THIRTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
) 
"04 
JUL 14 F-'3 2 i 
First Regular Session 
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Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
This bill seeks to provide a civil remedy for damages to persons injured as a result 
of the use of illegal drugs. To the extent possible, the cost of damage caused by the 
market for illegal drugs will be shifted to those who illegally profit from that market. This 
may deter those who have not yet entered into the distribution market for illegal drugs by 
establishing the prospect of substantial monetary loss. Illegal drug users will also be 
given an incentive to identify and pursue those who have provided them with illegal 
drugs in the past. 
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Through d i s  bill a new cause of action is established in favor of any person or 
entity suffering damages or increased expense because of illegal drug use, including the 
iIlegal drug user himself, against any person or entity that sold or was in the chain of 
distribution of the illegal drugs used by the individual illegal drug user and any person or 
entity involved in the sale or distribution of the type of illegal drugs used by that 
individual. The bill sets forth certain exceptions, what damages may be recovered, rules 
on contributory negligence, contribution among joint tort feasors, prejudgment 
attachments and other procedures. 
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THIRTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
) 
*(J'oLi 
JUI. 14 P3 121 
First Regular Session 
1 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
CONCERNING CIVIL LIABILITY RELATING TO ILLEGAL DRUGS 
Be il enacted by the Senate and House of Representatives of the Philippines in 
Congvess assembled: 
SECTION 1. Short Title - This Act shall be lmown as the "Drug Dealer Liability 
Act." 
SECTION 2. Declaration of Policy - It is the policy of the state to promote the 
health and well being of our people and to maintain peace and order. To this end, It is 
iiecessary to provide measures that will help eradicate the use of illegal drugs by allowing 
the facilitation of recovery of civil damages against drug dealers aside from the penal 
sanctions under existing law. 
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SECT104 3. DefiMjtion of Terms - As used in this Act, the following terms shall 
mean: 
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(a) "Illegh Drug" shall have the same meaning as the term "dangerous drugs" 
under Republic Act No. 6725 as Amended, also known as the Dangerous Drugs Act of 
1972, and shall include methamphetamine hydrochloride, commonly luiown as "shabu." 
(b) "Individual Drug User" means 'the individual whose use of a specified illegal 
drug is the basis of an action brought under this Act. 
(c) "Participate in the Marketing of Illegal Drugs" means to transport import into 
the Philippines, sell, possess with the intent to sell, furnish, administer or give away an 
illegal drug. "Participate in the Marketing of Illegal Drugs" does not include the purchase 
or receipt of m illegaI drug for personal use. 
(d) "Period of Illegal Drug Use" means in relation to the individual illegal drug 
user, the period of time from the individual's first use of a specified illegal drug to the 


accrual of the cause of action. The period of illegal drug use is presumed to commence 
two (2) years before the cause of action accrues unless the defendant proves otherwise. 
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(e) "Person" means an individual, government entity, corporation, firm, trust, 
partnership, or incorporated or unincorporated association existing under or authorized by 
existing law or the laws of a foreign country. 
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"Specified Illegal Drug" means the type of illegal drug used by an individual 
illegal drug user which is the basis of an action brought under this Act. 
knowingly participated in the marketing of the specified illegal drug used by an 
individual illegal drug user during the individual drug user's period of illegal drug use. 


SECTION 6. Damages. - A person injured by an illegal drug user under the 
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preceding section may bring an action to recover all of the following damages: 
(a) actuali damages, including but not limited to the cost o f  treatment and 
rehabilitation, mkdical expenses, loss of economic or educational potential, loss of 
productivity, absenteeism, support expenses, accidents or injury, or any other pecuniary 
loss proximately caused by an individual's use of an illegal drug; 
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(b) moral damages, including but not limited to physical and emotional pain, 
suffering, physical impairment, emotional distress, disfigurement, loss of employment, 
loss of companionship, services, and consortium, and other non-pecuniary loss 
proximately caused by an individud's use of an illegal drug; 
(c) exemplary damages; 
(d) reasonable attorney's fees; and 
(e) costs of suit, including, but not limited to, expenses for expert witnesses and 
expenses for investigative services to determine the identity of the defendants and the 
locatioii of any assets of the defendants. 
SECTION 7. Suits by Illegal Drug User. - An individual illegal drug user entitled 
to bring an action under this Act may seek damages only from a person who sold, 
administered, or furnished, or is in the chain of distribution of an illegal drug used by the 
individual illegal drug user. 
SECTION 8. Limited Damages. - An individual illegal drug user entitled to bring 
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an action under 'this Act may recover only the following damages: 
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(a) actual1 damages, including but not limited to the cost of treatment and 
rehabilitation, qedical expenses, loss of economic or educational potential, loss of 
productivity, absenteeism, support expenses, accidents or injury, or any other pecuniary 
loss proximately caused by an individual's use ofan illegal drug. 
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(b) reasonabk attorney's fees; and 
(c) costs of suit, including but not limited to expenses for expert witnesses and 
expense for investigative services to determine the identity o f  the defendants and the 
location of any assets of the defendants. 
SECTION 9. Non-exclusiveness, Exceptions to liability. 
(A) Any clause of action established under this Act shall be in addition to and not 
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in lieu of any o d r  cause of action available to the plaintiff. 
(B) A law enforcement officer or agency or the state, or a person acting at the 
direction of a law enforcement officer or agency or the state is not liable for participating 
in the marketing of illegal drugs if the participation is in furtherance of an official 
investigation. 
SECTION 10. Contributory Negligence. 
(A) Contributory negligence shall not bar recovery by an individual illegal drug 
user, but may diminish the award of any damages in proportion to the amount of 
negligence attributable to the individual illegal drug user. 
(B) Contributory negligence shall not be attributable to a plaintiff who is not ail 
individual illegal drug user, unless the plaintiff willfully and knowingly gave illegal 
drugs or money for the purchase of the specified illegal drug. 
SECTION 1 1. Contribution among and Recovery from Multiple Defendants. - A 
person subject to liability under this Act has a right of contribution against any other 
person subject to liability under this Act. Contribution may be enforced either in the 
original action or by a separate action brought for that purpose. A plaintiff may seek 
recovery in accoidance with this Act and other laws against a person whom a defendant 
has asserted a right of contribution. 
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SECTION 12. Eflect ofcriminal Drug Conviction 
(A) A person against whom recovery is sought who has a criminal conviction for 
other than mere possession of the specified illegal drug under the "Dangerous Drugs Act 
of 1970" is estopped from denying participation in the illegal drug market. Such a 
conviction is also a prima facie evidence of the person's participation in the illegal drug 
market during the two years preceding the date of an act giving rise to a conviction. 
(B) The ablsence of a conviction of a person against whom recovery is sought does 
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not bar an action against that person. 
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SECTION 
(A) Except 
13. Prejudgment Attachment and Execution of Judgment 
as provided in subsection (c) of this section, a plaintiff under Rule 57 
execute on the judgment. 
(C) Any assets sought to satis@ a judgment under this Act that have been named 
in a forfeiture action pending on the date that the attachment under subsection (a) of this 
section is sought or have been seized forfeiture by any government agency may not be 
attached or used to satisfy a judgment unless and until the assets have been released 
following conclusion of the forfeiture action or released by the agency that seized the 
assets. 
SECTION 14. Statute ofLmitutions 
(A) Except as otherwise provided by this section, a claim under this Act shall not 
be brought more than two years after the cause of action accrues under this Act when a 
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person who may recover has reason to know of the harm from illegal drug use that is the 
basis of the cause of the action and has reason to know that the illegal drug use is the 
cause of the harm. 
(B) For a plaintiff the statute of limitations under this section is tolled while the 
individual potential plaintiff, is incapacitated by the use of ai illegal drug to the extent 
that the individual cannot reasonably be expected to seek recovery under this Act or as 
otherwise provided by law. For a defendant, the statute of limitations under this section 
does not expire until six (6) months after the individual potential defendant is convicted 
of a criminal offense or as otherwise provided by law. 
SECT10 
15. Stay ofAction - On motion by a government agency involved in a 
drug investigation or prosecution, an action brought under this Act shall be stayed until 
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the completion of the criminal investigation or prosecution that gave rise to the motion 
for a stay of the action. 
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SECTION 16. Non-retroactivity. - No cause of action shall accrue based upon any 
act by a defendant that occurred prior to the effective date of this Act. 
SECTION 17. 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 18. 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 19. Effectivily Clause - This Act shall take effect fifteen (15) days 
after its puhlication in at least two (2) newspapers of general circulation 
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Approved. 
FN: 611