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BY:

REQISTR TION UNIT
BILLS AND INDEX SERVICE

Republic of the Philippines
HOUSE OF REPRESENTATIV
Quezon City, Metro Manila

SEVENTEENTH CONGRESS
First Regular Session

3170

House Bill No.

Introduced by Rep. Christopher V.P. de Venecia

EXPLANATORY NOTE

Drug proliferation and drug use are among the pressing issues in the country. In the 2014
report of Dangerous Drugs Board, there are roughly 1.7 million drug users in the Philippines. In
Metro Manila alone, 92% of its barangays are drug-affected thereby increasing the likelihood of
drug use among high-risk individuals.

Drug use is often associated with crime. In fact, the existing drug laws are oriented
towards penalizing drug users rather than providing prevention programs, which is an alternative
way to fight the war on drugs.

In view thereof, this bill aims to promote proactive preventive measures that would
combat the proliferation of drugs by way of reducing the demand thereof and educating society
of the ills of drug use. This will be carried out by institutionalizing the Barangay Anti-Drug
Abuse Council (BADAC) as the first-line of defense. Educational institutions in collaboration
with other government agencies will be tapped to help individuals understand the nature and
detrimental effects of drugs use.

This bill would also like to emphasize that drug problem is a mental health issue. The use
of dangerous drugs affect and change the mental ability of those who use it, often leading to drug
dependency. In view thereof, there is an urgent need to incorporate psychosocial treatments in
the rehabilitation process of the drug dependent by utilizing needs-based assessment programs,
psychosocial interventions, cognitive therapies and coping strategies to ensure the rehabilitated
individual’s healthy and successful reintegration back to their respective communities.

In view of the foregoing, the approval of this bill is earnestly sought.

if We
REP. CHRISTOPHER V.P. DE VE!
Fourth District, Pangasinan



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SEVENTEENTH CONGRESS
First Regular Session

3170

House Bill No.

Introduced by Rep. Christopher de Venecia

AN ACT
PROVIDING FOR THE PREVENTION OF DRUG USE AMONG HIGH RISK
INDIVIDUALS AND FOR THE REHABILITATION OF DANGEROUS DRUG USERS,
APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES

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

SEC. |. Declaration of Policy— Pursuant to Article Il, Section 15 of the 1987
Constitution, the State “shall protect and promote the right to health of the people and instill
health consciousness among them.” In view thereof, it shall be declared the policy of the State to
ensure that citizens are protected from the proliferation of dangerous drugs in order to safeguard
one’s health and well-being. In view thereof, the State needs to institutionalize the Barangay
Anti-Drug Abuse Council (BADAC) to serve as the barangays’ first line of defense in the fight
against dangerous drugs. It shall play a critical role in prevention and monitoring of cases
relative to drug use in the primary unit of society

In the event that a citizen is already under the influence of dangerous drugs, they must be given
sufficient rehabilitative treatment that would allow them to regain their well-being,

SEC. 2.Definition of Terms.— As used in this Act:

a.) Dangerous Drugs refer to 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 Republic Act No. 9165 (RA 9165), otherwise known as the
‘Comprehensive Dangerous Drugs Act of 2002.”

b.) Drug Addiction refers to the chronic brain disease characterized by compulsive drug
seeking despite harmful consequences. Intake of dangerous drugs, as defined in the previous
subsection, alters the normal functioning of the brain leading to adverse change of behaviour,
vulnerability and drug dependency.

¢.) Discrimination refers to any gesture, expression, word, or activity by any person or
entity that is directed towards the exclusion or distinction of an individual. This shall also include
a rehabilitated individual’s rejection, refusal, and deprivation of access to services by any
institution or entity.


d) High-Risk Individual refers to any person who, due to personal and environmental
circumstances, is at risk of undertaking actions which are not permitted by the law or detrimental
to one’s well-being.

©) Rehabilitate Individual refers to any person who has completed rehabilitation
treatment, assessed to have fully recovered from drug dependence, and obtained valid exit
clearance from the rehabilitation facility

f) Psychosocial Treatments refer to counselling, motivational enhancement, case
management, care-coordination, psychotherapy or relapse prevention programs that ensure the
individual’s psychological well-being and successful reintegration back to society.

g.) Social Reintegration refers to the successful integration of the rehabilitated individual
back into the community.

SEC. 3. The Barangay Anti-Drug Abuse Council (BADAC). — The Barangay Anti-Drug
Abuse Council shall serve as the barangays’ first line of defense in the fight against dangerous
drugs. It shall be the policy-making and strategy-formulating body in the planning of dangerous
drugs use in the barangay level.

3.1 The BADAC shall be composed of (1) the Punong Barangay as chairperson; (2)
Sangguniang Barangay Member/Kagawad (Chair of Peace and Order) as Vice-
Chairperson; (3) Sangguniang Barangay Member/Kagawad (Chair of Women and
Family), Sangguniang Kabataan Chair, School Principal (Public) or Representative,
Executive Officer or Chief Tanod, Representative of a Non-Government
Organization (NGO)Civie Society, Representative of a Faith-Based Organization
(ie. Ugnayang Barangay at mga Simbahan or UBAS and a Social Worker as
members; and (4) the City/Municipal Chief of Police or Representative as adviser.

3.2 The BADAC shall have the following powers and functions —

a. Plan, strategize, implement and evaluate programs and projects on drug abuse
prevention in the barangay;

b. Equip Barangay Tanods for their roles and functions in the campaign against
street-level illegal drug trade through seminars or trainings;

¢. Coordinate and collaborate with other institutions implementing programs and
projects on drug abuse prevention at the barangay level:

d. Continuously gather and update data on all drug related incidents and its effect
on the peace and order situation in the barangay including listing of suspected
drug users and pushers;

€. Submit a monthly report to the City/Municipal Anti-Drug Abuse Council and
to furnish the DILG and DSWD City/Municipal Field Office a copy thereof;


f. Refer suspected drug users to the DILG Municipal Field Office and other
institutions for corresponding counselling and/or rehabilitation;

g. Conduct an Information, and Education Campaign (IEC) on illegal drug
demand reduction;

h. Conduct regular meetings at least once a month and call for special meetings
whenever necessary;

i, Monitor disposition and progress of drug-related cases filed; and
j. Perform other related functions.

3.3 The creation and operation of each BADAC shall be charged against the allocation of
the Philippine Drug Enforcement Agency (PDEA) in the General Appropriations Act and
one percent (1%) from the total Internal Revenue Allotment of the corresponding
barangay.

3.4 Failure of the BADAC officials to take appropriate measures to enforce the pertinent
provisions of RA 9165, after being made aware by the PDEA and/or the Philippine
National Police (PNP) and other law enforcement agencies that (1) the sale, delivery, use
of dangerous drugs is rampant within their barangay; or (2) that dangerous drugs and
other illegal drug laboratories and marijuana plantations have been uncovered within the
areas of their jurisdiction, shall be considered as prima facie evidence for administrative
charge(s) for gross negligence or dereliction of duties, as may be warranted by evidence.

3.5 Any BADAC official engaged in the manufacture, sale, delivery, transportation and
use of dangerous drugs or who may have benefited therefrom, shall be dealt with
pursuant to the provisions of RA 9165.

SEC. 4. Institutionalizing Drug Education in the curriculum of educational institutions
through the National Drug Education Program (NDEP). ~ The Department of Education
(DepEd) and Commission on Higher Education (CHED), shall include Drug Education in the
curriculum of Primary, Secondary and Tertiary levels. The curriculum must fit the absorptive
capacity of the students and must be sensitive and age-appropriate.

4.1 The DepEd and CHED, in coordination with the Dangerous Drugs Board (DDB),
PNP, National Commission on Culture and the Arts (NCCA) and the National Youth
Commission (NYC), shall craft a comprehensive Drug Education curriculum as basis for
the implementation of NDEP in all schools and in all levels.

4.2 The program shall focus in the following objectives:

a. Acquire knowledge and skills to recognize and resist peer pressure to
experiment with drugs;

b. Enhance self-esteem:

Learn assertiveness techniques;


d. Learn about positive alternatives to substance abuse;

Learn anger management and conduct resolution skills;
f. Develop risk assessment and decision-making skills;

Reduce violence;

h. Build interpersonal and communication skills; and
i Learn to implement different decision-making models.

SEC. § Establishment of Community based programs that are rooted in NDEP. ~ The
BADAC, _ in collaboration with civil society organizations, shall design comprehensive and
needs-specifie programs in accordance with the NDEP, provided that the said programs shall be
in line with the capacity of every barangay.

SEC. 6. Mass media campaign and anti-drugs mass campaign. ~ Media campaigns shall
be used by concerned agencies and local authorities to disseminate that message that drug
dependence is, first and foremost, a mental health issue. The main strategy shall focus on
information campaign to warn individuals against the dangers and risks of dangerous drugs,
inform individuals about where to seek support, counselling and treatment, and disseminate
information about existing prevention and intervention programs in schools and communities to
further strengthen community involvement and elicit support.

Likewise, the Movie and Television Review and Classification Board (MTRCB) shall
regularly review films, television shows, advertisements and publicity materials that are
considered discriminatory to drug users and high risk individuals.

SEC. 7. Support Groups. — Support groups such as, but not limited to, civil society
organizations, peoples organizations, interest groups, cultural and religious organizations, civic
and developmental associations, issue-oriented movements and similar organizations shall serve
as the partner of the BADAC in the prevention of drug use.

SEC. 8. Functions of Existing Drug Rehabilitation Centers. — The existing public drug
rehabilitation centers shall have the following functions:

Provide care, treatment and accommodation to persons found to be drug dependents;

b. Train the drug dependent to be physically, psychologically and socially capable of
coping with problems common to peer groups;

Provide after-care, follow-up and social reintegration services to enable the drug
dependent to adjust to family and community life after release;

d. Provide each drug dependent motivation to regain self-confidence, rediscover
working abilities and develop a sense of responsibility;


e. Encourage the formation of organizations and associations composed of parents,
guardians and immediate relatives of drug dependents in order to raise awareness and
enhance their participation in the care, treatment and rehabilitation of their relatives
or wards;

f, Provide continuous training for the physicians, nurses, health officers and social
workers on the practical and scientific methods or prevention, care, treatment and
rehabilitation of persons found to be drug dependents; and

g. Strengthen the emotional and spiritual make-up of an individual drug dependent by
conducting regular guidance and counselling sessions.

8.1. In-house Psychologist and Psychiatrist Each rehabilitation center shall have at
least one (1) in-house psychologist and one (1) in-house psychiatrist.

8.2. Psychosocial Therapy Interventions. — Rehabilitation centers shall implement regular
psychosocial therapy interventions such as, but not limited to, counselling, motivational
enhancement, case management, care-coordination, psychotherapy, relapse prevention,
psycho education, self-help and support groups.

8.3. Release of Rehabilitated Users. — Rehabilitation centers shall establish guidelines
pertinent to the release of patients and shall issue an exit clearance subject to said
guidelines. As a pre-requisite, the family of the patient is mandated to undergo a seminar
that would orient them on how to deal with rehabilitated individuals.

SEC. 9. Implementing Rules and Regulations. ~ The Secretary of DILG, in coordination
with the Secretary of DSWD, Secretary of DepEd, Secretary of CHED, NCCA Chairman, the
Chief PNP and Chairman of the MTRCB shall issue the Implementing Rules and Regulations
within ninety (90) days from the effectivity of this Act.

SEC. 10. Appropriation of Funds. ~ The implementation of this Act shall be charged
against the budget allocation of the following departments and agencies: DILG ,DSWD, DedEd,
CHED, NCCA, PNP and MTRCB. Thereafter, such amount necessary for the continued
implementation of this Act shall be included in the annual General Appropriations Act.

SEC.11. 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. 12. Repealing Clause. — All laws, decrees, rules and regulations, or parts thereof
inconsistent with the provisions this Act are hereby repealed, amended or modified accordingly.

SEC. 13. Effectivity. — This Act shall take effect fifteen (15) days after its publication in
the Official Gazette or in a newspaper of general circulation

Approved,