EIGHTEENTH CONGRESS OF THE) 
REPUBLIC OF THE PHILIPPINES 
}
F irst R egular Session 
}
S E N A T E  
S.B. No.
u
'19 JLl-1 A9:41
In tro d u ced  by SENATOR VICENTE C. SOTTO III
AN ACT
AMENDING ARTICLE IX OF REPUBLIC ACT 9165, OTHERWISE 
KNOWN AS THE COMPREHENSVE DANGEROUS DRUGS ACT OF 
20 0 2 , AND CREATING THE PRESIDENTIAL DRUG ENFORCEMENT 
AUTHORITY, AND FOR OTHER PURPOSES
\
EXPLANATORY NOTE
The war against drugs continuously adjusts to the strategies, 
tactics and new substances introduced by illegal drug suppliers. Big 
time drug lords must be countered by big time government 
interdiction; while retail peddlers must be stopped by the Barangay 
and street tanod and policemen.
The law, as presently formulated, needs retrofitting, so to speak, 
like any structure or machine in constant use for 14 years now. 
Supeiwision of enforcement activities is desirable to map out policies 
for more effective anti-illegal drugs campaign.
It is the goal of eveiy nation and generation to have peace and 
order. Peace and order bring about security, harmony and economic 
stability, just to name a few. Thus, Section 5, Article II of the 1987 
Constitution declares one of the countiy’s principles, to wit:
“The maintenance of peace and order, the protection of life, 
liberty, and property, and promotion of the general welfare 
are essential for the enjoyment by all the people of the 
blessings of democracy.”


The Philippines’ war against drug has been ongoing since the 
year 1972, which resulted to the enactment of Republic Act No. 6425, 
otherwise known as the “Dangerous Drug Act of 1972,” as well as the 
creation of the Dangerous Drugs Board (DDB) through Presidential 
Decree No. 44. Since their inception, the aforesaid law has undergone 
several amendments, and the DDB has formulated numerous policies 
and programs until RA 6425 has been repealed by Republic Act No. 
9165, otherwise known as the “Comprehensive Dangerous Drugs Acf. 
By virtue of RA 9165, a new Dangerous Drugs Board has been 
established, with the addition of its implementing arm - the Philippine 
Drug Enforcement Agency (PDEA).
Despite the various measures currently in place to curtail this 
social ill, the war against it has not yet been won. Hence, the 
government is in a continuous search for an effective and efficient 
means to somehow get us closer to our victoiy.
The purpose of this measure is to further strengthen our fight 
against illegal drugs by unifying the four major programs - 
enforcement, prosecution, prevention and rehabilitation - into a single 
government agency. Since these four have to be in sync, a supeiwisory 
agency has to step in in order to ensure that the concerned 
government agencies mandated to perform several duties under 
Republic Act No. 9165 are doing the same satisfactorily.
All these, so we may achieve a drug-free Philippines for the 
future generations. There is no best time to cure this social ill than 
now.
1 
therefore urge my colleagues to support the passage of this 
important measure.
VICENTE C. SOTTO III


EIGHTEENTH CONGRESS OF THE } 
REPUBLIC OF THE PHILIPPINES 
}
F irst R egular Session 
}
S E N A T E  
S.B. No. 
3
■■ 
of ..-fe-
■19 JUL -1 A9 :41
In tro d u ced  by SENATOR VICENTE C. SOTTO III
AN ACT
AMENDING ARTICLE IX OF REPUBLIC ACT 9165, OTHERWISE 
KNOWN AS THE COMPREHENSVE DANGEROUS DRUGS ACT OF 
20 0 2 , AND CREATING THE PRESIDENTIAL DRUG ENFORCEMENT 
AUTHORITY, AND FOR OTHER PURPOSES
1
2
Be it enacted by the Senate and the House of Representatives of 
the Philippines in Congress assembled:
SECTION 1. Short Title. - This Act shall be Icnown as the 
“Presidential Drug Enforcement Authority Act.”
3 
SECTION 2. D eclaration of Policy. - It is the policy of the State
4 
to maintain peace and order, to protect life, liberty and property and
5 
to promote that the general welfare are essential for the enjoyment by
6 
all the people of the blessings of democracy. Thus, the State has the
7 
duty to ensure that laws relating to peace and order, particularly
8 
against illegal drugs being one of the major social problems of the
9 
country, are properly, effectively and efficiently executed by the 
10 
agencies concerned for its implementation.
11 
SECTION 3. The Presidential Drug Enforcement Authority. -
12 
The Presidential Drug Enforcement Authority shall primarily be the
13 
supervising agency for the proper, more effective and efficient
14 
implementation of Republic Act 9165, otherwise known as the
15 
“Comprehensive Dangerous Drugs Act of 2002.” It shall likewise
16 
absorb the policy-making and strategy-formulating functions of the


1 
current Dangerous Drugs Board. It shall be under the Office of the
2 
President.
3 
The creation of the Presidential Drug Enforcement Authority
4 
shall dissolve the existing Philippine Drug Enforcement Agency (PDEA)
5 
and the Dangerous Drugs Board (DDB).
6 
The existing powers and functions of the PDEA on anti-drug
7 
enforcement shall be exercised by the Philippine National Police,
8 
through its Anti-Illegal Drugs Special Operation Task Force (AIDSOTF)
9 
or such other Narcotics Unit under the PNP; the National Bureau of
10 
Investigation, through its Anti-Illegal Drugs Task Force (AIDTF) or
11 
such other Narcotics Unit under the NBl; the Bureau of Customs
12 
(BOC), through its Customs Task Group/Force in Dangerous Drugs
13 
and Controlled Chemicals (CTGFDDCC) or such other Narcotics Unit
14 
under the BOC; and the Narcotics Units of the Armed Forces of the
15 
Philippines. The current operational units of PDEA shall be absorbed
16 
by the 
Presidential 
Drug 
Enforcement Authority, 
taking 
into
17 
consideration the appropriate Bureau 
that needs its technical
18 
support.
19 
The Presidential Drug Enforcement Authority shall be headed
20 
by a Secretary, who shall be responsible for the general administration
21 
and management of the agency and shall hold office at the pleasure of
22 
the President. The Secretary of the Presidential Drug Enforcement
23 
Authority shall be appointed by the President of the Philippines and
24 
shall perform such other duties that may be assigned to him/her.
25 
He/she must possess adequate knowledge, training and experience in
26 
the field of dangerous drugs and controlled precursor and essential
27 
chemical, and in any of the following fields: law enforcement, law,
28 
medicine, criminology, psychology or social work.
29 
SECTION 
4. 
O rganization 
of the 
P residential 
Drug
30 
Enforcem ent Authority. - The Presidential Drug Enforcement
31 
Authority shall have the following Bureaus:
32 
1) Anti-Drug Enforcement;


2
3
4
1
2) Anti-Drug Prosecution;
3) Anti-Drug Prevention;
4) Anti-Drug Rehabilitation; and
5) Anti-Drug Policy Formulation, Guidelines and Procedures.
5 
SECTION 
5. 
General 
Powers, 
Term 
of 
Office 
and
6 
Compensation of the Bureau Chief - Each Bureau shall be headed
7 
by a Bureau Chief, with a rank of an Undersecretary, who shall be
8 
appointed by the President upon the recommendation of the
9 
Secretary, shall hold office at the pleasure of the President and shall
10 
receive the compensation, allowances and other emoluments to which
11 
Undersecretaries are entitled. He/she shall be responsible for the
12 
general administration and management of the assigned Bureau.
13 
The incumbent DDB Chairman shall automatically be the
14 
Bureau Chief of Anti-Drug Policy Formulation, Guidelines and
15 
Procedure; in the same manner that the current General Director of
16 
PDEA shall automatically be the Bureau Chief of the Anti-Drug
17 
Enforcement Bureau.
18 
SECTION 
6. 
Powers 
and 
Duties 
of 
the 
Anti-Drug
19 
Enforcem ent Bureau. - The Anti-Drug Enforcement Bureau shall be
20 
responsible for the supeiwision of the operations of the Narcotics Units
21 
of the PNP, NBI, AFP and the BOC to ensure that the implementation
22 
of R.A. 9165 is properly exercised.
23 
In order to perform the aforesaid function, the Anti-Drug
24 
Enforcement Bureau has the following powers;
25 
a) Require regular monthly reports from all the Narcotics Units
26 
relative to the status of the implementation of RA 9165 in
27 
their respective Units.
28 
b) Conduct a periodic assessment or examination of all the
29 
personnel of all the Narcotics Unit in order to ascertain that
30 
their duties are satisfactorily performed.


2
3
4
1
c) Take such necessary action or step, as prescribed by law, to 
make a personnel of any Narcotics Unit who fails or neglects 
his/her function to perform what is incumbent upon 
him/her.
5 
SECTION 7. Powers an d  Duties of the Anti-Drug Prosecution
6 
Bureau. - The Anti-Drug Prosecution Bureau shall be responsible for
7 
the supeiwision of the Department of Justice (DOJ) to ensure that its
8 
duties prescribed under R.A. 9165 relative to prosecution or filing of
9 
illegal drug cases are properly and effectively executed.
10 
In order to perform the aforesaid function, the Anti-Drug
11 
Prosecution Bureau has the following powers:
12 
a) Require regular monthly reports from the DOJ on the status
13 
of the prosecution of all pending illegal drug-related cases in
14 
the countiy.
15 
b) Conduct a periodic assessment or examination of all the
16 
personnel involved in the pro.secution of illegal drug cases to
17 
ascertain that their duties are satisfactorily performed.
18 
c) Take such necessaiy action or stei), as prescribed by law, to
19 
make a personnel of DOJ who fails or neglects his/her
20 
function relating to prosecution of illegal drugs-related cases
21 
to perform what is incumbent upon him/her.
22 
SECnON 8. Powers an d  Duties o f the Anti-Drug Preifention
23 
Bureau. - The Anti-Drug Prevention Bureau shall have supenision
24 
over the Department of Education (DepEd), Commission on Higher
25 
Education (CHED) and Technical Education and Skills Development
26 
Authority (TESDA)as regards the effective and proper performance of
27 
their duties and responsibilities stated in R.A. 9165 in relation to drug
28 
abuse prevention £md control in all schools, as well as the Department
29 
of Social Welfare and Development (DSWD) as regards special
30 
education drug center for out-of-school youth and street children.


1 
The Bureau shall likewise exercise supeiwision over the
2 
Department of Labor and Employment (DOLE) on the performance of
3 
its function under R.A. 9165 relative to the implementation of drug
4 
abuse prevention program in the workplace.
5 
In order to perform the aforesaid function, the Anti-Drug
6 
Prevention Bureau has the following powers:
7 
a) Require regular monthly reports from the DepEd, CHED,
8 
TESDA, DSWD and DOLE regarding the status of the
9 
implementation of R.A. 9165 in their respective jurisdictions.
10 
b) Conduct a periodic assessment or examination of all the
11 
personnel involved in the implementation of R.A. 9165to
12 
ascertain that their duties are satisfactorily performed.
13 
c) Take such necessary action or step, as prescribed by law, to
14 
make a personnel of DepEd, CHED, TESDA, DSWD or DOLE
15 
who fails or neglects his/her function to perform what is
16 
incumbent upon him/her under R.A. 9165.
17 
SECTION 
9. 
Powers 
and 
Duties 
of 
the 
Anti-Drug
18 
R ehabilitation Bureau. - The Anti-Drug Rehabilitation Bureau shall
19 
be responsible for the supervision of the Department of Health (DOH)
20 
and the DSWD to ensure that its declared duties and responsibilities
21 
under R.A. 9165 relative to rehabilitation of drug dependents are
22 
properly exercised.
23 
The DOH’s duty to oversee and monitor the integration,
24 
coordination and supeiwision of all drug rehabilitation, intervention,
25 
after-care and follow-up programs, projects and activities as well as
26 
the establishment, operations, maintenance and management of
27 
privately-owned drug treatment rehabilitation centers and drug
28 
testing networks and laboratories throughout the country in
29 
coordination with the DSWD and other agencies shall be exercised
30 
jointly with the Anti-Drug Rehabilitation Bureau.
31 
In order to perform the aforesaid functions, the Anti-Drug
32 
Enforcement Bureau has the following powers;


2
3
4
5
6
7
8 
9
10
11
12
13
14
1
a) Require regular monthly reports from the DOH in relation to 
the status of the implementation of its functions under R.A. 
9165; from the different DOH-accredited drug rehabilitation 
centers all over the countiy on the general status of drug 
rehabilitation patients; and from the DSWD as to the status 
of the implementation of its duties and responsibilities under 
R.A. 9165.
b) Conduct a periodic assessment or examination of all the 
personnel involved in the implementation of R.A. 9165 to 
ascertain that their duties are satisfactorily performed.
c) Tal<e such necessary action or step, as prescribed by law, to 
make a personnel of DOH or DSWD who fails or neglects 
his/her function to perform what is incumbent upon 
him/her under R.A. 9165.
15 
SECTION 10. Powers an d  Functions of the Anti-Drug Policy
16 
Form ulation, Ouidelines and Procedures Bureau. - The powers
17 
and duties of the DDO provided in Section 81 of R.A. 9165 shall be
18 
absorbed by the Anti-Drug Policy, Formulation, Guidelines and
19 
Procedures Bureau.
20 
SECTION 11. Transfer, Absorption and Integration of All
21 
O perating Units of the PDEA and DDB to the Presidential Drug
22 
Enforcem ent Authority. - Upon the effectivity of this Act, the PDEA
23 
and DDB shall cease to exist; however they shall continue with the
24 
performance of their task as detail service with the Presidential Drug
25 
Enforcement Authority, subject to screening, until such time that the
26 
organizational structure of Presidential Drug Enforcement Authority is
27 
fully operational. Provided, That such personnel who are affected shall
28 
have the option of either being integrated into the Presidential Drug
29 
Enforcement Authority or transfer to other concerned government
30 
agencies and shall, thereafter, be immediately reassigned to other
31 
units therein by the head of such agencies. Such personnel who are


1 
transferred, absorbed and integrated in the PDEA shall be extended
2 
appointments to positions similar in rank, salary, and other
3 
emoluments and privileges granted to their respective positions in
4 
their original agencies.
5 
SECTION 12. PDEA Academy and its G raduates. -  Upon the
6 
effectivity of this Act, the PDEA Academy shall cease to accept
7 
enrollees. Those students who will be graduating from the Academy
8 
after the implementation of this Act shall be given an option to either
9 
be employed in any of the Bureaus under the Presidential Drug
10 
Enforcement Authority, or work under any of the Narcotics Unit of
11 
PNP, NBI, AFP or BOC subject to the employment requirement and
12 
policy of the respective Narcotics Units.
13 
SECTION 13. Implem enting Rules and Regulations. -  The
14 
present PDEA, represented by its Director General, as well as the
15 
Chair of the DDB, together with the Secretaries of the DOH, DILG,
16 
DOJ and DepEd, and in consultation with the CHED, TESDA, DSWD,
17 
DOLE, PNP, NBI and all other concerned government agencies shall
18 
promulgate within sixty (60) days the Implementing Rules and
19 
Regulations that shall be necessary to implement the provisions of
20 
this Act.
21 
SECTION 14. R eportorial Requirements. - The Secretary of
22 
the Presidential Di'ug Enfoi'cement Authority and the head of each
23 
Bui'eau shall submit a consolidated annual I'eport to the President of
24 
the Philippines, copy furnished the President of the Senate and the
25 
Speaker of the House of Representatives, on the statuses of the
26 
implementation of this Act and the anti-drug campaign in the country.
27 
SECTION 15. Funding Source. -  The funds required for the
28 
implementation of this Act shall be talcen from the budget of the PDEA
29 
and DDB for the current fiscal year.


1 
Thereafter, such amounts as may be necessaiy to implement
2 
this Act shall be included in the annual General Appropriations Act.
3 
SECTION 16.Separability Clause. -  If any of provision of this
4 
Act is held invalid or unconstitutional, the same shall not affect the
5 
validity and effectivity of the other provisions hereof.
6 
SECTION 17.Repealing Clause. - All laws, decrees, orders, and
7 
issuances, or portions thereof, which are inconsistent with the
8 
provisions of this Act, are hereby repealed, amended or modified
9 
accordingly.
10 
SECTION 18.Effectimty Clause. - This Act shall take effect
11 
fifteen (15) days after its publication in the Official Gazette or in two (2)
12 
newspapers of general circulation.
Approved,