TWENTIENTH CONGRESS OF THE} 
REPUBLIC OF THE PHILIPPINES } 
First Regular Session 
}
25 JUL -7 AH :06
SENATE 
S.B. No. 190
Introduced by SENATOR VICENTE C. SOTTO III
AN ACT
AMENDING ARTICLE IX OF REPUBLIC ACT 9165, OTHERWISE 
KNOWN AS THE COMPREHENSVE DANGEROUS DRUGS ACT OF 
2002, AND CREATING THE PRESIDENTIAL DRUG ENFORCEMENT 
AUTHORITY, AND FOR OTHER PURPOSES
EXPLANATORY NOTE
The war against illegal drugs and drug abuse in our country failed 
to adopt a holistic approach to fully eradicate this menace in our 
society. The authorities focused only on enforcement and prosecution 
which lead only to significant casualties and dismissal of cases. 
Prevention and rehabilitation, which are equally important, were not 
implemented fully by the Department of Education and the Department
of Health.
The law, as presently formulated, needs retrofitting, so to speak, 
like any structure or machine in constant use for 23 years now. 
Supervision of enforcement activities is desirable to map out policies for 
more effective anti-illegal drugs campaign.
The purpose of this measure is to further strengthen our fight 
against illegal drugs and drug abuse by unifying the four major 
programs - enforcement, prosecution, prevention and rehabilitation - 
into a single government agency. Since these four must be m sync, a 
supervisory agency has to step in to monitor, coordinate and ensure 
that the concerned government agencies mandated to perform several 
duties under Republic Act No. 9165 are doing their mandate effectively.


It is the goal of every nation and generation to have peace and 
order to bring about security, harmony and economic stability. Thus, 
Section 5, Article II of the 1987 Constitution declares one of the 
country’s principles, to wit:
“The maintenance of peace and order, the protection of life, 
liberty, and property, and promotion of the general welfare 
are essential for the enjoyment by all the people of the 
blessings of democracy.”
All these, so we may achieve a drug-free Philippines for the future 
generations. There is no best time to cure this social ill than now.
I therefore urge my colleagues to support the passage of this 
important measure.
dik
VICENTE C. SOTTO III


TWENTIENTH CONGRESS OF THE} 
REPUBLIC OF THE PHILIPPINES 
}
First Regular Session 
}
SENATE 
S.B. No. 190
25 JJL -7 A11 ••06
Introduced by SENATOR VICENTE C. SOTTO III
1
2
AN ACT
AMENDING ARTICLE IX OF REPUBLIC ACT 9165, OTHERWISE 
KNOWN AS THE COMPREHENSVE DANGEROUS DRUGS ACT OF 
2002, AND CREATING THE PRESIDENTIAL DRUG ENFORCEMENT 
AUTHORITY, AND FOR OTHER PURPOSES
Be it enacted by the Senate and the House of Representatives of 
the Philippines in Congress assembled:
SECTION 1. Short Title. - This Act shall be known as the 
“Presidential Drug Enforcement Authority Act.”
3 
SECTION 2. Declaration of Policy. - It is the policy of the State
4 
to maintain peace and order, to protect life, liberty and property and to
5 
promote that the general welfare are essential for the enjoyment by all
6 
the people of the blessings of democracy. Thus, the State has the duty
7 
to ensure that laws relating to peace and order, particularly against
8 
illegal drugs being one of the major social problems of the country, are
9 
properly, effectively and efficiently executed by the agencies concerned
10 for its implementation.
section 3. The Presidential Drug Enforcement Authority. -
12 
The Presidential Drug Enforcement Authority shall primarily be the
13 
supervising agency for the proper, more effective and efficient
14 
implementation of Republic Act 9165, otherwise known as the
15 
“Comprehensive Dangerous Drugs Act of 2002.” It shall likewise absorb
16 
the policy-making and strategy-formulating functions of the current
17 
Dangerous Drugs Board. It shall be under the Office of the President.


1 
The creation of the Presidential Drug Enforcement Authority shall
2 
dissolve the existing Philippine Drug Enforcement Agency (PDEA) and
3 
the Dangerous Drugs Board (DDB).
4 
The existing powers and functions of the PDEA on anti-drug
5 
enforcement shall be exercised by the Philippine National Police,
6 
through its Anti-Illegal Drugs Special Operation Task Force (AIDSOTF)
7 
or such other Narcotics Unit under the PNP; the National Bureau of
8 
Investigation, through its Anti-Illegal Drugs Task Force (AIDTF) or such
9 
other Narcotics Unit under the NBI; the Bureau of Customs (BOC),
10 
through its Customs Task Group/Force in Dangerous Drugs and
11 
Controlled Chemicals (CTGFDDCC) or such other Narcotics Unit under
12 
the BOC; and the Narcotics Units of the Armed Forces of the
13 
Philippines. The current operational units of PDEA shall be absorbed
14 
by the Presidential Drug Enforcement Authority, taking into
15 
consideration the appropriate Bureau that needs its technical support.
16 
The Presidential Drug Enforcement Authority shall be headed by
17 
a Secretary, who shall be responsible for the general administration and
18 
management of the agency and shall hold office at the pleasure of the
19 
President. The Secretaiy of the Presidential Drug Enforcement
20 
Authority shall be appointed by the President of the Philippines and
21 
shall perform such other duties that may be assigned to him/her.
22 
He/she must possess adequate knowledge, training and experience in
23 
the field of dangerous drugs and controlled precursor and essential
24 
chemical, and in any of the following fields: law enforcement, law,
25 
medicine, criminology, psychology or social work.
26 
SECTION 4. Organization of the Presidential Drug
27 
Enforcement Authority. - The Presidential Drug Enforcement
28 
Authority shall have the following Bureaus:
29 
1) Anti-Drug Enforcement;
30 
2) Anti-Drug Prosecution;
31 
3) Anti-Drug Prevention;
32 
4) Anti-Drug Rehabilitation; and


1 
5) Anti-Drug Policy Formulation, Guidelines and Procedures.
2 
SECTION 5. General Pouters, Term of Office and
3 
Compensation of the Bureau Chief. - Each Bureau shall be headed
4 
by a Bureau Chief, with a rank of an Undersecretary, who shall be
5 
appointed by the President upon the recommendation of the Secretary,
6 
shall hold office at the pleasure of the President and shall receive the
7 
compensation, allowances and other emoluments to which
8 
Undersecretaries are entitled. He/she shall be responsible for the
9 
general administration and management of the assigned Bureau.
10 
The incumbent DDB Chairman shall automatically be the Bureau
11 
Chief of Anti-Drug Policy Formulation, Guidelines and Procedure; in the
12 
same manner that the current General Director of PDEA shall
13 
automatically be the Bureau Chief of the Anti-Drug Enforcement
14 
Bureau.
15 
SECTION 6. Powers and Duties of the Anti-Drug Enforcement
16 
Bureau. - The Anti-Drug Enforcement Bureau shall be responsible for
17 
the supervision of the operations of the Narcotics Units of the PNP, NBl,
18 
AFP and the BOC to ensure that the implementation of R.A. 9165 is
19 
properly exercised.
20 
In order to perform the aforesaid function, the Anti-Drug
21 
Enforcement Bureau has the following powers:
22 
a) Require regular monthly reports from all the Narcotics Units
23 
relative to the status of the implementation of RA 9165 in their
24 
respective Units.
25 
b) Conduct a periodic assessment or examination of all the
26 
personnel of all the Narcotics Unit in order to ascertain that
27 
their duties are satisfactorily performed.
28 
c) Take such necessary action or step, as prescribed by law, to
29 
make a personnel of any Narcotics Unit who fails or neglects
30 
his/her function to perform what is incumbent upon him/her.


1 
SECTION 7. Powers and Duties of the AnH-Drug Prosecution
2 
Bureau. - The Anti-Drug Prosecution Bureau shall be responsible for
3 
the supervision of the Department of Justice (DOJ) to ensure that its
4 
duties prescribed under R.A. 9165 relative to prosecution or filing of
5 
illegal drug cases are properly and effectively executed.
6 
In order to perform the aforesaid function, the Anti-Drug
7 
Prosecution Bureau has the following powers:
8 
a) Require regular monthly reports from the DOJ on the status
9 
of the prosecution of all pending illegal drug-related cases in
10 
the country.
u 
b) Conduct a periodic assessment or examination of all the
12 
personnel involved in the prosecution of illegal drug cases to
13 
ascertain that their duties are satisfactorily performed.
14 
c) Take such necessary action or step, as prescribed by law, to
25 
make a personnel of DOJ who fails or neglects his/her
16 
function relating to prosecution of illegal drugs-related cases
17 
to perform what is incumbent upon him/her.
18 
SECTION 8. Powers and Duties of the Anti-Drug Prevention
19 
Bureau. - The Anti-Drug Prevention Bureau shall have supervision
20 
over the Department of Education (DepEd), Commission on Higher
21 
Education (CHED) and Technical Education and Skills Development
22 
Authority (TESDA)as regards the effective and proper performance of
23 
their duties and responsibilities stated in R.A. 9165 in relation to drug
24 
abuse prevention and control in all schools, as well as the Department
25 
of Social Welfare and Development (DSWD) as regards special education
26 
drug center for out-of-school youth and street children.
27 
The Bureau shall likewise exercise supervision over the
28 
Department of Labor and Employment (DOLE) on the performance of
29 
its function under R.A. 9165 relative to the implementation of drug
30 
abuse prevention program in the workplace.
32 
in order to perform the aforesaid function, the Anti-Drug
32 Prevention Bureau has the following powers:


1 
a) Require regular monthly reports from the DepEd, CHED,
2 
TESDA, DSWD and DOLE regarding the status of the
3 
implementation of R.A. 9165 in their respective jurisdictions.
4 
b) Conduct a periodic assessment or examination of all the
5 
personnel involved in the implementation of R.A. 9165to
6 
ascertain that their duties are satisfactorily performed.
7 
c) Take such necessary action or step, as prescribed by law, to
8 
make a personnel of DepEd, CHED, TESDA, DSWD or DOLE
9 
who fails or neglects his/her function to perform what is
10 
incumbent upon him/her under R.A. 9165.
SECTION 9. Powers and Duties of the Anti-Drug
12 
Rehabilitation Bureau. - The Anti-Drug Rehabilitation Bureau shall
13 
be responsible for the supervision of the Department of Health (DOH)
14 
and the DSWD to ensure that its declared duties and responsibilities
15 
under R.A. 9165 relative to rehabilitation of drug dependents are
16 
properly exercised.
17 
The DOH’s duty to oversee and monitor the integration,
18 
coordination and supervision of all drug rehabilitation, intervention,
19 
after-care and follow-up programs, projects and activities as well as the
20 
establishment, operations, maintenance and management of privately-
21 
owned drug treatment rehabilitation centers and drug testing networks
22 
and laboratories throughout the country in coordination with the
23 
DSWD and other agencies shall be exercised jointly with the Anti-Drug
24 
Rehabilitation Bureau.
25 
In order to perform the aforesaid functions, the Anti-Drug
26 
Enforcement Bureau has the following powers:
27 
a) Require regular monthly reports from the DOH in relation to
28 
the status of the implementation of its functions under R.A.
29 
9165; from the different DOH-accredited drug rehabilitation
30 
centers all over the country on the general status of drug
31 
rehabilitation patients; and from the DSWD as to the status of


1
2
3
4
5
6
7
8 
9
the implementation of its duties and responsibilities under 
R.A. 9165.
b) Conduct a periodic assessment or examination of all the 
personnel involved in the implementation of R.A. 9165 to 
ascertain that their duties are satisfactorily performed.
c) Take such necessary action or step, as prescribed by law, to 
make a personnel of DOH or DSWD who fails or neglects 
his/her function to perform what is incumbent upon him/her 
under R.A. 9165.
10 
SECTION 10. Pouters and Functions of the Anti-Drug Policy
11 
Formulation, Ouidelines and Procedures Bureau. - The powers and
12 
duties of the DDB provided in Section 81 of R.A. 9165 shall be absorbed
13 
by the Anti-Drug Policy, Formulation, Guidelines and Procedures
14 
Bureau.
section 11. Transfer, Absorption and Integration of All
16 
Operating Units of the PDEA and DDB to the Presidential Drug
17 
Enforcement Authority. - Upon the effectivity of this Act, the PDEA
18 
and DDB shall cease to exist; however they shall continue with the
19 
performance of their task as detail service with the Presidential Drug
20 
Enforcement Authority, subject to screening, until such time that the
21 
organizational structure of Presidential Drug Enforcement Authority is
22 
fully operational. Provided, That such personnel who are affected shall
23 
have the option of either being integrated into the Presidential Drug
24 
Enforcement Authority or transfer to other concerned government
25 
agencies and shall, thereafter, be immediately reassigned to other units
26 
therein by the head of such agencies. Such personnel who are
27 
transferred, absorbed and integrated in the PDEA shall be extended
28 
appointments to positions similar in rank, salaiy, and other
29 
emoluments and privileges granted to their respective positions in their
30 
original agencies.


1 
SECTION 12. PDEA Academy and its Graduates. - Upon the
2 
effectivity of this Act, the PDEA Academy shall cease to accept enrollees.
3 
Those students who will be graduating from the Academy after the
4 
implementation of this Act shall be given an option to either be
5 
employed in any of the Bureaus under the Presidential Drug
6 
Enforcement Authority, or work under any of the Narcotics Unit of PNP,
7 
NBI, AFP or BOC subject to the employment requirement and policy of
8 
the respective Narcotics Units.
9 
SECTION 13. Implementing Rules and Regulations. - The
10 
present PDEA, represented by its Director General, as well as the Chair
11 
of the DDB, together with the Secretaries of the DOH, DILG, DOJ and
12 
DepEd, and in consultation with the CHED, TESDA, DSWD, DOLE,
13 
PNP, NBI and all other concerned government agencies shall
14 
promulgate within sixty (60) days the Implementing Rules and
15 
Regulations that shall be necessary to implement the provisions of this
16 
Act.
17 
SECTION 14. Reportorial Requirements. - The Secretary of the
18 
Presidential Drug Enforcement Authority and the head of each Bureau
19 
shall submit a consolidated annual report to the President of the
20 
Philippines, copy furnished the President of the Senate and the Speaker
21 
of the House of Representatives, on the statuses of the implementation
22 
of this Act and the anti-drug campaign in the country.
23 
SECTION 15. Funding Source. - The funds required for the
24 
implementation of this Act shall be taken from the budget of the PDEA
25 
and DDB for the current fiscal year.
26 
Thereafter, such amounts as may be necessary to implement this
27 
Act shall be included in the annual General Appropriations Act.
28 
SECTION 16. Separability Clause. - If any of provision of this
29 
Act is held invalid or unconstitutional, the same shall not affect the
30 
validity and effectivity of the other provisions hereof.


1 
SECTION 17. Repealing Clause. - All laws, decrees, orders, and
2 
issuances, or portions thereof, which are inconsistent with the
3 
provisions of this Act, are hereby repealed, amended or modified
4 
accordingly.
5 
SECTION 18. Effectimty Clause. - This Act shall take effect
6 
fifteen (15) days after its publication in the Official Gazette or in two (2)
7 
newspapers of general circulation.
Approved,