ETRY

OF RCE OF
FIFTEENTH CONGRESS OF THE REPUBLIC)

OF THE PHILIPPINES )
First Regular Session ) a

SENATE

S.No’ 1899 "

Introduced by Senator Miriam Defensor Santiago

EXPLANATORY NOTE
The Constitution, Article II, Section 13 provides:

Section 13. The state recognizes the vital role of the youth in nation
building and shall promote their physical, moral, spiritual, intellectual and social
well-being. It shall inculcate in the youth patriotism and nationalism, and
encourage their involvement in public and civic affairs.

Our people are more concerned about illegal drug use and crimes associated with-such
use than any other current social problem. Illegal drug use is harmfuul and wrong, Illegal drug use
can kill the individuals involved or cause the individuals to hurt or kill others, and such use strips
the individuals of their moral sense and with it, everything in life that is important and
worthwhile.

‘The greatest threat presented by such use is to the youth, who are illegally using drugs
According to recently released national surveys, drug use among the youth remains at alarmingly

high levels.

National leadership is critical to conveying to the youth the message that drug use is
dangerous and wrong, While government's efforts to punish drug pushers are commendable, the
problem cannot be addressed fully if the government will not undertake effort to reduce drug use,
by mobilizing every sector of the community to support the implementation of comprehensive,

sustainable, and effective programs to reduce drug abuse.


This bill seeks to facilitate a significant reduction in the incidence and prevalence of
substance abuse through reducing the demand for illegal drugs and the inappropriate use of legal

drugs.!

MIRIAM DEFINSOR oigld

desin. ae wt itis

Aly

* This bill was originally filed during the Thirteenth Congress, First Regular Session

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FIFTEENTH CONGRESS OF THE REPUBLIC) + ORFICE OF Ven SECRETARY
OF THE PHILIPPINES )
First Regular Session )

oom an

s. no. {899

Introduced by Senator Miriam Defensor Santiago

AN ACT
PROVIDING FOR PROGRAMS TO ‘FACILITATE A SIGNIFICANT REDUCTION IN
THE INCIDENCE AND PREVALENCE OF SUBSTANCE ABUSE THROUGH
REDUCING THE DEMAND FOR ILLEGAL DRUGS AND THE INAPPROPRIATE USE
OF ILLEGAL DRUGS
Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:

SECTION 1, Short Title - This Act shall be known as the “Drug Demand Reduction Act”

TITLE I-TARGETED SUBSTANCE ABUSE
PREVENTION AND TREATMENT PROGRAMS

Subtitle A-National Youth Anti-Drug Media Campaign.

SECTION 2. Requirement to conduct national media campaign -

(A) In General. - The Director of the Dangerous Drugs Board (in this subtitle referred to
as the ‘Director’), in cooperation with the Department of Education (DepEd), the National Youth
Commission (NYC) and the Philippine Information Agency (PIA), shall conduct a national
media campaign in accordance this subtitle for the purpose of reducing and preventing drug
abuse among young people in the Philippines.

(B) Local Target Requirement. - The Director shall to the maximum extent feasible, use
amounts made available to carry out this subtitle for media that focuses on, or includes specific

information on, prevention or treatment resources for consumers within specific local areas.

SECTION 3. Use of funds -

(A) Authorized Uses. -


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(1) In General. - Amounts made,available to carry out this Act for the support of national

media campaign may only be used for-

(a) the purchase of media time and space;

(b) talent reuse payments;

(c) out-of-pocket advertising costs ;

(d) testing and evaluation of advertising;

(©) evaluation of the effectiveness of the media campaign;

(A the negotiated fees for the winning bidder on request for proposals issued by the
Office of National Drug Control Policy;

(®) partnerships with community, civic, and professional groups, and government
organizations related to the media campaign; and

(0) entertainment industry collaborations fo fashion antidrug messages in motion pictues,
television programming, popular music, interactive (internet and news) media projects and
activities, public information, news media outreach, and corporate sponsorship and participation.

(2) Advertising. - In carrying out this subtitle, the Director shall devote meet sufficient
funds to the advertising portion of the national media campaign to the stated reach and frequency
goals of the campaign.

(B) Prohibitions, - None of the amounts made available under this subsections may be
obligated or expended-

(1) to supplant current community based coalitions;

(2) to supplant current pro bono public service time donated by national and local
broadcasting networks;

(3) for partisan political purposes; or

(4) to fund media campaigns that feature any elected officials, persons seeking elective

office, cabinet level officials and other agency officials.

SECTION 4. Reports to Congress. -The Director shall-


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(A) submit to Congress on an annual basis a report on the activities for which amounts
made available under this subtitle have been obligated during the preceding year, including
information for each quarter of such year, and on the specific parameters of the national media
campaign; and

(B) Certification. - A certification that-

(1) Funds made available under this subtitle will not be used to supplant local
funds, but will be used to increase the amounts of such funds that would, in the absence
of funds, be made available for law enforcement activities; and The programs developed
pursuant to this subtitle meet all requirements of this subtitle.

(2) The programs developed pursuant to this subtitle meet all requirements of this
subtitle
(©) Review and Approval. - Subject to Section. 71(B), the Director shall approve

applications and make grant awards to units of local governments that show the most promise for

accomplishing the purposes of this subtitle consistent with the provisions of Section 9.

SECTION 5. Uses of Funds by Local Government Units. - A local government unit that
receives a grant award under this Act shall use funds to provide comprehensive treatment
programs to inmates in prisons or jails, including not less than three (3) of the following:

(A) Tailored treatment programs to meet the special needs of different types of
substance-involved offenders.

(B) Random and frequent drug testing, including a system of sanctions.

(©) Training and assistance for corrections officers and personnel to assist substance
involved offenders.

(D) Clinical assessment of incoming substance-involved offenders.

(E) Availability of religious and spiritual activity and counseling to provide an
environment that encourages recovery from substance involvement in correctional facilities.

(F) Educational and vocational training,

(G) A substance-free correctional facility policy.

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SECTION 6. Evaluation and recommendation report to Congress -

(A) Evaluation.

(1) In General, « ‘The Director shall enter into a contract, with an evaluating agency that
has demonstrated experience in the evaluation of substance abuse treatment, to conduct an
evaluation that incorporates the criteria.

(2) Evaluation Criteria, - The Director, in consultation with the Directors of the
Department of Health, shall establish minimum criteria for evaluating cach program. Such
criteria shall include-

(@) reducing substance abuse among participants;

(6) reducing recidivism among participants;

(©) cost effectiveness of providing services to participants; and

(@ a data system that will produce data.

() Report, - The Director shall submit to the appropriate committees, at the same timeas
the President’s budget is submitted, a report that -

(1) describes the activities funded by grant awards under this subtitle;

(2) includes the evaluation submitted pursuant to paragraph (a)s and

(3) makes recommendations regarding revisions to the authorization of the program,

reduction, and termination.

SECTION 7. Definitions - For purposes of this Act, the term:

(A) “Appropriate committees” means the Committees on Appropriations of the House of
Representatives and the Senate;

(B) “Substance-involved offender’ means an individual under the supervision of a
government or local criminal justice system, awaiting trial or serving a sentence imposed by the
criminal justice system, who-

(1) violated or has been arrested for violating a drug or alcohol law;


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(2) was under the influence of alcohol or an illegal drug at the time the crime was
committed;

(3) stole property to buy illegal drugs, or

(4) has a history of substance abuse and addiction.

(C) “Unit of local government’ means municipality, city, or province.

SECTION 8. Authorization of appropriations - There are authorized to be appropriated
to carry out this Act:

(A) For the fiscal year of the passage of this Act, P20,000.00; and

(B) For the next succeeding fiscal year, P20,000.00.

The Director may reserve each fiscal year not more than twenty (20) per centum of the

funds appropriated for activities required under Section 10.

TITLE I-PROTECTING OUR NEIGHBORHOODS AND SCHOOLS FROM DRUGS

Subtitle A-Drug-free Teen Drivers

SECTION 9. Demonstration program. - The Land Transportation Office shall establish a
demonstration program to provide voluntary ‘drug testing for all teenager applicants, or other
first time applicants for a driver’s license regardless of age, for a driver’s license. Information
respecting an applicant’s choice not lo take the drug test or the result of the drug test on the
applicant shall be made available to the applicant’s automobile insurance company. If an
applicant tests positive in the drug test, the LTO in which the program is established will not
issue to the applicant and will require the applicant to complete a drug treatment program and to
not test positive in a drug test before reapplying for a license.

Subtitle B-Drug-Free Schools

SECTION 10. Authorization ofAppropriations. - There is authorized to be appropriated

such sums as may be necessary to carry out this chapter.

SECTION 11. Authorization for Report Cards on Schools -
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(A) In General. - The Secretary of Education shall develop, establish, or conduct
innovative programs for implementation of public schools and stale colleges and universities to
improve unsafe elementary schools or secondary schools.

(B) Priority.- The Secretary shall give priority to establishing-

(1) Programs that provide parent and teacher notification about incidents of
physical violence, weapon possession, or drug activity on school grounds as soon ak r
the incident as practicable.

(2) Programs that provide parents and teachers an annual report regarding-

(a) the total number of incidents of physical violence, weapon possession,
and drug activity on schoo! grounds;

(b) the percentage of students missing 10 or fewer days of school; and

(©) a comparison, if available, to previous annual reports under this

paragraph, which comparison shall not involve a comparison of more than five (5)

such previous annual reports; and

(3) Programs to enhance school security measures that may include-

(a) equipping schools with fences, closed circuit cameras, and other
physical security measures;

(b) providing increased police patrols in and around elementary schools
and secondary schools, including canine patrols; and

(c) mailings to parents at the beginning of the school year stating that the
possession of a gun or other weapon, or the sale of drags in school, will not be

tolerated by school authorities.

SECTION 12. Parental Consent to Drug Testing. -
(A) In General. - The Secretary, in cooperation with the Dangerous Drugs Board and the
National Youth Commission shall develop, establish, or conduct programs for testing students

for illegal drug use with prior parental consent.



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(B) Guidelines. - The Secretary shall adapt the following guidelines in implementing the
program:

(1) Students will only be tested with their parent’s consent. If the program also
requires the consent of the student, the parent will be informed of any refusal by the
student to give consent.

(2) The program may involve random testing or testing of all students within
certain grade or age parameters at a participating school.

(3) Students who test positive for illegal drugs will not be penalized, except that
the privilege of participating in optional courses or extra-curricula activities in which
drug impairment might pose a safety risk such as athletic teams, drivers education, or
industrial arts may be restricted.

(4) The parent of a student who tests positive for privilege for illegal drugs shall
be notified of the results in a discrete manner by a health care professional, a counselor,
or other appropriate person. Parents shall be advised of resources that may be available in
the local area to treat drug dependency.

(5) The procedures used in the demonstration project shall be designed to ensure
fairness and accuracy. The procedures shall also require personnel administering the drug
testing program to treat individual test results confidentiality, and not to provide

individual test results to law enforcement officials. Statistical information which does not

reveal individual identifying information should be provided to law enforcement
officials.
(C) Subpoenas and Discovery. - Test results for tests conducted shall not be subject to
subpoena or discovery in any court, or administrative forum, without the consent of the

individual’s consent is required,

Subtitle C-Drug-Free Workplaces
SECTION 13. Purposes -The purposes of this Section are to-

(A) Educate small business concerns about the advantages of a drug-free workplace;

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(B) Provide financial incentives and technical assistance to enable small business
concems to create a drug-free workplace; and

(C) Assist working parents in keeping their children drug-free.

SECTION 14. Drug-free Workplace Demonstration Program. -

(A) Establishment. - There is established a dug-free demonstration program, under which
the Dangerous Drugs Board in coordination with corporations and companies shall start a drug-
free workplace program.

(B) Requirements for Program. -Any drug-free workplace program established as a result
of this section shall include -

(1) A written policy, including a clear statement of expectations for workplace
behavior, prohibitions against substances in the workplace, and the consequences of
violating such expectations and prohibitions;

(2) Training for at least 60 minutes for employees and supervisors and employees
who are parents;

(3) additional training for supervisors and employees who are parents;

(4) employee drug testing; and

(5) employee access to an employee assistance program, including assessment,

referral, and short-term problem resolution.

TITLE 111 - NATIONAL DRUG CONTROL STRATEGY

SECTION 15. Development, submission, implementation, and assessment of National
Drug Control Strategy - :

(A) Timing, Contents, and Process for Development and Submission of National Drug:
Control Strategy. -Not later than two months after the promulgation of this act, the President
shall submit to Congress a National Drug Control Strategy, which shall set forth a
comprehensive 4-year plan for reducing drug abuse and the consequences of drug use in the

Philippines, by limiting the availability of and reducing the demand for illegal drugs and shall

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include quantifiable 4-year performance objectives, targets, and measures for each National Drug
Control Strategy goal and objective.

(B) Contents. - The National Drug Control Strategy shall include-

(1) Comprehensive, research-based, long-range, quantifiable, goals for reducing
drug abuse and the consequences of drug-abuse in the Philippines;

(2) Short-term measurable objectives to accomplish long-term quantifiable goals
that the Director of the Dangerous Drugs Board determines may be realistically achieved
during the 4-year period beginning on the date on which
the strategy is submitted;

(3) Five (5) year projections for program and budget priorities; and

(4) A review of governmental and private sector drug control activities to ensure
that the Philippines pursues well-coordinated and effective drug control at all levels of
government.

(C) Classified Information. - Any contents of the National Drug Control Strategy that
involves information properly classified under criteria established by an Executive order shall be
presented to Congress separately from the rest of the Strategy.

(D) Process for Development and Submission. -

(1) Consultation, - In developing and effectively implementing the National Drug
Control Strategy, the Director shall consult with Congress, provincial and local officials,
private citizens and organizations with experience and expertise in demand reduction and

private citizens and organizations with experience and expertise in supply reduction.

(2) Modernization and Resubmission, - Notwithstanding any other provision of
law, the Director may modify a National Drug Control Strategy submitted under
paragraph (1) at any time,

(3) Annual Strategy Report. - Every February 1 of each year, the President shall
submit to Congress a report on the progress in implementing the Strategy, which shall

include an assessment of the effectiveness in achieving the Strategy goals and objectives

using the performance measurement system, including an assessment of drug use and

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availability in the Philippines; and an estimate of the effectiveness of interdiction,
treatment, prevention, law enforcement, and international programs under the National
Drug Control Strategy in effect during the preceding year, or in effect as of the date on
which the report is submitted;

(4) An assessment of current drug use, including inhalants, and availability,
impact of drug use, and treatment availability, which assessment shall include estimates
of drug prevalence and frequency of use as measured by national, and local surveys of
illicit drug use and by other special studies of casual and chronic drug use; high-risk
populations, including school dropouts, the homeless and transient, arrestees, parolees,
and juvenile delinquents; and drug use in the workplace and the productivity lost by such
use;

(5) An assessment of the reduction of drug availability against an ascertained
baseline, as measured by the quantities of cocaine, marijuana, methamphetamine, and
other drugs available, including recreational drugs such as ecstasy for consumption in the
Philippines; the amount of marijuana, cocaine, and heroin, entering the Philippines; the
number of hectares of marijuana, poppy, and cocoa cultivated and destroyed; the number
of metric tons of marijuana, heroin, and cocaine seized; the number of cocaine and
methamphetamine processing laboratories destroyed; changes in the price and purity of
shabu and cocaine; the amount and type of controlled substances diverted from legitimate
retail and wholesale sources; and the effectiveness of technology programs at improving
drug detection capabilities in interdiction, an at Philippines ports of entry;

(6) An assessment of the reduction of the consequences of drug use and
availability, which shall include estimation of the burden drug users placed on hospital
emergency departments in the Philippines, such as the quantity of drug-related services
provided; the annual national health care costs of drug use, including costs associated
with people becoming infected with human immunodeficiency vim and other infectious

diseases as a result of drug use; the extent of drug-related crime and criminal activity; and

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the contribution of drugs to the underground economy, as measured by the retail value of
drugs sold in the Philippines;

(7) A determination of the status of drug treatment in the Philippines, by assessing
public and private treatment capacity within each region, including information on the
treatment capacity available in relation to the capacity actually used; the extent, within
each region, to which treatment is available; the number of drug users the Director
estimates could benefit from treatment; and the specific factors that restrict the
availability of treatment services to those seeking it and proposed administrative or
legislative remedies to make treatment available to those individuals; and

(8) An assessment of private sector initiatives and cooperative efforts between the
National Governnient and region and local governments for drug control.

(E) Submission of Revised Simtegy. - The President may submit to Congress a revised
National Dig Control Strategy that meets the requirements of this section at any time, upon a
determination by the President and the Director that the National Drug Control Strategy in effect

is not sufficiently effective; and if a new President or Director takes office.

SECTION 16. Separability Clause. - If any provision or part hereof, is held invalid or

unconstitutional, the remainder of the law or the provision otherwise affected shall remain valid

and subsisting.

SECTION 17. Repealing Clause. - Any law, presidential decree or issuance, executive
order, letter of instruction, administrative order, rule or regulation contrary to or inconsistent
with the provision of this Act is hereby modified, or amended accordingly.

SECTION 18. Effectivity Clause. - This Act shall take effect fifteen (15) days after its

publication in at least two (2) newspapers of general circulation.

Approved,

a