FIFTEENTH CONGRESS OF THE
REPUBLIC OF THE PHILIPPINES.
First Regular Session

HOUSE OF REPRESENTATIVES
House Bill No. 3930

Introduced by Representatives ELPIDIO F, BARZAGA, JR. &
VICENTE “VARF” BELMONTE

EXPLANATORY NOTE

Last June 19, 2004, PO1 Samuel Quiteves of the Police Community Precinct
6 of Pasig Police Station was caught on video using methylamphetamine
hydrochloride or shabu. To aggravate the situation, PO1 Quiteves was in
police uniform when he indulged in the use of prohibited drugs inside their
police station.

Several other cases of drug use have been filed against unscrupulous
enforcers but the issue of drug use among persons in authority, sworn in to
safeguard the welfare of the Filipinos against the harmful effects of prohibited
drugs, have not been fully addressed

Such is the case of four other members of the Philippine National Police,
namely: PO1 Antonio Carmona and PO2 Richard Guiyab who were caught
using prohibited drugs. In the aftermath of the GMA News Imbestigador
broadcast of the pot session, PO2 Armando Jimenez and PO3 Hermil Lumba
tested positive for use of prohibited drugs after a surprise drug test.

The drug user is considered a victim of this plague but if the user has the
responsibility to uphold the law, he/she should be criminally liable for violating
the law. He/she cannot feign ignorance of the law because they were trained
to comprehend and ensure the proper implementation of the law, including the
Comprehensive Dangerous Drugs Act of 2002.

Drug use by an officer or member of the military, police and other law
enforcement agencies creates a far reaching effect to public perception on the
integrity of the entire law enforcement body tasked to protect the Filipino
citizenry. -

The bare promise of reformation/repentance and the plea for a second

chance could not brush aside the fact of committing grave misconduct by the
use of prohibited drugs punishable by law and witnessed by the entire nation

In view of the foregoing, early passage of raat requested

Vicente “Verf” Belmonte coat’ ga, Jr.



FIFTEENTH CONGRESS OF THE
REPUBLIC OF THE PHILIPPINES
First Regular Session

HOUSE OF REPRESENTATIVES

House BillNo.__ 3990.

Introduced by Representatives ELPIDIO F, BARZAGA, JR. &
VICENTE “VARF” BELMONTE

AN ACT PROVIDING FOR CRIMINAL LIABILITY AMONG OFFICERS
AND MEMBERS OF THE MILITARY, POLICE AND OTHER LAW
ENFORCEMENT AGENCIES FOR DRUG USE, AMENDING FOR THE
PURPOSE SECTIONS 15 AND 36 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 4. Section 15 of Republic Act No. 9165, otherwise known as
the Comprehensive Dangerous Drugs Act of 2002, is hereby amended to read
as follows:

"SEC. 15. Use of Dangerous Drugs - A_person

[apprehended or arrested] who SHALL USE ANY

DANGEROUS DRUG AND is found to be positive for use

after a confirmatory test, shall be imposed a penalty of a

minimum of six (6) months rehabilitation in a government

center for the first offense, subject to the provisions of Article

VIIL of this Act. PROVIDED, HOWEVER, THAT IF THE

PERSON CAUGHT USING DANGEROUS DRUGS IS AN

OFFICER AND MEMBER OF THE MILITARY, POLICE

AND OTHER LAW ENFORCEMENT AGENCIES, HE/SHE

SHALL SUFFER THE PENALTY OF IMPRISONMENT

RANGING FROM SIX (6) MONTHS AND ONE (1) DAY TO

FOUR (4) YEARS, WITHOUT THE BENEFIT OF THE

PROBATION LAW, AND A FINE RANGING FROM TEN

THOUSAND PESOS (P10,000.00) TO FIFTY THOUSAND

PESOS (P50,000.00) SHALL BE IMPOSED. PROVIDED,

FURTHER, THAT THE OFFICER AND MEMBER OF THE

MILITARY, POLICE AND OTHER LAW ENFORCEMENT

AGENCIES CAUGHT USING DANGEROUS DRUGS

SHALL UNDERGO SUMMARY _ DISMISSAL

PROCEEDINGS. If apprehended using any dangerous drug

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, FINALLY, 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


drug provided for under Section 11 of this Act, in which case
the provisions stated therein shall apply.”

SEC. 2. Section 36 of Republic Act No. 9165, otherwise known as the
Comprehensive Dangerous Drugs Act of 2002, is hereby amended to read as
follows:

“SEC. 36. Authorized Drug Testing. — Authorized drug
testing shall be done by any government forensic
laboratories or by any of the drug testing laboratories
accredited and monitored by the DOH to safeguard the
quality of test results. The DOH shall take steps in setting the
price of the drug test with DOH accredited drug testing
centers to further reduce the cost of such drug test. The drug
testing shall employ, among others, two (2) testing methods,
the screening test which will determine the positive result as
well as the type of the drug used and the confirmatory test
which will confirm a positive screening test. Drug test
certificates issued by accredited drug testing centers shall be
valid for a [one-year] ONE-MONTH period from the date of
issue which may be used for other purposes.

The following shall be subjected to undergo MANDATORY
drug testing ON A RANDOM BASIS UNDER SUCH
GUIDELINES TO BE PROMULGATED BY THE
DANGEROUS DRUGS BOARD:

“(a) Applicants for driver's license[. -No driver's license shall
be issued or renewed to any person unless he/she presents
a certification that he/she has undergone a mandatory drug
test and indicating thereon that he/she is free from the use of
dangerous drugs]

“(b) Applicants for firearm’s license and for permit to carry
firearms outside of residence[. — All applicants for firearm’s
license and permit to carry firearms outside of residence
shall undergo a mandatory drug test to ensure that they are
free from the use of dangerous drugs: Provided, That all
persons who by the nature of their profession carry firearms
shall undergo drug testing.]

“(c) Students of secondary and tertiary schools[. — Students
of secondary and tertiary schools shall, pursuant to the
related rules and regulations as contained in the school's
student handbook and with notice to the parents, undergo a
random drug testing: Provided, That all drug testing
expenses whether in public or private schools under this
Section will be borne by the government]

“(d) Officers and employees of public and private offices[. -
Officers and employees of public and private offices,
whether domestic or overseas, shall be subjected to undergo


a random drug test as contained in the company's work rules
and regulations, which shall be borne by the employer, for
purposes of reducing the risk in the workplace. Any officer or
employee found positive for use of dangerous drugs shall be
dealt with administratively which shall be a ground for
suspension or termination, subject to the provisions of Article
282 of the Labor Code and pertinent provisions of the Civil
Service Law]

“(e) Officers and members of the military, police and other
law enforcement agencies[. - Officers and members of the
military, police and other law enforcement agencies shall
undergo an annual mandatory drug test]

“ (f) All persons charged [before the prosecutor's office with a
criminal offense having an imposable penalty of
imprisonment of not less than six (6) years and one (1) day
shall have to undergo a mandatory drug test; and] OR
ABOUT TO BE CHARGED FOR USING DANGEROUS
DRUGS

“{(g) All candidates for public office whether appointed or
elected both in the national or local government shall
undergo a mandatory drug test.]

“In addition to the above stated penalties in this Section,
those found to be positive for dangerous drugs use shall be
subject to the provisions of [Section 15] ARTICLE Vill of this
by

SEC. 3. Separability Clause. — If any provision or part hereof is held

invalid, or unconstitutional, the remainder of the law or the provision not

otherwise affected shall remain valid and subsisting.

SEC. 4. Repealing Clause. — All laws, presidential decrees or

issuances, executive orders, letters of instruction, administrative orders, rules
and regulations contrary to or inconsistent with the provisions of this Act are

hereby repealed, modified or amended accordingly.

SEC. 5. Effectivity. — This Act shall take effect fifteen (15) days after

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

Approved,