Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

1704

House Bill No. __

Introduced by Hon. Rodolfo G. Biazon
a EIEEED DEERE EERE

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 “...the State needs (0 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”

A strategic development is that drug trafficking has been considered a non-traditional
detense and security threat in the region by many countries.

It has been almost five (5) years since the enactment of Republic Act No. 9165. Due to
budgetary constraints, PDEA has been unable to develop its capabilities as required by RA 9165:
PDEA is still an organization with few organic personnel, as most of the PDEA’s personnel are on
detail status from the PNP and other agencies. The PDEA is able to establish only one Forensic
Laboratory in its Headquarters in Quezon City, although the law require it to establish one forensic
laboratory in each provincial PNP office. There is still no established permanent location for the
PDEA Academy. Furthermore, experience tells us that there is need to introduce amendments to
Sections 3(h), 3G), 3(f), 4, 8, 11, 20, 21, 22, 26, 30, 33, 78, 79, 80, 82, 84(m). 84(0), 85, 86, 87, 93,
101, and ARTICLE VIII including Sections 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 72, 73, 74,
75. and 76 as well as to introduce additional Sections 3(11), 3(mm), 3(an), 3(00), 3(pp), and 3(qq),
11-A, 12-A, and 84(s) for reasons stated accordingly as follows:

In view of the foregoing, early passage of this bill is eamestly requested.

RODELFO G.HFAZO
Representeve
Lone District, Muntinlupa City


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS

First Regular Session

1704

House Bill No.
——
Introduced by Hon. Rodolfo G. Biazon
——S

AN ACT
AMENDING CERTAIN PROVISIONS 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 1. Section 3(h) of Republic Act No. 9165 is hereby amended to read as.
follows:

“SEC. 3 (h). Controlled Precursors and Essential Chemicals. — Include those
listed in Tables I and Il of the 1988 UN Convention Against Illicit Traffic in Narcotic
Drugs and Psychotropic Substances as enumerated in the attached annex, which is an
integral part of this Act. IT ALSO INCLUDES CHEMICALS, WHICH ARE
HEREINAFTER ADDED TO THE LIST OF CONTROLLED PRECURSORS,
AND ESSENTIAL CHEMICALS PURSUANT TO SECTION 93 OF THIS
ACT.”

SEC. 2, Section 3 (j) is hereby amended to read as follows:

“SEC. 3 (j). Dangerous Drugs. — Include those listed in the Schedules annexed
to the 1961 Single Convention on Narcotic Drugs, as amended by the 1972 Protocol,
and in the Schedules annexed to the 1971 Single Convention on Psychotropic
‘Substances as enumerated in the attached annex, which is an integral part of this Act.
IT ALSO INCLUDES DRUGS, WHICH ARE HEREINAFTER ADDED TO
‘THE LIST OF DANGEROUS DRUGS PURSUANT TO SECTION 93 OF THIS
ACT”

SEC. 3. Section 3 (1) is hereby amended to read as follows:

“SEC. 3.0). Illegal Trafficking. — The illegal cultivation, culture, delivery,
administration, dispensation, manufacture, sale, trading, transportation, distribution,

1



importation, exportation, CHEMICAL DIVERSION, and possession of any
dangerous drug and/or controlled precursor and essential chemical FOR THE
PURPOSE OR WITH INTENTION OF ENGAGING IN, OR KNOWING
THAT THEY ARE BEING OR ARE TO BE USED IN OR FOR ANY OF
SUCH ACTIVITIES PREVIOUSLY ENUMERATED,”

SEC. 4, A new Section 3 (I!) shall be inserted after Section 3 (kk) which shall read as
follows:

“SEC. 3 (LL). CHEMICAL DEPENDENCE. - A CONDITION OF
MENTAL OR MENTAL AND PHYSICAL DEPENDENCE ON ANY
CONTROLLED PRECURSORS AND ESSENTIAL CHEMICAL OR
VOLATILE SUBSTANCE WITH CENTRAL NERVOUS EFFECT, WHICH IS
CHARACTERIZED BY THE PERIODIC OR CONSTANTLY REPEATED
CONSUMPTION OF THIS SUBSTANCE AND WHOSE CHARACTERISTICS
VARY DEPENDING UPON KIND OF THE TAKEN CONTROLLED
PRECURSORS AND ESSENTIAL CHEMICAL.”

SEC. 5. A new Section 3 (mm) shall be inserted after Section 3 (Il) which shall read
as follows:

“SEC. 3 (MM). “DRUG”. - MEANS: (1) ARTICLES RECOGNIZED IN
THE OFFICIAL UNITED STATES PHARMACOPOEIA, OFFICIAL
HOMEOPATHIC PHARMACOPOEIA OF THE UNITED STATES, OR
OFFICIAL NATIONAL FORMULARY, OR ANY SUPPLEMENT TO ANY
OF THEM; AND (2) ARTICLES INTENDED FOR USE IN THE DIAGNOSI!
CURE, MITIGATION, TREATMENT, OR PREVENTION OF DISEASE IN
MAN OR OTHER ANIMALS; AND (3) ARTICLES (OTHER THAN FOOD)
INTENDED TO AFFECT THE STRUCTURE OR ANY FUNCTION OF THE
BODY OF MAN OR ANIMALS; AND (4) ARTICLES INTENDED FOR USE
AS A COMPONENT OF ANY ARTICLES SPECIFIED IN CLAUSES (1), (2),
OR (3), BUT NOT INCLUDE DEVICES OR THEIR COMPONENTS, PARTS,
OR ACCESSORIES.”

SEC. 6. A new Section 3 (nn) shall be inserted after Section 3 (mm) which shall read
as follows:

“SEC. 3 (NN). "PROPERTY". - MEANS: (A) ANY PROPERTY, SITE,
STRUCTURE, PART OF A STRUCTURE, OR THE GROUNDS,
SURROUNDING A STRUCTURE; AND (B) INCLUDES SINGLE-FAMILY
RESIDENCES, OUTBUILDINGS, GARAGES, UNITS OF MULTIPLEXES,
CONDOMINIUMS, APARTMENT BUILDINGS, WAREHOUSES, HOTELS,
MOTELS, BOATS, MOTOR VEHICLES, TRAILERS, MANUFACTURED
HOUSING, SHOPS, OR BOOTHS.”

SEC. 7. A new Section 3 (00) shall be inserted after Section 3 (nn) which shall read
as follows:


. “SEC. 3 (OO). “PROPERLY DISPOSED" MEANS TO DISCARD AT A
LICENSED OR AUTHORIZED FACILITY IN ACCORDANCE WITH ALL.
APPLICABLE LAWS AND REGULATIONS, AND NOT REUSED OR SOLD.”

SEC. 8. A new Section 3 (qq) shall be inserted after Section 3 (pp) which shall read
as follows:

“SECTION 3 (QQ). "WASTE" MEANS REFUSE, GARBAGE, OR
OTHER DISCARDED MATERIAL, EITHER SOLID OR LIQUID.

SEC. 9. Section 4 is hereby amended to read as follows:

“SEC. 4. Importation AND/OR EXPORTATION of Dangerous Drugs and/or
Controlled Precursors and Essential Chemicals. ~ The penalty of life imprisonment
{to death] and a fine ranging from Five hundred thousand pesos (P500, 000.00) to
Ten million pesos shall be imposed upon any person, who, unless authorized by law,
shall import or bring into OR EXPORT FROM the Philippines any dangerous drugs,
regardless of the quantity and purity involved, including any or all species of opium
poppy or any part thereof or substances derived therefrom even for floral, decorative
and culinary purposes.

The penalty of imprisonment ranging from twelve (12) years and one (1) day
to twenty (20) years and a fine ranging from One hundred thousand pesos (P100,
000.00) to Five hundred thousand pesos (P500, 000.00) shall be imposed upon any
person, who, unless authorized by law, shall import AND/OR EXPORT any
controlled precursor and essential chemical.

The maximum penalty provided for under this Section shall be imposed upon
any person, who unless authorized under this Act, shall import or bring into OR
EXPORT FROM the Philippines any dangerous drug and/or controlled precursor
and essential chemical through the use of a diplomatic passport, diplomatic facilities
or any other means involving his/or her official status intended to facilitate the
unlawful entry of the same. In addition, the diplomatic passport shall be confiscated
and cancelled.”

X=-X=x,
SEC. 10, Section 8 is hereby amended to read as follows:

“SECTION 8 Manufacture of Dangerous Drugs and/or Controlled
Precursors and Essential Chemicals.

ceed

THE OFFENDER OR LESSOR OF THE PROPERTY OR OWNER OF
RECORD SHALL BE HELD LIABLE TO PAY THE COST OF CLEAN UP
OF THE CLANDESTINE LABORATORY ON THE PROPERTY, UNLESS
THE LESSOR OF THE PROPERTY OR OWNER OF RECORD CAN EACH
PROVE LACK OF KNOWLEDGE OF SUCH CLANDESTINE
MANUFACTURE.


IN ANY SELLING OR HIRING OF PROPERTY, IT SHALL BE THE
DUTY OF THE OWNER OF RECORD OR HIS AUTHORIZED
REPRESENTATIVE TO DISCLOSE ACTUAL KNOWLEDGE OF PRIOR
USE OF THE PROPERTY AS A CLANDESTINE LABORATORY TO THE
BUYER OR LESSEE. THE LESSEE SHALL DISCLOSE TO THE BUYER
THAT THE PROPERTY BEING LEASED WILL NOT BE USED’ FOR
FACTURE OF DRUGS AND CHEMICALS IN VIOLATION

SEC. 11. Section 11 is hereby amended by inserting an additional Section 11(4) to
read as follows:

“SECTION LL. Possession of Dangerous Drugs.
xxx

4) IMPRISONMENT OF 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 (P200,000.00), IF THE
QUANTITIES OF DANGEROUS DRUGS ARE LESS THAN TWO (2) GRAMS
OF OPIUM, MORPHINE, HEROIN, COCAINE OR COCAINE
HYDROCHLORIDE, MARIJUANA RESIN OR MARIJUANA RESIN OIL,
METHAMPHETAMINE HYDROCHLORIDE OR “SHABU” OR OTHER
DANGEROUS DRUGS SUCH AS BUT NOT LIMITED TO
METHYLENEDOXYMETAMPHETAMINE (MDMA) OR “ECSTASY”,
PARAMETHOXYAMPHETAMINE, (PMA),
TRIMETHOXYAMPHETAMINE (TMA), LYSERGIC ACID
DIETHYLAMINE (LSD), GAMMA HYDROXYBUTYRATE (GHB), AND
THOSE SIMILARLY DESIGNED OR NEWLY INTRODUCED DRUGS AND
THEIR DERIVATIVES, WITHOUT HAVING ANY THERAPEUTIC
REQUIREMENTS, OR LESS THAN FIFTY (50) GRAMS OF MARIJUANA.”

SEC. 12, A new Section shall be inserted after Section 11 which shall read as follows:

“SECTION 11-A. POSSESSION OF CONTROLLED PRECURSORS AND
ESSENTIAL CHEMICALS. —- THE PENALTY OF IMPRISONMENT
RANGING FROM TWELVE (12) YEARS AND ONE (1) DAY TO TWENTY
(20) YEARS AND FINE RANGING FROM ONE HUNDRED THOUSAND
PESOS (P 100,000.00) TO FIVE HUNDRED THOUSAND PESOS (P500, 000.00)
SHALL BE IMPOSED UPON ANY PERSON, WHO, UNLESS AUTHORIZED
BY LAW, SHALL POSSESS WITH INTENT TO DELIVER OR HAVE
UNDER HIS/HER CONTROL CONTROLLED PRECURSORS AND
ESSENTIAL CHEMICALS, KNOWING, OR UNDER CIRCUMSTANC
WHERE ONE REASONABLY SHOULD KNOW THAT IT WILL BE U!
FOR ADMINISTRATION, | MANUFACTURE, SALE, TRADING,
TRANSPORTATION, DISTRIBUTION, EXPORTATION AND DIVERSION.



THE MAXIMUM PENALTY PROVIDED FOR UNDER THIS
SECTION, SHALL BE IMPOSED UPON ANY PERSON WHO ORGANIZES,
MANAGES OR ACTS AS “FINANCIER” OF THE ILLEGAL ACTIVITY
PRESCRIBED IN THIS SECTION.”

SEC. 13. A new Section shall be inserted after Section 12 which shall read as
follows:

“SECTION 12 ~ A. POSSESSION OF LABORATORY EQUIPMENT,
FOR THE ILLICIT MANUFACTURE OF DANGEROUS DRUGS AND
CONTROLLED PRECURSOR AND ESSENTIAL CHEMICALS. - THE
PENALTY OF IMPRISONMENT RANGING FROM TWELVE (12) YEARS
AND ONE (1) DAY TO TWENTY (20) YEARS AND FINE RANGING FROM
ONE HUNDRED THOUSAND PESOS (P100,000.00) TO FIVE HUNDRED
THOUSAND PESOS (P500,000.00). SHALL BE IMPOSED UPON ANY
PERSON, WHO UNLESS AUTHORIZED BY LAW, SHALL POSSESS OR
HAVE UNDER HIS/HER CONTROL ITEMS OF LABORATORY
EQUIPMENT, SUCH AS, BUT NOT LIMITED TO, REACTION VESSEL,
ENCAPSULATING MACHINES, TABLETING MACHINES, ROTARY
EVAPORATORS, LABORATORY EQUIPMENT WITH A CAPACITY FOR
LARGE VOLUME PRODUCTION (E.G., ROUND BOTTOM FLASKS OF 25
LITRES OR ABOVE AND RELATED CONDENSERS, SEPARATING
FUNNELS AND HEATING APPARATUS) KNOWING, OR UNDER
CIRCUMSTANCES WHERE ONE REASONABLY SHOULD KNOW THAT
IT WILL BE USED FOR ILLEGAL MANUFACTURE OF DANGEROUS
DRUGS AND/OR CONTROLLED PRECURSORS AND ESSENTIAL,
CHEMICALS IN VIOLATION OF THIS ACT. THE DANGEROUS DRUGS
BOARD, SHALL BY REGULATION, LIST SUCH INDISPENSABLE ITEMS
OF EQUIPMENT PECULIAR TO SUCH ILLEGAL MANUFACTURE.

THE UNAUTHORIZED POSSESSION OF SUCH INDISPENSABLE
ITEMS OF EQUIPMENT, INSTRUMENT AND APPARATUS SHALL BE
PRIMA FACIE EVIDENCE THAT THE POSSESSOR HAS ILLEGALLY.
MANUFACTURED OR INTENDS TO MANUFACTURE DANGEROUS
DRUGS OR CONTROLLED PRECURSORS AND ESSENTIAL.
CHEMICALS.”

SEC. 14. Section 15 is hereby amended to read as follows:

“SEC. 15. Use of Dangerous Drugs AND CONTROLLED PRECURSORS
AND ESSENTIAL CHEMICALS. - A person apprehended or arrested, who is found
to be positive for use of any dangerous drug OR CONTROLLED PRECURSOR
AND ESSENTIAL CHEMICAL AND A DEPENDENT, after a confirmatory
test[,| AND A DEPENDENCY EXAMINATION, shall be imposed a penalty of a
minimum of six (6) months TREATMENT AND rehabilitation in a government
center AND AFTER CARE for the first offense, subject to the provisions of Article
VIII of this Act. If not a dependent, he/she shall suffer the PENALTY OF
IMPRISONMENT RANGING FROM SIX (6) MONTHS AND ONE (1) DAY
TO SIX (6) YEARS IMPRISONMENT AND FINE OF FROM TEN
THOUSAND PESOS (P10, 000.00) TO FIFTY THOUSAND PESOS

5


(P50,000.00). If apprehended using any dangerous drug OR CONTROLLED
PRECURSOR AND ESSENTIAL CHEMICAL, for the second time he/she shall
suffer the penalty of imprisonment ranging from six (6) years and one (1) day to
twelve years imprisonment and fine from Fifty thousand pesos (P50, 000.00) to Two
hundred thousand pesos (P200, 000.00). Provided, 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 drugs provided for under Section 11 AND OF ANY
CONTROLLED PRECURSORS AND ESSENTIAL CHEMICALS UNDER
SECTION 11-A of this Act, in which case the provisions stated therein shall apply.

SEC. 15. Sections 2} (2) and 21 (4) are hereby amended to read as follows:

“SEC. 21. Custody and Disposition of Confiscated, Seized, and/or
Surrendered Dangerous Drugs, Plant Sources of Dangerous Drugs, Controlled
Precursors and Essential Chemicals, Instruments/paraphernalia and/or Laboratory
Equipment.

Ke

2) Within twenty-four (hours) upon confiscation/seizure of dangerous

drugs, plant sources of dangerous drugs, controlled precursors and essential
chemicals, as well as instruments/paraphernalia and/or laboratory equipment, the
same shall be submitted to the PDEA Forensic laboratory for a qualitative and
quantitative examination.

WHERE A SEIZURE OF ILLICIT LABORATORY IS MADE, THE
PDEA SHALL PROPERLY DISPOSE WITHIN REASONABLE TIME,
CHEMICALS WHICH ARE NOT LISTED AS CONTROLLED
PRECURSORS AND ESSENTIAL — CHEMICALS, REMAINING
UNIDENTIFIED LIQUID OR SOLID CHEMICALS IN UNLABELED
CONTAINERS AND/OR IN OPENED CONTAINERS THAT CANNOT BE
RESEALED, AND WASTES, WHICH ARE NOT NEEDED AS EVIDENCE IN
THE INVESTIGATION OR PROSECUTION OF THE CASE: PROVIDED,
THAT SUCH ITEMS OF CHEMICALS AND WASTE SHALL BE
SEPARATELY PHOTOGRAPHED AND INVENTORIED.”

XXX

4) After the filing of the criminal case, the Court shall, within seventy two (72)
hours, conduct an ocular inspection of the confiscated, seized and/or surrendered
dangerous drugs, plant sources of dangerous drugs, and controlled precursors and
essential chemicals, including the instruments/paraphernalia and/or laboratory
equipment, and through the PDEA shall within twenty four (24) hours thereafter
proceed with the destruction or burning of the same, in the presence of the accused or
the person/s from whom such items were confiscated and/or seized, or his
Tepresentative or counsel, a representative from the media and the Department of
Justice, civil society groups and any elected public official. THE PROPERTY ON
WHICH THE CLANDESTINE MANUFACTURE OF DRUGS AND/OR
CONTROLLED PRECURSORS AND ESSENTIAL CHEMICALS WAS
SEIZED SHALL BE CLEANED UP UNDER THE SUPERVISION OF THE

6


BOARD, IN COOPERATION WITH THE DEPARTMENT OF HEALTH,
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES AND
LOCAL GOVERNMENT UNIT. The Board shall draw up guidelines on the
manner of proper disposition and destruction of such items, INCLUDING CLEAN
UP OF CLANDESTINE LABORATORY, which shall be borne by the offender
OR IN THE CASE OF CLEAN UP OF CLANDESTINE LABORATORY, THE
LESSOR OF THE PROPERTY OR OWNER OF RECORD SHALL ALSO
BEAR THE COST, UNLESS THE LESSOR OF THE PROPERTY OR
OWNER OF RECORD CAN EACH PROVE LACK OF KNOWLEDGE OF
SUCH CLANDESTINE MANUFACTURE. Provided, that a representative sample
duty weighed and recorded is retained.”

SEC. 16. 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 AND LABORATORY EQUIPMENT: PROVIDED,
HOWEVER, THAT THE COMPUTATION OF MONETARY REWARD
SHALL BE BASED ON 100 PER CENT PURITY OF THE DANGEROUS
DRUGS, OR CONTROLLED PRECURSORS AND ESSENTIAL CHEMICALS
BASED ON QUANTITATIVE AND QUALITATIVE EXAMINATIONS
CONDUCTED BY THE FORENSIC LABORATORY EXAMINER WITHIN
TWENTY (24) HOURS AFTER RECEIPT OF SEIZED ITEMS.”

SEC. 17. Section 26, is hereby amended to read as follows:

“SECTION 26. Atempt and Conspiracy. — Any attempt or conspiracy to
commit the following unlawful acts shall be penalized by the same penalty prescribed
for the commission of the same as provided under this Act:

semis
F) CHEMICAL DIVERSION.”

SEC. 18. Section 33 is hereby amended to read as follows:

“SECTION 33. Immunity from Prosecution and Punishment, —
Notwithstanding the provisions of Section 17, Rule 119 of the Revised Rules on
Criminal Procedure and the provisions of Republic Act No. 6981 or the Witness
Protection Security and Benefit Act of 1991, any person who has violated Sections 7,
[11], 113), 11 (4), 11-A,_12, 12-A, 14 AND 15 [and 19}, Article II of this Act, who
voluntarily gives information about any violation of Sections 4, 5, 6, 8, 10, 13 and 16,
Article II of this Act as well as any violation of the offenses mentioned if committed
by a drug syndicate, or any information leading to the whereabouts, identities and
arrest of all OR [of] any of the members thereof; and who willingly testifies against
such persons as described above, shall be exempted from prosecution or punishment
for the offense with reference to which his/her information of testimony were given,


and may plead or prove the giving of such information and testimony in bar of such
prosecution: Provided, That the following conditions concur:

1. The information and testimony are necessary for the convictions of the
persons described above;

2. Such information and testimony are not yet in the possession of the State;
3. Such information and testimony can be corroborated on its material point;

4. The informant or witness has not been previously convicted of a crime
involving moral turpitude, except when there is no other direct evidence
available for the State other than the information and testimony of said
informant or witness; and,

5. The informant or witness shall strictly and faithfully comply without
delay, or any condition or undertaking, reduced into writing, lawfully
imposed by the State as further consideration for the grant of immunity
from prosecution and punishment.

ox”
SEC. 19. Section 51 is hereby amended to read as follows:

“SECTION 51. Local Government Units’ PROGRAMS AND Assistance. —
Local government units shall UNDERTAKE LOCAL DRUG AND CHEMICAL
PREVENTION AND CONTROL PROGRAMS IN COOPERATION AND
COORDINATION WITH THE BOARD AND ITS MEMBER DEPARTMENTS
AND NON-GOVERNMENTAL ORGANIZATIONS. THEY SHALL appropriate
a substantial portion of their respective annual budgets to assist in or enhance the
enforcement of this Act giving priority to preventive or educational programs and the
rehabilitation or treatment of drug AND/OR CHEMICAL dependents.”

SEC. 20. The Title of Article VIII and Sections 54, 55, 56, 57, 58, 59, 60, 61, 62, 63,
64, 68, 72, 73, 74, 75 and 76 of the same Article are hereby amended by deleting the words
“drug dependent” wherever they appear and replacing them with the words “DRUG
AND/OR CHEMICAL DEPENDENT?.

SEC. 21. Section 78 is hereby amended to read as follows:

“SECTION 78. Composition of the Board. - The Board shall be composed of
[seventeen (17)] TWENTY (20) members wherein three (3) of which are permanent
members, the other [twelve (12)] FIFTEEN (15) 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

8


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)] FIFTEEN (15)_members who shall be ex-officio
members of the Board are the following:

1) Secretary of the Department of Justice or hishher authorized

representative;

2) Secretary of the Department of Health or his/her authorized representative;

3) Secretary of the Department of national Defense or his/her authorized
representative;

4) Secretary of the Department of Finance or his/her authorized
representative;

5) Secretary of the Department of Labor and Employment or his/her
authorized representative;

6) Secretary of the Department of Interior and Local Government or his/her
authorized representative;

7) Secretary of the Department of Social Welfare and Development or
his/her authorized representative;

8) Secretary of the Department of Foreign Affairs or his/her authorized
representative;

9) Secretary of the Department of Education or his/her authorized

representative;

10) SECRETARY OF THE DEPARTMENT OF TRANSPORTATION
AND COMMUNICATION OR HIS/HER AUTHORIZED

REPRESENTATIVE;

11) SECRETARY OF THE DEPARTMENT OF BUDGET AND
MANAGEMENT OR HIS/HER AUTHORIZED
REPRESENTATIVE;

12) Chairman of the Commission on Higher Education or his/her
representative;

13) Chairman of the National Youth Commission or his/her representative;

14) Director General of the Philippine Drug Enforcement Agency or his/her
representative;


“15) EXECUTIVE DIRECTOR OF THE DANGEROUS DRUGS
BOARD;

{Cabinet Secretaries who are members of the Board) EX-OFFICIO members
of the Board, except the Executive Director of the Board may designate their duly
authorized and permanent representatives whose ranks shall in no case be lower than
[undersecretary] ASSISTANT SECRETARY. THE EXECUTIVE DIRECTOR
OF THE BOARD SHALL HAVE NO VOTING RIGHTS ON ISSUES BEFORE
THE BOARD.

The two (2) regular members shall be as follows:

(a) The President of the Integrated Bar of the Philippines or HIS/HER
AUTHORIZED REPRESENTATIVE, and,

(b) The chairman or president of a non-government organization involved 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]
EX-OFFICIO consultants of the Board, and shall] MAY attend all the meetings of
the Board.

THE BOARD MAY ENGAGE THE SERVICES OF CONSULTANTS
WHO ARE DEEMED EXPERTS IN DRUG ABUSE AND CONTROL
POLICIES, STRATEGIES AND PROGRAMS, RESEARCH, 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] EX-OFFICIO
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
[permanent] consultant attends a meeting in behalf of the latter, such PERMANENT
representatives shall be entitled to receive the per diem.”

SEC. 22. Section 79 is hereby amended to read as follows:

“SECTION 79. Meetings of the Board. — The Board shall meet once a [week]
MONTH or as often as necessary at the call of the [discretion of the] Chairman or
any four (4) other members. The presence of [nine (9)] ELEVEN (11) members shall
constitute a quorum.”

SEC 23. Section 80 of Republic Act No. 9165 is hereby amended to read as follows:

“SECTION 80. Secretariat of the Board. x x x

10


The existing secretariat of the Board shall be under the administrative control
and supervision of the Executive Director. It shall be composed of the following
divisions] SERVICES: Policy Studies, Research and Statistics; Preventive
Education, Training and Information; Legal Affairs; and the Administrative and
Financial Management.”

SEC 24. Section 82, is hereby amended to read as follows:

“SECTION 82. Creation of the Philippine Drug Enforcement Agency. ~ x x

‘The PDEA shall be headed by a Director General with the rank of
Undersecretary, who shall be responsible for the general administration and
management of the Agency. The Director General of the PDEA shall be appointed by
the President of the Philippines and shall perform such other duties that may be
assigned to him/her. He must possess adequate knowledge, training and experience in
the field of dangerous drugs AND CONTROLLED PRECURSORS AND
ESSENTIAL CHEMICALS CONTROL, and in any of the following fields: law
enforcement, criminology, CRIMINAL POLICING, LEGAL AND
PROSECUTION, CRIMINOLOGY, AND INTELLIGENCE AND SECURITY
ADMINISTRATION. [law, medicine, psychology or social work]. HE MUST
ALSO POSSESS A POSTGRADUATE DEGREE, AND CAREER
EXECUTIVE SERVICE ELIGIBILITY.

The Director General of the PDEA shall be assisted in the performance of
his/her duties and responsibilities by two (2) deputies director general with the rank of
Assistant Secretary: one for Operations and the other one for Administration. The two
deputies director general shall likewise be appointed by the President of the
Philippines upon recommendation OF THE DIRECTOR GENERAL OF THE
PDEA and CONCURRENCE of the Board. The two (2) deputies director general
shall possess the same qualifications as those of the Director General of the PDEA.
The Director General and the two (2) deputies director general shall receive the
compensation and salaries as prescribed by law.

HAZARD PAY EQUIVALENT TO TWENTY FIVE (25) PER CENT
OF MONTHLY SALARY SHALL BE GRANTED TO OFFICIALS, AGENTS,
INVESTIGATORS AND OTHER PERSONNEL OF THE PDEA WHOSE
GEOGRAPHICAL ASSIGNMENT OR FUNCTIONAL MISSION EXPOSE
THEM TO GREAT DANGER OR RISKS, SUBJECT TO ACCOUNTING AND
AUDITING REQUIREMENTS.

SEC. 25. Sections 84 (m) and (0) are hereby amended to read as follows:
SECTION 84. Powers and Duties of the PDEA.
oe 4

m). Establish and maintain close coordination, cooperation and linkages with

international drug control and administrative agencies and organizations, WITH
DRUG SUPPLY REDUCTION AND CHEMICAL DIVERSION CONTROL

1


FUNCTIONS AND. PROGRAMS, and implement applicable provisions of
international conventions and agreements relative to dangerous drugs AND
CONTROLLED PRECURSORS AND ESSENTIAL CHEMICALS to which the
Philippines is a signatory;

Ie

0) [Require all government and private hospitals, clinics, doctors, dentists and
other practitioners to submit a report to it, in coordination with the Board, about all
dangerous drugs and/or controlled precursors and essential chemicals which they have
attended to for data and information purposes]. CONDUCT REGULATORY
COMPLIANCE INSPECTION AND DANGEROUS DRUG — AND
CONTROLLED PRECURSOR DIVERSION CONTROL PROGRAM AND
INVESTIGATION;

x xX Xx

s) DEPUTIZE, AS PDEA AGENT, QUALIFIED PERSONNEL
AND/OR UNITS OF OTHER DEPARTMENT BUREAU, OFFICE, AGENCY,
OR LOCAL GOVERNMENT UNITS TO ASSIST IN A MORE RESOLUTE
IMPLEMENTATION OF THIS ACT.

SEC. 26. Section 85 is hereby amended to read as follows:

“SECTION 85. PDEA Academy. - Upon approval of the Board, the PDEA
Academy shall be established either in Baguio or Tagaytay City and in such other
places as may be necessary: PROVIDED, THAT UNTIL SUCH TIME THAT A
FUNCTIONAL PDEA ACADEMY IS ESTABLISHED, PDEA IS
AUTHORIZED TO CONDUCT ITS TRAINING IN ANY EXISTING
TRAINING ACADEMY OR INS ION OR FAC! OPERATED BY
ANY DEPARTMENT, BUREAU, OFFICE, AGENCY OR
INSTRUMENTALITY OF THE GOVERNMENT, SUBJECT TO PRIOR
CONSULTATION WITH AND AGREEMENT OF THE PARTIES
CONCERNED.”

SEC, 27. Section 86 is hereby amended by inserting a paragraph after the second
paragraph to read as follows:

“SECTION 86. Transfer, Absorption, and Integration of All Operating Units
on Illegal Drugs into the PDEA and Transitory Provisions. —“ x x x

‘The transfer, absorption and integration of the different offices and units
provided for in this Section shall take effect within eighteen (18) months from
effectivity of this Act: Provided, That personnel absorbed and on detail service shall
be given until five (5) years to finally decide to join the PDEA

HEADS OF PHILIPPINE NATIONAL POLICE, NATIONAL BUREAU
OF INVESTIGATION, BUREAU OF CUSTOMS, ARMED FORCES OF THE
PHILIPPINES OR OTHER GOVERNMENT AGENCIES AND LOCAL
GOVERNMENT UNITS PERFORMING LAW ENFORCEMENT

12


FUNCTIONS OR MISSIONS ARE AUTHORIZED TO CONTINUE
PLACEMENT OF THEIR PERSONNEL ON DETAIL SERVICE WITH PDEA
UPON REQUEST OF DG PDEA FOR A PERIOD NOT EXCEEDING FIVE
YEARS: PROVIDED, THAT DETAIL SERVICE WITH PDEA SHALL BE
CONSIDERED AS CAREER SERVICE CONNECTED: PROVIDED
FURTHER THAT AUTHORIZATION FOR THE DETAIL SERVICE FROM
OTHER AGENCIES TO PDEA SHALL CEASE WHEN PDEA IS ABLE TO
PROCURE A MINIMUM OF THREE THOUSAND (3,000) ORGANIC PDEA
AGENTS: PROVIDED FINALLY, THAT PERSONNEL ON DETAIL SHALL
BE GIVEN THE OPTION TO JOIN THE PDEA, SUBJECT TO PERTINENT
LAWS, RULES AND REGULATION, AND QUALIFICATION
REQUIREMENTS OF THE PDE,

SEC. 28. Section 87 is hereby amended to read as follows:
“SECTION 87. Appropriations
xxx

Alll receipts derived from fines, fees and other income authorized and imposed
in this At, including ten percent (10%) of all unclaimed and forfeited sweepstakes and
lotto prizes but less than twelve million pesos (P12, 000,000.00) per year from the
Philippine Charity Sweepstakes Office (PCSO), are hereby constituted as a special
account in the general fund for the implementation of this Act: Provided, That,
EXCEPT AS PROVIDED OTHERWISE ELSEWHERE IN THIS SECTION, no
amount shall be disbursed to cover operating expenses of the Board and other
concemed agencies: PROVIDED HOWEVER, THAT PDEA SHALL RETAIN
THE TOTAL COLLECTION FOR DRUGS AND CHEMICAL FEES AND
CHARGES TO FUND THE COMPLIANCE AND CHEMICAL DIVERSION
CONTROL PROGRAM, PDEA ACADEMY DEVELOPMENT PROGRAM,
AND FORENSIC LABORATORY DEVELOPMENT PROGRAM OTHER
THAN WHAT IS PROVIDED FOR IN THE GENERAL APPROPRIATIONS
ACT.: Provided further, That at least fifty percent (50%) of all the funds, EXCEPT
FEES AND CHARGES COLLECTED BY PDEA, shall be reserved for assi
to government-owned and/or operated rehabilitation center.”

SEC. 29. Section 93 is hereby amended to read as follows:

“SECTION 93. Reclassification, Addition or Removal of Any Drug AND
CHEMICAL from the 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, BY
REGULATION, BUT NOT LISTED IN THE SCHEDULES UNDER
INTERNATIONAL CONTROL SET BY THE 1961 SINGLE CONVENTION
ON NARCOTIC DRUGS AS AMENDED BY THE-1972 PROTOCOL, 1971
CONVENTION ON PSYCHOTROPIC SUBSTANCES AND — 1988

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CONVENTION AGAINST ILLICIT TRAFFIC IN NARCOTIC DRUGS AND
PSYCHOTROPIC SUBSTANCES. THE BOARD SHALL ALSO HAVE THE
POWER TO EXEMPT ANY DANGEROUS DRUG PREPARATION AND
ANY DRUG OR CHEMICAL PREPARATION OR MIXTURE OR
PRODUCTS CONTAINING CONTROLLED PRECURSORS AND
ESSENTIALS FROM ANY SPECIFIC PROVISION OF THE REGULATION
UNDER THIS ACT: PROVIDED, THAT SUCH DANGEROUS DRUG
PREPARATION OR ANY DRUG PREPARATION CONTAINING
CONTROLLED PRECURSORS AND ESSENTIALS IS REGISTERED WITH
THE BUREAU OF FOOD AND DRUGS AS A DRUG, AND PRODUCTS
CONTAINING THE CONTROLLED PRECURSORS AND ESSENTIAL
CHEMICALS ARE IN LEGITIMATE TRADE AND COMMERCE.
Proceedings to reclassify, add, or remove a drug, or CHEMICAL or other
substances, OR EXEMPT IT FROM ANY PRESCRIBED REGULATION may
be initiated by the PDEA, the DOH, or by petition from any interested party,
including the manufacturer of a drug OR OTHER SUBSTANCES 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 OR SUBSTANCE. The PDEA also may begin its own
investigation of a drug OR CHEMICAL OR SUBSTANCE at any time based upon
the information received ftom 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:

Its actual or relative potential for abuse;
b) Scientific evidence of its pharmacological effect if known;

©) The state of current scientific knowledge regarding the drug OR
CHEMICAL or other substance;

d) Its EVIDENCE AND history of current pattern of abuse, ILLICIT
TRAFFIC AND DIVERSION;

¢)

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 OR INDUSTRIAL USE;

j) 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 OR LAW
ENFORCEMENT PROBLEM;

k) 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;

WHETHER THE CONTROLLED PRECURSOR AND ESSENTIAL,
CHEMICAL CAN BE READILY RECOVERED FROM THE DRUG
OR GROUPS 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 SUBSTANCE OR EXEMPTION FROM ANY
PRESCRIBED REGULATION by publishing such notice in any newspaper of
general circulation once a week for two weeks AND/OR PROVIDING
INTERESTED PARTIES WITH DUE NOTICES. THE BOARD SHALL
LIKEWISE GIVE NOTICE TO THE GENERAL PUBLIC OF ITS
DECISIONS BY PUBLISHING THE REGULATION 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
REGULATION 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 precursors and essential chemicals is reclassified as dangerous
drug, the penalties for violation of this Act, involving controlled precursors and
essential chemicals shall in case of conviction be imposed in all pending criminal
cases;

15


©) In case of the addition of a new drug or chemical to the list of dangerous drug
[and] OR CONTROLLED precursors and essential chemicals, no criminal
liability involving the same under this Act shall arise until after the lapse of fifteen
(15) days from the last publication of such notice;

d) In case of removal of a drug OR CHEMICAL from the list of dangerous drugs

[and] OR controlled precursors and essential chemicals, all persons convicted

and/or detained for use and/or possession of such a drug or chemical shall be

automatically released and all pending criminal prosecution involving such a drug

under this Act shall forthwith be dismissed;

e) IN CASE OF EXEMPTION OF DRUG PREPARATIONS CONTAINING
DANGEROUS DRUGS, OR CHEMICAL MIXTURE OR PREPARATION
OR PRODUCT CONTAINING CONTROLLED PRECURSORS AND
ESSENTIAL CHEMICALS FROM ANY SPECIFIC PROVISIONS OF
IMPLEMENTING REGULATIONS, ALL PERSONS CONVICTED
AND/OR DETAINED FOR VIOLATION OF THAT CORRESPONDING
SPECIFIC REGULATION SHALL BE AUTOMATICALLY RELEASED
AND ALL PENDING CRIMINAL — PROSECUTION — AND.
ADMINISTRATIVE PROCEEDINGS SHALL FORTHWITH BE
DISMISSED.

£) 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, BY
REGULATIONS FROM ANY PRESCRIBED REGULATION UNDER
THIS ACT.”

SEC. 30. Section 101 is hereby amended to read as follows:

“SECTION 101. Amending Clause. - Republic Act No. 7659 AND
PRESIDENTIAL DECREE 1619 [is] ARE hereby amended accordingly.”

SEC. 31. Separability Clause. ~ If any provision or part hereof, is held invalid or
unconstitutional, the remainder of the law or this provision not otherwise affected shall
remain valid and subsisting,

SEC. 32. Repealing Clause. — Any law, presidential decree or issuance, executive
order, letter of instruction, administrative order, rule or regulation contrary to or inconsistent
with the provisions of this Act is hereby repealed, modified or amended accordingly.

SEC. 33. Effectivity Clause. ~ This Act shall take effect fifteen (15) days after its
publication in at least two (2) newspaper of general circulation.

Approved,