACT SHALL NOT IN ANY WAY REPEAL REPUBLIC ACT NO. 9346, OR “AN
ACT PROHIBITING THE IMPOSITION OF DEATH PENALTY IN THE PHILIPPINES.

SEC. 38. Effectivity. ~ This Act shall take effect fifteen (15) days after its complete
publication in the Official Gazette or in a newspaper of general circulation.

Approve.

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