THIRTEENTH CONGRESS OF THE REPUBLIC 
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OF THE PHILIPPINES 
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S. B. No. 196;: 
Introduced by Senator R. G. Biazon 
EXPLANATORY NOTE 
To carry out the policy of the State to safeguard the well being of its 
citizenry particularly the youth, from the harmful effects of dangerous drugs, Sec. 
2 of RA 9165, otherwise known as the Comprehensive Dangerous Drugs Act of 
2002, provides that 'I.. .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 four (4) years since the enactment of Republic Act No. 9165. 
Experience tells us that there is need to introduce amendments to Sections 3 (r), 
22, 78, 79 and 93, as well as to introduce an additional Section1 I-A for reasons 
stated accordingly as follows: 
(a) Sec. 3 (r). - Illegal Trafficking. The purpose is to amplify and reconcile Sec 
3(r) with Section 3 (ij) in relation to Section 5, and the proposed Section 11-A, 
and Afticle 2 of the 1988 UN Convention Against Illicit Traffic in Narcotic Drugs 
and Psychotropic Substances. The present definition includes "possession of 
controlled precursor and essential chemical" as a trafficking activity. 
(b) Sec. 11- A. - Possession of Controlled Precursors and Essential Chemicals. 
The purpose is to penalize possession of controlled precursors and essential 
chemicals by an individual whose intent or purpose is to use such chemical for 
any of illegal activity specified in the section. This will help drug law enforcement 
efforts to curtail traffic in controlled precursor and essential chemicals and at the 
same time make distinction between possession for illegal intent or purpose and 
possession for legitimate use. 
(c) Sec. 22. Grant of Compensation, Reward and Award. The purpose is change 
the current system of reward, which is based on the weight of the seized 
dangerous drug or controlled precursor and essential chemical regardless of 
purity. The amendment, which will be based on 100 per cent purity will result in 
payment of reward on the equivalent weight of such drug or chemical and 
preclude payment of reward on adulterants. 
(d) Sec. 78. Composition of the Board. The purpose is to increase membership of 
the Board by including the Secretary of Communication and Transportation or 
hislher authorized representative because the DOTC is involved in the 
implementation of RA 9165 and its regulations. Moreover, the DOTC supervises, 


the Philippine Coast Guard, which provide support to the PNP Maritime Group in 
maritime policing of Philippine territorial and inland waters. Likewise, the 
Executive Director of the Board should also be a made an Ex-Officio member 
because he is the Secretary of the Board. 
The permanent representatives of the ex-Officio members of the Board 
should be at least Assistant Secretary to ensure regular attendance and quorum. 
Further the Director of NBI and Chief PNP be reclassified from Permanent 
Consultants to Consultants only because they both represent law enforcement 
agencies and their respective department Heads are ex-officio members of the 
Board. Moreover, the Board needs to avail of services of expert consultants in 
other fields of drug abuse prevention and control. 
(e) Sec. 79. Meetings of the Board. The purpose is to change the frequency of 
meeting to once a month from once a week because the DDB has already made 
policies, strategies and programs for the last 33 years. Moreover, this will ensure 
quorum with rightful representations. 
(f) Sec. 93. Reclassification, Addition or Removal of Any Drug from the List of 
Dangerous Drugs. The purpose is to similarly empower the Board to add or 
remove any chemical from the list of controlled precursors and essential 
chemicals, as well as, clearly empower the Board to exempt from any specified 
regulatory control any drug preparation listed in Schedule 111 of the 1961 Single 
Convention on Narcotic Drugs, and in Schedule IV of the 1971 Convention on 
Psychotropic Substances, and chemical mixture, preparations or products 
containing controlled chemicals listed in Table 1 and I I  of 1988 UN Convention 
Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, which are 
integral part of RA 9165, to make them readily available for medical and 
legitimate industrial or personal use. 
In view of the foregoing, early passage of this bill is earnestly requested. 
Senator 


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THIRTEENTH CONGRESS OF THE REPUBLIC 
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First Regular Session 
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S. B. No. - 
Introduced by Senator Rodolfo G. Biazon 
AN ACT 
AMENDING CERTAIN PROVISIONS OF REPUBLIC ACT 91 65 OTHERWISE 
KNOWN AS THE COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002 
Be it enacted by the Senate and House of Represenfafive of the Philippines in 
Congress Assembled: 
SECTION 1. Republic Act No. 9165, 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, diversion, and possession&r 
the purpose or with the intention of enqanina in, or 
knowinn that thev are beinn or are to be used in or 
for anv of such activities previouslv enumerated, of 
dangerous drug and/or 
controlled precursor and 
essential chemical.” 
SECTION 2. A new Section shall be inserted after Section 11 of Republic Act 
No. 9165 which shall read as follows: 
“Sec. I 1  -A. Possession of Controlled Precursors 
and Essential Chemicals. - The penalty ranging from 
twelve (12) years and one (1) day and fine ranging 
from One hundred thousand pesos (PlO0,OOO.OO) to 
Five hundred thousand pesos (P500,OOO.OO) shall be 
imposed upon any person, who knowingly possess 
controlled precursors and essential chemicals, for 
the purpose or with the intention of illegal 
cultivation, 
culture, 
delivery, 
administration, 
dispensation, 
manufacture, 
sale, 
trading, 
transportation, distribution, importation, exportation 
and diversion. 
The maximum penalty provided for under this 
Section, shall be imposed upon any person who, 
who organizes, manages or acts as “financier” of 
any of the illegal activity prescribed in this Section.” 


SECTION 3. Republic Act No. 9165, 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 
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: 
Provided, 
That 
in 
computinq 
the 
equivalent 
monetary value of such druq or chemical, the base 
for such computation shall be 100 per cent puritv of 
such druq or chemical. 
SECTION 4. Republic Act No. 9165, Section 78 is hereby amended to read as 
follows: 
“Sec. 78. Composition of the Board. - The Board shall 
be composed of [seventeen (17)] nineteen (19) 
members wherein three (3) which are permanent 
members, the other [twelve (12)] fourteen (14) 
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, 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 for a term of six (6) years 
and until their successors shall have been duly 
appointed and qualified. 
The other [twelve (12)] fourteen (14) members who 
shall be ex officio members of the following are the 
following: 
1) Secretary of the Department of Justice or hislher 
authorized representative; 
2) Secretary of the Department of health or his /her 
3) Secretary of the Department of National Defense or 
authorized representative; 
hidher authorized representative; 
4) Secretary of the Department of Finance or hidher 
authorized representative; 
5) Secretary of the Department of Labour and Employment 
or his/her authorized representative; 


6) Secretary of the Department of the Interior and Local 
Governments or hidher authorized representative; 
7) Secretary of the Department of Social Welfare and 
Development or hidher authorized representative 
8) Secretary of the Department of Foreign Affairs or hidher 
authorized representative; 
9) Secretary of the Department of Education or hidher 
authorized representative; 
1O)Secretary of the Department of Transportation and 
Communication or hislher authorized representative; 
11)Chairman of the Commission on Higher Education or 
hislher authorized representative: 
12)Chairman of the national Youth Commission; 
13)Director of the Philippine Drug Enforcement Agency; and 
I4)Executive Director, Dangerous Drugs Board 
Cabinet secretaries who are members of the Board may 
designate 
their 
duly 
authorized 
and 
permanent 
’ representatives whose ranks shall in no case be lower 
than [undersecretary] assistant secretary. 
The two (2) regular members shall be as follows: 
(a) The President of the Integrated Bar of the Philippines or 
hislher authorized representative; and 
(b) The chairman or president of a non-government 
organization involves 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 consultants of the Board, 
and shall attend all the meetings of the Board]. 
The Board shall engage the services of consultants, 
who are deemed experts in drug abuse prevention 
and control policies, strategies and programs, 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 
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 the 
permanent consultant of the Board] attends a meeting 
in behalf of the latter, such representatives shall be 
entitled to receive the per diem.” 


SECTION. 5. Republic Act No. 9165, Section 79 is hereby amended to read as 
follows: 
"Sec. 79. Meetings of the Board. - The Board shall 
meet once a [week] month or as often as necessary at 
the discretion of the Chairman or at the call of any four 
(4) other members. The presence of [nine (9)] ten ( I O )  
members members shall constitute a quorum." 
SECTION 6. Republic Act No. 9165, Section 93 is hereby amended to read as 
follows: 
"Sec. 93 Reclassification, Addition or Removal of Any 
Drug and Chemical from fhe 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 to the original lists which is annexed to this 
Act. Further, the Board shall have the power to 
exempt any dangerous drug preparation in Schedule 
111 of the 1961 Single Convention on Narcotic Drugs, 
as amended by the 1972 Protocol, and Schedule IV 
of 
the 
1971 
Convention 
on 
Psychotropic 
Substances, and any drug or chemical preparation 
or mixture containing any controlled precursors and 
essential chemicals listed in Table I and Table II of 
the 1988 Convention Against Illicit Traffic in Narcotic 
Drugs and Psychotropic Substances from any 
prescribed regulatory control under this Act and its 
implementing regulations: Provided, That such 
drugs are duly registered with the Bureau of Food 
and Drug for medical use. 
Proceedings to reclassify, add, or remove a drug, or 
other substance or chemical, or exempt it from any 
prescribed regulatory control may be initiated by the 
PDEA, the DOH, or by petition from any interested party, 
including the manufacturer of a drug or other 
substance 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. The PDEA also 
may begin its own investigation of a drug 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 other substance or chemical; 
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 and industrial use 
j) Whether the drug preparation is included in 
Schedule 111 of the 1961 Single Convention on 
Narcotic Drug, as amended by the 1972 Protocol or 
contain any dangerous drug listed in 
Schedule IV 
of the 1971 Convention on Psychotropic Substances 
or the chemical mixture or preparation or products 
contains chemical listed in Table I or Table II of the 
1988 Convention Against Illicit Traffic in Narcotic 
Drug and 
Psychotropic Substances. 
k) 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 and law enforcement problem. 
I) 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; 
m) Whether the controlled precursor and essential 
chemical can be readily recovered from the drug or 
group 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 other substance by publishing 
such notice in any newspaper of general circulation once 
a week for two weeks. The Dangerous Drugs Board 
shall likewise give notice to the general public of its 
decision 
by publishing such 
notice 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 regulatory control measures 
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 precursor[s] and essential 
chemical[s] is reclassified as dangerous drug, the 
penalties for violation of this Act involving such 
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 
lists of dangerous drugs [and] or controlled precursors 
and essential chemicals, no criminal liability involving the 
same under this Act shall arise until after the lapse of 
fifteen (1 5) days from the last publication of such notice; 
(d) In case of removal of a dangerous drug from the list of 
dangerous drugs [and precursors and essential 
chemicals], all persons convicted and/or detained for 
the use and/or possession of such a drug shall be 
automatically released 
and 
all 
pending 
criminal 
prosecution involving such a drug [or chemical] shall 
forthwith be dismissed; 
(e) In case of removal of a controlled precursor and 
essential chemical from the list of controlled 
precursors and essential chemicals, all persons 
convicted andlor detained for violation of this Act, 
involving such chemical shall be automatically 
released and all pending criminal prosecution shall 
forthwith be dismissed; 
(f) In case of 
exemption of drug preparations 
containing dangerous drug chemical mixture or 
preparation 
or 
product 
containing 
controlled 
precursor 
and 
essential 
chemical from 
any 
prescribed regulatory control, all persons convicted 
andlor detained for violation of this Act involving 
such 
drug or chemical, in relation to the 
corresponding prescribed regulatory control under 
this Act and its implementing regulations, shall be 
automatically released and all pending criminal and 


administrative prosecution shall 
forthwith 
be 
dismissed. 
g) 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 from any 
prescribed regulatory control of dangerous drugs or 
controlled precursors and essential chemicals. 
SECTION 7. 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. 
SECTION 8. 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 repealed, 
modified or amended accordingly. 
SECTION 9. Effectivity Clause. -This Act shall take effect fifteen (15) days 
after its publication in at least two (2) newspaper of general circulation. 
Approved.