Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

TWENTIETH CONGRESS
First Regular Session

House BillNo.__ 74

Introduced by Hon. Bernadette S. Barbers

AN ACT
STRENGTHENING DRUG PREVENTION AND CONTROL, AMENDING FOR THE
PURPOSE REPUBLIC ACT NO. 9165, AS AMENDED, OTHERWISE KNOWN AS THE
“COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002”

EXPLANATORY NOTE

This bill is a refiled version of a measure that was tediously deliberated upon and
approved during the previous Congresses.

Although the current anti-drug campaign has gained initial success, the war on drugs
is far from over. Drug users and syndicates continue to flourish due to certain loopholes in
the current anti-drug law that are being exploited to evade prosecution and conviction.

Thus, the proposed measure seeks to strengthen drug prevention and control
campaign of the government by amending certain provisions of Republic Act No. 9165,
otherwise known as the “Comprehensive Dangerous Drugs Act of 2002”, as amended.

The bill provides, among others, for a legal presumption of who is considered as the
importer, financier, and protector or coddler of illegal drugs as well as the legal consequences
or penalties for importers and financiers of illegal drugs, and their protectors or coddlers.

Italso penalizes the exportation of dangerous drugs from the Philippines as the current
{aw only limits the penalties to importation. Furthermore, negligent lessors of properties used
as clandestine laboratories will also be penalized under this bill. Lessors of properties shall
be required to submit documents to avoid their properties from being used for illegal drug
purpose.

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

Page 1 of 36


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

TWENTIETH CONGRESS
First Regular Session

House Bill No. 7’

Introduced by Hon. Bernadette S. Barbers

AN ACT

STRENGTHENING DRUG PREVENTION AND CONTROL, AMENDING FOR THE
PURPOSE REPUBLIC ACT NO. 9165, AS AMENDED, OTHERWISE KNOWN AS THE
“COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002”

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

assembled:

SECTION 1. Section 3 of Republic Act No. 9165, as amended, is hereby amended
to read as follows:

“SEC. 3. Definitions. — As used in this Act, the following terms shall
mean:
“(a) x x x
x x xX
“) x x x

“(C-1) ANALOGUES OR CHEMICAL SUBSTANCE DEPENDENCE. —
A CONDITION OF MENTAL AND/OR MENTAL AND PHYSICAL
DEPENDENCE ON ANY CONTROLLED PRECURSOR OR ESSENTIAL
CHEMICAL OR VOLATILE SUBSTANCE, WHETHER ORGANIC OR
MANUFACTURED, THAT AFFECTS THE CENTRAL NERVOUS
SYSTEM, CHARACTERIZED BY THE PERIODIC OR CONSTANTLY
REPEATED CONSUMPTION OF THIS SUBSTANCE AND WHOSE
EFFECTS VARY DEPENDING UPON THE KIND OF CONTROLLED
PRECURSOR OR ESSENTIAL CHEMICAL TAKEN BY THE
DEPENDENT OR USER.

Xx x

“(h) Controlled Precursors and Essential Chemicals. — Include those
listed in Tables | and II 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, AND SUBSTANCES
WHICH SHALL BE HEREINAFTER ADDED TO THE LIST OF
CONTROLLED PRECURSORS AND ESSENTIAL CHEMICALS,
PURSUANT TO SECTION 93 OF THIS ACT OR ANY DERIVATIVE,
MIXTURE, OR PREPARATION CONTAINING SUCH CONTROLLED
PRECURSORS OR ESSENTIAL CHEMICALS OR ARE SOURCED

Page 2 of 36


THEREFROM WHICH ARE PRESUMED TO FALL WITHIN THE AMBIT
THEREOF.
x x x

“(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, AND SUBSTANCES WHICH SHALL BE
HEREINAFTER ADDED TO THE LIST OF DANGEROUS DRUGS,
PURSUANT TO SECTION 93 OF THIS ACT OR ANY DERIVATIVE,
MIXTURE, AND PREPARATION CONTAINING SUCH DANGEROUS
DRUGS OR ARE SOURCED THEREFROM WHICH ARE PRESUMED
TO FALL WITHIN THE AMBIT THEREOF.

x x x

“(N-1) DRUG PROFILING - A LABORATORY PROCESS, BY
PHYSICAL AND/OR CHEMICAL MEANS, TO DETERMINE THE
CHARACTERISTICS OF THE DRUG SAMPLES SUBMITTED,
INCLUDING ITS PACKAGING. IT IS A VALUABLE TOOL USED TO
SUPPORT INTELLIGENCE GATHERING AND OPERATIONAL WORK
BY DRUG LAW ENFORCEMENTS AUTHORITIES.”

x x x

RG) legal Trafficking. - The illegal cultivation, culture, delivery,
administration, dispensation, manufacture, sale, trading, transportation,
distribution, importation, exportation, CHEMICAL DIVERSION, and
possession of any dangerous drug and/or controlled precursor and
essential chemical.

™* x x

“dd) x x x

“(DD-2) PROPERTY. - ANY SITE, STRUCTURE, PART OF A
STRUCTURE, OR THE GROUND SURROUNDING A STRUCTURE
INCLUDING SINGLE-FAMILY RESIDENCE, OUTBUILDING, GARAGE,
UNIT OR MULTIPLEX, CONDOMINIUM, APARTMENT BUILDING,
WAREHOUSE, HOTEL, MOTEL, BOAT, MOTOR VEHICLE, TRAILER,
MANUFACTURED HOUSING, SHOP, OR BOOTH AND OTHER SIMILAR
STRUCTURES.

*(ee) Protector/Coddler. - Any person who knowingly and willfully
consents to the unlawful acts provided for in this Act and uses his/her
influence, power or position in shielding, harboring, screening or facilitating
the escape of any person he/she knows, or ANY PERSON WHO has
reasonable grounds to believe or suspect THAT AN INDIVIDUAL has
violated the provisions of this Act, AND HE/SHE USES HIS/HER
INFLUENCE, POWER OR POSITION in order to prevent the arrest,
prosecution OR conviction of the violator.

x x x

Page 3 of 36


“(FF-1) QUALITATIVE ANALYSIS - ANALYSIS IN WHICH
SUBSTANCES ARE IDENTIFIED OR CLASSIFIED ON THE BASIS OF
THEIR CHEMICAL OR PHYSICAL PROPERTIES SUCH AS CHEMICAL
REACTIVITY, SOLUBILITY, MOLECULAR WEIGHT, MELTING POINT,
RADIATIVE PROPERTIES (EMISSION, ABSORPTION), MASS
SPECTRA, NUCLEAR HALF-LIFE.”

“(FF-2) QUANTITATIVE ANALYSIS - ANALYSIS IN WHICH THE
AMOUNT OR CONCENTRATION OF AN ANALYTE MAY BE
DETERMINED (ESTIMATED) AND EXPRESSED AS A NUMERICAL
VALUE IN APPROPRIATE UNITS. QUALITATIVE ANALYSIS MAY TAKE
PLACE WITHOUT QUANTITATIVE ANALYSIS, BUT QUANTITATIVE
ANALYSIS REQUIRES THE IDENTIFICATION (QUALIFICATION) OF
THE ANALYTES FOR WHICH NUMERICAL ESTIMATES ARE GIVEN.”

“kk) x Kx

“(LL) WASTE. - ANY REFUSE, GARBAGE, OR OTHER DISCARDED
MATERIAL, EITHER SOLID OR LIQUID.”

SEC. 2. Section 4 of the same Act 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 (P10,000,000.00) shall be imposed
upon any person, who, unless authorized by law, shall import or bring into OR
EXPORT FROM the Philippines any dangerous drug, regardless of the quantity
and purity involved, including any and all species of opium poppy or any part
thereof or substances derived therefrom even for floral, decorative and culinary
purposes.

“FOR PURPOSES OF THIS SECTION, AN IMPORTATION OR
EXPORTATION IS AUTHORIZED WHEN COVERED BY A LICENSE AND
PERMIT, WHENEVER APPLICABLE, ISSUED BY THE REGULATORY
AGENCY CONCERNED PURSUANT TO THE RELEVANT REGULATION
ISSUED BY THE DANGEROUS DRUGS BOARD.”

“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
ANDIOR 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/her official status intended
to facilitate the unlawful entry of the same. In addition, the diplomatic passport
shall be confiscated and cancelled.

Page 4 of 36


“ANY PERSON WHO IS FOUND TO HAVE IN HIS/HER POSSESSION
OR UNDER HIS/HER DIRECT OR INDIRECT CONTROL ANY PURCHASE
ORDER, MEMORANDUM RECEIPT, DELIVERY RECEIPT, BILL OF
LADING, OR ANY SIMILAR DOCUMENT CONTAINING INFORMATION
RELATED TO OR IN CONNECTION WITH IMPORTATION OR
EXPORTATION TO OR FROM THE PHILIPPINES DANGEROUS DRUGS
AND/OR CONTROLLED PRECURSORS OR ESSENTIAL CHEMICALS IS,
UNTIL PROVEN OTHERWISE, A PRIMA FACIE PROOF TO HAVE
IMPORTED OR EXPORTED THE DANGEROUS DRUGS AND/OR
CONTROLLED PRECURSORS OR ESSENTIAL CHEMICALS THAT ARE
THE SUBJECT MATTER OF SUCH DOCUMENT OR WRITING.

“The maximum penalty provided for under this Section shall be imposed
upon any person, who organizes, manages or acts as a "financier" of any of the
illegal activities prescribed in this Section.

“A PERSON IS PRESUMED TO BE A FINANCIER IF HE/SHE
CAUSES THE PAYMENT, RAISES, PROVIDES OR SUPPLIES MONEY FOR
OR UNDERWRITES THE IMPORTATION OR EXPORTATION OF
DANGEROUS DRUGS OR CONTROLLED PRECURSORS OR ESSENTIAL
CHEMICALS. ANY EVIDENCE SHOWING DELIVERY OR TRANSFER OF
MONEY, OR DRAWING OR ISSUANCE OF A CHECK, MONETARY
INSTRUMENT OR DOCUMENT TO THE ACCOUNT, CUSTODY OR
CONTROL OF A PERSON OR ENTITY KNOWN TO BE CONNECTED WITH
OR WORKING FOR AN IMPORTER OR EXPORTER OF DANGEROUS
DRUGS OR CONTROLLED PRECURSORS OR ESSENTIAL CHEMICALS,
UNLESS PROVEN OTHERWISE, IS PRIMA FACIE PROOF OF THE
CONSENT TO OR KNOWLEDGE OF THE SENDER, TRANSFEROR OR
ISSUER OF THE FINANCING OF THE ILLEGAL IMPORTATION OR
EXPORTATION OF SUCH DANGEROUS DRUGS, CONTROLLED
PRECURSORS OR ESSENTIAL CHEMICALS. THIS PRESUMPTION MAY
BE OVERTURNED UPON PRESENTATION OF PROOF THAT THE
IMPORTATION OR EXPORTATION IS AUTHORIZED OR VALID.

“The penalty of twelve (12) years and one (1) day to twenty (20) years
of imprisonment 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 acts as a protector/coddler" of any violator of
the provisions under this Section.

“A PERSON IS PRESUMED A PROTECTOR OR CODDLER OF A
PERSON WHO IMPORTS OR EXPORTS DANGEROUS DRUGS,
CONTROLLED PRECURSORS OR ESSENTIAL CHEMICALS TO BE USED
IN THE PREPARATION FOR SUCH DANGEROUS DRUGS, IF HE/SHE
KNOWS THE IMPORTER OR EXPORTER OF DANGEROUS DRUGS
AND/OR CONTROLLED PRECURSORS OR ESSENTIAL CHEMICALS,
AND HE/SHE USES HIS/HER INFLUENCE, POWER OR POSITION TO
SHIELD, HARBOR, SCREEN OR FACILITATE THE ESCAPE OF SAID
IMPORTER OR EXPORTER. A PERSON IS LIKEWISE PRESUMED A

Page 5 of 36


PROTECTOR OR CODDLER IF HE/SHE HAS KNOWLEDGE OF OR HAS.
REASONABLE GROUND TO BELIEVE THAT THE VIOLATOR IS AN
IMPORTER OR EXPORTER OF DANGEROUS DRUGS AND/OR
CONTROLLED PRECURSORS OR ESSENTIAL CHEMICALS, AND HE/SHE
USES HIS INFLUENCE, POWER OR POSITION IN PREVENTING THE
ARREST, PROSECUTION OR CONVICTION OF THE IMPORTER OR
EXPORTER.

“UNLESS PROVEN OTHERWISE, A PERSON WHO SHIELDS,
HARBORS, SCREENS OR FACILITATES THE ESCAPE OF, OR
PREVENTS THE ARREST, PROSECUTION, OR CONVICTION OF THE
IMPORTER OR EXPORTER IS PRESUMED TO HAVE KNOWLEDGE OF,
OR HAS WILLFULLY CONSENTED TO, THE ILLEGAL IMPORTATION OR
EXPORTATION AND THAT HE/SHE HAS USED HIS/HER INFLUENCE,
POWER OR POSITION. EXCEPT WHEN IT IS DONE BY ANY MEMBER OF
THE IMPORTER'S OR EXPORTER’S IMMEDIATE FAMILY OR HIS/HER
LEGAL COUNSEL. A PERSON WHO INTERCEDES AND/OR
REPRESENTS THE SAID IMPORTER OR EXPORTER 1S, UNLESS
PROVEN OTHERWISE, PRESUMED TO HAVE SHIELDED, HARBORED,
SCREENED OR FACILITATED THE ESCAPE OF OR PREVENTED THE
ARREST, PROSECUTION OR CONVICTION OF THE IMPORTER OR
EXPORTER.”

SEC. 3. Section 5 of the same Act is hereby amended to read as follows:

“SEC. 5. Sale, Trading, Administration, Dispensation, Delivery,
Distribution and Transportation of Dangerous Drugs and/or Controlled
Precursors OR 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 (P10,000,000.00) shall be imposed upon any person, who,
unless authorized by law, shall sell, trade, administer, dispense, deliver, give
away to another, distribute, dispatch in transit or transport any dangerous drug,
including any and all species of opium poppy regardless of the quantity and
purity involved, or shall act as a broker in any of such transactions.

*“ x x

x Xx x
x x x
x x x

“UNLESS PROVEN OTHERWISE, ANY PERSON FOUND OR IS
PRESENT WITHIN THE AREA OF SALE, TRADING, MARKETING,
DISPENSATION, DELIVERY OR DISTRIBUTION, IS PRESUMED TO HAVE
BEEN INVOLVED IN THE SALE, TRADE OR DISTRIBUTION OF
DANGEROUS DRUGS, CONTROLLED PRECURSORS OR ESSENTIAL
CHEMICALS.

“The maximum penalty provided for under this Section shall be imposed

upon any person who organizes, manages or acts as a “financier” of any of the
illegal activities prescribed in this Section.

Page 6 of 36


“A PERSON IS PRESUMED A FINANCIER IF HE/SHE CAUSES THE
PAYMENT, RAISES OR PROVIDES OR SUPPLIES MONEY FOR, OR
UNDERWRITES THE SALE, TRADING OR DISTRIBUTION OF
DANGEROUS DRUGS AND/OR CONTROLLED PRECURSORS OR
ESSENTIAL CHEMICALS. ANY EVIDENCE SHOWING DELIVERY OR
TRANSFER OF MONEY, OR THE DRAWING, ISSUANCE OR
TRANSFERRING OF ISSUANCE OF A CHECK, MONETARY INSTRUMENT,
INVESTMENT OR PROPERTY TO THE ACCOUNT, CUSTODY OR
CONTROL OF A PERSON OR ENTITY CONNECTED WITH OR WORKING
FOR A SELLER, TRADER OR DISTRIBUTOR OF DANGEROUS DRUGS
AND/OR CONTROLLED PRECURSORS OR ESSENTIAL CHEMICALS IS,
UNLESS PROVEN OTHERWISE, A PRIMA FACIE PROOF OF
KNOWLEDGE BY THE SENDER, TRANSFERROR OR ISSUER OF THE
FINANCING OF AN UNLAWFUL ACT OR ACTIVITY.

“The penalty of twelve (12) years and one (1) day to twenty (20) years of
imprisonment 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 acts as a “protector/coddler” of any violator of the
provisions under this Section.

“A PERSON IS PRESUMED A PROTECTOR OR CODDLER IF HE/SHE
KNOWS THE SELLER, TRADER, DISTRIBUTOR OR VIOLATOR OF THIS
SECTION AND HE/SHE USES HIS/HER INFLUENCE, POWER OR POSITION
IN SHIELDING, HARBORING, SCREENING OR FACILITATING THE ESCAPE
OF SAID VIOLATOR. A PERSON IS LIKEWISE PRESUMED A PROTECTOR
OR CODDLER IF HE/SHE HAS KNOWLEDGE OF OR HAS REASONABLE
GROUND TO BELIEVE OR TO SUSPECT THAT THE VIOLATOR IS A
SELLER, TRADER, OR DISTRIBUTOR OF DANGEROUS DRUGS AND/OR
CONTROLLED PRECURSORS OR ESSENTIAL CHEMICALS, AND HE/SHE
USES HIS/HER INFLUENCE, POWER OR POSITION IN PREVENTING THE
ARREST, PROSECUTION OR CONVICTION OF THE VIOLATOR.

“A PERSON WHO SHIELDS, HARBORS, SCREENS OR FACILITATES
THE ESCAPE OF, OR PREVENTS THE ARREST, PROSECUTION OR
CONVICTION OF THE SELLER, TRADER, DISTRIBUTOR OR VIOLATOR OF
THIS SECTION IS, UNLESS PROVEN OTHERWISE, PRESUMED TO HAVE
KNOWLEDGE OF OR WILLFULLY CONSENTED TO, THE ILLEGAL
SELLING, TRADING OR DISTRIBUTION AND HAS USED HIS/HER
INFLUENCE, POWER OR POSITION IN DOING SO. EXCEPT WHEN IT IS
DONE BY ANY MEMBER OR MEMBERS OF THE VIOLATOR’S IMMEDIATE
FAMILY OR THEIR LEGAL COUNSEL. A PERSON WHO INTERCEDES
AND/OR REPRESENTS THE SAID VIOLATOR 1S, UNLESS PROVEN
OTHERWISE, PRESUMED TO HAVE SHIELDED, HARBORED, SCREENED
OR FACILITATED THE ESCAPE OF, OR PREVENTED THE ARREST,
PROSECUTION OR CONVICTION OF THE VIOLATOR.”

SEC. 4. Section 6 of the same Act is hereby amended to read as follows:

Page 7 of 36


“SEC. 6. Maintenance of a Den, Dive or Resort. — The penalty of life
imprisonment to death and a fine ranging from Five hundred thousand pesos
(P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon
any person or group of persons, NATURAL AND JURIDICAL who shall
maintain a den, dive or resort AS DEFINED UNDER THIS ACT.

x x x
~*~ x x
~*~ x x

“tf such den, dive or resort is owned by a third person, the same shall
be confiscated and escheated in favor of the government: PROVIDED, THAT
IN CASE THE OWNER OF SUCH PROPERTY IS A PARTNERSHIP,
CORPORATION, ASSOCIATION OR ANY JURIDICAL ENTITY, THE
PARTNER, PRESIDENT, DIRECTOR, MANAGER TRUSTEE, ESTATE
ADMINISTRATOR, OR OFFICER WHO CONSENTS TO OR TOLERATES
SUCH VIOLATION SHALL BE CRIMINALLY LIABLE AS CO-PRINCIPAL:
Provided, FURTHER, That the criminal complaint shall specifically allege that
such place is intentionally used in the furtherance of the crime: Provided,
FURTHERMORE, That the prosecution shall prove such intent on the part of
the owner, PARTNER, PRESIDENT, DIRECTOR, MANAGER, TRUSTEE,
ESTATE ADMINISTRATOR OR OFFICER OF THE JURIDICAL ENTITY to
use the property for such purpose: Provided, finally, That the owner,
PARTNER, PRESIDENT, DIRECTOR, MANAGER, TRUSTEE, ESTATE
ADMINISTRATOR OR OFFICER OF THE JURIDICAL ENTITY shall be
included as an accused in the criminal complaint.

“FOR THE PURPOSE OF THIS SECTION, THE FOLLOWING ARE
PRESUMED:

“(A) ANY DEN, DIVE, RESORT IS PRESUMED INTENTIONALLY
USED FOR THE PURPOSE OF SELLING OR USING DANGEROUS DRUGS
ANDIOR CONTROLLED PRECURSORS OR ESSENTIAL CHEMICALS
EVEN ON ONE OCCASION ONLY;

“(B) A PERSON IS PRESUMED AN OPERATOR, MAINTAINER OR
ADMINISTRATOR OF A DEN, DIVE OR RESORT IF HE/SHE HAS ACTUAL
OR CONSTRUCTIVE CONTROL AND MANAGEMENT OF SUCH
PREMISES; AND

“(C) IF ANY PARAPHERNALIA OR INSTRUMENT SUITABLE OR
FIT FOR THE USE OR ADMINISTRATION OF ANY DANGEROUS DRUG IS
FOUND IN A DEN, DIVE OR RESORT, IT IS PRESUMED THAT THE
PREMISES ARE USED FOR THE PURPOSE OF THE ADMINISTRATION,
SMOKING OR CONSUMPTION OF A DANGEROUS DRUG BY A HUMAN
BEING AND THAT THE OPERATOR, MAINTAINER OR ADMINISTRATOR
PERMITS SAID PREMISES TO BE USED FOR SUCH PURPOSE.

“The maximum penalty provided for under this Section shall be imposed

upon any person who organizes, manages or acts as a "financier" of any of the
illegal activities prescribed in this Section.

Page 8 of 36


“A PERSON IS PRESUMED A FINANCIER OF A DEN, DIVE OR
RESORT IF HE/SHE CAUSES THE PAYMENT, RAISES, PROVIDES OR
SUPPLIES MONEY FOR OR UNDERWRITES THE OPERATION AND
MAINTENANCE THEREOF. ANY EVIDENCE SHOWING THE DELIVERY
OR TRANSFER OF MONEY, OR DRAWING OR ISSUANCE OF A CHECK,
MONETARY INSTRUMENT, INVESTMENT OR PROPERTY TO THE
ACCOUNT, CUSTODY OR CONTROL OF THE OPERATOR, MANAGER OR
MAINTAINER OF A DEN, DIVE OR RESORT IS, UNLESS PROVEN
OTHERWISE, A PRIMA FACIE PROOF OF THE KNOWLEDGE OF
FINANCING THE OPERATION AND MAINTENANCE THEREOF BY THE
SENDER, TRANSFEROR, OR ISSUER.

“The penalty of twelve (12) years and one (1) day to twenty (20) years
of imprisonment 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 acts as a “protector/coddler” of any violator of
the provisions under this Section.

“A PERSON IS PRESUMED A PROTECTOR OR CODDLER IF
HE/SHE KNOWS THE OPERATOR, MAINTAINER, ADMINISTRATOR OR
MANAGER OF THE DEN, DIVE OR RESORT AND HE/SHE USES HIS/HER
INFLUENCE, POWER OR POSITION IN SHIELDING, HARBORING,
SCREENING OR FACILITATING THE ESCAPE OF THE VIOLATOR. A
PERSON IS LIKEWISE PRESUMED A PROTECTOR OR CODDLER IF
HE/SHE HAS KNOWLEDGE OF OR HAS REASONABLE GROUND TO
BELIEVE OR TO SUSPECT THAT THE SAID OPERATOR, MAINTAINER,
ADMINISTRATOR OR MANAGER ACTUALLY OPERATES, MAINTAINS,
ADMINISTERS OR MANAGES A DEN, DIVE OR RESORT AND HE/SHE
USES HIS/HER INFLUENCE, POWER OR POSITION IN PREVENTING THE
ARREST, PROSECUTION OR CONVICTION OF THE VIOLATOR.

“UNLESS PROVEN OTHERWISE, A PERSON WHO SHIELDS,
HARBORS, SCREENS OR FACILITATES THE ESCAPE OF, OR PREVENTS
THE ARREST, PROSECUTION OR CONVICTION OF, AN OPERATOR,
MAINTAINER, ADMINISTRATOR OR MANAGER OF A DEN, DIVE OR
RESORT IS PRESUMED TO HAVE KNOWLEDGE OF, OR HAVE
WILLFULLY CONSENTED TO THE OPERATION, AND MAINTENANCE OF
A DEN, DIVE OR RESORT AND HE/SHE USES HIS/HER INFLUENCE,
POWER OR POSITION IN DOING THE SAME. EXCEPT WHEN IT IS DONE
BY ANY MEMBER OR MEMBERS OF THE IMMEDIATE FAMILY OF THE
OPERATOR, MAINTAINER, ADMINISTRATOR OR MANAGER OR THEIR
LEGAL COUNSEL. A PERSON WHO INTERCEDES AND/OR REPRESENTS
THE VIOLATOR IS, UNLESS PROVEN OTHERWISE, PRESUMED TO HAVE
SHIELDED, HARBORED, SCREENED OR FACILITATED THE ESCAPE OF
OR PREVENTED THE ARREST, PROSECUTION OR CONVICTION OF SAID
OPERATOR, MAINTAINER, ADMINISTRATOR OR MANAGER.”

SEC. 5. Section 8 of the same Act is hereby amended to read as follows:

Page 9 of 36


“SEC. 8. Manufacture of Dangerous Drugs and/or Controlled
Precursors OR Essential Chemicals. — The penalty of life imprisonment to death
and a fine ranging Five hundred thousand pesos (P500,000.00) to Ten Million
pesos (P10,000,000.00) shall be imposed upon any person, who, unless
authorized by law, shall engage in the manufacture of any dangerous drug.

x x x

“The presence of any controlled precursor and essential chemical or
laboratory equipment in the clandestine laboratory is a prima facie proof of
manufacture of any dangerous drug OR CONTROLLED PRECURSORS OR
ESSENTIAL CHEMICALS. It shail be considered an aggravating circumstance
if the clandestine laboratory is undertaken or established under the following
circumstances:

(a) x x x
x x x
x x x

“ANY PERSON FOUND OR IS PRESENT WITHIN THE PREMISES OF
A CLANDESTINE LABORATORY OR THE PLACE WHERE DANGEROUS
DRUGS ARE MANUFACTURED, PRODUCED, PREPARED,
COMPOUNDED, PROCESSED, PACKED OR RE-PACKED IS, UNLESS
PROVEN OTHERWISE, PRESUMED INVOLVED IN OR _ HAS
PARTICIPATED IN MANUFACTURING OR PRODUCING DANGEROUS
DRUGS AND/OR CONTROLLED PRECURSORS OR ESSENTIAL
CHEMICALS.

“ANY EQUIPMENT, APPARATUS, PARAPHERNALIA SUITABLE
FOR THE USE, MANUFACTURE OR PRODUCTION OF DANGEROUS
DRUGS AND/OR CONTROLLED PRECURSORS OR ESSENTIAL
CHEMICALS FOUND IN A CLANDESTINE LABORATORY, OR IN ANY
OTHER PLACE OR PROPERTY, SHALL BE PRESUMED PRIMA FACIE
PROOF THAT SAID LABORATORY, PLACE OR PROPERTY IS USED FOR
THE PURPOSE OF MANUFACTURE OR PRODUCTION OF ANY
DANGEROUS DRUGS AND/OR CONTROLLED PRECURSORS OR
ESSENTIAL CHEMICALS, AND THAT THE PERSON WHO HAS THE
ACTUAL OR CONSTRUCTIVE CONTROL OR MANAGEMENT THEREOF
PERMITS SUCH PROPERTY TO BE USED FOR THE PURPOSE.

“The maximum penalty provided for under this Section shall be imposed
upon any person, who organizes, manages or acts as a “financier” of any of the
illegal activities prescribed in this Section.

“A PERSON IS PRESUMED A FINANCIER IF HE/SHE CAUSES THE
PAYMENT, RAISES, PROVIDES OR SUPPLIES THE MONEY FOR, OR
UNDERWRITES THE MANUFACTURE, PRODUCTION, PREPARATION,
COMPOUNDING OR PROCESSING OF DANGEROUS DRUG AND
CONTROLLED PRECURSORS OR ESSENTIAL CHEMICALS. ANY
EVIDENCE SHOWING DELIVERY OR TRANSFER OF MONEY, OR
DRAWING OR ISSUANCE OF A CHECK, NEGOTIABLE OR NON-
NEGOTIABLE INSTRUMENT OR DOCUMENT TO THE ACCOUNT OR

Page 10 of 36


CUSTODY OF A PERSON OR ENTITY KNOWN TO BE CONNECTED WITH
OR WORKING FOR, A MANUFACTURER, PRODUCER OR PROCESSOR
OF DANGEROUS DRUGS AND/OR CONTROLLED PRECURSORS OR
ESSENTIAL CHEMICALS IS, UNLESS PROVEN OTHERWISE, A PRIMA
FACIE PROOF OF THE CONSENT OR KNOWLEDGE OF FINANCING THE
VIOLATOR’S UNLAWFUL ACTIVITIES BY THE SENDER, TRANSFERROR
OR ISSUER.

“The penalty of twelve (12) years and one (1) day to twenty (20) years
of imprisonment 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 acts as a “protector/coddler’” of any violator of
the provisions under this Section.

“A PERSON IS PRESUMED A PROTECTOR OR CODDLER IF
HE/SHE KNOWS THE MANUFACTURER, PRODUCER OR PROCESSOR
OF ANY DANGEROUS DRUG AND/OR CONTROLLED PRECURSOR OR
ESSENTIAL CHEMICAL, AND HE/SHE USES HIS/HER INFLUENCE,
POWER OR POSITION TO SHIELD, HARBOR, SCREEN OR FACILITATE
THE ESCAPE OF SAID MANUFACTURER, PRODUCER OR PROCESSOR.
A PERSON IS LIKEWISE PRESUMED A PROTECTOR OR CODDLER IF
HE/SHE HAS KNOWLEDGE OF OR HAS REASONABLE GROUND TO
BELIEVE THAT ONE IS A MANUFACTURER, PRODUCER OR
PROCESSOR OF DANGEROUS DRUGS AND/OR CONTROLLED
PRECURSORS OR ESSENTIAL CHEMICALS, AND HE/SHE USES HIS/HER
INFLUENCE, POWER OR POSITION IN PREVENTING THE ARREST,
PROSECUTION OR CONVICTION OF THE MANUFACTURER, PRODUCER
OR PROCESSOR.

“THE OFFENDER SHALL BE HELD LIABLE TO PAY THE COST OF
THE CLEAN UP OF THE CLANDESTINE LABORATORY ON THE
PROPERTY.

“IN ANY SALE OR LEASE OF PROPERTY, IT IS THE DUTY OF THE
OWNER OF RECORD OR HIS/HER AUTHORIZED REPRESENTATIVE TO
DISCLOSE ACTUAL KNOWLEDGE OF PRIOR USE OF THE PROPERTY
AS A CLANDESTINE LABORATORY TO THE BUYER OR LESSEE. THE
LESSOR MUST INCLUDE IN THE LEASE CONTRACT A STIPULATION
THAT THE PROPERTY BEING LEASED WILL NOT BE USED FOR THE
ILLICIT MANUFACTURE OF DANGEROUS DRUGS AND/OR
CONTROLLED PRECURSORS OR ESSENTIAL CHEMICALS IN
VIOLATION OF THIS ACT.”

SEC. 6. Section 10 of the same Act is hereby amended to read as follows:

“SEC. 10. Manufacture [or], Delivery, OR POSSESSION of
LABORATORY Equipment, instrument, Apparatus, and Other Paraphemalia
for THE ILLICIT MANUFACTURE OF Dangerous Drugs and/or Controlled
Precursors OR Essential Chemicals. - The penalty of imprisonment ranging
from twelve (12) years and one (1) day to twenty (20) years and a fine ranging

Page 11 of 36


from One hundred thousand pesos (P100,000.00) to Five hundred thousand
pesos (P500,000.00) shall be imposed upon any person who shall deliver,
possess with intent to deliver, or manufacture with intent to deliver
LABORATORY equipment, INCLUDING REACTION VESSEL,
ENCAPSULATING MACHINES, TABLETING MACHINES, ROTARY
EVAPORATORS, LABORATORY EQUIPMENT WITH A CAPACITY FOR
LARGE VOLUME PRODUCTION SUCH AS ROUND BOTTOM FLASKS OF
TWENTY-FIVE (25) LITRES OR ABOVE AND RELATED CONDENSERS,
SEPARATING FUNNELS AND HEATING APPARATUS, instrument,
apparatus and other paraphernalia for dangerous drugs AND/OR
CONTROLLED PRECURSORS OR ESSENTIAL CHEMICALS, knowing, or
under circumstances where one reasonably should know, that THESE will be
used to plant, propagate, cultivate, grow, harvest, manufacture, compound,
convert, produce, process, prepare, test, analyze, pack, repack, store, contain
or conceal any dangerous drug and/or controlled precursor and essential
chemical in violation of this Act.

The penalty of imprisonment ranging from six (6) months and one (1) day to four
(4) years and a fine ranging from Ten thousand pesos (P10,000.00) to Fifty
thousand pesos (P50,000.00) shall be imposed if it will be used to inject, ingest,
inhale or otherwise introduce into the human body a dangerous drug in violation
of this Act.

The maximum penalty provided for under this Section shall be imposed upon
any person, who uses a minor or a mentally incapacitated individual to deliver
such equipment, instrument, apparatus and other paraphernalia for dangerous
drugs."

SEC. 7. Section 11 of the same Act is hereby amended to read as follows:

“SEC. 11. _ Possession of Dangerous Drugs OR ITS ANALOGUES. -
The penalty of life imprisonment to death and a fine ranging from Five hundred
thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be
imposed upon any person, who, unless authorized by law, shall possess any
dangerous drug in the following quantities, regardless of the degree of purity
thereof:

“(1) 10. grams or more of opium;

x x x

8) x x x

“Otherwise, if the quantity involved is less than the foregoing quantities,
the penalties shall be graduated as follows:

“Wx x x

x x x

“(3) Imprisonment of twelve (12) years and one (1) day to twenty (20) years
and a fine ranging from Three hundred thousand pesos (P300,000.00) to Four hundred
thousand pesos (P400,000.00), if the quantities of dangerous drugs are TWO GRAMS
OR MORE BUT less than five (5) 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,
methylenedioxymethamphetamine (MDMA) or “ecstasy”, paramethoxyamphetamine

Page 12 of 36


(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 value or if the quantity possessed is
far beyond therapeutic requirements; or FIFTY (50) GRAMS OR MORE BUT less than
three hundred (300) grams of marijuana; AND

“(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 PESOS
(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, INCLUDING MDMA OR “ECSTASY,” PMA, TMA,
LSD, GHB, GAMMA BUTYROLACTONE (GBL), AND THOSE SIMILARLY
DESIGNED OR NEWLY INTRODUCED DRUGS AND THEIR DERIVATIVES,
WITHOUT HAVING ANY THERAPEUTIC REQUIREMENT, OR LESS THAN
FIFTY (50) GRAMS OF MARIJUANA.

“FOR THE PURPOSE OF THIS SECTION, THE FOLLOWING ARE
PRESUMED:

“(A) DANGEROUS DRUGS FOUND TO BE CONCEALED IN AN
ENCLOSED PRIVATE PROPERTY SHALL BE PRESUMED, UNTIL
THE CONTRARY IS PROVEN, THAT THE SAID DRUGS ARE IN THE
POSSESSION OF AND/OR CONCEALED WITH THE KNOWLEDGE
OF THE PERSON WHO HAS ACTUAL CONTROL THEREOF;

“(B) DANGEROUS DRUGS FOUND CONCEALED IN ANY
COMPARTMENT THAT IS SPECIALLY CONSTRUCTED FOR THE
PURPOSE ON ANY BUILDING, REAL PROPERTY, VEHICLE,
VESSEL OR ANY KIND OF TRANSPORTATION OR PERSONAL
PROPERTY, SHALL, UNTIL THE CONTRARY IS PROVEN, BE
PRESUMED TO HAVE BEEN POSSESSED AND/OR CONCEALED
WITH THE KNOWLEDGE OF THE OCCUPANT, ADMINISTRATOR,
OWNER OR PERSON IN-CHARGE OF THE PROPERTY;

“(C) SUBJECT TO THE PROVISIONS OF SECTION 5 OF THIS ACT,
ANY PERSON FOUND IN POSSESSION OF ANY DANGEROUS
DRUG IN THE FOLLOWING QUANTITY OR WEIGHT, REGARDLESS
OF PURITY, IS PRESUMED TO HAVE BEEN ENGAGED IN
TRADING, DISPENSATION, ADMINISTRATION, DELIVERY,
DISTRIBUTION AND/OR TRANSPORTATION OF DANGEROUS
DRUGS:

“(1)_ 200 GRAMS OR MORE OF SHABU, COCAINE,
COCAINE HYDROCHLORIDE, OPIUM, HEROINE,
MORPHINE, MARIJUANA RESIN OR MARIJUANA RESIN OIL,
OR OTHER DANGEROUS DRUGS SUCH AS MDMA OR
“ECSTASY,” PMA, TMA, LSD, GHB, AND THOSE SIMILARLY

Page 13 of 36


DESIGNED OR NEWLY INTRODUCED DANGEROUS DRUGS
AND THEIR DERIVATIVES WHICH INCLUDE ANALOGUES;
AND

“(2) 500 GRAMS OR MORE OF MARIJUANA.”

SEC. 8. A new section denominated as Section 11-A is hereby inserted after
Section 11 of the same Act, to read as follows:

“SEC. 11-A. POSSESSION OF CONTROLLED PRECURSORS OR
ESSENTIAL CHEMICALS AND ANALOGUES. - 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 (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 OR HAS UNDER
HIS/HER CONTROL CONTROLLED PRECURSORS OR ESSENTIAL
CHEMICALS, KNOWING, OR UNDER CIRCUMSTANCES WHERE ONE
REASONABLY KNOWS THAT THESE MAY BE USED 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 PROVIDED IN THIS:
SECTION.”

SEC. 9. Section 12 of the same Act is hereby amended to read as follows:

“SEC. 12. Possession of Equipment, Instrument, Apparatus and
Other Paraphernalia for Dangerous Drugs.- x Xx = x

“The possession of such equipment, instrument, apparatus and other
paraphernalia fit or intended for any of the purposes enumerated in the
preceding paragraph shall be prima facie evidence that the possessor has
smoked, consumed, administered to himself/herself, injected, ingested or used
a dangerous drug and shall be presumed to have violated Section 15 of this
Act.

“THE PENALTY OF IMPRISONMENT RANGING FROM FOUR (4)
YEARS AND ONE (1) DAY TO TWELVE (12) YEARS AND A FINE RANGING
FROM SIXTY THOUSAND PESOS (P60,000.00) TO ONE HUNDRED
THOUSAND PESOS (P100,000.00) SHALL BE IMPOSED UPON ANY
PERSON, WHO, UNLESS AUTHORIZED BY LAW, SHALL POSSESS OR
HAVE UNDER HIS/HER CONTROL ANY EQUIPMENT, INSTRUMENT,
APPARATUS AND OTHER PARAPHERNALIA FIT OR INTENDED FOR USE
OR HAS BEEN USED IN THE ILLICIT MANUFACTURE OF DANGEROUS
DRUGS AND/OR CONTROLLED PRECURSORS OR ESSENTIAL
CHEMICALS.”

SEC. 10. Section 15 of the same Act is hereby amended to read as follows:

Page 14 of 36


"SEC. 15. Use of Dangerous Drugs AND CONTROLLED
PRECURSORS OR ESSENTIAL CHEMICALS AND ANALOGUES. - A
person apprehended or arrested, AND/OR APPLIED FOR VOLUNTARY
SUBMISSION PROGRAM UNDER SECTION 54, who is found to be positive
for use of any dangerous drug, OR CONTROLLED PRECURSOR OR
ESSENTIAL CHEMICAL, after a confirmatory test AND FOUND TO BE WITH
SEVERE DEPENDENCE AFTER THE CONDUCT OF DRUG DEPENDENCY
EXAMINATION SHALL BE ORDERED TO UNDERGO A MINIMUM OF SIX
MONTHS REHABILITATION IN A GOVERNMENT CENTER FOR THE FIRST
OFFENCE PROVIDED, THAT A CONVICTED PERSON WITH MODERATE
DRUG AND/OR CHEMICAL DEPENDENCY MAY BE PLACED UNDER A
FACILITY BASED OUT-PATIENT PROGRAM UNDER THE CARE OF DOH-
ACCREDITED PROVIDERS WHILE THOSE FOUND WITH MILD
DEPENDENCIES SHALL BE REFERRED TO COMMUNITY-BASED DRUG
REHABILITATION (CBDR) PROGRAMS UNDER THE TRAINED CBDR
IMPLEMENTORS OF THE LOCAL GOVERNMENT UNIT, SUBJECT TO THE
PROVISION OF ARTICLE Vill OF THIS ACT. If apprehended using any
dangerous drug OR CONTROLLED PRECURSOR OR ESSENTIAL
CHEMICAL for the second time AND/OR FAILED TO BE DISCHARGED AS
REHABILITATED UNDER THE VOLUNTARY SUBMISSION PROGRAM,
he/she shall suffer the penalty of imprisonment ranging from 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 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
UNDER SECTION 11 OR OF ANY CONTROLLED PRECURSORS OR
ESSENTIAL CHEMICALS UNDER SECTION 11-A IN WHICH CASE THE
PROVISION SHALL APPLY.”

“POSSESSION OF ANY INSTRUMENT, APPARATUS OR
PARAPHERNALIA FIT OR INTENDED FOR ANY OF THE PURPOSES
ENUMERATED IN SECTION 12 OF THIS ACT BY ANY PERSON
SUSPECTED OR APPREHENDED FOR USING DANGEROUS DRUGS
SHALL BE A PRIMA FACIE EVIDENCE THAT THE POSSESSOR HAS
SMOKED, CONSUMED, ADMINISTERED TO HIMSELF/HERSELF,
INJECTED, INGESTED OR USED A DANGEROUS DRUG.”

SEC. 11. Section 16 of the same Act is hereby amended to read as follows:

“SEC. 16. Cultivation or Culture of Plants Classified as Dangerous
Drugs or are Sources Thereof.— xxx

“The land or portions thereof and/or greenhouses on which any of said
plants is cultivated or cultured shall be confiscated and escheated in favor of
the State, unless the owner thereof can prove lack of knowledge of such
cultivation or culture despite the exercise of due diligence on his/her part. If the
land involved is part of the public domain, the maximum penalty provided for
under this Section shall be imposed upon the offender THE LAND OR
PORTIONS THEREOF AND/OR GREENHOUSES ON WHICH ANY OF SAID

Page 15 of 36


PLANTS IS CULTIVATED OR CULTURED SHALL BE CONFISCATED AND
FORFEITED.

“The maximum penalty provided for under this Section shall be imposed
upon any person, who organizes, manages or acts as a “financier” of any of the
illegal activities prescribed in this Section

“A PERSON IS PRESUMED A FINANCIER OF THE VIOLATOR OF
THIS SECTION IF HE/SHE CAUSES THE PAYMENT, RAISES, PROVIDES
OR SUPPLIES THE MONEY FOR OR UNDERWRITES THE PLANTING,
MAINTENANCE AND OPERATION OF ANY PLANTATION, FARM OR
PLACE OF CULTIVATION OR CULTURE OF ANY PLANT CLASSIFIED AS.
DANGEROUS DRUGS OR SOURCE THEREOF. ANY EVIDENCE
SHOWING THE DELIVERY OR TRANSFER OF MONEY, OR DRAWING OR
ISSUANCE OF A CHECK, MONETARY INSTRUMENT OR INVESTMENT TO
THE ACCOUNT, CONTROL OR CUSTODY OF A PERSON OR ENTITY
KNOWN TO BE, CONNECTED WITH OR WORKING FOR, THE VIOLATOR
OF THIS SECTION IS, UNLESS PROVEN OTHERWISE, A PRIMA FACIE
PROOF THAT THE SENDER, TRANSFEROR OR ISSUER IS FINANCING
THE VIOLATOR’S ILLEGAL ACTIVITIES.

“The penalty of twelve (12) years and one (1) day to twenty (20) years
of imprisonment 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 acts as a "protector/coddler" of any violator of
the provisions under this Section.

“A PERSON IS PRESUMED A CODDLER OR PROTECTOR IF
HE/SHE KNOWS THE CULTIVATOR, PRODUCER OR VIOLATOR OF THIS
SECTION AND HE/SHE USES HIS/HER INFLUENCE, POWER OR
POSITION IN PREVENTING THE COLLECTION OF EVIDENCE WITHOUT
ANY JUSTIFIABLE REASON OR GROUNDS, SHIELDING, HARBORING,
SCREENING OR FACILITATING THE ESCAPE OF SAID VIOLATOR. A
PERSON IS LIKEWISE PRESUMED A PROTECTOR OR CODDLER IF
HE/SHE HAS KNOWLEDGE OF OR HAS REASONABLE GROUND TO
BELIEVE THAT ONE IS A CULTIVATOR, PLANTER, PRODUCER OF
PLANTS CLASSIFIED AS DANGEROUS DRUGS OR SOURCE THEREOF,
AND HE/SHE USES HIS/HER INFLUENCE, POWER OR POSITION IN
PREVENTING THE ARREST, PROSECUTION OR CONVICTION OF SUCH
CULTIVATOR, PLANTER OR PRODUCER.

“ANY ACT OF THE PROTECTOR OR CODDLER OF SHIELDING,
HARBORING, SCREENING OR FACILITATING THE ESCAPE OF, OR IN
PREVENTING THE ARREST, PROSECUTION OR CONVICTION OF THE
VIOLATOR OF THIS SECTION IS, UNLESS PROVEN OTHERWISE, PRIMA
FACIE PROOF THAT THE PROTECTOR OR CODDLER HAS KNOWLEDGE
OF, OR CONSENTED TO, THE CULTIVATION OR PRODUCTION OF
PLANTS CLASSIFIED AS DANGEROUS DRUGS OR SOURCE THEREOF,
AND HE/SHE IS PRESUMED FURTHER TO HAVE USED HIS/HER
INFLUENCE, POWER OR POSITION IN DOING THE SAME. EXCEPT

Page 16 of 36


WHEN IT IS DONE BY ANY MEMBER OF THE VIOLATOR’S IMMEDIATE
FAMILY OR HIS/HER LEGAL COUNSEL, ANY PERSON WHO
INTERCEDES AND/OR REPRESENTS THE SAID VIOLATOR IS, UNLESS
PROVEN OTHERWISE, PRESUMED TO HAVE SHIELDED, HARBORED,
SCREENED OR FACILITATED THE ESCAPE OF OR PREVENTED THE
ARREST, PROSECUTION OR CONVICTION OF THE VIOLATOR.”

SEC. 12. Section 20 of the same Act is hereby amended to read as follows:

“SEC. 20. Confiscation and Forfeiture of the Proceeds or Instruments
of the Unlawful Act, Including the Properties or Proceeds Derived from the
Iegal Trafficking of Dangerous Drugs and/or Precursors and Essential
Chemicals. — x x

x x x

“HOWEVER, IF THE FORFEITABLE ITEM OR PROPERTY HAS A
LEGITIMATE PURPOSE OR WHICH MAY BE USED IN THE CAMPAIGN
AGAINST ILLEGAL DRUGS, THE LEGAL AND PROSECUTION
SERVICE/UNIT OF THE CONCERNED OPERATING UNIT SHALL MOVE
FOR THE FORFEITURE OF THE SAME IN FAVOR OF THE OPERATING
UNIT FOR EXCLUSIVE USE OF ANTI-DRUG CAMPAIGN.”

“During the pendency of the case in the Regional Trial Court, no
property, or income derived therefrom, which may be confiscated and forfeited,
shall be disposed, alienated or transferred and the same shall be in custodia
legis and no bond shall be admitted for the release of the same. THE
PROHIBITION PROVIDED HEREIN SHALL NOT APPLY TO ANY FIREARM,
EXPLOSIVE OR WEAPON WHICH SHALL BE CONFISCATED, FORFEITED
AND DISPOSED OF IMMEDIATELY BY THE COURT IN FAVOR OF THE
GOVERNMENT, FOR THE USE OF ENFORCEMENT OF AGENCIES
ENGAGED IN THE ENFORCEMENT OF THE PROVISIONS OF THIS ACT.

“HOWEVER, WHEN THE PROPERTY PRESERVED IS PERISHABLE
AND LIABLE TO DETERIORATE IN VALUE AND PRICE BY REASON OF
DELAY IN ITS DISPOSITION OR IS DISPROPORTIONATELY EXPENSIVE
TO KEEP OR STORE, THE PROSECUTION MAY FILE A VERIFIED MOTION
PRAYING FOR THE RELEASE OF THE PROPERTY TO THE ACCUSED OR
ANY PERSON ACTING IN HIS OR HER BEHALF, THE PERSON IN
POSSESSION OF THE PROPERTY OF THE ACCUSED, OR THE PERSON
IN WHOSE NAME THE PROPERTY OF THE ACCUSED IS REGISTERED,
PROVIDED THAT THE PERSON DEPOSITS A CASH BOND EQUIVALENT
TO THE VALUE OF THE PROPERTY AS MAY BE DETERMINED BY THE
COURT. IF THE PERSON REFUSES TO PAY THE CASH BOND, THE
COURT SHALL ORDER THE SALE OF THE PROPERTY AT A PUBLIC
AUCTION.”

“THE PROHIBITION PROVIDED HEREIN SHALL NOT APPLY TO
ANY FIREARM, EXPLOSIVE OR WEAPON WHICH SHALL BE
CONFISCATED, FORFEITED AND DISPOSED OF IMMEDIATELY BY THE
COURT IN FAVOR OF THE GOVERNMENT, FOR THE USE OF LAW

Page 17 of 36


ENFORCEMENT AGENCIES ENGAGED IN THE ENFORCEMENT OF THE
PROVISIONS OF THIS ACT.”

x x x

SEC. 13. Section 21 of the same Act, is hereby further 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 OR Essential Chemicals, Instruments/Paraphernalia and/or
Laboratory Equipment. — xxx

“(1) The apprehending team having initial custody and control of the dangerous
drugs, controlled precursors and essential chemicals, instruments/paraphernalia
and/or laboratory equipment shall, WITHIN A REASONABLE TIME after seizure
and confiscation, conduct MARKING AND a physical inventory of the seized
items and photograph the same TOGETHER WITH A NEWSPAPER OR ANY
PUBLICATION DATED ON THAT DAY, OR BY ANY MEANS OR MODE TO
INDICATE THE DATE OF THE PHOTOGRAPH in the presence of the accused
or the person/s from whom such items were confiscated and/or seized, or his/her
tepresentative or counsel, with an elected public official OR a DULY
DESIGNATED representative of the National Prosecution Service who shall be
required to sign the copies of the inventory and be given a copy
thereof: Provided, That the physical inventory and photograph shall be conducted
at the place where the search warrant is served; or at the nearest police station
or at the nearest office of the apprehending officer/team, whichever is practicable,
in case of warrantless seizures: Provided, finally, That noncompliance of these
requirements under justifiable grounds, as long as the seized items are properly
PHOTOGRAPHED, RECORDED AND AUTHENTICATED by the apprehending
officer/team, shall not render void and invalid such seizures and custody over
said items.

“THE APPREHENDING TEAM MENTIONED IN THE PRECEDING
PARAGRAPH SHALL BE REQUIRED TO PROPERLY DOCUMENT THE
ANTI-ILLEGAL DRUGS OPERATIONS, FROM THE BEGINNING UNTIL THE
END, THROUGH THE USE OF A VALID AND LEGITIMATE TECHNOLOGY,
INCLUDING WEARING BODY-WORN CAMERAS AND/OR ALTERNATIVE
RECORDING DEVICES AND SHALL BE DEEMED ADMISSIBLE IN
EVIDENCE AGAINST THE OFFENDER.”

“WHERE A SEIZURE OF AN ILLICIT LABORATORY IS MADE, THE PDEA IS,
WITHIN FORTY EIGHT (48) HOURS, DO THE PROPER DISPOSAL OF
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 MAY NOT 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
WASTES SHALL BE SEPARATELY PHOTOGRAPHED, EXAMINED,
RECORDED, AUTHENTICATED, AND INVENTORIED.

Page 18 of 36


“MEMBERS OF THE MEDIA MAY BE INVITED TO THE JOIN/COVER ANTI-
DRUG OPERATIONS OF THE GOVERNMENT FOR JOURNALISM
PURPOSES ONLY. DETAILS AND FACTS ABOUT THE OPERATION
SHOULD NOT BE USED AS CONDITION FOR THE REPORTER TO SIGN THE
INVENTORY.

“(2) Within twenty-four (24) hours upon confiscation/seizure of dangerous drugs,
plant sources of dangerous drugs, controlled precursors and OR essential
chemicals, as well as instruments/paraphernalia and/or laboratory equipment, the
same shall be submitted to THE FORENSIC LABORATORY OF THE
ARRESTING TEAM FOR THE EXAMINATION AND IDENTIFICATON OF THE
SUBJECT SUBSTANCE;

“ (3) A certification of the forensic laboratory examination results, which shall be
done by the forensic laboratory examiner INDICATING THEREIN THE KIND OF
DANGEROUS DRUGS SEIZED, ITS CHEMICAL COMPOSITION IF
POSSIBLE, VOLUME, WEIGHT, AND OTHER RELEVANT INFORMATION
shail be issued immediately upon the receipt of the subject item/s: Provided, That
when the volume of dangerous drugs, plant sources of dangerous drugs, and
controlled precursors and essential chemicals does not allow the completion of
testing within the time frame, a partial laboratory examination report shall be
provisionally issued stating therein the quantities of dangerous drugs still to be
examined by the forensic laboratory: Provided, however, That a final certification
shall be issued immediately upon completion of the said examination and
certification;

“(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 representative or counsel, a representative from the media and the
DOJ, civil society groups and any elected public official. THE PROPERTY FROM
WHERE THE CLANDESTINELY MANUFACTURED DRUGS AND/OR
CONTROLLED PRECURSORS AND ESSENTIAL CHEMICALS WERE
SEIZED SHALL BE DECONTAMINATED AND CLEANED UP UNDER THE
SUPERVISION OF THE BOARD, IN COOPERATION WITH THE DOH,
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES AND
CONCERNED LOCAL GOVERNMENT UNITS. The Board shall draw up
guidelines on the manner of proper DISPOSAL and destruction of such item/s,
INCLUDING THE CLEAN UP OF THE CLANDESTINE LABORATORY, which
shall be borne by the offender. IN THE CASE OF THE CLEAN UP OF THE
CLANDESTINE LABORATORY, THE LESSOR OF THE PROPERTY OR
OWNER ON RECORD SHALL ALSO BEAR THE COST, UNLESS THE
LESSOR OF THE PROPERTY OR OWNER ON RECORD EACH PROVES
LACK OF KNOWLEDGE OF SUCH CLANDESTINE MANUFACTURE:
Provided, That a representative sample, duly weighed and recorded is retained;

Page 19 of 36


“(5) The Board shall then issue a sworn certification as to the fact of destruction
‘or burning of the subject item/s which, together with the AUTHENTICATED
PHOTOGRAPHS OF THE EVIDENCE in the custody of the PDEA AND THE
FINAL CERTIFICATION OF THE FORENSIC LABORATORY EXAMINATION
shall be submitted to the court having jurisdiction over the case.

“(6) The alleged offender or his/her representative or counsel shall be allowed to
personally observe all of the above proceedings and his/her presence shall not
constitute an admission of guilt. In case the said offender or accused refuses or
IS UNABLE TO OBSERVE the actual burning or destruction of the evidence in
question, the Secretary of Justice shall appoint a member of the public attorney's
office to represent the former;

“(7) THE SAME REQUIREMENTS ON INVENTORY AND PHOTOGRAPHING
SHALL APPLY ON SEIZURES AND CONFISCATIONS WHERE NO PERSON
IS ARRESTED OR APPREHENDED AS WELL AS SURRENDER OF
DANGEROUS DRUGS, PLANT SOURCES OF DANGEROUS DRUGS, WHICH
SHALL BE TURNED-OVER TO THE PDEA WITHIN TWENTY-FOUR (24)
HOURS FOR DESTRUCTION OR BURNING IN THE PRESENCE OF A
REPRESENTATIVE FROM DDB, THE MEDIA, CIVIL SOCIETY GROUPS AND
ANY ELECTED PUBLIC OFFICIAL;

“IN ADDITION, REPRESENTATIVE SAMPLES MAY BE RETAINED BY THE
PDEA FOR PURPOSES OF TRAININGS OF FORENSIC PERSONNEL AND K-
9 UNIT, ACADEMIC RESEARCH, DRUG PROFILING AND OTHER LAWFUL
AND LEGITIMATE PURPOSES UPON APPROVAL OF THE COURT OR BY
THE PDEA DIRECTOR GENERAL SUBJECT TO THE GUIDELINES THAT
MAY BE ISSUED BY THE BOARD.

SEC.14. Section 22 of the same Act 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 IN CLANDESTINE LABORATORY. THE
COMPUTATION OF MONETARY REWARD SHALL BE BASED ON THE
QUANTITATIVE AND QUALITATIVE EXAMINATIONS CONDUCTED BY
THE FORENSIC LABORATORY EXAMINER WITHIN TWENTY-FOUR (24)
HOURS AFTER RECEIPT OF SEIZED ITEMS.”

SEC. 15. Section 23 of the same Act is hereby repealed.
SEC. 16. Section 25 is hereby amended to read as follows:

“Section 26. Aggravating Circumstances in the Commission of a
Crime by an Offender Under the Dangerous Drugs Law — Notwithstanding the
provisions of any law to the contrary, a positive finding for the use of dangerous

Page 20 of 36


drugs shall be a SPECIAL aggravating circumstance in the commission of a
crime by an offender RESULTIING TO THE IMPOSITION OF THE MAXIMUM
PENALTY.”

“IN ADDITION, THE MAXIMUM PENALTY SHALL ALSO BE IMPOSED IF
ANY OF THE UNLAWFUL ACTS ABOVE ARE COMMITTED DURING AN
EPIDEMIC, PANDEMIC OR CALAMITY, WHERE A STATE OF CALAMITY IS
DECLARED BY THE PRESIDENT OF THE REPUBLIC OF THE PHILIPPINES.”

SEC. 17. Section 26 of the same Act is hereby amended to read as follows:
“SEC. 26. Attempt or 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:

“(ay x x x
x x x
“e) x x x

“(F) CHEMICAL DIVERSION
“(G) POSSESSION”

SEC. 18. A new section denominated as Section 29-A is hereby inserted after
Section 29 of the same Act, to read as follows:

“SEC. 29-A. CRIMINAL LIABILITY ON USE OR IMPLEMENTATION
OF SEARCH WARRANT ISSUED BASED ON PERJURIOUS, FALSIFIED
DOCUMENTS OR PLANTING OF EVIDENCE. — ANY PERSON WHO IS
FOUND GUILTY OF WILLFULLY OR INTENTIONALLY USING OR
IMPLEMENTING SEARCH WARRANT ISSUED BASED ON PERJURIOUS
OR FALSIFIED DOCUMENTS SHALL SUFFER THE PENALTY AS
PROVIDED FOR UNDER SEC. 29 OF THIS ACT.”

SEC. 19. Section 31 of the same act is hereby amended, to read as follows:

SEC. 31. PENALTY IF OFFENDER IS AN ALIEN. — IF THE VIOLATOR OF
ANY OF THE PROVISIONS OF THIS ACT IS AN ALIEN, THE PENALTY TO BE
IMPOSED SHALL BE THE PENALTY PRESCRIBED BY THE ALIEN’S NATIONAL
LAW FOR THE ACT COMMITTED OR THE PENALTY PRESCRIBED BY THIS
ACT, WHICHEVER IS HIGHER: PROVIDED, THAT IF THE ACT COMMITTED IS
NOT PUNISHABLE IN THE ALIEN’S NATIONAL LAW, THEN THE PROVISIONS
OF THIS ACT SHALL APPLY.

In addition to the penalties prescribed FOR the unlawful act committed, any alien who
violates such provisions of this Act shall, after service of sentence, be deported
immediately without further proceedings.
SEC. 20. Section 33 of the same Act is hereby amended to read as follows:

“SEC. 33. Immunity from Prosecution and Punishment. —

Notwithstanding the provisions of Section 17, Rule 119 of the Revised Rules of
Criminal Procedure and the provisions of Republic Act No. 6981 or the Witness

Page 21 of 36


Protection, Security and Benefit Act of 1991, any person who has violated
Sections 5, 7, 11(3), 11(4), 11-A,12, 12-A, 14 and 15, Article Il of this Act, who
voluntarily gives information about any violation of Sections 4, 5, 6, 8, 10, 13
and 16, Article I! 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 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:
“* x x"

SEC. 21. A new section denominated as Section 33-A is hereby inserted after Section
33 of the same Act, to read as follows:

“SEC. 33-A. IMMUNITY FROM PROSECUTION UNDER OTHER
CIRCUMSTANCES, MINIMUM PENALTY AND COMMUTATION OF
SENTENCE. - ANY PERSON CHARGED FOR ANY OFFENSE UNDER THIS
ACT AND WHO IS NOT QUALIFIED FOR IMMUNITY UNDER THE
PRECEDING SECTION 33 MAY APPLY FOR IMMUNITY FROM
PROSECUTION UNDER THIS SECTION IF HE/SHE IS WILLING TO
REVEAL THE IDENTITY AND PARTICIPATION OF PERSONS INVOLVED
FOR VIOLATION OF SECTIONS 4, 5, 6, 8, 10 AND 16 OF ARTICLE I! OF
THIS ACT, INCLUDING THE VIOLATOR’S FINANCIERS, PROTECTORS OR
CODDLERS.

“THE GRANT OF THE APPLICATION FOR IMMUNITY IS
CONDITIONED UPON THE ARREST AND PROSECUTION OF ANYONE,
SOME OR ALL OF THE PERSONS HE/SHE NAMED OR IDENTIFIED, THE
WILLINGNESS FROM HIS/HER PART TO TESTIFY AGAINST THE
PERSON/S HE/SHE NAMED OR IDENTIFIED, HE/SHE DOES NOT APPEAR
TO BE THE MOST GUILTY FOR THE OFFENSE TO WHICH HIS/HER
INFORMATION OR TESTIMONY IS GIVEN, AND THE CONCURRENCE OF
THE FOLLOWING:

“(A) THE INFORMATION AND TESTIMONY ARE NECESSARY
FOR THE CONVICTION OF THE PERSONS HE/SHE NAMED OR
IDENTIFIED;

“(B) SUCH INFORMATION AND TESTIMONY ARE NOT YET IN
THE POSSESSION OF THE STATE;

“(C) SUCH INFORMATION AND TESTIMONY CAN BE
CORROBORATED ON ITS MATERIAL POINTS; AND

“(D) THE INFORMANT OR WITNESS SHALL, WITHOUT DELAY,
STRICTLY AND FAITHFULLY COMPLY WITH ANY CONDITION OR
UNDERTAKING LAWFULLY IMPOSED BY THE STATE AS FURTHER
CONSIDERATION FOR THE GRANT OF IMMUNITY FROM PROSECUTION
AND PUNISHMENT.

Page 22 of 36


“IF HE/SHE SATISFIES THE ABOVE CONDITIONS FOR THE GRANT
OF IMMUNITY, THE APPLICANT MAY BE QUALIFIED FOR AND BE
PLACED UNDER THE WITNESS PROTECTION PROGRAM.

“IF NONE OF THE PERSON/S HE/SHE NAMED OR IDENTIFIED HAS
BEEN ARRESTED AND CHARGED, THE PROSECUTION OF THE CASE
SHALL PROCEED, BUT THE COURT SHALL SUSPEND PROMULGATION
OF JUDGMENT FOR A PERIOD NOT EXCEEDING SIX (6) MONTHS FROM
THE DATE HIS/HER CASE IS SUBMITTED FOR DECISION. THE COURT,
HOWEVER, IS BOUND TO RENDER JUDGMENT IF THE ACCUSED
REQUESTS FOR EARLY DECISION.

“THE COURT SHALL RENDER A DECISION IF THE PERSON
HE/SHE NAMED OR IDENTIFIED REMAINS AT-LARGE AFTER THE
LAPSE OF THE ORIGINAL OR EXTENDED PERIOD. IF HE/SHE IS FOUND
GUILTY, THE COURT SHALL IMPOSE ONLY THE MINIMUM PENALTY
FOR THE OFFENSE CHARGED OR PROVEN. HOWEVER, HE/SHE MAY
BE CALLED LATER AS WITNESS FOR THE PROSECUTION, WITH
HIS/HER EXPRESS CONSENT, IN THE EVENT THAT ONE, SOME OR ALL
THE PERSONS HE/SHE NAMED OR IDENTIFIED HAS OR HAVE BEEN
APPREHENDED AND CHARGED IN COURT FOR VIOLATION OF
SECTIONS 4, 5, 6, 8, 10 AND 16 OF THIS ACT. IF HE/SHE HAS TESTIFIED
FOR THE PROSECUTION, HIS/HER SENTENCE MAY BE REDUCED, OR
HE/SHE MAY BE CONSIDERED TO HAVE FULLY SERVED HIS/HER
SENTENCE AND MAY BE RELEASED IMMEDIATELY, AT THE
DISCRETION OF THE COURT.”

SEC. 22. —_ Section 36 of the same Act is hereby amended to read as follows:

“SEC. 36. Authorized Drug Testing. — Authorized drug testing shall be
done by any government forensic laboratories or by any of the drug testing
laboratories accredited and monitored by the DOH to safeguard the quality of
test results. The DOH shall take steps in setting the price of the drug test with
DOH accredited drug testing centers to further reduce the cost of such drug
test. The drug testing shall employ, among others, testing methods THAT
SHALL DETERMINE THE PRESENCE OF CANNABIS, COCAINE,
OPIATES, AMPHETAMINES, METHAMPHENTAMINE, PHENCYCLIDINE
AND OTHER DANGEROUS DRUGS AS DETERMINED BY THE BOARD.
Drug test certificates issued by accredited drug testing centers shall be valid
for a THREE-MONTH period from the date of issue which may be used for
other purposes. The following shall be subjected to undergo drug testing:

Page 23 of 36


(A) APPLICANTS FOR FIREARM'S LICENSE AND FOR PERMIT
TO CARRY FIREARMS OUTSIDE OF RESIDENCE;

(B) APPLICANTS FOR ADMISSION IN A SECONDARY,
VOCATIONAL OR TERTIARY SCHOOL OWNED AND/OR SUBSIDIZED BY
THE GOVERNMENT;

(C) APPLICANTS FOR APPOINTIVE POSITIONS IN THE
GOVERNMENT;

(D) PERSONS CHARGED BEFORE THE PROSECUTOR'S OFFICE
FOR VIOLATION OF SECTIONS 4 TO 16, ARTICLE Il OF RA 9165; AND

(E) PROFESSIONAL AND NON-PROFESSIONAL ATHLETES. —
ALL ATHLETES, PROFFESSIONAL AND NON-PROFESSIONAL, IN ANY
KIND OF SPORT, SHALL UNDERGO A MANDATORY DRUG TEST TWICE
A YEAR. ANY ATHLETE FOUND POSITIVE FOR USE OF DANGEROUS
DRUGS SHALL BE SUSPENDED SUBJECT TO FURTHER INVESTIGATION
BY APPROPRIATE GOVERNMENT AGENCIES.

‘x x x

WHILE THE FOLLOWING SHALL BE SUBJECTED TO UNDERGO
RANDOM DRUG TESTING:

(A) HOLDERS OF DRIVER'S LICENSE;

Page 24 of 36


(B) HOLDERS OF FIREARM'S LICENSE AND FOR PERMIT TO
CARRY FIREARMS OUTSIDE OF RESIDENCE;

(C) STUDENTS OF SECONDARY, VOCATIONAL AND TERTIARY
SCHOOLS;

(D) OFFICERS AND MEMBERS OF THE MILITARY, POLICE AND
OTHER LAW ENFORCEMENT AGENCIES ONCE IN A YEAR OR AS OFTEN
AS REQUIRED;

(E) OFFICERS AND EMPLOYEES OF PUBLIC AND PRIVATE
OFFICES.

“ANY PERSON WHO TESTED POSITIVE FOR USE OF DANGEROUS
DRUGS PURSUANT TO THE RANDOM DRUG TESTING CONDUCTED
‘SHALL BE SUBJECTED TO THE PROCEDURES LAID DOWN BY LAW AND
APPLICABLE RULES AND REGULATIONS”

SEC. 23. Section 51 of the same Act is hereby amended to read as follows:

“SEC. 51. Local Govemment Units' PROGRAMS AND Assistance.
— Local government units shall appropriate a substantial portion of NOT LESS
THAN ONE PERCENT (1%) OF their respective annual budgets IN SUPPORT
OF WELL-FUNCTIONING ANTI-DRUG ABUSE COUNCILS (ADACS) AND
ESTABLISHMENT OF ANTI-DRUG ABUSE OFFICES (ADAOS) AND
PROGRAMS ON SUBSTANCE USE PREVENTION AND MANAGEMENT IN
LOCAL HEALTH OFFICES.

“THE ADAC IS A MULTI-SECTOR COUNCIL COMPOSED OF
LOCAL OFFICIALS AND REPRESENTATIVES OF VARIOUS COMMUNITY
ORGANIZATIONS TASKED TO PLAN, IMPLEMENT, AND MONITOR ALL
ANTI- ILLEGAL DRUG ABUSE PROGRAMS, PROJECTS AND ACTIVITIES
IN THE LOCAL GOVERNMENT UNIT.

“THE ADAO SHALL PROVIDE TECHNICAL AND ADMINISTRATIVE
SUPPORT SERVICES TO THE ADAC AND ACT AS ITS SECRETARIAT TO
IMPLEMENT EFFECTIVELY THE PROVISIONS OF THIS SECTION. THE
BOARD, WITH THE ASSISTANCE OF THE DEPARTMENT OF THE
INTERIOR AND LOCAL GOVERNMENT (DILG), SHALL ISSUE THE
NECESSARY GUIDELINES WITHIN NINETY (90) DAYS FROM APPROVAL
OF THIS ACT.”

SEC. 24. Section 54 of the same Act is hereby amended to read as follows:

“SEC. 54. Voluntary Submission [ofa-Drug- Dependent] to [Confinement]
Treatment and Rehabilitation. — [A-drug-dependentor any persen-whe-violates

i ie-Aet] ANY PERSON may, by himselfiherself or through
his/her spouse, parent, guardian or relative within the fourth degree of
consanguinity or affinity, apply to the Board or its duly [recegnized}
AUTHORIZED representative, for treatment and rehabilitation-fef the-drug

Page 25 of 36


dependency]. Upon such application, the Board OR ITS DULY AUTHORIZED
REPRESENTATIVE shall REQUIRE [bring-forth-the-matterto-the Courtwhich
shall_order—thal] the applicant [be—examined—for] TO UNDERGO drug
dependency EXAMINATION. If the examination by a DOH-accredited
physician results in the issuance of a certification that the applicant is [a] WITH
SEVERE drug [dependent} AND/OR CHEMICAL DEPENDENCE, he/she
shall be [ordered-by-the-Court] REQUIRED TO SIGN AN UNDERTAKING
AND SUBMISSION to undergo IN-PATIENT treatment and rehabilitation AND
BE REFERRED TO A [in-a] GOVERNMENT center [designated by the Board]
for a period of not less than six (6) months: Provided, That a PERSON WITH
MODERATE drug [dependent] ANDIOR CHEMICAL DEPENDENCY may be
placed under A FACILITY BASED OUT-PATIENT PROGRAM UNDER the
care of [a] DOH-accredited PROVIDERS [physician where there is-no-Center

the-community.} WHILE THOSE FOUND WITH MILD DEPENDENCE SHALL
BE REFERRED TO COMMUNITY BASED DRUG REHABILITATION
(CBDR) PROGRAM UNDER THE CARE OF TRAINED CBDR
IMPLEMENTORS OF THE LOCAL GOVERNMENT UNIT.

[Gonfinementin—a-Centerfor] THE HEAD OF THE treatment and
rehabilitation CENTER OR THE PROVIDER OR THE IMPLEMENTOR shall
[Re

BOARD OR ITS DULY ‘AUTHORIZED REPRESENTATIVE of the status of
said drug AND/IOR CHEMICAL dependent and determine, WITH THE
ASSISTANCE OF A DOH-ACCREDITED PHYSICIAN, whether further
confinement will be for the welfare of the drug dependent and his/her family
or the community.”

SEC. 25. Section 56 of the same Act is hereby amended to read as follows:

“SEC. 56. Temporary Release from the Center; After-Care and Follow-
Up Treatment Under the Voluntary Submission Program. — Upon certification
of the Center that the drug AND/OR CHEMICAL dependent within the
voluntary submission program UNDERGOING IN-PATIENT TREATMENT
AND REHABILITATION may be temporarily released. [,the- Court] The Center
Head shall order his/her release on condition that said drug dependent shall
report to the DOH for after-care and follow-up treatment, including urine
testing, for a period not exceeding eighteen (18) months. [uAder-such-terme
and-conditions- that the Court may impose]

If during the period of after-care and follow-up, the drug ANDIOR CHEMICAL
dependent is certified to be rehabilitated, he/she may be discharged by the
[Court] CENTER, subject to the provisions of Section 55 of this Act, without
prejudice to the outcome of any pending case filed in court

However, should the DOH find that during the initial after-care and follow-up
program of eighteen (18) months, the drug AND/OR CHEMICAL dependent
requires further treatment and rehabilitation in the Center, he/she shall be

Page 26 of 36


recommitted to the Center for confinement. Thereafter, he/she may again be
certified for temporary release and ordered released for another after-care and
follow-up program pursuant to this Section.

SEC. 26. The Title of Article Vill and Sections 55, 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 DANGEROUS
“DRUG OR CHEMICAL DEPENDENT.”

SEC. 27. Section 76 (6) of the same Act is hereby amended to read as follows:

“SEC. 76. The Duties and Responsibilities of the Department of Health (DOH)
Under this Act.- The DOH shall:

(1)Xxx

(2)Xxx

(3) Xxx

(4) Xxx

(5) Xxx

(6) DETERMINE REASONABLE FEES FOR DRUG DEPENDENCY
EXAMINATIONS, OTHER MEDICAL AND LEGAL SERVICES PROVIDED TO
THE PUBLIC IN RELATION TO THE IMPLEMENTATION OF THIS ACT.

SEC. 28. Section 78 of the same Act is hereby amended to read as follows:

“SEC. 78. Composition of the Board. - The Board shall be composed
of TWENTY (20) members wherein three (3) of WHOM are permanent
members, the other 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
in law, medicine, criminology, psychology or social work, 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 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 the 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 FIFTEEN (15) members who shall be ex-officio members of

the Board are the following:

“(1) Secretary of the Department of Justice or his/her 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;

Page 27 of 36


“(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 DILG 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) Chairman of the Commission on Higher Education or his/her
representative;

“(11) | Chairman of the National Youth Commission OR HIS/HER
AUTHORIZED REPRESENTATIVE,

“(12) Director General of the Philippine Drug Enforcement Agency OR
HIS/HER AUTHORIZED REPRESENTATIVE;

“(13) | SECRETARY OF THE DEPARTMENT OF TRANSPORTATION
OR HIS/HER AUTHORIZED REPRESENTATIVE;

“(14) SECRETARY OF THE DEPARTMENT OF BUDGET AND
MANAGEMENT OR HIS/HER AUTHORIZED REPRESENTATIVE; AND

“(15) EXECUTIVE DIRECTOR OF THE DANGEROUS DRUGS
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
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 EX-
OFFICIO consultants of the Board, and MAY attend all the meetings of the
Board.

“THE BOARD MAY ENGAGE THE SERVICES OF CONSULTANTS
WHO ARE PRESUMED 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 EX-OFFICIO consultants shall
receive per diem for every meeting actually attended subject to the pertinent

Page 28 of 36


budgetary laws, rules and regulations on compensation, honoraria and
allowances: Provided, That where the representative of an ex-officio member
or of the consultant of the Board attends a meeting in behalf of the latter, such
PERMANENT representatives shall be entitled to receive the per diem.”

SEC. 29. Section 79 of the same Act is hereby amended to read as follows:

“SEC. 79. Meetings of the Board. - The Board shall meet once a
MONTH or as often as necessary at the CALL of the Chairman or any four (4)
other members. The presence of ELEVEN (11) members shall constitute a
quorum.”

SEC. 30. Section 80 of the same Act is hereby amended to read as follows:

“SEC. 80. Secretariat of the Board.—- x x x

x“ x x

“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 SERVICES, namely: Policy Studies, Research and Statistics;
Preventive Education, Training and Information; Legal Affairs; and the
Administrative and Financial Management.”

SEC. 31. Section 82 of the same Act is hereby amended to read as follows:

“SEC. 82. Creation of the Philippine Drug Enforcement Agency
(PDEA). ~ x 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/she must possess A
POSTGRADUATE DEGREE, A CAREER EXECUTIVE SERVICE
ELIGIBILITY, A CAREER EXECUTIVE SERVICE ELIGIBILITY AND
adequate knowledge, training and experience in the field of dangerous drugs,
CONTROLLED PRECURSORS AND ESSENTIAL CHEMICALS CONTROL,
and in any of the following fields: law enforcement, CRIMINAL POLICING,
LEGAL AND PROSECUTION, CRIMINOLOGY, AND INTELLIGENCE AND
SECURITY ADMINISTRATION.

“IN THE PERFORMANCE OF DUTIES AND RESPONSIBILITIES, 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 (2) deputies director general shall likewise be appointed by the
President of the Philippines upon recommendation OF THE DIRECTOR
GENERAL OF THE PDEA AND THE 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)

Page 29 of 36


deputies director general shall receive the compensation and salaries as
prescribed by law.

SEC. 32. ‘Section 83 of the same Act is hereby amended to read as follows:

“Sec 83. Organization of the PDEA. — “The Director General of the
PDEA shall be responsible for the necessary changes in the organizational
set-up which shall be submitted to the board AND SUBJECT TO THE
APPROVAL OF THE OFFICE OF THE PRESIDENT.

“For purposes of carrying out its duties and powers as provided for in
the succeeding Section of this Act, the PDEA shall have the following Services,
namely: INTELLIGENCE; INVESTIGATION; International Cooperation and
Foreign Affairs; Preventive Education and Community Involvement; PLANS,
POLICIES AND STANDARDS; OPERATIONS; Compliance; Legal and
Prosecution, Human Resource Management; Financial Management;
LOGISTICS MANAGEMENT, ADMIN AND GENERAL; Internal Affairs;
LABORATORY; SPECIAL ENFORCEMENT; AND INFORMATION AND
TECHNOLOGY MANAGEMENT.

THE PDEA SHALL ESTABLISH AND MAINTAIN OFFICES IN THE
DIFFERENT DISTRICTS, REGIONS, PROVINCES, HIGHLY URBANIZED
CITIES AND MUNICIPALITIES OF THE COUNTRY WHICH SHALL BE
RESPONSIBLE FOR THE IMPLEMENTATION OF THIS ACT AND THE
POLICIES, PROGRAMS, AND PROJECTS OF THE AGENCY IN THEIR
RESPECTIVE AREAS

SEC. 33. Section 84 of the same Act is hereby amended to read as follows:

“SEC. 84. Powers and Duties of the PDEA. - The PDEA shall
“a x ox x

x x x

“() Establish forensic laboratories ineach-PNR office in every
province and city in order to facilitate action on seized or confiscated drugs,
thereby hastening its destruction without delay.

“(g) COORDINATE AND SUBMIT CONFIDENTIAL REPORTS WITH
APPROPRIATE RECOMMENDATIONS TO THE ANTI-MONEY
LAUNDERING COUNCIL (AMLC) FOR THE ISSUANCE OF A FREEZE
ORDER, FOR THE INITIATION OF APPROPRIATE SEIZURE OR
FORFEITURE PROCEEDING AND FOR THE INVESTIGATION,
INSPECTION OR EXAMINATION OF ANY FINANCIAL TRANSACTION,
INVESTMENT OR ASSET IN ANY BANK OR FINANCIAL INTERMEDIARY
OF ANY PERSON SUSPECTED OR APPREHENDED FOR VIOLATING
SECTIONS 4, 5, 6, 8, 9, 10, 12, 13, 14 AND 16 OF THIS ACT.

THE CONFIDENTIAL REPORT OR RECOMMENDATION THAT IS
BASED ON RELIABLE AND VERIFIED INTELLIGENCE INFORMATION
SHALL CONTAIN THE NAME OR IDENTITY OF THE SUSPECT AND
OTHER RELEVANT INFORMATION. IT SHALL RENDER THE PERSONAL
AND RELATED TRANSACTIONS OF THE SUSPECT’S SUSPICIOUS

Page 30 of 36


TRANSACTIONS AS DEFINED UNDER SECTION 3(B-1) IN RELATION TO
SECTION 4 OF REPUBLIC ACT NO. 9160, AS AMENDED, OTHERWISE
KNOWN AS THE “ANTI-MONEY LAUNDERING ACT OF 2001.” IT SHALL
HAVE THE SAME EFFECT IN THE CASE OF A REPORT OR
RECOMMENDATION MADE UPON ALL PERSONAL AND RELATED
TRANSACTIONS OF A PERSON ARRESTED OR APPREHENDED.

“PROPER COORDINATION AND EXCHANGE OF INFORMATION
WITH THE AMLC SHALL BE UNDERTAKEN TO SUBSTANTIATE
CHARGES, STRENGTHEN THE CASE, AND/OR SUPPORT THE
PROSECUTION AGAINST THE PERSON SUBJECT OF THE REPORT OR
RECOMMENDATION;

“(h) x x
“i) x x

xx

“(I-1) SUBJECT TO THE PROVISIONS OF REPUBLIC ACT NO. 4200,
ENTITLED, “AN ACT TO PROHIBIT AND PENALIZE WIRE TAPPING AND
OTHER RELATED VIOLATIONS OF THE PRIVACY OF COMMUNICATION,
AND FOR OTHER PURPOSES,” MONITOR ANY MESSAGE,
COMMUNICATION OR CONVERSATION TRANSMITTED OR RECEIVED
THROUGH WIRELESS OR DIGITAL TELECOMMUNICATION, ON-LINE,
INTERNET, CYBER OR WHATEVER OTHER MEANS OF
COMMUNICATION IF SAID MESSAGE, COMMUNICATION OR
CONVERSATION IS CONSIDERED CONNECTED TO THE COMMISSION
OF ANY OF THE UNLAWFUL ACTS OR ACTIVITIES PRESCRIBED IN THIS
ACT OR TO AN ACT PREPARATORY TO, OR FOR THE PURPOSE OF
COMMITTING SAID UNLAWFUL ACTS OR ACTIVITIES. FOR THIS
PURPOSE, THE PDEA SHALL ORGANIZE A SPECIAL UNIT OR OFFICE
UNDER ITS INTELLIGENCE AND INVESTIGATION SERVICES TO
MONITOR, BY THE USE OF ELECTRONIC DEVICE, ALL ACTIVITIES OF
ANY PERSON ENGAGED IN IMPORTATION, EXPORTATION,
MANUFACTURE, PLANTATION, CULTIVATION, SELLING, PUSHING,
TRADING, TRANSPORTATION OR DISTRIBUTION OF ILLEGAL DRUGS
OR SIMILAR SUBSTANCES, AND THEIR FINANCIERS, PROTECTORS OR
CODDLERS.

“SUBJECT TO THE PROVISIONS OF REPUBLIC ACT NO. 4200, ANY
INFORMATION GATHERED OR OBTAINED IN THE COURSE OF VALID
MONITORING MENTIONED IN THE PRECEDING PARAGRAPH, MAY BE
USED IN EVIDENCE, WHETHER BEFORE OR AFTER THE SUBJECT
PERSON IS CHARGED FOR VIOLATION OF THIS ACT.

“* x x

Wo ox ox x

“(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 FUNCTIONS AND PROGRAMS, and implement
applicable provisions of international conventions and agreements related to

Page 31 of 36


dangerous drugs AND CONTROLLED PRECURSORS AND ESSENTIAL
CHEMICALS to which the Philippines is a signatory;

™* x x

“(0.) CONDUCT REGULATORY COMPLIANCE INSPECTION AND
DANGEROUS DRUGS AND/OR CONTROLLED PRECURSORS AND
ESSENTIAL CHEMICALS DIVERSION CONTROL PROGRAM AND

INVESTIGATION;
x x x"
“rx x x

“(S) DEPUTIZE QUALIFIED PERSONNEL AND/OR UNITS OF
OTHER DEPARTMENTS, BUREAUS, OFFICES, AGENCIES, OR LOCAL
GOVERNMENT UNITS TO ASSIST IN A MORE RESOLUTE
IMPLEMENTATION OF THIS ACT.”

SEC. 34. Section 85 of the same Act is hereby amended to read as follows:

“SEC. 85. The 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. The PDEA Academy shall be
responsible in the recruitment and training of all PDEA agents and personnel
The Board shall provide for the qualifications of its recruits who must be at least
twenty-one (21) years old, of proven integrity and honesty and a Baccalaureate
degree holder. UNTIL SUCH TIME THAT A FUNCTIONAL PDEA ACADEMY
IS ESTABLISHED, PDEA IS AUTHORIZED TO CONDUCT ITS TRAINING IN
ANY EXISTING TRAINING ACADEMY, INSTITUTION OR FACILITY
OPERATED BY ANY DEPARTMENT, BUREAU, OFFICE, AGENCY OR
INSTRUMENTALITY OF THE GOVERNMENT, SUBJECT TO PRIOR
CONSULTATION WITH AND AGREEMENT OF THE PARTIES
CONCERNED.

THE PDEA ACADEMY SHALL HAVE AN APPROPRIATION FOR ITS.
OPERATION AND PROGRAMS THAT SHALL BE REFLECTED IN THE
ANNUAL BUDGET OF THE PDEA PROVIDED FOR IN THE GENERAL
APPROPRIATIONS ACT.

x x x
SEC. 35. Section 86 of the same Act is hereby amended to read as follows:

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

x x x

THE HEADS OF THE PNP, NATIONAL BUREAU OF
INVESTIGATION, BUREAU OF CUSTOMS, ARMED FORCES OF THE
PHILIPPINES OR OTHER GOVERNMENT AGENCIES AND LOCAL
GOVERNMENT UNITS PERFORMING LAW ENFORCEMENT FUNCTIONS
OR MISSIONS ARE AUTHORIZED TO CONTINUE PLACEMENT OF THEIR
PERSONNEL ON DETAIL SERVICE WITH PDEA UPON THE REQUEST OF
THE DIRECTOR GENERAL OF PDEA FOR A PERIOD NOT EXCEEDING
FIVE (5) YEARS: PROVIDED, THAT THE DETAIL SERVICE WITH PDEA
SHALL BE CONSIDERED AS CAREER SERVICE CONNECTED:

Page 32 of 36


PROVIDED, FURTHER, THAT AUTHORIZATION FOR THE DETAIL
SERVICE FROM OTHER AGENCIES TO PDEA SHALL CEASE WHEN
PDEA IS ABLE TO RECRUIT A MINIMUM OF THREE THOUSAND (3,000)
ORGANIC PDEA AGENTS: PROVIDED, FINALLY, THAT THE PERSONNEL
ON DETAIL SHALL BE GIVEN THE OPTION TO JOIN THE PDEA,
SUBJECT TO PERTINENT LAWS, CIVIL SERVICE RULES AND
REGULATIONS, AND THE QUALIFICATION REQUIREMENTS OF THE
PDEA.

* x x

SEC. 36. Section 87 of the same Act is hereby amended to read as follows:

“SEC. 87. Appropriations. x x x

All receipts derived from fines, fees and other income authorized and
imposed in this Act, including ten percent (10%) of all unclaimed and forfeited
sweepstakes and lotto prizes but not 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 OTHERWISE
ALLOWED ELSEWHERE IN THIS ACT, no amount shall be disbursed to
cover operating expenses of the Board and other concerned agencies:
PROVIDED, FURTHER, THAT PDEA SHALL RETAIN THE TOTAL
COLLECTION FOR DRUGS AND CHEMICAL FEES AND CHARGES TO FUND
THE COMPLIANCE AND DIVERSION CONTROL PROGRAM, PDEA
ACADEMY DEVELOPMENT PROGRAM, AND FORENSIC LABORATORY
DEVELOPMENT PROGRAM OTHER THAN WHAT IS PROVIDED FOR IN THE
GENERAL APPROPRIATIONS ACT: Provided FINALLY, That at least fifty
percent (50%) of all the funds, EXCEPT FEES AND CHARGES COLLECTED BY
PDEA, shall be reserved for assistance to government-owned and/or operated
rehabilitation centers.

* x x

‘SEC. 37. Section 92 of the same Act is hereby amended to read as follows:

“SEC. 92. Delay and Bungling in the Prosecution of Drug Cases. -
Any government officer or employee tasked with the prosecution of drug-related
cases under this Act, who, through patent laxity, inexcusable neglect,
unreasonable delay, or IN deliberately CAUSING the unsuccessful prosecution
and/or dismissal of the said drug cases, shall suffer the penalty of imprisonment
ranging from twelve (12) years and one (1) day to twenty (20) years without
prejudice to his/her prosecution under the pertinent provisions of the Revised
Penal Code.

SEC. 38. Section 93 of the same Act is hereby amended to read as follows:

“SEC. 93. Reclassification, Addition or Removal of Any Drug AND
CHEMICAL from the List 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. THE

Page 33 of 36


BOARD MAY ONLY REMOVE FROM SUCH LISTS, ANY OF THE
DANGEROUS DRUGS AND/OR CONTROLLED PRECURSOR AND
ESSENTIAL CHEMICAL THAT IT HAD ADDED, BY REGULATION, WHICH
IS 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 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 ESSENTIAL CHEMICALS FROM ANY
SPECIFIC PROVISION OF THE REGULATION UNDER THIS ACT:
PROVIDED, THAT SUCH DANGEROUS DRUG PREPARATION OR ANY
DRUG PREPARATION CONTAINING CONTROLLED PRECURSORS AND
ESSENTIAL CHEMICALS IS REGISTERED WITH THE FOOD AND DRUG
ADMINISTRATION AS A DRUG, AND PRODUCTS CONTAINING THE
CONTROLLED PRECURSORS AND ESSENTIAL CHEMICALS ARE
LEGITIMATELY TRADED AND SOLD COMMERCIALLY. Proceedings to
reclassify, add, or remove a drug, CHEMICAL or other substance, 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, CHEMICAL OR OTHER SUBSTANCE, a medical
society or association, a pharmacy association, A 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 an investigation of
a drug, CHEMICAL OR SUBSTANCE at any time based upon the information
received from law enforcement laboratories, national and local law
enforcement and regulatory agencies, or other sources of information.
ACCORDINGLY, PDEA SHALL HAVE THE POWER TO CONDUCT
ADMINISTRATIVE INSPECTION OF THE PREMISES OF BUSINESSES,
IMPORTERS AND OTHER INDIVIDUALS AND ENTITIES GRANTED
LICENSE OR EXEMPTION.

“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:

“(a) _ Its actual or relative potential for abuse;

*(b) Scientific evidence of its pharmacological effect if known;

*(c)_ The state of current scientific knowledge regarding the drug,
CHEMICAL or other substance;

“(d)_ EVIDENCE AND history [and] OF current pattem of abuse,
ILLICIT TRAFFIC AND DIVERSION OF SUCH SUBSTANCE;

“(e) The scope, duration, and significance of abuse, ILLICIT
TRAFFIC AND DIVERSION;

“() Risk to public health; [and]

Page 34 of 36


Whether the substance is an immediate precursor of a substance
already controlled under this Act;

“(H) TOXICOLOGY, INCLUDING ADVERSE REACTIONS IN
HUMANS;

“() | THERAPEUTIC OR INDUSTRIAL USE;

“(3) WHETHER THE PREPARATION OR MIXTURE IS
COMPOUNDED IN SUCH A WAY THAT IT PRESENTS NEGLIGIBLE OR NO
RISK, IF ANY, OF ABUSE OR DIVERSION AND THE SUBSTANCE MAY
NOT 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 MAY NOT BE EASILY USED IN
THE ILLICIT PRODUCTION OF A DANGEROUS DRUG; AND

“(L) WHETHER THE CONTROLLED PRECURSOR AND
ESSENTIAL CHEMICAL MAY BE READILY RECOVERED FROM THE
DRUG OR GROUPS OF DRUGS OR CHEMICAL MIXTURE OR END
PRODUCT CONTAINING THE CHEMICAL.

“The Board shall also 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, CHEMICAL OR SUBSTANCE OR EXEMPTION FROM ANY
PRESCRIBED REGULATION by publishing such notice in any newspaper of
general circulation once a week for two (2) weeks 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 (2) WEEKS.

“The effect of such reclassification, addition or removal FROM THE
LISTS OF DANGEROUS DRUGS AND/OR CONTROLLED PRECURSORS
AND ESSENTIAL CHEMICALS, OR EXEMPTION FROM ANY PRESCRIBED
REGULATION shall be as follows:

“(a) In case a dangerous drug is reclassified as CONTROLLED
precursors and essential chemicals, the penalties for the violations of this Act
involving CONTROLLED PRECURSORS AND ESSENTIAL CHEMICALS
shall, in case of conviction, be imposed in all pending criminal prosecutions;

“(b) in case a CONTROLLED precursor and essential chemical is
reclassified as dangerous drug, the penalties for violations of the Act involving
CONTROLLED precursors and essential chemicals shall, in case of conviction,
be imposed in all pending criminal prosecutions;

Page 35 of 36


“(c)_ Incase of the addition of a new drug OR CHEMICAL to the list of
dangerous drugs 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 OR CONTROLLED precursors and essential chemicals, all
persons convicted and/or detained for the 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 OF 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; AND

“(F) THE BOARD SHALL, WITHIN FIVE (5) DAYS FROM THE
DATE OF ITS PROMULGATION, SUBMIT TO CONGRESS A DETAILED
RECLASSIFICATION, ADDITION, REMOVAL OF ANY DRUG, CHEMICAL
OR OTHER SUBSTANCE FROM THE LISTS OF DANGEROUS DRUGS
AND/OR CONTROLLED PRECURSORS AND ESSENTIAL CHEMICALS,
AND EXEMPTIONS.”

SEC. 39. Section 101 of the same Act is hereby amended to read as follows:

“SEC. 101. AMENDATORY Clause. — Republic Act No. 7659,
PRESIDENTIAL DECREE NO. 1619 AND OTHER LAWS INCONSISTENT
WITH THIS ACT ARE hereby amended accordingly.”

SEC. 40.  Separability Clause. - Should any provision of this Act or any part
thereof be declared invalid, the other provisions, insofar as they are separable from the
invalid one, shall remain in full force and effect.

SEC. 41. Repealing Clause. — All laws, orders, issuances, rules and regulations
or parts thereof inconsistent with this Act are hereby repealed or modified accordingly. THE
PROVISIONS OF THIS ACT SHALL NOT IN ANY WAY REPEAL REPUBLIC ACT NO.
9346, OR “AN ACT PROHIBITING THE IMPOSITION OF DEATH PENALTY IN THE
PHILIPPINES.

SEC. 42. _Effectivity. - This Act shall take effect fifteen (15) days after its
complete publication in the Official Gazette or in a newspaper of general circulation.

Approve,

Page 36 of 36