FOURTEENTH CONGRESS OF THE REPUBLIC 
) 
) 
7 JUL -3 F 3 :I<(\ 
OF THE PHILIPPINES 
First Regular Session 
1 
s.B.N~. 838 
Introduced by Senator Biazon 
EXPLANATORY NOTE 
To carry out the policy of the State to safeguard the well being of its citizenry 
particularly the youth, from the harmful effects of dangerous drugs, Sec. 2 of RA 9165, 
otherwise known as the Comprehensive Dangerous Drugs Act of 2002, provides that 
'I.. . the State needs to enhance further the efficacy of the law against dangerous drugs, it 
being one of today's more serious social ills. Towards this end, the government shall 
pursue an intensive and unrelenting campaign against the trafficking and use of 
dangerous drugs and other similar substances. The government shall however aim to 
achieve a balance in the national drug control program so that people with legitimate 
medical needs are not prevented from being treated with adequate amounts of 
appropriate medications, which include the use of dangerous drugs". 
A strategic development is that drug trafficking has been considered a non- 
It has been almost five (5) years since the enactment of Republic Act No. 9165. 
Due to re-enacted annual General Appropriation Acts during 2003-2006, PDEA has 
been unable to develop its capabilities as required by RA 9165: PDEA is still an 
organization with few organic personnel, as most of PDEAs personnel are on detail 
status from the PNP and other agencies, and their detail will end in July 2007; PDEA is 
able to establish only one Forensic Laboratory in its Headquarters in Quezon City, 
although the law require it to establish one forensic laboratory in each provincial PNP 
office. There is still no established permanent location for the PDEA Academy. 
Furthermore, experience tells us that there is need to introduce amendments to 
Sections 3(h), 3(j), 3(r), 4, 8, 11, 20, 21, 22, 26, 30, 33, 78, 79, 80, 82, 84(m). 84(0), 85, 
86, 87, 93, 101, and ARTICLE Vlll including Sections 54, 55, 56, 57, 58, 59, 60, 61, 62, 
63, 64, 72, 73, 74, 75, and 76 as well as to introduce additional Sections 3(11), 3(mm), 
3(nn), 3(00), 3(pp), and 3(qq), 11-A, 12-A, and 84(s) for reasons stated accordingly as 
follows: 
traditional defense and security threat in the region by many countries. 
In view of the foregoing, early passage of this bill is earnestly requested. 
SenatoY 


, ., 
*, , ’, 
I, 
FOURTEENTH CONGRESS OF THE REPUBLIC ) 
.. 
First Regular Session 
1 
,, ’ 
OF THE PHILIPPINES 
1 
9 ,’A -3 p 3  :2: 
Introduced by Senator Biazon 
AN ACT 
AMENDING CERTAIN PROVISIONS OF REPUBLIC ACT 91 65 OTHERWISE 
KNOWN AS THE COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress Assembled: 
SECTION 1. Section 3(h) of Republic Act No. 9165 is hereby amended to read 
“SEC. 3 (h). Controlled Precursors and Essential Chemicals. - Include 
those listed in Tables I 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. IT ALSO INCLUDES CHEMICALS, 
WHICH ARE HEREINAFTER ADDED TO THE LIST OF CONTROLLED 
PRECURSORS, AND ESSENTIAL CHEMICALS PURSUANT TO SECTION 93 
OF THIS ACT.” 
SEC. 2. Section 3 (j) is hereby amended to read as follows: 
as follows: 
“SEC. 3 (j). Dangerous Drugs. - Include those listed in the Schedules 
annexed to the 1961 Single Convention on Narcotic Drugs, as amended by the 
1972 Protocol, and in the Schedules annexed to the 1971 Single Convention on 
Psychotropic Substances as enumerated in the attached annex, which is an 
integral part of this Act. IT ALSO INCLUDES DRUGS, WHICH ARE 
HEREINAFTER ADDED TO THE LIST OF DANGEROUS DRUGS PURSUANT 
TO SECTION 93 OF THIS ACT.” 
SEC. 3. Section 3 (r) is hereby amended to read as follows: 
“SEC. 3 (r). //legal Trafficking. - The illegal cultivation, culture, delivery, 
administration, dispensation, 
manufacture, sale, 
trading, transportation, 
distribution, importation, exportation, Chemical Diversion, and possession of 
any dangerous drug andlor controlled precursor and essential chemical FOR 
THE PURPOSE OR WITH INTENTION OF ENGAGING IN, OR KNOWING 
THAT THEY ARE BEING OR ARE TO BE USED IN OR FOR ANY OF SUCH 
ACTIVITIES PREVIOUSLY ENUMERATED,” 
1/15 


SEC. 4. A new Section 3 (11) shall be inserted after Section 3 (kk) which shall 
read as follows: 
“SEC. 
3 (LL). CHEMICAL DEPENDENCE. - A CONDITION OF MENTAL 
OR MENTAL AND PHYSICAL DEPENDENCE ON A CONTROLLED 
PRECURSORS AND ESSENTIAL CHEMICAL OR VOLATILE SUBSTANCE 
WITH CENTRAL NERVOUS EFFECT, WHICH IS CHARACTERIZED BY THE 
PERIODIC OR CONSTANTLY REPEATED CONSUMPTION OF THIS 
SUBSTANCE AND WHOSE CHARACTERISTICS VARY DEPENDING UPON 
KIND OF THE TAKEN CONTROLLED PRECURSORS AND ESSENTIAL 
CHEMICAL.” 
SEC. 5. A new Section 3 (mm) shall be inserted after Section 3 (11) which shall 
read as follows: 
“SEC. 3 (MM). “DRUG”. - MEANS: (1) ARTICLES RECOGNIZED IN 
THE 
OFFICIAL 
UNITED 
STATES 
PHARMACOPOEIA, 
OFFICIAL 
HOMEOPATHIC PHARMACOPOEIA OF THE UNITED STATES, OR OFFICIAL 
NATIONAL FORMULARY, OR ANY SUPPLEMENT TO ANY OF THEM; AND 
(2) ARTICLES INTENDED FOR USE IN THE DIAGNOSIS, CURE, 
MITIGATION, TREATMENT, OR PREVENTION OF DISEASE IN MAN OR 
OTHER ANIMALS; AND (3) ARTICLES (OTHER THAN FOOD) INTENDED TO 
AFFECT THE STRUCTURE OR ANY FUNCTION OF THE BODY OF MAN OR 
ANIMALS; AND (4) ARTICLES INTENDED FOR USE AS A COMPONENT OF 
ANY ARTICLES SPECIFIED IN CLAUSES (I), 
(2), OR (3), BUT NOT INCLUDE 
DEVICES OR THEIR COMPONENTS, PARTS, OR ACCESSORIES.” 
SEC. 6. A new Section 3 (nn) shall be inserted after Section 3 (mm) which shall 
read as follows: 
“SEC. 3 (NN). ”PROPERTY”. - MEANS: (A) ANY PROPERTY, SITE, 
SURROUNDING A STRUCTURE; AND (B) INCLUDES SINGLE-FAMILY 
STRUCTURE, 
PART 
OF 
A 
STRUCTURE, 
OR 
THE 
GROUNDS, 
RESIDENCES, OUTBUILDINGS, GARAGES, UNITS OF MULTIPLEXES, 
CONDOMINIUMS, APARTMENT BUILDINGS, WAREHOUSES, HOTELS, 
MOTELS, BOATS, MOTOR VEHICLES, TRAILERS, MANUFACTURED 
HOUSING, SHOPS, OR BOOTHS.” 
SEC. 7. A new Section 3 (00) shall be inserted after Section 3 (nn) which shall 
read as follows: 
“SEC. 
3 (00). 
“PROPERLY DISPOSED” MEANS TO DISCARD AT A 
LICENSED OR AUTHORIZED FACILITY IN ACCORDANCE WITH ALL 
APPLICABLE LAWS AND REGULATIONS, AND NOT REUSED OR SOLD.” 
SEC. 8. A new Section 3 (pp) shall be inserted after Section 3 (00) which shall 
read as follows 
“SEC. 
3 (PP). ”OWNER OF RECORD” MEANS (A) THE OWNER OF 
PROPERTY AS SHOWN ON THE RECORDS OF THE REGISTER OF DEEDS 
IN THE CITY OR PROVINCE WHERE THE PROPERTY IS LOCATED; AND (B) 
MAY INCLUDE AN INDIVIDUAL, FINANCIAL INSTITUTION, COMPANY, 
CORPORATION, OR OTHER ENTITY. 
2/15 


SEC. 9. A new Section 3 (qq) shall be inserted after Section 3 (pp) which shall 
read as follows: 
"SECTION 3 (QQ). "WASTE" MEANS REFUSE, GARBAGE, OR OTHER 
DISCARDED MATERIAL, EITHER SOLID OR LIQUID. 
SEC. 10. Section 4 is hereby amended to read as follows: 
"SEC. 4. Importation AND/OR EXPORTATION of Dangerous Drugs 
and/or Controlled Precursors and Essential Chemicals. - The penalty of life 
imprisonment [to death] and a fine ranging from Five hundred thousand pesos 
(P500, 000.00) to Ten million pesos shall be imposed upon any person, who, 
unless authorized by law, shall import or bring into OR EXPORT FROM the 
Philippines any dangerous drugs, regardless of the quantity and purity involved, 
including any or all species of opium poppy or any part thereof or substances 
derived therefrom even for floral, decorative and culinary purposes. 
The penalty of imprisonment ranging from twelve (12) years and one (1) 
day to twenty (20) years and a fine ranging from One hundred thousand pesos 
(PIOO, 000.00) to Five hundred thousand pesos (P500, 000.00) shall be imposed 
upon any person, who, unless authorized by law, shall import AND/OR EXPORT 
any controlled precursor and essential chemical. 
The maximum penalty provided for under this Section shall be imposed 
upon any person, who unless authorized under this Act, shall import or bring into 
OR EXPORT FROM the Philippines any dangerous drug andlor controlled 
precursor and essential chemical through the use of a diplomatic passport, 
diplomatic facilities or any other means involving hislor her official status 
intended to facilitate the unlawful entry of the same. In addition, the diplomatic 
passport shall be confiscated and cancelled." 
x - x - x.I' 
SEC. 11. Section 8 is hereby amended to read as follows: 
"SECTION 8. Manufacture of Dangerous Drugs and/or Controlled 
Precursors and Essential Chemicals. 
x x x  
THE OFFENDER OR LESSER OF THE PROPERTY OR OWNER OF 
RECORD SHALL BE HELD LIABLE TO PAY THE COST OF CLEAN UP OF 
THE CLANDESTINE LABORATORY ON THE PROPERTY, UNLESS THE 
LESSOR OF THE PROPERTY OR OWNER OF RECORD CAN EACH PROVE 
LACK OF KNOWLEDGE OF SUCH CLANDESTINE MANUFACTURE. 
IN ANY SELLING OR HIRING OF PROPERTY, IT SHALL BE THE 
DUTY 
OF 
THE 
OWNER 
OF 
RECORD 
OR 
HIS 
AUTHORIZED 
REPRESENTATIVE TO DISCLOSE ACTUAL KNOWLEDGE OF PRIOR USE 
OF THE PROPERTY AS A CLANDESTINE LABORATORY TO THE BUYER 
OR LESSEE. THE LESSEE SHALL DISCLOSE TO THE BUYER THAT THE 
PROPERTY BEING LEASED WILL 
NOT BE USED FOR ILLICIT 
MANUFACTURE OF DRUGS AND CHEMICALS IN VIOLATION OF THIS 
ACT." 
3/15 


SEC. 12. Section 11 is hereby amended by inserting an additional Section 1 l(4) 
to read as follows: 
“SECTION 11. Possession of Dangerous Drugs. 
x x x. 
4) IMPRISONMENT OF SIX (6) YEARS AND ONE (1) DAY TO TWELVE 
(12) YEARS AND A FINE RANGING FROM FIFTY THOUSAND PESOS (P50, 
000.00) TO TWO HUNDRED THOUSAND 
(P200, 
OOO.OO), 
IF THE 
QUANTITIES OF DANGEROUS DRUGS ARE LESS THAN TWO (2) GRAMS 
OF 
OPIUM, 
MORPHINE, 
HEROIN, 
COCAINE 
OR 
COCAINE 
HYDROCHLORIDE, MARIJUANA RESIN OR MARIJUANA RESIN OIL, 
METHAMPHETAMINE HYDROCHLORIDE OR 
“SHABU” 
OR 
OTHER 
DANGEROUS 
DRUGS 
SUCH 
AS 
BUT 
NOT 
LIMITED 
TO 
METHYLENEDOXYMETAMPHETAMINE 
(MDMA) 
OR 
“ECSTASY”, 
PARAMETHOXYAMPHETAMINE 
(PMA), 
TRIMETHOXYAMPHETAMINE 
(TMA), 
LYSERGIC 
ACID 
DIETHYLAMINE 
(LSD), 
GAMMA 
HYDROXYBUTYRATE (GHB), AND THOSE SIMILARLY DESIGNED OR 
NEWLY INTRODUCED DRUGS AND THEIR DERIVATIVES, WITHOUT 
HAVING ANY THERAPEUTIC REQUIREMENTS, OR LESS THAN FIFTY (50) 
GRAMS OF MARIJUANA.” 
SEC. 13. A new Section shall be inserted after Section 11 which shall read as 
follows: 
“SECTION 1 I-A. POSSESSION OF CONTROLLED PRECURSORS 
AND ESSENTIAL CHEMICALS. - THE PENALTY OF IMPRISONMENT 
RANGING FROM TWELVE (12) YEARS AND ONE (1) DAY TO TWENTY (20) 
YEARS AND FINE RANGING FROM ONE HUNDRED THOUSAND PESOS 
(PIOO, 000.00) TO FIVE HUNDRED THOUSAND PESOS (P500, 000.00) 
SHALL BE IMPOSED UPON ANY PERSON, WHO, UNLESS AUTHORIZED 
BY LAW, SHALL POSSESS WITH INTENT TO DELIVER OR HAVE UNDER 
HlSlHER CONTROL CONTROLLED PRECURSORS AND ESSENTIAL 
CHEMICALS, KNOWING, OR UNDER CIRCUMSTANCES WHERE ONE 
REASONABLY 
SHOULD KNOW THAT 
IT WILL 
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 PRESCRIBED IN 
THIS SECTION.” 
SEC. 14. A new Section shall be inserted after Section 12 which shall read as 
follows: 
“SECTION 12 - A. POSSESSlON OF LABORATORY EQUIPMENT, 
CONTROLLED PRECURSOR AND ESSENTIAL CHEMICALS. - THE 
FOR THE ILLICIT MANUFACTURE OF DANGEROUS DRUGS AND 
PENALTY OF IMPRISONMENT RANGING FROM TWELVE (12) YEARS AND 
ONE (1) DAY TO TWENTY (20) YEARS AND FINE RANGING FROM ONE 
HUNDRED THOUSAND PESOS (PIOO, 000.00) TO FIVE HUNDRED 
THOUSAND PESOS (P500, 000.00) SHALL BE IMPOSED UPON ANY 
PERSON, WHO UNLESS AUTHORIZED BY LAW, SHALL POSSESS OR 
HAVE UNDER HlSlHER CONTROL ITEMS OF LABORATORY EQUIPMENT, 
SUCH AS, BUT NOT LIMITED TO, REACTION VESSEL, ENCAPSULATING 


MACHINES, 
TABLETING 
MACHINES, 
ROTARY 
EVAPORATORS, 
LABORATORY EQUIPMENT WITH A CAPACITY FOR LARGE VOLUME 
PRODUCTION (E.G., ROUND BOTTOM FLASKS OF 25 LITRES OR ABOVE 
AND RELATED CONDENSERS, SEPARATING FUNNELS AND HEATING 
APPARATUS) KNOWING, OR UNDER CIRCUMSTANCES WHERE ONE 
REASONABLY SHOULD KNOW THAT IT WILL BE USED FOR ILLEGAL 
MANUFACTURE OF 
DANGEROUS DRUGS AND/OR 
CONTROLLED 
PRECURSORS AND ESSENTIAL CHEMICALS IN VIOLATION OF THIS ACT. 
THE DANGEROUS DRUGS BOARD, SHALL BY REGULATION, LIST SUCH 
INDISPENSABLE ITEMS OF EQUIPMENT PECULIAR TO SUCH ILLEGAL 
MANUFACTURE. 
THE UNAUTHORIZED POSSESSION OF SUCH INDISPENSABLE 
ITEMS OF EQUIPMENT, INSTRUMENT AND APPARATUS SHALL BE PR/MA 
FACIE 
EVIDENCE 
THAT 
THE 
POSSESSOR 
HAS 
ILLEGALLY 
MANUFACTURED OR INTENDS TO MANUFACTURE DANGEROUS DRUGS 
OR CONTROLLED PRECURSORS AND ESSENTIAL CHEMICALS.” 
SEC. 15. Section 15 is hereby amended to read as follows: 
“SEC. 15. Use of Dangerous Drugs AND CONTROLLED PRECURSORS 
AND ESSENTIAL CHEMICALS. - A person apprehended or arrested, who is 
found to be positive for use of any dangerous drug OR CONTROLLED 
PRECURSOR AND ESSENTIAL CHEMICAL AND A DEPENDENT, after a 
confirmatory test, AND A DEPENDENT AFTER DEPENDENCY EXAMINATION, 
shall be imposed a penalty of a minimum of six (6) months TREATMENT AND 
rehabilitation in a government center AND AFTER CARE for the first offense, 
subject to the provisions of Article Vlll of this Act. If not a dependent, he/she shall 
suffer the PENALTY OF IMPRISONMENT RANGING FROM SIX (6) MONTHS 
AND ONE (1) DAY TO SIX (6) YEARS IMPRISONMENT AND FINE OF FROM 
TEN THOUSAND PESOS (PIO, 000.00) TO FIFTY THOUSAND PESOS (P50, 
000.00). 
If apprehended using any dangerous drug OR CONTROLLED 
PRECURSOR AND ESSENTIAL CHEMICAL, for the second time he/she shall 
suffer the penalty of imprisonment ranging from six (6) years and one (1) day to 
twelve years imprisonment and fine from Fifty thousand pesos (P50, 000.00) to 
Two hundred thousand pesos (P200, 000.00). Provided, That this Section shall 
not be applicable where the person tested is also found to have in hidher 
possession such quantity of any dangerous drugs provided for under Section 11 
AND OF ANY CONTROLLED PRECURSORS AND ESSENTIAL CHEMICALS 
UNDER SECTION 11-A of this Act, in which case the provisions stated therein 
shall apply. 
SEC. 16. Sections 21(2) and 21(4) are hereby amended to read as follows: 
“SEC. 21. Custody and Disposition of Confiscated, Seized, and/or 
Surrendered Dangerous Drugs, Plant Sources of Dangerous Drugs, Controlled 
Precursors 
and Essential Chemicals, 
Instruments/paraphernalia and/or 
Laboratory Equipment. 
x x x  
2) Within twenty-four (hours) upon confiscationlseizure of dangerous 
drugs, plant sources of dangerous drugs, controlled precursors and 
essential chemicals, as well as instrumentslparaphernalia and/or laboratory 
equipment, the same shall be submitted to the PDEA Forensic laboratory for a 
qualitative and quantitative examination. 
5/15 


WHERE A SEIZURE OF ILLICIT LABORATORY IS MADE, THE PDEA, 
SHALL PROPERLY DISPOSED WITHIN REASONABLE TIME, CHEMICALS 
WHICH ARE NOT LISTED AS CONTROLLED PRECURSORS AND 
ESSENTIAL CHEMICALS, REMAINING UNIDENTIFIED LIQUID OR SOLID 
CHEMICALS IN UNLABELED 
CONTAINERS AND/OR 
IN OPENED 
CONTAINERS THAT CANNOT BE RESEALED, AND WASTES, WHICH ARE 
NOT NEEDED AS EVIDENCE IN THE INVESTIGATION OR PROSECUTION 
OF THE CASE: PROVIDED, THAT SUCH ITEMS OF CHEMICALS AND 
WASTE SHALL BE SEPARATELY PHOTOGRAPHED AND INVENTORIED.” 
x x x  
4) After the filing of the criminal case, the Court shall, within seventy two 
(72) hours, conduct an ocular inspection of the confiscated, seized andlor 
surrendered dangerous drugs, plant sources of dangerous drugs, and controlled 
precursors and essential chemicals, including the instrumentslparaphernalia 
andlor 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 personls from whom such items were confiscated 
andlor seized, or his representative or counsel, a representative from the media 
and the Department of Justice, civil society groups and any elected public official. 
THE PROPERTY ON WHICH THE CLANDESTINE MANUFACTURE OF 
DRUGS 
AND/OR 
CONTROLLED 
PRECURSORS 
AND 
ESSENTIAL 
CHEMICALS WAS SEIZED SHALL BE CLEANED UP UNDER THE 
SUPERVISION 
OF 
THE 
BOARD, 
IN COOPERATION 
WITH 
THE 
DEPARTMENT OF HEALTH, DEPARTMENT OF ENVIRONMENT AND 
NATURAL RESOURCES AND LOCAL GOVERNMENT UNIT. The Board shall 
draw up guidelines on the manner of proper disposition and destruction of such 
items, INCLUDING CLEAN UP OF CLANDESTINE LABORATORY, which shall 
be borne by the offender OR IN THE CASE OF CLEAN UP OF CLANDESTINE 
LABORATORY, THE LESSOR OF THE PROPERTY OR OWNER OF RECORD 
SHALL ALSO BEAR THE COST, UNLESS THE LESSOR OF THE PROPERTY 
OROWNEROF RECORDCAN EACH PROVELACKOFKNOWLEDGEOF 
SUCH CLANDESTINE MANUFACTURE. Provided, that a representative sample 
duty weighed and recorded is retained.” 
SEC. 17. Section 22 is hereby amended to read as follows: 
“SEC. 
22. Grant of Compensation, Reward and Award. - The Board shall 
recommend to the concerned government agency the grant of compensation, 
reward and award to any person providing information and to law enforcers 
participating in the operation, which results in the successful confiscation, seizure 
or surrender of dangerous drugs, plant sources of dangerous drugs, and 
controlled precursors 
and 
essential 
chemicals 
AND 
LABORATORY 
EQUIPMENT: PROVIDED, HOWEVER, THAT THE COMPUTATION OF 
MONETARY REWARD SHALL BE BASED ON 100 PER CENT PURITY OF 
THE DANGEROUS DRUGS, OR CONTROLLED PRECURSORS AND 
ESSENTIAL CHEMICALS: PROVIDED FURTHER, THAT QUANTITATIVE 
AND QUALITATIVE EXAMINATIONS ARE CONDUCTED BY THE FORENSIC 
LABORATORY EXAMINER WITHIN TWENTY (24) HOURS AFTER RECEIPT 
OF SEIZED ITEMS: PROVIDED, FINALLY, THAT OFFENDERS ARE 
IDENTIFIED OR APPREHENDED AND/OR CHARGED IN COURT.” 
6/15 


SEC. 18. Section 26, is hereby amended to read as follows: 
"SECTION 26. Attempt and Conspiracy. - Any attempt or conspiracy to 
commit the following unlawful acts shall be penalized by the same penalty 
prescribed for the commission of the same as provided under this Act: 
x x x  
F) CHEMICAL DIVERSION." 
SEC. 19. Section 33 is hereby amended to read as follows: 
"SECTION 33. 
Immunity from Prosecution and Punishment. - 
Notwithstanding the provisions of Section 17, Rule 119 of the Revised Rules on 
Criminal Procedure and the provisions of Republic Act No. 6981 or the Witness 
Protection Security and Benefit Act of 1991, any person who has violated 
Sections 7, [Ill, 11(3), 11 (4), 11-A,-12, 12A, 14 AND 15 [and 191, Article II of 
this Act, who voluntarily gives information about any violation of Sections 4, 5, 6, 
8, 10, 13 and 16, Article II of this Act as well as any violation of the offenses 
mentioned if committed by a drug syndicate, or any information leading to the 
whereabouts, identities and arrest of all OR [ofl 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 
hidher information of testimony were given, and may plead or prove the giving of 
such information and testimony in bar of such prosecution: Provided, That the 
following conditions concur: 
1. The information and testimony are necessary for the convictions of the 
persons described above; 
2. Such information and testimony are not yet in the possession of the 
State; 
3. Such information and testimony can be corroborated on its material 
point; 
4. The informant or witness has not been previously convicted of a crime 
involving moral turpitude, except when there is no other direct 
evidence available for the State other than the information and 
testimony of said informant or witness; and, 
5. The informant or witness shall strictly and faithfully comply without 
delay, or any condition or undertaking, reduced into writing, lawfully 
imposed by the State as further consideration for the grant of immunity 
from prosecution and punishment. 
x x x." 
SEC. 20. Section 51 is hereby amended to read as follows: 
"SECTION 51. Local Government Units' PROGRAMS AND Assistance. - 
Local government units shall UNDERTAKE LOCAL DRUG AND CHEMICAL 
PREVENTION AND CONTROL PROGRAMS IN COOPERATION AND 
COORDINATION WITH THE BOARD AND ITS MEMBER DEPARTMENTS 
AND NON-GOVERNMENTAL ORGANIZATIONS. THEY SHALL appropriate a 
substantial portion of their respective annual budgets to assist in or enhance the 
711 5 


enforcement of this Act giving priority to preventive or educational programs and 
the rehabilitation or treatment of drug AND/OR CHEMICAL dependents." 
SEC. 21. The Title of Article Vlll and Sections 54, 55, 56, 57, 58, 59, 60, 61, 62, 
63, 64, 68, 72, 73, 74, 75 and 76 of the same Article are hereby amended by deleting 
the words "drug dependent" wherever they appear and replacing them with the words 
"DRUG AND/OR CHEMICAL DEPENDENT". 
SEC. 22. Section 78 is hereby amended to read as follows: 
"SECTION 78. Composition of the Board. - The Board shall be composed 
of [seventeen (17)] TWENTY (20) members wherein three (3) of which are 
permanent members, the other [twelve (12)] FIFTEEN (15) members shall be in 
an ex-officio capacity and the two (2) shall be regular members. 
The three (3) permanent members, who shall possess at least seven- 
year training and experience in the field of dangerous drugs and any of the 
following fields, in law, medicine, criminology, psychology or social work, who 
shall be appointed by the President of the Philippines. The President shall 
designate a Chairman, who shall have the rank of a Secretary from among the 
three (3) permanent members who shall serve for six (6) years. Of the two (2) 
other members, who shall have the rank of undersecretary, one (1) shall serve 
for four (4) years and other for two (2) years. Thereafter, the persons appointed 
to succeed such members shall hold office for a term of six (6) years and until 
their successors shall have been duly appointed and qualified. 
The other [twelve (12)] FIFTEEN (15)-members who shall be ex-officio 
members of the Board are the following: 
Secretary of the Department of Justice or hidher authorized 
representative; 
Secretary of the Department of Health or hislher authorized 
representative; 
Secretary of the Department of national Defense or hidher authorized 
representative: 
Secretary of the Department of Finance or hidher authorized 
representative; 
Secretary of the Department of Labor and Employment or hislher 
authorized representative; 
Secretary of the Department of Interior and Local Government or 
hislher authorized representative; 
Secretary of the Department of Social Welfare and Development or 
hislher authorized representative; 
Secretary of the Department of Foreign Affairs or hislher authorized 
representative; 
Secretary of the Department of Education or hislher authorized 
representative; 
8/15 


10) SECRETARY OF THE DEPARTMENT OF TRANSPORTATION AND 
COMMUNICATION OR HlSlHER AUTHORIZED REPRESENTATIVE; 
1l)SECRETARY OF 
THE 
DEPARTMENT OF 
BUDGET AND 
MANAGEMENT OR HlSlHER AUTHORIZED REPRESENTATIVE; 
12)Chairman of the Commission on Higher Education or hidher 
representative; 
13) Chairman of the National Youth Commission or hidher representative; 
14) Director General of the Philippine Drug Enforcement Agency or hislher 
'15) EXECUTIVE DIRECTOR OF THE DANGEROUS DRUGS BOARD; 
[Cabinet Secretaries who are members of the Board] EX-OFFICIO 
members of the Board, except the Executive Director of the Board may designate 
their duly authorized and permanent representatives whose ranks shall in no 
case be lower than [undersecretary] ASSISTANT SECRETARY. THE 
EXECUTIVE DIRECTOR OF THE BOARD SHALL HAVE NO VOTING RIGHTS 
ON ISSUES BEFORE THE BOARD. 
representative; 
The two (2) regular members shall be as follows: 
(a) The President of the Integrated Bar of the Philippines or 
AUTHORIZED REPRESENTATIVE; and, 
(b) The chairman or president of a non-government organization 
HlSlHER 
involved in dangerous drug campaign to be appointed by the 
President of the Philippines. 
The Director of the NBI and the Chief of the PNP shall be the [permanent] 
€X-OFFICIO consultants of the Board, and [shall] MAY attend all the meetings of 
the Board. 
THE BOARD MAY ENGAGE THE SERVICES OF CONSULTANTS WHO 
ARE DEEMED EXPERTS IN DRUG ABUSE AND CONTROL POLICIES, 
STRATEGIES AND PROGRAMS, RESEARCH, AND INTERNATIONAL DRUG 
CONVENTIONS, SUBJECT TO THE PERTINENT BUDGETARY LAWS, 
RULES AND REGULATIONS ON COMPENSATION, HONORARIA AND 
ALLOWANCES. 
All members of the Board as well as its [permanent] EX-OFFICIO 
consultants shall receive a per diem for every meeting actually attended subject 
to the pertinent budgetary laws, rules and regulations on compensation, 
honoraria and allowances: Provided, That where the representative of an ex- 
officio member or [permanent] consultant attends a meeting in behalf of the 
latter, such PERMANENT representatives shall be entitled to receive the per 
diem. " 
SEC. 23. Section 79 is hereby amended to read as follows: 
"SECTION 79. Meetings of the Board. - The Board shall meet once a 
[week] MONTH or as often as necessary at the call of the [discretion of the] 
Chairman or any four (4) other members. The presence of [nine (9)] ELEVEN 
(11) members shall constitute a quorum." 
911 5 


SEC 24. Republic Act No. 9165 Sec. 80 is hereby amended to read as follows: 
“SECTION 80. Secretariat of the Board. 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 [divisions] SERVICES: Policy Studies, Research and Statistics; 
Preventive Education, Training and Information; Legal Affairs; and the 
Administrative and Financial Management.” 
SEC 25. Section 82, is hereby amended to read as follows: 
“SECTION 82. Creation of fhe Philippine Drug Enforcement Agency, - 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 himlher. He must possess adequate knowledge, training 
and experience in the field of dangerous drugs AND CONTROLLED 
PRECURSORS AND ESSENTIAL CHEMICALS CONTROL. and in anv of the 
following fields: law enforcement, criminology, CRIMINAL POLICING, iEGAL 
AND PROSECUTION, CRIMINOLOGY, AND INTELLIGENCE AND SECURITY 
ADMINISTRATION. [law, medicine, psychology or social work]. HE MUST 
ALSO POSSESS A POSTGRADUATE DEGREE, AND CAREER EXECUTIVE 
SERVICE ELIGIBILITY. 
The Director General of the PDEA shall be assisted in the performance of 
hislher duties and responsibilities by two (2) deputies director general with the 
rank of Assistant Secretary: one for Operations and the other one for 
Administration. The two deputies director general shall likewise be appointed by 
the President of the Philippines upon recommendation OF THE DIRECTOR 
GENERAL OF THE PDEA and CONCURRENCE of the Board. The two (2) 
deputies director general shall possess the same qualifications as those of the 
Director General of the PDEA. The Director General and the two (2) deputies 
director general shall receive the compensation and salaries as prescribed by 
law. 
HAZARD PAY EQUIVALENT TO TWENTY FIVE (25) PER CENT OF 
MONTHLY SALARY SHALL BE GRANTED TO OFFICIALS, AGENTS, 
INVESTIGATORS AND OTHER PERSONNEL OF THE PDEA WHOSE 
GEOGRAPHICAL ASSIGNMENT OR FUNCTIONAL MISSION EXPOSE THEM 
TO GREAT DANGER OR RISKS, SUBJECT TO ACCOUNTING AND 
AUDITING REQUIREMENTS. 
SEC. 26. Sections 84 (m) and (0) are hereby amended to read as follows: 
SECTION 84. Powers and Duties of the PDEA 
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 relative to dangerous drugs AND 
10/15 


CONTROLLED PRECURSORS AND ESSENTIAL CHEMICALS to which the 
Philippines is a signatory; 
x x  x 
0) [Require all government and private hospitals, clinics, doctors, dentists 
and other practitioners to submit a report to it, in coordination with the Board, 
about all dangerous drugs andlor controlled precursors and essential chemicals 
which they have attended to for data and information purposes]. CONDUCT 
REGULATORY COMPLIANCE INSPECTION AND DANGEROUS DRUG AND 
CONTROLLED PRECURSOR DIVERSION CONTROL PROGRAM AND 
INVESTIGATION: 
x
x
x
 
s) DEPUTIZE, AS PDEA AGENT, QUALIFIED PERSONNEL ANDIOR 
UNITS OF OTHER DEPARTMENT BUREAU, OFFICE, AGENCY, OR LOCAL 
GOVERNMENT 
UNITS 
TO 
ASSIST 
IN 
A 
MORE 
RESOLUTE 
IMPLEMENTATION OF THIS ACT. 
SEC. 27. Section 85 is hereby amended to read as follows: 
“SECTION 85. PDEA Academy. - Upon approval of the Board, the PDEA 
Academy shall be established either in Baguio or Tagaytay City and in such other 
places as may be necessary: PROVIDED, THAT UNTIL SUCH TIME THAT A 
FUNCTIONAL PDEA ACADEMY IS ESTABLISHED, PDEA IS AUTHORIZED 
TO CONDUCT ITS TRAINING IN ANY EXISTING TRAINING ACADEMY OR 
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.” 
SEC. 28. Section 86 is hereby amended by inserting a paragraph after the 
second paragraph to read as follows: 
“SECTION 86. Transfer, Absorption, and Integration of All Operafing Units 
on Illegal Drugs into the PDEA and Transitory Provisions. - “ x x x 
The transfer, absorption and integration of the different offices and units 
provided for in this Section shall take effect within eighteen (18) months from 
effectivity of this Act: Provided, That personnel absorbed and on detail service 
shall be given until five (5) years to finally decide to join the PDEA. 
HEADS OF PHILIPPINE NATIONAL POLICE, NATIONAL BUREAU OF 
INVESTIGATION, BUREAU OF CUSTOMS, ARMED FORCES OF THE 
PHILIPPINES OR OTHER GOVERNMENT AGENCIES AND 
LOCAL 
GOVERNMENT UNITS PERFORMING LAW ENFORCEMENT FUNCTIONS OR 
MISSIONS ARE AUTHORIZED TO CONTINUE PLACEMENT OF THEIR 
PERSONNEL ON DETAIL SERVICE WITH PDEA UPON REQUEST OF DG 
PDEA FOR A PERIOD NOT EXCEEDING FIVE YEARS: PROVIDED, THAT 
DETAIL SERVICE WITH PDEA SHALL BE CONSIDERED AS CAREER 
SERVICE CONNECTED: PROV/D€D FURTHER THAT AUTHORIZATION FOR 
THE DETAIL SERVICE FROM OTHER AGENCIES TO PDEA SHALL CEASE 
WHEN PDEA IS ABLE TO PROCURE A MINIMUM OF THREE THOUSAND 
(3,000) ORGANIC PDEA AGENTS: PROVIDED FINALLY, THAT PERSONNEL 
ON DETAIL SHALL BE GIVEN THE OPTION TO JOIN THE PDEA, SUBJECT 
11/15 


TO PERTINENT LAWS, RULES AND REGULATION, AND QUALIFICATION 
REQUIREMENTS OF THE PDEA.” 
SEC. 29. Section 87 is hereby amended to read as follows: 
“SECTION 87. Appropriations 
x x x  
All receipts derived from fines, fees and other income authorized and 
imposed in this At, including ten percent (10%) of all unclaimed and forfeited 
sweepstakes and lotto prizes but less than twelve million pesos (P12, 
000,000.00) per year from the Philippine Charity Sweepstakes Office (PCSO), 
are hereby constituted as a special account in the general fund for the 
implementation of this Act: Provided, That, EXCEPT AS PROVIDED 
OTHERWISE ELSEWHERE IN THIS SECTION, no amount shall be disbursed to 
cover operating expenses of the Board and other concerned agencies: 
PROVIDED HOWEVER, THAT PDEA SHALL RETAIN THE TOTAL 
COLLECTION FOR DRUGS AND CHEMICAL FEES AND CHARGES TO 
FUND THE 
COMPLIANCE AND 
CHEMICAL DIVERSION CONTROL 
PROGRAM, PDEA ACADEMY DEVELOPMENT PROGRAM, AND FORENSIC 
LABORATORY DEVELOPMENT PROGRAM OTHER THAN WHAT IS 
PROVIDED FOR IN THE GENERAL APPROPRIATIONS ACT.: Provided 
further, That at least fifty percent (50%) of all the funds, EXCEPT FEES AND 
CHARGES COLLECTED BY PDEA, shall be reserved for assistance to 
government-owned andlor operated rehabilitation center.” 
SEC. 30. Section 93 is hereby amended to read as follows: 
“SECTION 93. Reclassification, Addition or Removal of Any Drug AND 
CHEMICAL from the Lists of Dangerous Drugs OR CONTROLLED 
PRECURSORS AND ESSENTIAL CHEMICALS. - The Board shall have the 
power to reclassify, add to or remove from the lists of dangerous drugs AND 
CONTROLLED PRECURSORS AND ESSENTIAL CHEMICALS: PROVIDED, 
THAT THE BOARD SHALL ONLY REMOVE FROM SUCH LISTS, ANY OF 
THE DANGEROUS DRUGS OR CONTROLLED PRECURSORS AND 
ESSENTIAL CHEMICALS THAT IT HAD ADDED, BY REGULATION, BUT 
NOT LISTED IN THE SCHEDULES UNDER INTERNATIONAL CONTROL SET 
BY THE 1961 SINGLE CONVENTION ON NARCOTIC DRUGS AS AMENDED 
BY THE 1972 PROTOCOL, 1971 CONVENTION ON PSYCHOTROPIC 
SUBSTANCES AND 1988 CONVENTION AGAINST ILLICIT TRAFFIC IN 
NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES. THE BOARD 
SHALL ALSO HAVE THE POWER TO EXEMPT ANY DANGEROUS DRUG 
PREPARATION AND ANY DRUG OR CHEMICAL PREPARATION OR 
MIXTURE OR PRODUCTS CONTAINING CONTROLLED PRECURSORS AND 
ESSENTIALS FROM ANY SPECIFIC PROVISION OF THE REGULATION 
UNDER THIS ACT: 
PROVIDED, THAT SUCH DANGEROUS DRUG 
PREPARATION 
OR 
ANY 
DRUG 
PREPARATION 
CONTAINING 
CONTROLLED PRECURSORS AND ESSENTIALS IS REGISTERED WITH 
THE BUREAU OF FOOD AND DRUGS AS A DRUG, AND PRODUCTS 
CONTAINING THE 
CONTROLLED PRECURSORS AND 
ESSENTIAL 
CHEMICALS ARE IN LEGITIMATE TRADE AND COMMERCE. Proceedings to 
reclassify, add, or remove a drug, or CHEMICAL or other substances, OR 
EXEMPT IT FROM ANY PRESCRIBED REGULATION may be initiated by the 
PDEA, the DOH, or by petition from any interested party, including the 
manufacturer of a drug OR OTHER SUBSTANCES OR CHEMICAL, a medical 
society or association, pharmacy association, chemical association, a public 
interest group concerned with drug OR CHEMICAL abuse, a national or local 
12/15 


government agency, or an individual citizen. When a petition is received by the 
Board, it shall immediately begin its own investigation of the drug OR 
CHEMICAL OR SUBSTANCE. The PDEA also may begin its own investigation 
of a drug OR CHEMICAL OR SUBSTANCE at any time based upon the 
information received from law enforcement laboratories, national and local law 
enforcement and regulatory agencies or other sources of information. 
The Board after notice and hearing shall consider the following factors 
with respect to each substance proposed to be reclassified, added or removed 
from control OR EXEMPTED FROM ANY PRESCRIBED REGULATORY 
CONTROL: 
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 OR 
d) Its EVIDENCE AND history of current pattern of abuse, ILLICIT 
CHEMICAL or other substance; 
TRAFFIC AND DIVERSION: 
e) The scope, duration, and significance of abuse, ILLICIT TRAFFIC 
AND DIVERSION; 
f) Risk to public health; 
g) Whether the substance is an immediate precursor of a substance 
already controlled under this Act; 
h) TOXICOLOGY, INCLUDING ADVERSE REACTIONS IN HUMANS; 
i) THERAPEUTIC OR INDUSTRIAL USE; 
j) WHETHER THE PREPARATION OR MIXTURE IS COMPOUNDED 
IN SUCH A WAY THAT IT PRESENTS NO, OR NEGLIGIBLE, RISK 
OF ABUSE OR DIVERSION AND THE SUBSTANCE CANNOT BE 
RECOVERED BY READILY APPLICABLE MEANS IN QUANTITY 
LIABLE TO ABUSE OR DIVERSION SO THAT THE PREPARATION 
OR MIXTURE DOES NOT GIVE RISE TO A PUBLIC HEALTH, 
SOCIAL OR LAW ENFORCEMENT PROBLEM; 
k) WHETHER THE DRUG OR GROUP OF DRUGS IS FORMULATED 
IN SUCH A WAY THAT IT CANNOT BE EASILY USED IN THE 
ILLICIT PRODUCTION OF A DANGEROUS DRUG: 
I) WHETHER THE CONTROLLED PRECURSOR AND ESSENTIAL 
CHEMICAL CAN BE READILY RECOVERED FROM THE DRUG OR 
GROUPS OF DRUGS OR CHEMICAL MIXTURE OR END PRODUCT 
CONTAINING THE CHEMICAL. 
The Board shall take into accord the obligations and commitments to 
international treaties, conventions and agreements to which the Philippines is a 
signatory. 
The Dangerous Drugs Board shall give notice to the general public of the 
public hearing of the reclassification, addition to or removal from the list of any 
13/15 


drug OR CHEMICAL OR SUBSTANCE OR EXEMPTION FROM ANY 
PRESCRIBED REGULATION by publishing such notice in any newspaper of 
general circulation once a week for two weeks AND/OR PROVIDING 
INTERESTED PARTIES WITH DUE NOTICES. THE BOARD SHALL 
LIKEWISE GIVE NOTICE TO THE GENERAL PUBLIC OF ITS DECISIONS BY 
PUBLISHING THE REGULATION IN ANY NEWSPAPER OF GENERAL 
CIRCULATION ONCE A WEEK FOR TWO WEEKS. 
The effect of such reclassification, addition or removal FROM THE LISTS 
OF DANGEROUS DRUGS AND CONTROLLED PRECURSORS AND 
ESSENTIAL CHEMICALS, OR EXEMPTION FROM ANY PRESCRIBED 
REGULATION shall be as follows: 
a) In case a dangerous drug is reclassified as a controlled precursors and 
essential chemicals, the penalties for the violations of this Act involving [the 
latter two categories of drugs] CONTROLLED PRECURSORS AND 
ESSENTIAL CHEMICALS shall in case of conviction, be imposed in all 
pending criminal cases; 
b) In case a controlled precursors and essential chemicals is reclassified as 
dangerous drug, the penalties for violation of this Act, involving controlled 
precursors and essential chemicals shall in case of conviction be imposed in 
all pending criminal cases; 
c) In case of the addition of a new drug or chemical to the list of dangerous drug 
[and] OR CONTROLLED precursors and essential chemicals, no criminal 
liability involving the same under this Act shall arise until after the lapse of 
fifteen (15) days from the last publication of such notice; 
d) In case of removal of a drug OR CHEMICAL from the list of dangerous drugs 
[and] OR controlled precursors and essential chemicals, all persons convicted 
and/or detained for use and/or possession of such a drug or chemical shall be 
automatically released and all pending criminal prosecution involving such a 
drug under this Act shall forthwith be dismissed; 
e) IN CASE OF EXEMPTION OF DRUG PREPARATIONS CONTAINING 
DANGEROUS DRUGS, OR CHEMICAL MIXTURE OR PREPARATION OR 
PRODUCT CONTAINING CONTROLLED PRECURSORS AND ESSENTIAL 
CHEMICALS FROM ANY SPECIFIC PROVISIONS OF IMPLEMENTING 
REGULATIONS, ALL PERSONS CONVICTED AND/OR DETAINED FOR 
VIOLATION OF THAT CORRESPONDING SPECIFIC REGULATION 
SHALL BE AUTOMATICALLY RELEASED AND ALL PENDING CRIMINAL 
PROSECUTION 
AND 
ADMINISTRATIVE 
PROCEEDINGS 
SHALL 
FORTHWITH BE DISMISSED. 
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 Or 
Chemical Or Other Substance from the lists of dangerous drugs OR 
CONTROLLED PRECURSORS AND ESSENTIAL CHEMICALS, AND 
EXEMPTIONS, 
BY 
REGULATIONS 
FROM 
ANY 
PRESCRIBED 
REGULATION UNDER THIS ACT.” 
SEC. 31. Section 101 is hereby amended to read as follows: 
PRESIDENTIAL DECREE 1619 [is] ARE hereby amended accordingly.” 
“SECTION 101. Amending Clause. - Republic Act No. 7659 AND 
14/15 


SEC. 32. Separability Clause. - If any provision or part hereof, is held invalid or 
unconstitutional, the remainder of the law or this provision not otherwise affected shall 
remain valid and subsisting. 
SEC. 33. Repealing Clause. - Any law, presidential decree or issuance, 
executive order, letter of instruction, administrative order, rule or regulation contrary to 
or inconsistent with the provisions of this Act is hereby repealed, modified or amended 
accordingly. 
SEC. 34. Effectivity Clause. -This Act shall take effect fifteen (15) days after its 
publication in at least two (2) newspaper of general circulation. 
Approved, 
15/15