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Republic of the Philippines

HOUSE OF REPRESENTATIVES uf t
Quezon City * RECEW a
Jap eeeN 307 “|
NINETEENTH CONGRESS . fe i
First Regular Session 4 |

House Bill No. 93

Introduced by Hon. Robert Ace S. Barbers

AN ACT CREATING ANTI-DRUG ABUSE COUNCILS IN ALL PROVINCES,
CITIES, MUNICIPALITIES, AND BARANGAYS THROUGHOUT THE COUNTRY
AND PROVIDING FUNDS THEREFOR

EXPLANATORY NOTE

Article I, Section 5 of the Constitution provides that the maintenance of peace
and order, the protection of life, liberty, and property, and the promotion of the general
welfare are essential for the enjoyment by all the people of the blessings of democracy.

In addition, it is the mandate of the local government units to ensure and
support, among other things, the promotion of health and safety, improvement of
public morals, preservation of peace and order, and the advancement of the comfort
and convenience of the inhabitants within their respective territorial jurisdictions.

Despite the efforts of our law enforcement authorities, drug-related incidents
still threaten the peace and order of the community nationwide due to lack of structural
consistency and comprehensive monitoring and reporting system

Thus, this bill seeks to create the Anti-Drug Abuse Councils (ADACs) in all
provinces, cities, municipalities, and barangays all over the country as the main
implementing organs for the prevention, rehabilitation, and monitoring of drug
dependency cases. This is to ensure the smooth implementation of anti-drug abuse
programs and services especially at the local level.

It also mandates the concerned local government units to appropriate not less
than 2% of their annual budget to fund the creation and operation of the ADACs and
implement the provisions of the proposed law.

In view of the foregoing, immediate approval of this bill is

Gil S. BARBERS
Htigao del Norte

REP. ROBER
2" Disth


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

NINETEENTH CONGRESS
First Regular Session

House Bill No. 93

Introduced by Hon. Robert Ace S. Barbers

AN ACT CREATING ANTI-DRUG ABUSE COUNCILS IN ALL PROVINCES,
CITIES, MUNICIPALITIES, AND BARANGAYS THROUGHOUT THE COUNTRY
AND PROVIDING FUNDS THEREFOR

Be it enacted by the Senate and the House of Representatives of the Philippines in
Congress assembled:

Section 1. Declaration of Policy. Article II, Section 15 of the 1987 Constitution
mandates the State to "protect and promote the right to health of the people and instill
health consciousness among them.” In order to fulfill this mandate, there is a need to
create mechanisms where a health-based approach on drug addiction can be
implemented in the grassroots. In line with this, itis hereby declared policy of the state
to establish Anti-Drug Abuse Councils in all provinces, cities, municipalities, and
barangays all over the country as the main implementation organs for prevention,
rehabilitation, and monitoring drug dependency cases.

Sec. 2. Definition of Terms —

a. ADAC - Anti Drug Abuse Council - a multi-sector council composed of local
officials and representatives of various community organizations tasked to
spearhead the planning and implementation, and monitoring of all local anti-
drug abuse programs, projects and activities. All local government units;
provinces, cities, municipalities, and barangays are mandated to create or
organize their respective ADACs.

b. PADAC — Provincial Anti-Drug Abuse Council - ADAC created by a multi-
sector composed of local officials and representatives of various community
organizations tasked to spearhead the planning and implementation, and
monitoring of all local anti-drug abuse programs, projects and activities in
provincial level.

c. CADAC - City Anti-Drug Abuse Council - ADAC created by @ multi-sector
council composed of local officials and representatives of various
community organizations tasked to spearhead the planning and
implementation, and monitoring of all local anti-drug abuse programs,
projects and activities in highly urbanized cities and independent component
cities.


d. MADAC — Municipal City Anti-Drug Abuse Council - ADAC created by a
multi-sector council composed of local officials and representatives of
various community organizations tasked to spearhead the planning and
implementation, and monitoring of all local anti-drug abuse programs,
projects and activities in municipal city level.

e. BADAC — Barangay Anti-Drug Abuse Council - ADAC created by a multi-
sector council composed of local officials and representatives of various
community organizations tasked to spearhead the planning and
implementation, and monitoring of all local anti-drug abuse programs,
projects and activities in barangay level.

f. Anti-Drug Abuse Office — office established at the provincial, city,
municipality level which shall institutionalize all ADAC activities and serve
as the ADAC secretariat in charge of unifying and consolidating all local anti-
illegal drug programs, projects and activities.

g. Person Who Use Drugs (PWUDs) - refer to persons who use any
dangerous drugs by injecting intravenously or intramuscularly, of
consuming, either by shewing, smoking. Sniffing, eating, swallowing,
drinking or otherwise introducing into the physiological system of the body,
as defined by RA 9165.

h. Drug Rehabilitation Program — shall consists of the following:

i. Medical Rehabilitation - refers to the process of helping substance/drug
addicted individuals stop compulsive/drug seeking and use, which may
involve a series of bio-psycho-social interventions provided by health
professionals to remove toxins in the body and modify behavior of the
substance/drug dependent.

ii, Reformatory Rehabilitation - refers to rectifying or modifying negative
attitude and behavior to enable the person to be a more productive and
acceptable member of the society, which may include facilitating the
reintegration of the individual back to his family and eventually to the

society.

ili. Community-based Drug Rehabilitation Program —is an integrated model
for drug users with mild severity of addiction. It provides a continuum of
care from outreach and low threshold services through active
coordination among a number of health, social and other non-specialist
services needed to meet the client's need. It is composed of two core
components namely Community-based treatment and Community-
based Support Services.

Sec. 3. Duties and Responsibilities of LGUs. Each LGU shall have the
following duties and responsibilities:

1. Activate, strengthen and ensure functionality of its ADAC;


2. Approve a comprehensive Local Anti-Drug Plan of Action (LAPDA) to
eliminate drug affection with corresponding targets per quarter, as included
in the local POPS pian such as, but not limited to:

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Capacity development programs for all stakeholders through prevention
education;

Drug clearing operation;

After care and reintegration programs; and

Advocacy programs on the effects and legal consequences of illegal
drugs, role of family and the youth in the fight against illegal drugs,
among others.

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3. Appropriate substantial amount of funds not lower than two percent (2%) of
the annual appropriations for anti-illegal drug-related programs, activities,
and operations as mandatory item in their budgets;

4. All local government units, except barangays, shall create an Anti-Drug
Abuse Office with plantilla position; and

5. Perform and accomplish all any other tasks delegated upon it by law or by
appropriate issuance which are related to its core functions.

Sec. 4. Role and Responsibilities of ADACs:

a) Formulate ADAC Local Anti-Drug Plan of Action which contains lists of
programs, projects, and activities with corresponding budgetary
requirements and timeline.

Initiate, coordinate and monitor the implementation of anti-illegal drug

programs, projects and activities in their area of jurisdiction,

Recommend to the local sanggunian the adoption of measures for the

enactment of appropriate legislation on anti-illegal drug programs.

d) Conduct a meeting at least once a month, or as often as maybe necessary
at the discretion of the ADAC Chairman, and/or upon request of the majority
of the members of the council.

) Serve as an information-gathering mechanism which will monitor and report
to appropriate authorities’ suspicious illegal drug personalities, facilities and
activities within their jurisdiction.

f) Monitor the implementation of Anti-lilegal Drug programs and link

information to decisions and actions by the concerned central government

authorities. BADAC shall submit monthly reports to concerned

MADAC/CADAC. CADAC/MADAC shall submit semestral and annual

monitoring and evaluation reports to submit to concerned PADAC.

Perform other functions as may be assigned by law and implementing rules

and regulations.

b)

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g.

Sec. 5. The Provincial Anti-Drug Abuse Council (PADAC). A Provincial Anti-
Drug Abuse Council (PADAC) is hereby created in every province. The PADAC shall
be composed of:

Chairman: Governor



Vice-Chairman: PNP Provincial Director
Members: DILG Provincial Director

DepEd Provincial Official

DOJ Provincial Prosecutor

Provincial Social Welfare Officer

Provincial Health Officer

Provincial Public Information Officer,

Al least two (2) representatives of NGOs — One (1) froma
churched-based group and one (1) from an NGO, to be
appointed by the Chairman

Member of the Sanggunian who is the Chairperson of the
Committee on Peace and Order or Committee on
Women

Sangguniang Kabataan Provincial Federation President

Sec. 6. Roles and Responsibilities of the PADAC. In addition to the
responsibilities provided in this Act, the PADAC shall have the following roles and
responsibilities:

Ensure the formulation of PADAC Action plan that contains the PPAs

identified in the Municipal and City ADAC Action Plans.

Organize the PADAC Drug Reformation Committee and adopt the Program

of Instructions for Drug Reformation Program

c) Ensure the functionality of the lower ADACs.

d) Conduct of regular meetings once a month.

e) Analyze and review reports submitted by CADAC/MADAC Secretariat.

f) Submit all collated quarterly reports to the Regional Peace and Order
Council (RPOC) Secretariat not later than the 15th day of the ensuring
quarter, copy furnished the Provincial Peace and Order Council and the
DILG Provincial Office.

g) Ensure the establishment and operation of the Special Drug Education

Center for out of school youth (OSY) and street children.

Provide support for the operationalization of the Community-Based

Rehabilitation Program at the Municipality and Component Cities.

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b)

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Sec. 7. The City Anti-Drug Abuse Council (CADAC). A City Anti-Drug Abuse
Council (CADAC) is hereby created in every city.

Sec. 8. Composition of the CADAC. The CADAC shall be composed of:

Chairman: City Mayor
Vice-Chairman: District Director/City Director/Chief of Police
Members: DepEd City Division Superintendent

DOJ City Prosecutor

City Social Welfare Officer

City Health Officer

City Public Information Officer

At least two (2) representatives of NGOs — One (1) from a
churched-based group and one (1) from an NGO, to be
appointed by the Chairman


City Probation and Parole Officer

One (1) from the Local Operations Officer (LGOO) who
advocates anti-lllegal drugs campaign

One (1) Sangguniang Kabataan City Federation President

Sec. 9. Roles and Responsibilities of the CADAC. In addition to the
responsibilities mentioned in this Act, CADACs shall have the following roles and
responsibilities:

a) Attest, through its Chairman, to the certification declaring the “drug-cleared”
status of an affected barangay, certified by the Local Chief of Police and
validated by the PDEA Regional Director.

b) Monitor the BADAC’s names, address and other significant details.

c) Receive the consolidated information report from BADAC Chair.

d) Review the consolidated reports of cluster leaders for final consolidation

and submission to PDEA.

Maintain list of endorsement or referral of Barangay Duty Officer as to who

are drug dependents for screening using any internationally accepted

screening tool.

Establish one-stop-shop facilities where assessment, _ interview,

counselling, referral, and/or processing of applications for petitions for

confinement of drug dependents and PWUD who surrendered for treatment
and rehabilitation and other allied processes may be undertaken

Designate a focal person who shall ensure the compliance and

enforcement of DDB Regulations on Voluntary Surrender of Drug Users

and Dependents and shall coordinate with the appropriate service provider
to assure compliance with the prescribed intervention

Ensure that PWUDs who surrendered shall undergo screening in order to

determine the level of risk and and/or co-morbidities and refer them to the

appropriate intervention.

i) Designate certain personnel as the authorized representatives of the DDB

who shall cause the processing and filing of petitions for confinement of

drug dependents and PWUD who surrendered for treatment and
rehabilitation before the Regional Trial Courts pursuant to Sections 54 and

61 of RA 9165.

Organize the CADAC Drug Reformation Committee and adopt the Program

of Instructions for Drug Reformation Program

k) Provide for the Community-Based Rehabilitation Program.

1) Conduct advocacy and/or preventive education seminars, giving emphasis
to the role of parents and children in the anti-drug campaign, ill-effects of
drugs, and consequences of drug abuse. This includes the conduct of
lectures on the proper procedures on rehabilitation of drug dependents and
PWUD who surrendered pursuant to RA 9165 and pertinent DDB
Regulations counseling program for families with drug dependents and
PWUD who surrendered to cope up with the trauma.

m) Designate a CADAC Secretariat, who will collate all reports and maintain
periodic statistics on barangay drug-clearing operations for
evaluation/analysis and continuing enhancement of process and
procedures.

e)

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n) The CADAC Secretariat shall submit all quarterly reports to the PADAC, the
local Peace and Order Council, and DILG Field Office, not later than the
10th day of the ensuing quarter.

Sec. 10. The Municipal Anti-Drug Abuse Council (MADAC). A Municipal
Anti-Drug Abuse Council (MADAC) is hereby created in every municipality. The
MADAC shall be composed of:

Chairman:
Vice-Chairman:
Members:

Municipal Mayor

Chief of Police

Municipal LGOO

DepEd District Supervisor

Municipal Social Welfare Officer

Municipal Health Officer

Municipal Public Information Officer;

At least two (2) representatives of NGOs - One (1) froma
churched-based group and one (1) from an NGO, to
be appointed by the Chairman

Municipal Probation and Parole Officer

All BADAC Chairpersons

One (1) Member of the Municipal Sangguniang Bayan who
is the Chairperson of the Committee on Peace and
Order

Sangguniang Kabataan Municipal Federation President

Sec. 11. Roles and Responsibilities of the MADAC. The roles and
responsibilities of all MADACs shall be the same as those enumerated for all CADACs
found in Section 9 of this act.

Sec. 12. The Barangay Anti-Drug Abuse Council (BADAC). Every barangay
shall create and establish a Barangay Anti-Drug Abuse Council. The BADAC shall be

composed of:

Chairman:
Vice-Chairman:

Members:

Punong Barangay

Sangguniang Barangay member or Kagawad who is the

Chairperson of Committee on Peace and Order

Sanggunian Barangay Member or Kagawad who is the

Chairperson of the Committee on Women and Family

Sangguniang Kabataan Chairperson

Public Schoo! Principal or representative

Executive Officer or Chief of Tanod

At least two (2) representatives of NGOs — One (1) froma
churched-based group and one (1) from an NGO, to
be appointed by the Chairman

City/Municipal Chief of Police or its representative

A Barangay Health Worker

Sangguniang Barangay Member who is the Chairperson of
the Committee on Health



Sec. 13. Roles and Responsibilities of the BADAC. All BADACs shall have
the following roles and responsibilities:

a) Create a BADAC Pian of Action to be submitted to CADAC/MADAC, and

the DILG City/Municipal Field Office.

Set quarterly targets to reduce the level of drug affectation and ultimately

achieve drug free status and maintain the status of drug-cleared and

unaffected barangays.

Empower through the community in reporting drug related cases through

an Award/Commendation System.

d) Equip Barangay Tanods on their roles and functions in the campaign

against street-level illegal drug trade through seminars or trainings.

Identify drug-affected places (i.e. workplace, house clusters, and streets)

within their respective barangays where there are violations of RA 9165 and

immediately report the same to the PNP or PDEA

Determine and maintain a record of the names and other pertinent

information of residents, and likewise, record, update, and monitor all drug-

related incidents/cases reported or filed and its effect on the peace and
order situation in the barangay including listings of suspected drug users
and peddlers.

g) The BADAGC, through its chairperson, shall consolidate all information
gathered from all sources, related to any illegal drug activities within the
barangay, to include names of peddlers, marijuana cultivation, clandestine
drug laboratories, and submit immediately to the CADAC/MADAC.

h) Ensure existence and operation of barangay rehabilitation referral system,

through the Barangay Rehabilitation and Referral Desk, intended for drug

users and dependents who voluntarily surrendered.

Assist PWUD who surrendered to Barangay Rehabilitation and Referral

Desk and refer to CADAC/MADAC and other institutions for appropriate

action.

j) Monitor individuals who are undertaking Community-Based Rehabilitation

Treatment and Rehabilitation through their attendance and completion of

CBRP requirements.

Conduct regular and consultative meetings at least once a month and call

for special meetings with organizations in the barangay, such as the

Parents Teachers Community Association (PTCA), youth groups, Boy and

Girl Scouts, religious organizations, senior citizens, homeowners, and

neighborhood associations, puroks, Tricycle Operators and Drivers

Association (TODA) and other groups existing in the community to ensure

their commitment to assist in curbing the drug menace in the community,

whenever necessary.

1) Formulate prevention education programs and ensure implementation of
the same in coordination with various associations stated in paragraph (j),
using funds which shall be derived from the Local School Board and other
available sources.

m) Conduct an Information Education Campaign (IEC) on illegal drug demand
reduction;

n) Extend assistance to law enforcement agencies during the conduct of anti-
drug operations. The BADAC Chairman or any elected official present

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e)

k)


during the anti-drug operations should sign the inventory of seized drugs
and paraphernalia as witness.

Submit ali monthly reports to CADAC/MADAC and the DILG City/Municipal
Field Office.

Submit annual Accomplishment Report and Fund Utilization Report to the
CADAC/MADAC, the higher Peace and Order Council and the DILG Field
Office.

Submit reports on the implementation of BADAC Plan of Action (drug
clearing operations.

Perform other related functions as prescribed by the rules and regulations.
Create a Barangay Auxiliary Team whose responsibilities and membership
shall be included in the Implementing Rules and Regulations of this Act.

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Sec. 14. The Anti-Drug Abuse Office (ADAO). An Anti-Drug Abuse Office
(ADAO) is hereby created in every City and Municipality.

Sec. 15. ADAO Executive Director. The ADAO shall be headed by an
Executive Director who shall be designated by the Chairperson of the Anti-Drug Abuse
Council (ADAC).

Sec. 16. Functions of the Executive Director:

a. Actas the Head Secretariat of the Anti-Drug Abuse Council (ADAC)

b. Oversee and supervise the overall operation of the ADAO

c. Ensure the prompt submission of the reports to the ADAC Chairperson and
other partner agencies

d. Perform other duties that may be assigned

Sec. 17. Staff Support for the ADAOs. Each ADAO shall have at least two (2)
support staff in order to help fulfill its duties and responsibilities.

Sec. 18. Penal Provisions. Failure of the responsible Local Chief Executive to
comply with the creation of the ADAC and the implementation of this Act shall be
penalized with imprisonment of six (6) months to one (1) day to six (6) years with the
accessory penalty of perpetual absolute disqualification to hold public Office.

Sec. 19. Implementing Rules and Regulations. The DILG, in coordination
with DSWD, DepEd, PNP, PDEA, DDB, and DOH shall issue the Implementing Rules
and Regulations within (90) days from the effectivity of this Act

Sec. 20. Appropriations. The implementation of this Act shall be through an
appropriation by Congress to the Department of Interior and Local Government (DILG)
in the General Appropriations Act.

Sec. 21. Separability Clause. If any provision or part hereof is held invalid or
unconstitutional, the remainder of the provisions not otherwise affected shall remain
valid and subsisting.

Sec. 22. Repealing Clause. The funding provision under RA 9165, Art Vil, Sec.
51 is hereby repealed and all laws, decrees, rules and regulations, or parts thereof