FIFTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

House Bill No. 1408

EXPLANATORY NOTE

Drug abuse is a social malady that has caused untold misery and
suffering to users and their families. Measures that combat this evil should be
strictly implemented to protect the youth and rehabilitate those ensnared in the
hideous noose of drug addiction.

Drug users are, in one sense, law offenders. But in another sense, they
are also victims who are in need of treatment and understanding. These
contrasting personalities of drug users must be considered in the laws that
seek to address the problem of illegal drugs.

Section 15 of Republic Act No. 9165, otherwise as “The Comprehensive
Dangerous Drug Act of 2002,” provides that the penalty for a person caught the
first time using dangerous drugs is rehabilitation in a government center for a
minimum of six (6) months. The penalty for a person caught the second time
using dangerous drugs, however, is a lengthy prison term 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).

The penalty for drug users caught for the second time seems too harsh
considering that the mere use of dangerous drugs directly affects only the user
and not any other person compared to drug pushing which directly poses
hazards to others in the community.

Thus, even second time offenders for drug use should be given an
opportunity to reform and be rehabilitated outside a prison cell which could be
achieved through probation. But since the minimum term of imprisonment for
such offenders is six (6) years and one (1) day, they are disqualified to apply
for probation.

This bill seeks to allow a person caught for the second time using
dangerous drugs to avail of probation by lowering the imposable imprisonment
from six (6) years and one (1) day to twelve (12) years to six (6) months and
one (1) day to six (6) years, thereby qualifying them to apply for probation.


This legislative measure will provide convicted drug users a window for
reformation and rehabilitation outside prison while retaining the deterrent
effects of a severe prison term for dangerous drug use.

In view of the abovementioned considerations, passage of this bill is
eamestly encouraged.

RUFUS Wn
Ui

MAXIMO B. RODRIGUEZ, JR.


FIFTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES —)
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

House Bill No__1408

AN ACT
ALLOWING SECOND TIME OFFENDERS OF DANGEROUS DRUG USE TO
AVAIL OF PROBATION, AMENDING FOR THE PURPOSE REPUBLIC ACT
NO. 9165, OTHERWISE KNOWN AS “THE COMPREHENSIVE
DANGEROUS DRUGS ACT OF 2002”

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

SECTION 1. Section 15 of Republic Act No. 9165, otherwise known as “The
Comprehensive Dangerous Drugs Act of 2002,” is hereby amended to read as
follows:

“Sec. 15. Use of Dangerous Drugs. - A person
apprehended or arrested, who is found to be positive for use of
any dangerous drug, after a confirmatory test, shall be imposed
@ penalty of a minimum of six (6) months rehabilitation in a
government center for the first offense, subject to the provisions
of Article VIII of this Act. If apprehended using any dangerous
drug for the second time, he {/] OR she shall suffer the penalty
OF IMPRISONMENT RANGING FROM SIX (6) MONTHS AND.
ONE (1) DAY TO SIX (6) YEARS. THE COURT SHALL AFTER
IT SHALL HAVE CONVICTED THE DEFENDANT AND UPON
APPLICATION FOR PROBATION BY SAID DEFENDANT
WITHIN THE PERIOD FOR PERFECTING AN APPEAL,
SUSPEND THE EXECUTION OF THE SENTENCE AND
PLACE THE DEFENDANT ON PROBATION FOR SUCH
PERIOD AND UPON SUCH TERMS AND CONDITIONS AS IT
MAY DEEM BEST INCLUDING SUPERVISION AND
REHABILITATIVE SURVEILLANCE OF THE OFFENDER TO
BE UNDERTAKEN BY THE BOARD THROUGH THE
DEPARTMENT OF HEALTH IN COORDINATION WITH THE
BOARD OF HEALTH IN COORDINATION WITH THE BOARD
OF PARDONS AND PAROLE AND THE PAROLE AND
PROBATION ADMINISTRATION. IF APPREHEND USING ANY
DANGEROUS DRUG FOR THE THIRD TIME, HE OR 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, however, That this Section shall not be applicable
where the persons tested is also found to have in his [/] OR her
possession such quantity of any dangerous drug provided for
under Section 11 of this Act, in which case the provisions stated
therein shall apply.”

SEC. 2. This Act shall take effect fifteen (15) days after its publication
in any two (2) national newspapers of general circulation.

Approved.