• 
FIFTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
Senate Bill No. 674 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
EXPLANATORY NOTE 
Republic Act No. 9165, otherwise known as the Comprehensive 
Dangerous Drugs Act of 2002, provides that: 
"the State needs to enhance further the efficacy of the law against 
dangerous drugs, it being, one of today's more serious social ills. Towards 
this end, the government shall pursue an intensive and, unrelenting 
campaign against the trafficking and use of dangerous drugs and other 
similar sUbstances. The government shall however aim to achieve a 
balance in the national drug control program so that people with legitimate 
medical needs are not prevented from being treated with adequate 
amounts of appropriate medications, which include the use of dangerous 
drugs". 
It has been almost eight (8) years since the enactment of Republic Act No. 
9165. However, PDEA is still beset with concerns such as limited personnel and 
lack of facilities. For instance, PDEA is able to establish only one Forensic 
Laboratory in its Headquarters in Quezon City, although the law requires it to 
establish one forensic laboratory in each provincial PNP office. Likewise, there is 
still no established permanent location for the PDEA Academy. 
This bill seeks to introduce amendments to Sections 3(h), 3U), 3(r), 4, 8, 
11,20,21,22,26,30,33,78,79,80,82, 84(m). 84(0), 85, 86, 87, 93, 101, and 
ARTICLE VIII including Sections 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 72, 73, 
74,75, and 76 as well as to introduce additional Sections 3(11), 3(mm), 3(nn), 
3(00), 3(pp), and 3(qq), 11-A, 12-A, and 84(s) to address the said specific 
concerns. 
In view of the foregoing, early passage of this bill is earnestly requested. 
Senator 


FIFTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
Senate Bill No. 674 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
AN ACT 
AMENDING CERTAIN PROVISIONS OF REPUBLIC ACT 9165 OTHERWISE 
KNOWN AS THE COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002 
Be it enacted by the Senate and the House of Representatives of the Philippines 
in Congress Assembled: 
SECTION 1. Section 3(h) of Republic Act No. 9165 is hereby amended to 
read as follows: 
"SEC. 3 (h). Controlled Precursors and Essential Chemicals. - Include 
those listed in Tables I and II of the 1988 UN Convention Against Illicit 
Traffic in Narcotic Drugs and Psychotropic Substances as enumerated in 
the attached annex, whk:h is an integral part of this Act. IT ALSO 
INCLUDES CHEMICALS, WHICH ARE HEREINAFTER ADDED TO THE 
LIST OF CONTROLLED PRECURSORS, AND ESSENTIAL CHEMICALS 
PURSUANT TO SECTION 93 OF THIS ACT." 
SEC. 2. Section 3 U) is hereby amended to read as follows: 
"SEC. 3 0). 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. IT ALSO INCLUDES DRUGS, 
WHICH ARE HEREINAFTER ADDED TO THE LIST OF DANGEROUS 
DRUGS PURSUANT TO SECTION 93 OF THIS ACT." 
SEC. 3. Section 3 (r) is hereby amended to read as follows: 
"SEC. 3 (r). Illegal Trafficking. - The illegal cultivation, culture, delivery, 
administration, dispensation, manufacture, sale, trading, transportation, 
distribution, importation, exportation, Chemical Diversion, and possession 
of any dangerous drug andlor controlled precursor and essential chemical 
FOR THE PURPOSE OR WITH INTENTION OF ENG AGING IN, OR 
KNOWING THAT THEY ARE BEING OR ARE TO BE USED IN OR FOR 
ANY OF SUCH ACTIVITIES PREVIOUSLY ENUMERATED," 
SEC. 4. A new Section 3 (11) shall be inserted after Section 3 (kk) which 
shall read as follows: 
"SEC. 3 (LL). CHEMICAL DEPENDENCE. - A CONDITION OF MENTAL 
OR MENTAL AND PHYSICAL DEPENDENCE ON A CONTROLLED 


, " 
PRECURSORS 
AND 
ESSENTIAL 
CHEMICAL 
OR 
VOLATILE 
SUBSTANCE 
WITH 
CENTRAL 
NERVOUS 
EFFECT, 
WHICH 
IS 
CHARACTERIZED BY THE PERIODIC OR CONSTANTLY REPEATED 
CONSUMPTION 
OF 
THIS 
SUBSTANCE 
AND 
WHOSE 
CHARACTERISTICS VARY DEPENDING UPON KIND OF THE TAKEN 
CONTROLLED PRECURSORS AND ESSENTIAL CHEMICAL." 
SEC, 5, A new Section 3 (mm) shall be inserted after Section 3 (II) which 
shall read as follows: 
"SEC, 3 (MM). "DRUG". - MEANS: (1) ARTICLES RECOGNIZED IN THE 
OFFICIAL 
UNITED 
STATES 
PHARMACOPOEIA, 
OFFICIAL 
HOMEOPATHIC PHARMACOPOEIA OF THE UNITED STATES, OR 
OFFICIAL NATIONAL FORMULARY, OR ANY SUPPLEMENT TO ANY 
OFTHEM; AND 
(2) ARTICLES INTENDED FOR USE IN THE DIAGNOSIS, CURE, 
MITIGATION, TREATMENT, OR PREVENTION OF DISEASE IN MAN 
OR OTHER ANIMALS; AND (3) ARTICLES (OTHER THAN FOOD) 
INTENDED TO AFFECT THE STRUCTURE OR ANY FUNCTION OF 
THE BODY OF MAN OR ANIMALS; AND (4) ARTICLES INTENDED FOR 
USE AS A COMPONENT OF ANY ARTICLES SPECIFIED IN CLAUSES 
(1()2)" 
OR 
(3), 
BUT 
NOT 
INCLUDE 
DEVICES 
OR 
THEIR 
COMPONENTS, PARTS, OR ACCESSORIES." 
SEC. 6. A new Section 3 (nn) shall be inserted after Section 3 (mm) which 
shall read as follows: 
"SEC. 3 (NN). "PROPERTY". - MEANS: (A) ANY PROPERTY, SITE, 
SURROUNDING A STRUCTURE; AND (B) INCLUDES SINGLE-FAMILY 
STRUCTURE, 
PART OF A STRUCTURE, 
OR THE GROUNDS, 
RESIDENCES, OUTBUILDINGS, GARAGES, UNITS OF MULTIPLEXES, 
CONDOMINIUMS, 
APARTMENT 
BUILDINGS, 
WAREHOUSES, 
HOTELS, 
MOTELS, 
BOATS, 
MOTOR 
VEHICLES, 
TRAILERS, 
MANUFACTURED HOUSING, SHOPS, OR BOOTHS." 
SEC. 7. A new Section 3 (00) shall be inserted after Section 3 (nn) which 
shall read as follows: 
"SEC.3 (OOrp ROPERLY DISPOSED" MEANS TO DISCARD AT A 
LICENSED OR AUTHORIZED FACILITY IN ACCORDANCE WITH ALL 
APPLICABLE LAWS AND REGULATIONS, AND NOT REUSED OR 
SOLD." 
SEC. 8. A new Section 3 (pp) shall be inserted after Section 3 (00) which 
shall read as follows: 
"SEC. 3 (PP). "OWNER OF RECORD" MEANS (A) THE OWNER OF 
PROPERTY AS SHOWN ON THE RECORDS OF THE REGISTER OF 
DEEDS IN THE CITY OR PROVINCE WHERE THE PROPERTY IS 
LOCATED; AND (B) MAY INCLUDE AN INDIVIDUAL, FINANCIAL 
INSTITUTION, COMPANY, CORPORATION, OR OTHER ENTITY. 
SEC. 9. A new Section 3 (qq) shall be inserted after Section 3 (pp) which 
shall read as follows: 
"SECTION 3 (QQ). "WASTE" MEANS REFUSE, GARBAGE, OR OTHER 
DISCARDED MATERIAL, EITHER SOLID OR LIQUID. 


.. 
SEC. 10. Section 4 is hereby amended to read as follows: 
"SEC. 4. Importation AND/OR EXPORTATION of Dangerous Drugs 
and/or Controlled Precursors and Essential Chemicals. - The penalty of 
life imprisonment [to death] and a fine ranging from Five hundred 
thousand pesos (P500, 000.00) to Ten million pesos shall be imposed 
upon any person, who, unless authorized by law, shall import or bring into 
OR EXPORT FROM the Philippines any dangerous drugs, regardless of 
the quantity and purity involved, including any or all species of opium 
poppy or any part thereof or substances derived therefrom even for floral, 
decorative and culinary purposes. 
The penalty of imprisonment ranging from twelve (12) years and 
one (1) day to twenty (20) years and a fine ranging from One hundred 
thousand pesos (P100,000.00) to Five hundred thousand pesos (P500, 
000.00) shall be imposed' upon any person, who, unless authorized by 
law, shall import AND/OR EXPORT any controlled precursor and essential 
chemical. 
The maximum penalty provided for under this Section shall be 
imposed upon any person, who unless authorized under this Act, shall 
import or bring into OR EXPORT FROM the Philippines any dangerous 
drug and/or controlled precursor and essential chemical through the use of 
a diplomatic passport, diplomatic facilities or any other means involving 
his/or her official status intended to facilitate the unlawful entry of the 
same. In addition, the diplomatic passport shall be confiscated and 
cancelled. " 
x - x -x" 
SEC. 11. Section 8 is hereby amended to read as follows: 
"SECTION 8. Manufacture of Dangerous Drugs and/or Controlled 
Precursors and Essential Chemicals. 
xxx 
THE OFFENDER OR LESSER OF THE PROPERTY OR OWNER 
OF RECORD SHALL BE HELD LIABLE TO PAY THE COST OF CLEAN 
UP OF THE CLANDESTINE LABORATORY ON THE PROPERTY, 
UNLESS THE LESSOR OF THE PROPERTY OR OWNER OF RECORD 
CAN EACH PROVE LACK OF KNOWLEDGE OF SUCH CLANDESTINE 
MANUFACTURE .. 
IN ANY SELLING OR HIRING OF PROPERTY, IT SHALL BE THE 
DUTY OF THE OWNER OF 
RECORD 
OR HIS AUTHORIZED 
REPRESENTATIVE TO DISCLOSE ACTUAL KNOWLEDGE OF PRIOR 
USE OF THE PROPERTY AS A CLANDESTINE LABORATORY TO THE 
BUYER OR LESSEE. THE LESSEE SHALL DISCLOSE TO THE BUYER 
THAT THE PROPERTY BEING LEASED WILL NOT BE USED FOR 
ILLICIT MANUFACTURE OF DRUGS AND CHEMICALS IN VIOLATION 
OF THIS ACT." 
SEC. 12. Section 11 is hereby amended by inserting an additional Section 
11 (4) to read as follows: 
"SECTION 11. Possession of Dangerous Drugs. 
x x x. 


, 
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 (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 
SUCH 
AS 
BUT 
NOT 
LIMITED 
TO 
METHYLENEDOXYMETAMPHETAMINE 
(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 REQUIREMENTS, OR LESS THAN FIFTY 
(50) GRAMS OF MARIJUANA." 
SEC. 13. A new Section shall be inserted after Section 11 which shall read 
as follows: 
"SECTION ii-A. POSSESSION OF CONTROLLED PRECURSORS AND 
ESSENTIAL CHEMICALS. -
THE PENALTY OF IMPRISONMENT 
RANGING FROM TWELVE (12) YEARS AND ONE (1) DAY TO TWENTY 
(20) YEARS AND FINE RANGING FROM ONE HUNDRED THOUSAND 
PESOS (Pi 00, 000.00) TO FIVE HUNDRED THOUSAND PESOS (P500, 
000.00) SHALL BE IMPOSED UPON ANY PERSON, WHO, UNLESS 
AUTHORIZED BY LAW, SHALL POSSESS WITH INTENT TO DELIVER 
OR HAVE UNDER HIS/HER CONTROL CONTROLLED PRECURSORS 
AND 
ESSENTIAL 
CHEMICALS, 
KNOWING, 
OR 
UNDER 
CIRCUMSTANCES WHERE ONE REASONABLY SHOULD KNOW THAT 
IT WILL 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 PRESCRIBED IN THIS SECTION." 
SEC. 14. A new Section shall pe inserted after Section 12 which shall read 
as follows: 
"SECTION 12 - A. POSSESSION OF LABORATORY EQUIPMENT, 
CONTROLLED PRECURSOR AND ESSENTIAL CHEMICALS. -
THE 
FOR THE ILLICIT MANUFACTURE OF DANGEROUS DRUGS AND 
PENALTY OF IMPRISONMENT RANGING FROM TWELVE (12) YEARS 
AND ONE (1) DAY TO TWENTY (20) YEARS AND FINE RANGING 
FROM ONE HUNDRED THOUSAND PESOS (PIOO, 000.00) TO FIVE 
HUNDRED THOUSAND PESOS (P500, 000.00) SHALL BE IMPOSED 
UPON ANY PERSON, WHO UNLESS AUTHORIZED BY LAW, SHALL 
POSSESS 
OR 
HAVE UNDER 
HIS/HER 
CONTROL ITEMS 
OF 
LABORATORY EQUIPMENT, SUCH AS, BUT NOT LIMITED TO, 
REACTION 
VESSEL, 
ENCAPSULATING 
MACHINES, 
TABLETING 
MACHINES, ROTARY EVAPORATORS, LABORATORY EQUIPMENT 
WITH A CAPACITY FOR LARGE VOLUME PRODUCTION (E.G., 
ROUND BOTTOM FLASKS OF 25 LlTRES OR ABOVE AND RELATED 
CONDENSERS, SEPARATING FUNNELS AND HEATING APPARATUS) 


KNOWING, 
OR 
UNDER 
CIRCUMSTANCES 
WHERE 
ONE 
REASONABLY SHOULD KNOW THAT IT WILL BE USED FOR ILLEGAL 
MANUFACTURE OF DANGEROUS DRUGS AND/OR CONTROLLED 
PRECURSORS AND ESSENTIAL CHEMICALS IN VIOLATION OF THIS 
ACT. THE DANGEROUS DRUGS BOARD, SHALL BY REGULATION, 
LIST SUCH INDISPENSABLE ITEMS OF EQUIPMENT PECULIAR TO 
SUCH ILLEGAL MANUFACTURE. 
THE 
UNAUTHORIZED 
POSSESSION 
OF 
SUCH 
INDISPENSABLE 
ITEMS 
OF 
EQUIPMENT, 
INSTRUMENT 
AND 
APPARATUS SHALL BE PR/MA FAC/E EVIDENCE THAT THE 
POSSESSOR HAS ILLEGALLY MANUFACTURED OR INTENDS TO 
MANUFACTURE 
DANGEROUS 
DRUGS 
OR 
CONTROLLED 
PRECURSORS AND ESSENTIAL CHEMICALS." 
SEC. 15. Section 15 is hereby amended to read as follows: 
"SEC. 15. Use of Dangerous Drugs AND CONTROLLED PRECURSORS 
AND ESSENTIAL CHEMICALS. - A person apprehended w arrested, 
who is found to be positive for use of any dangerous drug OR 
CONTROLLED PRECURSOR AND ESSENTIAL CHEMICAL AND A 
DEPENDENT, after a confirmatory test, AND A DEPENDENT AFTER 
DEPENDENCY EXAMINATION, shall be imposed a penalty of a minimum 
of six (6) months TREATMENT AND rehabilitation in a government center 
AND AFTER CARE for the first offense, subject to the provisions of Article 
VIII of this Act. If not a dependent, he/she shall suffer the PENALTY OF 
IMPRISONMENT RANGING FROM SIX (6) MONTHS AND ONE (1) DAY 
TO SIX (6) YEARS IMPRISONMENT AND FINE OF FROM TEN 
THOUSAND PESOS (PIO, 000.00) TO FIFTY THOUSAND PESOS (P50, 
000.00). If apprehended using any dangerous drug OR CONTROLLED 
PRECURSOR AND ESSENTIAL CHEMICAL, for the second time he/she 
shall suffer the penalty of imprisonment ranging from six (6) years and one 
(1) day to twelve years imprisonment and fine from Fifty thousand pesos 
(P50, 000.00) to Two hundred thousand pesos (P200, 000.00). Provided, 
That this Section shall not be applicable where the person tested is also 
found to have in his/her possession such quantity of any dangerous drugs 
provided 
for 
under 
Section 
11 
AND 
OF 
ANY 
CONTROLLED 
PRECURSORS AND ESSENTIAL CHEMICALS UNDER SECTION 11-A 
of this Act, in which case the proviSions stated therein shall apply. 
SEC. 16. Sections 21(2) and 21(4) are hereby amended to read as 
follows: 
"SEC. 21. Custody and Disposition of Confiscated, Seized, and/or 
Surrendered Dangerous Drugs, Plant Sources of Dangerous Drugs, 
Controlled 
Precursors 
and 
Essential 
Chemicals, 
Instruments/paraphernalia and/or Laboratory Equipment. 
xxx 
2) Within twenty-four (hours) upon confiscation/seizure of dangerous 
drugs, plant sources of dangerous drugs, controlled precursors and 
essential 
chemicals, 
as well 
as 
instruments/paraphernalia and/or 
laboratory equipment, the same shall be submitted to the PDEA Forensic 
laboratory for a qualitative and quantitative examination. 


• 
WHERE A SEIZURE OF ILLICIT LABORATORY IS MADE, THE 
PDEA, SHALL PROPERLY DISPOSED WITHIN REASONABLE TIME , 
CHEMICALS 
WHICH 
ARE 
NOT 
LISTED 
AS 
CONTROLLED 
PRECURSORS 
AND 
ESSENTIAL 
CHEMICALS, 
REMAINING 
UNIDENTIFIED LIQUID, OR SOLID CHEMICALS IN UNLABELED 
CONTAINERS AND/OR IN OPENED CONTAINERS THAT CANNOT BE 
RESEALED, AND WASTES, WHICH ARE NOT NEEDED AS EVIDENCE 
IN 
THE 
INVESTIGATION OR 
PROSECUTION 
OF THE 
CASE: 
PROVIDED, THAT SUCH ITEMS OF CHEMICALS AND WASTE SHALL 
BE SEPARATELY PHOTOGRAPHED AND INVENTORIED." 
xxx 
4) After the filing of the criminal case, the Court shall, within seventy two 
(72) hours, conduct an ocular inspection of the confiscated, seized and/or 
surrendered dangerous drugs, plant sources of dangerous drugs, and 
controlled 
precursors 
and 
essential 
chemicals, 
including 
the 
instruments/paraphernalia and/or laboratory equipment, and through the 
PDEA shall within twenty four (24) hours thereafter proceed with the 
destruction or burning of the same, in the presence of the accused or the 
persons from whom such items were confiscated and/or seized, or his 
representative or counsel, a representative from the media and the 
Department of Justice, civil society groups and any elected public official. 
THE 
PROPERTY 
ON 
WHICH 
THE 
CLANDESTINE 
MANUFACTURE OF DRUGS AND/OR CONTROLLED PRECURSORS 
AND ESSENTIAL CHEMICALS WAS SEIZED SHALL BE CLEANED UP 
UNDER THE SUPERVISION OF THE BOARD, IN COOPERATION WITH 
THE DEPARTMENT OF 'HEALTH, DEPARTMENT OF ENVIRONMENT 
AND NATURAL RESOURCES AND LOCAL GOVERNMENT UNIT. The 
Board shall draw up guidelines on the manner of proper disposition and 
destruction of such items, INCLUDING CLEAN UP OF CLANDESTINE 
LABORATORY, which shall be borne by the offender OR IN THE CASE 
OF CLEAN UP OF CLANDESTINE LABORATORY, THE LESSOR OF 
THE PROPERTY OR OWNER OF RECORD SHALL ALSO BEAR THE 
COST, UNLESS THE LESSOR OF THE PROPERTY OROWNEROF 
RECORDCAN 
EACH PROVE LACK OF KNOWLEDGEOF SUCH 
CLANDESTINE MANUFACTURE. Provided, that a representative sample 
duty weighed and recorded is retained." 
SEC. 17. Section 22 is hereby amended to read as follows: 
"SEC. 22. Grant of Compensation, Reward and Award. - The Board shall 
recommend 
to 
the concerned government agency the grant of 
compensation, reward anCJ award to any person providing information and 
to law enforcers partiCipating in the operation, which results in the 
successful confiscation, seizure or surrender of dangerous drugs, plant 
sources of dangerous drugs, and controlled precursors and essential 
chemicals AND LABORATORY EQUIPMENT: PROVIDED, HOWEVER, 
THAT THE COMPUTATION OF MONETARY REWARD SHALL BE 
BASED ON 100 PER CENT PURITY OF THE DANGEROUS DRUGS, 
OR CONTROLLED PRECURSORS AND ESSENTIAL CHEMICALS: 
PROVIDED FURTHER, THAT QUANTITATIVE AND QUALITATIVE 
EXAMINATIONS 
ARE 
CONDUCTED 
BY 
THE 
FORENSIC 
LABORATORY EXAMINER WITHIN TWENTY (24) HOURS AFTER 
RECEIPT 
OF 
SEIZED 
ITEMS: 
PROVIDED, 
FINALLY, 
THAT 
OFFENDERS 
ARE 
IDENTIFIED 
OR 
APPREHENDED 
AND/OR 
CHARGED IN COURT." 


SEC. 18. Section 26, is hereby amended to read as follows: 
"SECTION 26. Attempt and Conspiracy. - Any attempt or conspiracy to 
commit the following unlawful acts shall be penalized by the same penalty 
prescribed for the commis~ion of the same as provided under this Act: 
xxx 
F) CHEMICAL DIVERSION." 
SEC. 19. Section 33 is hereby amended to read as follows: 
"SECTION 
33. 
Immunity 
from 
Prosecution 
and 
Punishment. 
-
Notwithstanding the provisions of Section 17, Rule 119 of the Revised 
Rules on Criminal Procedure and the provisions of Republic Act No. 6981 
or the Witness Protection Security and Benefit Act of 1991,' any person 
who has violated. Sections 7, [111,11(3),11 (4), 11-A,-12, 12A, 14 AND 15 
[and 191, Article" 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 [of any of'the members thereof; and who willingly testifies 
against such persons as described above, shall be exempted from 
prosecution or punishment for the offense with 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: 
1. The information and testimony are necessary for the convictions of the 
persons described above; 
2. Such information and testimony are not yet in the possession of the 
State; 
3. Such information and testimony can be corroborated on its material 
point; 
4. The informant or witness has not been previously convicted of a crime 
involving moral turpitude, except when there is no other direct evidence available 
for the State other than the information and testimony of said informant or 
witness; and, 
5. The informant or witness shall strictly and faithfully comply without 
delay, or any condition or undertaking, reduced into writing, lawfully imposed by 
the State as further consideration for the grant of immunity from prosecution and 
punishment. 
xx x." 
SEC. 20. Section 51 is hereby amended to read as follows: 
"SECTION 51. Local Government Units' PROGRAMS AND Assistance. -
Local government units shall UNDERTAKE LOCAL DRUG AND 
CHEMICAL 
PREVENTION 
AND 
CONTROL 
PROGRAMS 
IN 
COOPERATION AND COORDINATION WITH THE BOARD AND ITS 
MEMBER 
DEPARTMENTS 
AND 
NON-GOVERNMENTAL 
ORGANIZATIONS. THEY SHALL appropriate a substantial portion of 


, . 
their respective annual budgets to assist in or enhance the enforcement of 
this Act giving priority to preventive or educational programs and the 
rehabilitation or treatment of drug ANDIOR CHEMICAL dependents." 
SEC. 21. The Title of Article VIII and Sections 54, 55, 56, 57, 58, 59, 60, 
61,62,63,64,68,72,73,74,75 and 76 of the same Article are hereby amended 
by deleting the words "drug dependent" wherever they appear and replacing 
them with the words "DRUG ANDIOR CHEMICAL DEPENDENT". 
SEC. 22. Section 78 is hereby amended to read as follows: 
"SECTION 78. Composition of the Board. - The Board shall be composed 
of [seventeen (17)] TWENTY (20) members wherein three (3) of which are 
permanent members, the other [twelve (12)] FIFTEEN (15) members shall 
be in an ex-officio capacity and the two (2) shall be regular members. 
The three (3) permanent members, who shall possess at least 
seven year training and experience in the field of dangerous drugs and 
any of 
following fields, in law, medicine, criminology, psychology or 
social work, who shall be appointed by the President of the Philippines. 
The President shall designate a Chairman, who shall have the rank of a 
Secretary from among the three (3) permanent members who shall serve 
for six (6) years. Of the two (2) other members, who shall have the rank of 
undersecretary, one (1) shall serve for four (4) years and other for two (2) 
years. Thereafter, the persons appointed to succeed such members shall 
hold office fora term of six (6) years and until their successors shall have 
been duly appointed and qualified. The other [twelve (12)] FIFTEEN (15)-
members who shall be ex-officio members of the Board are the following: 
1) Secretary of the Department of Justice or his/her authorized 
representative; 
2) Secretary of the Department of Health or his/her authorized 
representative; 
3) Secretary of the Department of national Defense or his/her authorized 
representative: 
4)Secretary of the Department of Finance or his/her authorized 
representative; 
5) Secretary of the Department of Labor and Employment or his/her 
authorized representative; 
6) Secretary of the Department of Interior and Local Government or 
his/her authorized representative; 
7) Secretary of the Department of Social Welfare and Development or 
His/her authorized representative; 
8) Secretary of the Department of Foreign Affairs or his/her authorized 
representative; 
9) Secretary of the Department of Education or his/her authorized 
representative; 


I 
10) SECRETARY OF THE DEPARTMENT OF TRANSPORTATION AND 
COMMUNICATION OR HIS/HER AUTHORIZED REPRESENTATIVE' , 
11)SECRETARY 
OF 
THE 
DEPARTMENT 
OF 
BUDGET 
AND 
MANAGEMENT OR HIS/HER AUTHORIZED REPRESENTATIVE; 
12)Chairman of the Co'mmission on Higher Education or his/her 
representative; 
13) Chairman of the National Youth Commission or his/her representative; 
14) Director General of the Philippine Drug Enforcement Agency or his/her 
representative; 
15) EXECUTIVE DIRECTOR OF THE DANGEROUS DRUGS BOARD; 
[Cabinet Secretaries who are members of the Board] EX-OFFICIO 
members of the Board, except the Executive Director of the Board may designate 
their duly authorized and permanent representatives whose ranks shall in no 
case 
be 
lower than 
[undersecretary] 
ASSISTANT 
SECRETARY. 
THE 
EXECUTIVE DIRECTOR OF THE BOARD SHALL HAVE NO VOTING RIGHTS 
ON ISSUES BEFORE THE BOARD. 
The two (2) regular members shall be as follows: 
(a) The President of the Integrated Bar of the Philippines or AUTHORIZED 
REPRESENTATIVE; and, 
(b) The chairman or president of a non-government organization HIS/HER 
involved in dangerous drug campaign to be appointed by the President of the 
Philippines. 
The Director of the NBI and the Chief of the PNP shall be the [permanent] 
EX-OFFICIO consultants of the Board, and [shall] MAY attend all the meetings of 
the Board. 
THE BOARD MAY ENGAGE THE SERVICES OF CONSULTANTS WHO 
ARE DEEMED EXPERTS IN DRUG ABUSE AND CONTROL POLICIES, 
STRATEGIES AND PROGRAMS, RESEARCH, AND INTERNATIONAL DRUG 
CONVENTIONS, SUBJECT TO THE PERTINENT BUDGETARY LAWS, RULES 
AND 
REGULATIONS 
ON 
COMPENSATION, 
HONORARIA 
AND 
ALLOWANCES. 
All members of the Board as well as its [permanent] EX-OFFICIO 
consultants shall receive a per diem for every meeting actually attended subject 
to the pertinent budgetary laws, rules and regulations on compensation, 
honoraria and allowances: Provided, That where the representative of an ex-
officio member or [permanent] consultant attends a meeting in behalf of the 
latter, such PERMANENT representatives shall be entitled to receive the per 
diem. " 
SEC. 23. Section 79 is hereby amended to read as follows: 
"SECTION 79. Meetings of the Board. - The Board shall meet once a 
[week] MONTH or as often as necessary at the call of the [discretion of 
the] Chairman or any four (4) other members. The presence of [nine (9)] 
ELEVEN (11) members shall constitute a quorum." 


4· , , 
SEC 24. Republic Act No. 9165 Sec. 80 is hereby amended to read as 
follows: 
"SECTION 80. Secretariat of the Board. x x x 
The existing secretariat of the Board shall be under the administrative 
control and supervision of the Executive Director. It shall be composed of 
the following [divisions] SERVICES: Policy Studies, Research and 
Statistics; Preventive Education, Training and Information; Legal Affairs; 
and the Administrative and Financial Management." 
SEC 25. Section 82, is hereby amended to read as follows: 
"SECTION 82. Creation of the Philippine Drug Enforcement Agency, - x xx 
The PDEA shall be headed by a Director General with the rank of 
Undersecretary, who shall be responsible for the general administration 
and management of the A,gency. 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 must possess adequate 
knowledge, training and experience in the field of dangerous drugs AND 
CONTROLLED 
PRECURSORS 
AND 
ESSENTIAL 
CHEMICALS 
CONTROL and 
in anv of the following fields: law enforcement, 
criminology, CRIMINAL POLICING, LEGAL AND PROSECUTION, 
CRIMINOLOGY, 
AND 
INTELLIGENCE 
AND 
SECURITY 
ADMINISTRATION. [law, medicine, psychology or social work]. HE MUST 
ALSO POSSESS A POSTGRADUATE DEGREE, AND CAREER 
EXECUTIVE SERVICE ELIGIBILITY. 
The Director General of the PDEA shall be assisted in the performance of 
his/her duties and responsibilities by two (2) deputies director general with 
the rank of Assistant Secretary: one for Operations and the other one for 
Administration. The two deputies director general shall likewise be 
appointed by the President of the Philippines upon recommendation OF 
THE DIRECTOR GENERAL OF THE PDEA and CONCURRENCE of the 
Board. The two (2) deputies director general shall possess the same 
qualifications as those of the Director General of the PDEA. The Director 
General and the two (2) deputies director general shall receive the 
compensation and salaries as prescribed by law. 
HAZARD PAY EQUIVALENT TO TWENTY FIVE (25) PER CENT OF 
MONTHLY SALARY SHALL BE GRANTED TO OFFICIALS, AGENTS, 
INVESTIGATORS AND OTHER PERSONNEL OF THE PDEA WHOSE 
GEOGRAPHICAL ASSIGNMENT OR FUNCTIONAL MISSION EXPOSE 
THEM TO GREAT DANGER OR RISKS, SUBJECT TO ACCOUNTING 
AND AUDITING REQUIREMENTS. 
SEC. 26. Sections 84 (m) and (0) are hereby amended to read as follows: 
SECTION 84. Powers and Duties of the PDEA 
m). Establish and maintain close coordination, cooperation and linkages 
with 
international 
drug 
control 
and 
administrative 
agencies 
and 
organizations, WITH DRUG SUPPLY REDUCTION AND CHEMICAL 
DIVERSION CONTROL FUNCTIONS AND PROGRAMS, and implement 
applicable provisions of international conventions and agreements relative 
to 
dangerous 
drugs 
AND 
CONTROLLED 
PRECURSORS 
AND 
ESSENTIAL CHEMICALS to which the Philippines is a signatory; 
xxx 
0) [Require all government and private hospitals, clinics, doctors, dentists 


• • 
, 
and other practitioners to .submit a report to it, in coordination with the 
Board, about all dangerous drugs and/or controlled precursors and 
essential chemicals which they have attended to for data and information 
purposes]. CONDUCT REGULATORY COMPLIANCE INSPECTION AND 
DANGEROUS DRUG AND CONTROLLED PRECURSOR DIVERSION 
CONTROL PROGRAM AND INVESTIGATION: 
xxx 
s) DEPUTIZE, AS PDEA AGENT, QUALIFIED PERSONNEL AND/OR 
UNITS OF OTHER DEPARTMENT BUREAU, OFFICE, AGENCY, OR 
LOCAL GOVERNMENT 'UNITS TO ASSIST IN A MORE RESOLUTE 
IMPLEMENTATION OF THIS ACT. 
SEC. 27. Section 85 is hereby amended to read as follows: 
"SECTION 85. PDEA Academy. - Upon approval of the Board, the PDEA 
Academy shall be established either in Baguio or Tagaytay City and in 
such other places as may be necessary: PROVIDED, THAT UNTIL SUCH 
TIME THAT A FUNCTIONAL PDEAACADEMY IS ESTABLISHED, PDEA 
IS AUTHORIZED TO CONDUCT ITS TRAINING IN ANY EXISTING 
TRAINING ACADEMY OR INSTITUTION OR FACILITY OPERATED BY 
ANY 
DEPARTMENT,· 
BUREAU, 
OFFICE, 
AGENCY 
OR 
INSTRUMENTALITY OF THE GOVERNMENT, SUBJECT TO PRIOR 
CONSULTATION 
WITH 
AND 
AGREEMENT 
OF 
THE 
PARTIES 
CONCERNED." 
SEC. 28. Section 86 is hereby amended by inserting a paragraph after the 
second paragraph to read as follows: 
"SECTION 86. Transfer, Absorption, and Integration of All Operating Units 
on Illegal Drugs into the PDEA and Transitory Provisions. - " x x x The 
transfer, absorption and integration of the different offices and units 
provided for in this Section shall take effect within eighteen (18) months 
from effectivity of this Act: Provided, That personnel absorbed and on 
detail service shall be given until five (5) years to finally decide to join the 
PDEA. 
HEADS OF PHILIPPINE NATIONAL POLICE, NATIONAL BUREAU OF 
INVESTIGATION, BUREAU OF CUSTOMS, ARMED FORCES OF THE 
PHILIPPINES OR OTHER GOVERNMENT AGENCIES AND LOCAL 
GOVERNMENT 
UNITS 
PERFORMING 
LAW 
ENFORCEMENT 
FUNCTIONS OR MISSIONS ARE AUTHORIZED TO CONTINUE 
PLACEMENT OF THEIR PERSONNEL ON DETAIL SERVICE WITH 
PDEA UPON REQUEST OF DG PDEA FOR A PERIOD NOT 
EXCEEDING FIVE YEARS: PROVIDED, THAT 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 PROCURE A MINIMUM OF THREE THOUSAND 
(3,000) 
ORGANIC PQEA AGENTS: 
PROVIDED FINALLY, THAT 
PERSONNEL ON DETAIL SHALL BE GIVEN THE OPTION TO JOIN 
THE 
PDEA, 
SUBJECT 
TO 
PERTINENT 
LAWS, 
RULES 
AND 
REGULATION, 
AND QUALIFICATION 
REQUIREMENTS OF THE 
PDEA." 
SEC. 29. Section 87 is hereby amended to read as follows: 
"SECTION 87. Appropriations x x x 


· ' 
" 
. 
All receipts derived from fines, fees and other income authorized and 
imposed in this At, including ten percent (10%) of all unclaimed and 
forfeited sweepstakes and lotto prizes but less than twelve million pesos 
(P12,000,000.00) per year from the Philippine Charity Sweepstakes Office 
(PCSO), are hereby constituted as a special account in the general fund 
for the implementation of this Act: Provided, That, EXCEPT AS 
PROVIDED OTHERWISE ELSEWHERE IN THIS SECTION, no amount 
shall be disbursed to cover operating expenses of the Board and other 
concerned agencies: PROVIDED HOWEVER, THAT PDEA SHALL 
RETAIN THE TOTAL COLLECTION FOR DRUGS AND CHEMICAL 
FEES AND CHARGES TO FUND THE COMPLIANCE AND CHEMICAL 
DIVERSION CONTROLPROGRAM, PDEA ACADEMY DEVELOPMENT 
PROGRAM, 
AND 
FORENSIC 
LABORATORY 
DEVELOPMENT 
PROGRAM OTHER THAN WHAT IS PROVIDED FOR IN THE GENERAL 
APPROPRIATIONS ACT.: Provided further, That at least fifty percent 
(50%) of all the funds, EXCEPT FEES AND CHARGES COLLECTED BY 
PDEA, shall be reserved for assistance to government-owned and/or 
operated rehabilitation center." 
SEC. 30. Section 93 is hereby amended to read as follows: 
"SECTION 93. Reclassification, Addition or Removal of Any Drug AND 
CHEMICAL from the Lists of Dangerous Drugs OR CONTROLLED 
PRECURSORS AND ESSENTIAL CHEMICALS. - The Board shall have 
the power to reclassify, add to or remove from the lists of dangerous drugs 
AND CONTROLLED PRECURSORS AND ESSENTIAL CHEMICALS: 
PROVIDED, THAT THE BOARD SHALL ONLY REMOVE FROM SUCH 
LISTS, ANY OF THE DANGEROUS DRUGS OR CONTROLLED 
PRECURSORS AND ESSENTIAL CHEMICALS THAT IT HAD ADDED, 
BY REGULATION, BUT NOT LISTED IN THE SCHEDULES UNDER 
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 
ESSENTIALS 
FROM 
. ANY 
SPECIFIC 
PROVISION 
OF 
THE 
REGULATION 
UNDER 
THIS 
ACT: 
PROVIDED, 
THAT 
SUCH 
DANGEROUS DRUG PREPARATION OR ANY DRUG PREPARATION 
CONTAINING CONTROLLED PRECURSORS AND ESSENTIALS IS 
REGISTERED WITH THE BUREAU OF FOOD AND DRUGS AS A 
DRUG, 
AND 
PRODUCTS 
CONTAINING 
THE 
CONTROLLED 
PRECURSORS AND ESSENTIAL CHEMICALS ARE IN LEGITIMATE 
TRADE AND COMMERCE. Proceedings to reclassify, add, or remove a 
drug, or CHEMICAL or other substances, OR EXEMPT IT FROM ANY 
PRESCRIBED REGULATION may be initiated by the PDEA, the DOH, or 
by petition from any interested party, including the manufacturer of a drug 
OR OTHER SUBSTANCES OR CHEMICAL, a medical society or 
association, pharmacy association, chemical association, a public interest 
group concerned with drug OR CHEMICAL abuse, a national or local 
government agency, or an individual citizen. When a petition is received 
by the Board, it shall immediately begin its own investigation of the drug 
OR CHEMICAL OR SUBSTANCE. The PDEA also may begin its own 
investigation of a drug OR CHEMICAL OR SUBSTANCE at any time 
based upon the information received from law enforcement laboratories, 


.. 
~'.'-
national and local law enforcement and regulatory agencies or other 
sources of information. 
The Board after notice and hearing shall consider 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 OR 
CHEMICAL or other SUbstance; 
d) Its EVIDENCE AND history of current pattern of abuse, ILLICIT 
TRAFFIC AND DIVERSION: 
e) The scope, duration, and significance of abuse, ILLICIT TRAFFIC AND 
DIVERSION; 
f) Risk to public health; 
g) Whether the substance is an immediate precursor of a substance 
already controlled under this Act; 
h) TOXICOLOGY, INCLUDING ADVERSE REACTIONS IN HUMANS; 
i) THERAPEUTIC OR INDUSTRIAL USE; 
j) WHETHER THE PREPARATION OR MIXTURE IS COMPOUNDED IN 
SUCH A WAY THAT IT PRESENTS NO, OR NEGLIGIBLE, RISK OF 
ABUSE OR 
DIVERSION AND THE SUBSTANCE CANNOT 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 IS FORMULATED IN 
SUCH A WAY THAT IT CANNOT BE EASILY USED IN THE ILLICIT 
PRODUCTION OF A DANGEROUS DRUG: 
I) WHETHER THE CONTROLLED PRECURSOR AND ESSENTIAL 
CHEMICAL CAN BE READILY RECOVERED FROM THE DRUG OR 
GROUPS OF DRUGS OR CHEMICAL MIXTURE OR END PRODUCT 
CONTAINING THE CHEMICAL. 
The Board shall take into accord the obligations and commitments 
to international treaties, conventions and agreements to which the 
Philippines is a signatory. 
The Dangerous Drugs Board shall give notice to the general public 
of the public hearing of the reclassification, addition to or removal from the 
list of any drug OR CHEMICAL OR SUBSTANCE OR EXEMPTION 
FROM ANY PRESCRIB~D REGULATION by publishing such notice in 
any newspaper of general circulation once a week for two weeks AND/OR 
PROVIDING INTERESTED PARTIES WITH DUE NOTICES. THE 
BOARD SHALL LIKEWISE GIVE NOTICE TO THE GENERAL PUBLIC 
OF ITS DECISIONS BY PUBLISHING THE REGULATION IN ANY 
NEWSPAPER OF GENERAL CIRCULATION ONCE A WEEK FOR TWO 
WEEKS. 
The effect of such reclassification, addition or removal FROM THE LISTS 
OF 
DANGEROUS 
DRUGS 
AND 
CONTROLLED 
PRECURSORS 
AND 
ESSENTIAL CHEMICALS, OR EXEMPTION FROM ANY PRESCRIBED 
REGULATION shall be as follows: 
a) In case a dangerous drug is reclassified as a controlled precursors and 


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