FIFTEENTH CONGRESS OF THE
REPUBLIC OF THE PHILIPPINES
"First RegatarSession

HOUSE OF REPRESENTATIVES

House Bill No. 3737

Introduced by Representative VICENTE “VARF” BELMONTE

EXPLANATORY NOTE

After 8 years of implementing the Comprehensive Dangerous Drugs Act of
2002, statistics on pending and acquitted drug cases prove that there is a
growing need to introduce important amendments. New problem areas are
emerging that if left unchecked could later undermine the all-out war policy of
the State against dangerous drugs.

Many warehouses and residential units have been used to conceal
clandestine “shabu’ laboratories. tn all the raids conducted by the Philippine
Drug Enforcement Agency, PNP Anti-IIlegal Drugs Special Operations Task
Force and the National Bureau of Investigation, on these places, the owner of
the warehouse or building escaped criminal liability by simply showing the
contract of lease involving the property subject of the police operation.
Without imputing malice and criminal intent on the part of the lessors, it is
imperative, however, that a certain mechanism be designed to help curtail this
emerging pattern. This significant provision was previously introduced during
the 12" Congress by Rep. Oscar Gozos.

The drastic increase in the number of discovered drug dens, rampant
recruitment of drug couriers and the transshipment of cocaine and other
similar drugs should also be looked into. Amendments to the drug law should
include penalties for the exportation of dangerous drugs and the possession
of dangerous drugs and controlled precursors and essential chemicals.

In order to empower our law enforcers and policy implementors, amendments
to Sections 20, 21, 22, 24, 52, 63, 66, 68, 77, 78, 79, 81, 86, 87, 93 and 94
should be enacted

Also, considering the welfare of the victims of the drug menace, amendments
to Section 15, providing for the application of probation for second time
offenders introduced by Rep. Rufus Rodriguez during the 14" Congress is
included in this measure.

The battle against illegal drugs is no less critical than the government's war
against terrorism. In view of the foregoing, early pagsage of this bill is
eamestly requested

Vicente “Varf" Belmonte

sen


FIFTEENTH CONGRESS OF THE
REPUBLIC OF THE PHILIPPINES
First Regular Session

HOUSE OF REPRESENTATIVES

737
House Bill No. 3737

Introduced by Representative VICENTE “VARF” BELMONTE

AN ACT PROVIDING FOR A MORE RESPONSIVE DRUG ENFORCEMENT
CAPABILITY AMENDING FOR THE PURPOSE CERTAIN PROVISIONS OF
REPUBLIC ACT 9165 OTHERWISE KNOWN AS THE COMPREHENSIVE
DANGEROUS DRUGS ACT OF 2002

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

SECTION 1. Section 3 of Republic Act No. 9165, otherwise known as
the Comprehensive Dangerous Drugs Act of 2002, is hereby amended to read

as follows:
“SEC. 3. Definitions. —

me x

“(f) [legal] DRUG Trafficking. —The illegal cultivation,
culture, delivery, administration, dispensation, manufacture,
sale, trading, transportation, distribution, importation,
exportation, DIVERSION and possession of dangerous drug
and/or controlled precursor and essential chemical

'%* x x

“(ff) Pusher. - Any person who sells, trades, EXPORTS,
administers, dispenses, delivers or gives away to another, on
any terms whatsoever, or distributes, dispatches in transit or
transports dangerous drugs or who acts as a broker in any of
such transactions, in violation of this Act.

> oA
“(Il) DOH-ACCREDITED PHYSICIAN. - A PHYSICIAN
WITH BACKGROUND AND EXPERIENCE ON
PSYCHOLOGICAL) BEHAVIORAL MEDICINE WHOSE
APPLICATION HAS BEEN APPROVED AND DULY
AUTHORIZED BY THE DOH TO CONDUCT DRUG
DEPENDENCY EXAMINATION AND TREATMENT ON

2



PERSONS BELIEVED TO BE USING DANGEROUS
DRUGS.

“(mm) DRUG DEPENDENCY EXAMINATION. — A
PROCEDURE CONDUCTED BY A DOH ACCREDITED
PHYSICIAN TO EVALUATE THE EXTENT OF DRUG
ABUSE OF A PERSON AND TO DETERMINE WHETHER
OR NOT HE/SHE IS A DRUG DEPENDENT, WHICH
INCLUDES HISTORY TAKING, INTAKE INTERVIEW,
DETERMINATION OF THE CRITERIA FOR DRUG
DEPENDENCY, MENTAL AND PHYSICAL STATUS, AND
THE DETECTION OF DANGEROUS DRUGS IN BODY
SPECIMENS THROUGH LABORATORY PROCEDURES.

“(nn) RANDOM DRUG TEST. — A TEST PERFORMED ON
A SPECIMEN COLLECTED FROM A PERSON WHO IS
SELECTED FROM A GROUP OF INDIVIDUALS HAVING
THE SAME PROBABILITY OF SELECTION.

“(00) REHABILITATIVE SURVEILLANCE. — INTENSIVE
SUPERVISION AND MONITORING OF A_ CLIENT
UNDERGOING OUTPATIENT TREATMENT, PROBATION,
SUSPENDED SENTENCE AND/OR AFTERCARE
PROGRAMS TO DETERMINE HIS/HER COMPLIANCE OF
A DRUG FREE STATE, HIS/HER SOCIAL
RESPONSIBILITIES AND HIS/HER RETURN AS A
PRODUCTIVE MEMBER OF THE SOCIETY.

“(pp) STORAGE. — THE ACCUMULATION, AMASSING,
HOARDING, KEEPING, LOCKING UP OR STOCKPILING
OF ANY DANGEROUS DRUG, CONTROLLED
PRECURSORS, AND ESSENTIAL CHEMICALS,
REGARDLESS OF THE DEGREE OF PURITY THEREOF."

SEC. 2. Section 5 of Republic Act No. 9165, otherwise known as the
Comprehensive Dangerous Drugs Act of 2002, is hereby amended to read as

follows:

“Sec. 5. Sale, Trading, EXPORTATION, Administration,
Dispensation, Delivery, Distribution and Transportation 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 sell, trade, EXPORT OR BRING OUT OF THE
COUNTRY, administer, dispense, deliver, give away to
another, distribute, dispatch in transit or transport any
dangerous drug, including any and all species of opium
poppy, IN THE FOLLOWING QUANTITIES, regardless of
[the quantity and] purity [involved], or shall act as a broker in
any of such transactions[.];

aaah



“41) FIVE (5) GRAMS OR MORE OF METHAMPHETAMINE
HYDROCHLORIDE OR “SHABU”, “MARIJUANA” RESIN,
“MARIJUANA” RESIN OIL, OR ANY DANGEROUS
DRUG; OR

“2) FIFTY (50) GRAMS OR MORE OF CANNABIS OR
“MARIJUANA”, OPIUM PLANT OR ANY PART THEREOF,
OR OTHER PLANT SOURCE OF DANGEROUS DRUGS.

“IF THE QUANTITY INVOLVED IS LESS THAN THE
FOREGOING QUANTITIES, THE PENALTIES SHALL BE
GRADUATED AS FOLLOWS:

“4) LIFE IMPRISONMENT AND FINE RANGING FROM
FOUR HUNDRED THOUSAND PESOS (P400, 000.00) TO
FIVE HUNDRED THOUSAND PESOS (P500, 000.00) IF
THE QUANTITY IS THREE (3) GRAMS OR MORE BUT
LESS THAN FIVE (5) GRAMS OF METHAMPHETAMINE
HYDROCHLORIDE OR “SHABU”, “MARIJUANA” RESIN,
“MARIJUANA” RESIN OIL, OR ANY DANGEROUS
DRUG; OR THIRTY (30) GRAMS OR MORE BUT LESS
THAN FIFTY (50) GRAMS OF CANNABIS OR
“MARIJUANA”, OPIUM PLANT OR ANY PART THEREOF,
OR OTHER PLANT SOURCE OF DANGEROUS DRUGS;

“2) IMPRISONMENT OF TWENTY (20) YEARS AND ONE
(1) DAY TO LIFE IMPRISONMENT AND FINE RANGING
FROM THREE HUNDRED THOUSAND PESOS (P300,
000.00) TO FOUR HUNDRED THOUSAND PESOS (P400,
000.00) IF THE QUANTITY IS ONE (1) GRAM OR MORE
BUT LESS THAN THREE (3) GRAMS OF
METHAMPHETAMINE HYDROCHLORIDE OR “SHABU”,
“MARIJUANA” RESIN, “MARIJUANA” RESIN OIL, OR
ANY DANGEROUS DRUG; OR TEN (10) GRAMS OR
MORE BUT LESS THAN THIRTY (30) GRAMS OF
CANNABIS OR “MARIJUANA”, OPIUM PLANT OR ANY
PART THEREOF, OR OTHER PLANT SOURCE OF
DANGEROUS DRUGS;

“3) IMPRISONMENT OF TWELVE (12) YEARS AND ONE
(1) DAY TO TWENTY (20) YEARS AND FINE RANGING
FROM TWO HUNDRED THOUSAND PESOS (P200,
000.00) TO THREE HUNDRED THOUSAND PESOS (P300,
000.00) IF THE QUANTITY IS LESS THAN ONE (1) GRAM
OF METHAMPHETAMINE HYDROCHLORIDE OR
“SHABU", “MARIJUANA” RESIN, “MARIJUANA” RESIN
OIL, OR ANY DANGEROUS DRUG; OR LESS THAN TEN
(10) GRAMS OF CANNABIS OR “MARIJUANA”, OPIUM
PLANT OR ANY PART THEREOF, OR OTHER PLANT
SOURCE OF DANGEROUS DRUGS;

eel.



“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 sell,
trade, EXPORT OR BRING OUT OF THE COUNTRY,
administer, dispense, deliver, give away to another,
distribute, dispatch in transit or transport any controlled
precursor and essential chemical, or shall act as a broker in
‘such transactions.

x ox

SEC. 3. Section 8 of Republic Act No. 9165, otherwise known as the
Comprehensive Dangerous Drugs Act of 2002, is hereby amended to read as
follows.

“SEC. 8. Manufacture 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 engage in the manufacture of

any dangerous drug.

x x x
“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 AN OWNER OR LESSOR OF A BUILDING,
WAREHOUSE, OR ANY EDIFICE, OR IN THEIR
ABSENCE, THEIR DULY AUTHORIZED
REPRESENTATIVE, WHO LEASES THE PROPERTY TO
ANY PERSON BUT OMITS TO ASCERTAIN, CHECK AND
CONFIRM THAT IT IS ACTUALLY USED FOR A LAWFUL
PURPOSE, AND WHICH PROPERTY IS FOUND
ACTUALLY UTILIZED AS CLANDESTINE LABORATORY
OR USED IN THE MANUFACTURE OR STORAGE OF
DANGEROUS DRUGS, CONTROLLED PRECURSORS
AND ESSENTIAL CHEMICALS. AND IF THE OWNER OR
LESSOR, OR HIS DULY AUTHORIZED
REPRESENTATIVE, INSPECTED THE PROPERTY AND
DISCOVERED THE ILLEGAL ACTIVITY BUT FAILED TO
REPORT THE SAME, THE MAXIMUM PENALTY SHALL
BE IMPOSED.



“IF THE PROPERTY SUBJECT OF LEASE IS
GOVERNMENT OWNED, IN ADDITION TO ABSOLUTE
PERPETUAL DISQUALIFICATION FROM ANY PUBLIC
OFFICE, THE GOVERNMENT OFFICIALS AND
EMPLOYEES, WHO OMIT TO OBSERVE AND
DISCHARGE THE LEGAL OBLIGATION REQUIRED IN
THE PRECEDING PARAGRAPH SHALL BE LIABLE TO
THE MAXIMUM PENALTY IMPOSED THEREIN.

“IF THE PROPERTY SUBJECT OF LEASE IS OWNED BY
A PARTNERSHIP, CORPORATION, ASSOCIATION, OR
ANY JURIDICAL ENTITY, THE PERSON LIABLE TO THE
PENALTY PRESCRIBED IN THE FIRST PARAGRAPH OF
THIS SECTION IS THE PARTNER, PRESIDENT,
DIRECTOR, MANAGER, TRUSTEE, ESTATE EXECUTOR
OR ADMINISTRATOR, OR THEIR DULY AUTHORIZED
REPRESENTATIVE.

“FOR PURPOSES OF THIS SECTION, THE PERSONS TO
BE HELD LIABLE IN THE PRECEDING THREE (3)
PARAGRAPHS OF THIS SECTION SHALL BE PRIMA
FACIE CONSIDERED AS HAVING GIVEN THEIR
CONSENT TO THE ILLEGAL USE OF THE LEASED
PROPERTY WHEN THEY FAIL TO VISIT AND INSPECT
THE LEASED PROPERTY AT LEAST ONCE EVERY
GIVEN QUARTER, PROVIDED THAT IN NO CASE SHALL
THE VISITATION BE LESS THAN FOUR TIMES IN A
YEAR.

“THE VISITATION SHALL BE EVIDENCED BY AN
AFFIDAVIT TO BE EXECUTED, WITHIN FIVE (5) DAYS
FROM DATE OF VISITATION AND INSPECTION, BY THE
PRIVATE INDIVIDUAL, CONCERNED GOVERNMENT
OFFICIAL OR EMPLOYEE, OR CONCERNED OFFICER
OF THE PARTNERSHIP, CORPORATION, ASSOCIATION,
OR ANY JURIDICAL ENTITY THAT OWNS THE
PROPERTY SUBJECT OF THE LEASE. THE AFFIDAVIT
SHALL CATEGORICALLY STATE THE FOLLOWING: (1)
THE DATE WHEN THE INSPECTION OF THE PREMISES
WAS MADE (2) THE DETAILS OF THINGS SEEN AND
OBSERVED DURING THE INSPECTION, AND (3) THE
FACT THAT THE LEASED PREMISES IS NOT BEING
USED FOR ANY UNLAWFUL PURPOSE, IF SUCH IS THE
CASE. IT SHALL BE SUBMITTED TO THE
ADMINISTRATIVE BOARD PURSUANT TO THE
PROVISIONS OF SECTION 52 (1) HEREOF, WITHIN FIVE
(5) WORKING DAYS FROM THE EXECUTION OF SAID
AFFIDAVIT.

« saae §



“IN ADDITION, A COPY OF THE LEASE CONTRACT AND
THE SPECIAL POWER OF ATTORNEY OF THE
AUTHORIZED REPRESENTATIVE, IF ANY, SHALL ALSO
BE FILED WITH THE ADMINISTRATIVE BOARD AND
CITY OR MUNICIPAL ASSESSOR WITHIN FIVE (5) DAYS
FROM EXECUTION OF SAID CONTRACT. THE FAILURE
TO COMPLY WITH THIS MANDATORY REPORTORIAL
REQUIREMENTS SHALL ALSO CONSTITUTE A PRIMA
FACIE PRESUMPTION THAT NO SUCH VISITATION WAS
CONDUCTED ON THE LEASED PREMISES FOR THE
DURATION OF THE COVERED PERIOD.”

SEC. 4. Section 11 of Republic Act No. 9165, otherwise known as the
Comprehensive Dangerous Drugs Act of 2002, is hereby amended to read as
follows:

“SEC. 11. Possession 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 possess any dangerous drug in the following

quantities, regardless of the degree of purity thereof:

“[1) 10 grams or more of opium;
2) 10 grams or more of morphine:
3) 10 grams or more of heroin;

4) 10 grams or more of cocaine or cocaine
hydrochloride;

5) 50 grams or more of methamphetamine hydrochloride
or “shabu”;

6) 10 grams or more of marijuana resin or marijuana
resin oil;

7) 500 grams or more of marijuana;

8) 10 grams or more of other dangerous drugs such as,
but not limited to, methylenedioxymethamphetamine
(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 value or if the quantity possessed is far
beyond therapeutic requirements, as determined and
promulgated by the Board in accordance to Section
93, Article XI of this Act]

“4) TEN (10) GRAMS OR MORE OF METHAMPHETAMINE
HYDROCHLORIDE OR “SHABU”, “MARIJUANA” RESIN,
“MARIJUANA” RESIN OIL OR OTHER DANGEROUS
DRUGS; OR

coats



alles:

“2) ONE HUNDRED (100) GRAMS OR MORE OF
CANNABIS OR “MARIJUANA”, OPIUM PLANT OR ANY
PART THEREOF, OR OTHER PLANT SOURCE OF
DANGEROUS DRUGS;

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

“1) Life imprisonment and a fine ranging from Four hundred
thousand pesos (P400,000.00) to Five hundred thousand
pesos (P500,000.00), if the quantit[yJIES of
methamphetamine hydrochloride or “shabu”, “MARIJUANA”
RESIN, “MARIJUANA” RESIN OIL, OR OTHER
DANGEROUS DRUGS ARE [is ten (10)] FIVE (5) grams or
more but less than [fifty (50)] TEN (10) grams; OR FIFTY
(50) GRAMS OR MORE BUT LESS THAN ONE HUNDRED
(100) GRAMS OF CANNABIS OR “MARIJUANA”, OPIUM
PLANT OR ANY PART THEREOF, OR OTHER PLANT
SOURCE OF DANGEROUS DRUGS;

“2) Imprisonment of twenty (20) years and one (1) day to life
imprisonment and a fine ranging from Four hundred
thousand pesos (P400,000.00) to Five hundred thousand
pesos (P500,000.00), if the quantities of
METHAMPHETAMINE HYDROCHLORIDE OR “SHABU”,
“MARIJUANA” RESIN, “MARIJUANA” RESIN OIL, OR
OTHER dangerous drugs are [five ()] ONE (1) GRAM or
more but less than [ten (10)] 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, MDMA or “ecstasy”. PMA, TMA, LSD,
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 [three hundred (300)] TEN (10) grams or
more but less than [five hundred (500)] FIFTY (50) grams of
CANNABIS OR “MARIJUANA”, OPIUM PLANT OR ANY
PART THEREOF, OR OTHER PLANT SOURCE OF
DANGEROUS DRUGS; [marijuana; and]

“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
METHAMPHETAMINE HYDROCHLORIDE OR “SHABU”,
“MARIJUANA” RESIN, “MARIJUANA” RESIN OIL, OR
OTHER dangerous drugs are ONE-HALF (1/2) GRAM OR
MORE BUT less than [five (5)] ONE (1) gram[s] [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 (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 FIVE
(5) GRAMS OR MORE BUT less than [three hundred (300)]
TEN (10) grams of CANNABIS OR “MARIJUANA”, OPIUM
PLANT OR ANY PART THEREOF, OR OTHER PLANT
SOURCE OF DANGEROUS DRUGS; [marijuana]

“4) IMPRISONMENT OF SIX (6) YEARS AND ONE (1)
DAY TO TWELVE (12) YEARS AND A FINE RANGING
FROM Two HUNDRED THOUSAND PESOS
(P200,000.00) TO THREE HUNDRED THOUSAND PESOS
(P300,000.00), IF THE QUANTITIES OF
METHAMPHETAMINE HYDROCHLORIDE OR “SHABU”,
CANNABIS OR “MARIJUANA” RESIN, “MARIJUANA”
RESIN OIL, OR OTHER DANGEROUS DRUGS ARE ONE-
FOURTH (1/4) GRAM OR MORE BUT LESS THAN ONE-
HALF (1/2) GRAM; OR TWO AND ONE-HALF (2 1/2)
GRAMS OR MORE BUT LESS THAN FIVE (5) GRAMS OF
CANNABIS OR “MARIJUANA”, OPIUM PLANT OR ANY
PART THEREOF, OR OTHER PLANT SOURCE OF
DANGEROUS DRUGS; AND

“5) IMPRISONMENT OF FOUR (4) YEARS AND ONE (1)
DAY TO SIX (6) YEARS AND A FINE RANGING FROM
ONE HUNDRED THOUSAND PESOS (P100,000.00) TO
TWO HUNDRED THOUSAND PESOS (P200,000.00), IF
THE QUANTITIES OF METHAMPHETAMINE
HYDROCHLOR11IDE OR “SHABU", CANNABIS OR
“MARIJUANA” RESIN, “MARIJUANA” RESIN OIL, OR
OTHER DANGEROUS DRUGS ARE LESS THAN ONE-
FOURTH (1/4) GRAM; OR LESS THAN TWO AND ONE-
HALF (2 1/2) GRAMS OF CANNABIS OR “MARIJUANA”,
OPIUM PLANT OR ANY PART THEREOF, OR OTHER
PLANT SOURCE OF DANGEROUS DRUGS.

“THE PENALTY RANGING FROM FOUR (4) YEARS AND
ONE (1) DAY TO SIX (6) YEARS AND A FINE RANGING
FROM ONE HUNDRED THOUSAND PESOS (P100,000.00)
TO TWO HUNDRED THOUSAND PESOS (P200,000.00)
SHALL BE IMPOSED UPON ANY PERSON WHO,
UNLESS AUTHORIZED BY LAW OR REGULATION,

is —


SHALL POSSESS ANY CONTROLLED PRECURSOR
AND ESSENTIAL CHEMICAL.

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

“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.”

SEC. 5. Section 13 of Republic Act No. 9165, otherwise known as the
Comprehensive Dangerous Drugs Act of 2002, is hereby amended to read as
follows:

"SEC. 13. Possession of Dangerous Drugs During Parties,

Social Gatherings or Meetings. - Any person found

possessing any dangerous drug during a party, or at a social

gathering or meeting, or in the proximate company of at least

two (2) persons, shall suffer the maximum penalties

CORRESPONDING TO THE PENALTIES provided for in

Section 11 of this Act[, regardless of the quantity and purity

of such dangerous drugs].

SEC. 6. 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 SHALL USE ANY
DANGEROUS DRUG AND is found to be positive for use
after a confirmatory test AND FOUND TO BE A DRUG
DEPENDENT AFTER A DRUG _ DEPENDENCY
EXAMINATION CONDUCTED BY A DOH ACCREDITED
PHYSICIAN, shall be imposed a 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.
HOWEVER, IF FOUND NOT TO BE A DRUG
DEPENDENT, HE/SHE SHALL UNDERGO AN
OUTPATIENT PROGRAM WHICH WILL INCLUDE BUT
NOT LIMITED TO COMMUNITY SERVICE AND
COUNSELING FOR A PERIOD OF NOT LESS THAN SIX
(6) MONTHS. If SUBSEQUENTLY apprehended [using any
dangerous drug for the second time], FOR USE OF ANY

es ee |



Compr
follows

DANGEROUS DRUG AS PROVIDED IN THIS SECTION,
he/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 PARDONS AND PAROLE AND THE
PAROLE AND PROBATION ADMINISTRATION. IF
APPREHENDED USING ANY DANGEROUS DRUG FOR
THE THIRD TIME, HE OR SHE SHALL SUFFER THE
PENALTY OF IMPRISONMENT RANGING FROM six (8)
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 person tested is also found to have in his/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, BUT WITHOUT PREJUDICE TO
ARTICLE Vill OF THIS ACT.”

SEC. 7. Section 20 of Republic Act No. 9165, otherwise known as the
ehensive Dangerous Drugs Act of 2002, is hereby amended to read as.

“SEC. 20. [Confiscation and Forfeiture of the Proceeds or
Instruments of the Unlawful Act, Including the Properties or
Proceeds Derived from the Illegal Trafficking of Dangerous
Drugs and/or Precursors and Essential Chemicals.)
CONFISCATION AND FORFEITURE OF PROPERTIES
WHICH ARE PROCEEDS OF THE UNLAWFUL ACT OR
USED IN THE COMMISSION THEREOF. - Every penalty
imposed for the unlawful importation, sale, trading,
EXPORTATION, administration, dispensation, delivery,
distribution, transportation [or], manufacture OR
POSSESSION of any dangerous drug and/or controlled
precursor and essential chemical, MAINTENANCE OF DEN,
DIVE OR RESORT, the cultivation or culture of plants which
are sources of dangerous drugs, DIVERSION OF
CONTROLLED PRECURSORS AND ESSENTIAL
CHEMICALS, [and] the possession of any equipment,
instrument, apparatus and other paraphernalia for
dangerous drugs including other laboratory equipment AND
THE ATTEMPT OR CONSPIRACY TO COMMIT THE

11

ae



UNLAWFUL ACTS ENUMERATED IN SECTION 26
HEREOF, shall carry with it the confiscation and forfeiture, in
favor of the government, [of all the proceeds and properties
derived from the unlawful act, including, but not limited to,
money and other assets obtained thereby, and the
instruments or tools with which the particular unlawful act
was committed] OF ALL PROPERTIES, WHETHER REAL
OR PERSONAL PROPERTY, MONEY, COMMERCIAL OR
NEGOTIABLE INSTRUMENTS, WHICH ARE PROCEEDS
OF THE UNLAWFUL ACTS, AS WELL AS THOSE USED
IN OR IN ANY WAY CONNECTED WITH OR RELATED TO
THE COMMISSION OF THE UNLAWFUL ACT, unless they
are the property of a third person not liable for the unlawful
act, but those which are not of lawful commerce shall be
ordered destroyed without delay pursuant to the provisions
of Section 21 of this Act

“[During the pendency] UPON THE FILING of the case in
the Regional Trial Court, no property, WHETHER REAL OR
PERSONAL, WHICH IS A PROCEED OF THE UNLAWFUL
ACT OR USED IN OR IN ANY WAY CONNECTED WITH
OR RELATED TO THE COMMISSION THEREOF, [or
income derived therefrom,] which may be confiscated and
forfeited, shall be disposed OF, alienated or transferred and
the same shall be in custodia legis and no bond shall be
admitted for the release of the same

“After conviction in the Regional Trial Court in the
appropriate criminal case filed, the Court shall immediately
schedule a hearing for the confiscation and forfeiture [of all
the proceeds of the offense and] all the assets and
properties of the accused either owned or held by him or in
the name of some other persons if the same shall be found
to be manifestly out of proportion to his/her lawful income:
Provided, however, That if the forfeited property is a vehicle,
the same shall be auctioned off not later than five (5) days
upon order of confiscation or forfeiture.

% x x

“IN CASE OF FLAGRANTE DELICTO, THE COURT OF
APPEALS, THROUGH AN EX PARTE PETITION FILED
BY THE PDEA, SHALL ISSUE A FREEZE ORDER ON
ANY PERSONAL AND/OR REAL PROPERTY OF A
PERSON ARRESTED FOR THE COMMISSION OF ANY
UNLAWFUL ACT MENTIONED IN THIS SECTION WHICH
ARE PROCEEDS OR USED IN OR IN ANY WAY
CONNECTED WITH OR RELATED TO THE COMMISSION
THEREOF. THE SAID FREEZE ORDER SHALL PROHIBIT
THE WITHDRAWAL OF DEPOSITS, ENCASHMENT OF



ANY CHECK OR OTHER MONETARY INSTRUMENT, OR
ANY FORM OF CONVEYANCE OR TRANSFER OF SAID
PERSONAL AND/OR REAL PROPERTY FOR A PERIOD
OF TWENTY (20) DAYS UNLESS EXTENDED BY THE

COURT.

“UPON THE FILING OF THE CRIMINAL CASE IN THE
REGIONAL TRIAL COURT, THE FOREMENTIONED
PERSONAL AND REAL PROPERTIES SHALL BE
PLACED UNDER CUSTODIA LEGIS AND NO BOND
SHALL BE ADMITTED FOR THE RELEASE OF THE

SAME.”

SEC. 8. Section 21 of Republic Act No. 9165, otherwise known as the

Comprehensive Dangerous Drugs Act of 2002, is 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/Paraphemalia and/or Laboratory

Equipment. —

“1) The apprehending team having initial custody and control
of the DANGEROUS drugs, CONTROLLED PRECURSORS
AND ESSENTIAL CHEMICALS, INSTRUMENTS OR
PARAPHERNALIA AND LABORATORY EQUIPMENT
shall, immediately after seizure and confiscation, physically
inventory and photograph the same in the presence of the
accused or the person/s from whom such items were
confiscated and/or seized, or his/her representative or
counsel, a representative from the media [and the
Department of Justice,] and any elected public official who
shall be required to sign the copies of the inventory and be
given a copy thereof[.J; 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, FURTHER, THAT NON-
COMPLIANCE OF THESE REQUIREMENTS UNDER
JUSTIFIABLE GROUNDS, AS LONG AS THE INTEGRITY
AND THE EVIDENTIARY VALUE OF THE SEIZED ITEMS
ARE PROPERLY PRESERVED BY THE APPREHENDING



OFFICER/TEAM, SHALL NOT RENDER VOID AND
INVALID SUCH SEIZURES AND CUSTODY OVER SAID

ITEMS;

“2) Within twenty-four (24) hours upon confiscation/seizure
of dangerous drugs, plant sources of dangerous drugs,
controlled precursors and essential chemicals, as well as
instruments/paraphernalia and/or laboratory equipment, the
same shall be submitted to the PDEA Forensic Laboratory
for a qualitative [and quantitative] examination.

"3) A certification of the forensic laboratory examination
results, which shall be done [under oath] by the forensic
laboratory examiner, shall be issued [within twenty-four (24)
hours] IMMEDIATELY [after] UPON the receipt of the
subject item/s: Provided, That when the volume of the
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 on the completed
forensic laboratory examination on the same [within the next
twenty-four (24) hours.) IMMEDIATELY UPON
COMPLETION OF THE SAID EXAMINATION AND
CERTIFICATION.

“4) a) UPON RECEIPT OF THE FINAL CERTIFICATION OF
THE FORENSIC LABORATORY EXAMINATION, THE
PDEA MAY FILE A PETITION FOR THE DESTRUCTION
OF THE CONFISCATED, SEIZED AND/OR
SURRENDERED DANGEROUS DRUGS, PLANT
SOURCES OF DANGEROUS DRUGS, AND
CONTROLLED PRECURSORS AND ESSENTIAL
CHEMICALS WITH THE REGIONAL TRIAL COURT, IF
NOT COVERED BY A SEARCH WARRANT, PRESIDED
BY THE EXECUTIVE JUDGE OF THE PROVINCE OR THE
CITY WHERE THE CONFISCATION, SEIZURE AND/OR
SURRENDER TOOK PLACE. IF THE CONFISCATION,
SEIZURE AND/OR SURRENDER IS BY VIRTUE OF A
SEARCH WARRANT, THE APPROPRIATE MOTION
SHALL BE FILED WITH THE COURT WHICH ISSUED
THE SAID SEARCH WARRANT. IN BOTH INSTANCES,
THE PETITION OR MOTION SHALL BE FILED WITH THE
PRIOR CONSENT OF THE PROVINCIAL OR CITY
PROSECUTOR WHICH SHALL BE INDICATED IN THE
PLEADING. THE TRIAL COURT WHERE THE CRIMINAL
CASE IS SUBSEQUENTLY FILED SHALL TAKE
JUDICIAL NOTICE OF THE PROCEEDINGS THEREOF.

= soot:



“[After the filing of the criminal case, the] b) THE Court
WHERE THE AFOREMENTIONED PETITION OR MOTION
IS FILED OR, IF NEITHER IS FILED, THE COURT WHERE
THE CRIMINAL CASE IS FILED shall, within seventy-two
(72) hours UPON THE FILING OF THE PETITION, MOTION
OR CRIMINAL CASE, AS THE CASE MAY BE, 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/parapheralia and/or laboratory
equipment, and through the PDEA shall [within twenty-four
(24) hours] IMMEDIATELY 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/her representative or
counsel, A MEMBER OF THE APPREHENDING TEAM, a
representative from the media [and the Department of
Justice], civil society groups and any elected public official.
The Board shall draw up the guidelines on the manner of
proper disposition and destruction of such item/s which shall
be borne by the offender: Provided, That those item/s of
lawful commerce, as determined by the Board, shall be
donated, used or recycled for legitimate purposes: Provided,
further, That a representative sample, duly weighed and
recorded is retained.”

“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 representative sample/s in the custody of
the PDEA, shall be submitted to the court having jurisdiction
over the case. IN CASES OF SEIZURES WHERE NO
PERSON IS APPREHENDED AND NO CRIMINAL CASE
IS FILED, THE PDEA MAY ORDER THE IMMEDIATE
DESTRUCTION OR BURNING OF SEIZED DANGEROUS.
DRUGS AND CONTROLLED PRECURSORS AND
ESSENTIAL CHEMICALS UNDER GUIDELINES SET BY
THE BOARD. In all instances, the representative sample/s
shall be kept to a minimum quantity as determined by the
Board.

x x x.

SEC. 9. Section 22 of Republic Act No. 9165, otherwise known as the

Comprehensive Dangerous Drugs Act of 2002, is hereby amended to read as

follows:

ee 18 i

“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/OR THE ARREST OF WANTED
DRUG PERSONALITIES.

“PROVIDED, THAT SUCH COMPENSATION, REWARD
AND AWARD SHALL BE DERIVED FROM A TRUST
FUND SET UP FOR THE PURPOSE TO BE TAKEN FROM
PDEA’S ANNUAL BUDGET IN THE GENERAL
APPROPRIATIONS ACT.

“PROVIDED, FURTHER, THAT THE BOARD SHALL
DETERMINE THE EQUIVALENT MONETARY VALUE OF
SEIZED DRUGS AND CHEMICALS, GIVING DUE
CONSIDERATION TO PURITY, OR THE ARREST OF
WANTED DRUG PERSONALITIES.”

SEC. 10. Section 24 of Republic Act No. 9165, otherwise known as the
Comprehensive Dangerous Drugs Act of 2002, is hereby deleted.

“[Sec. 24. Non-Applicability of the Probation Law for Drug
Traffiokers and Pushers. - Any person convicted for drug
trafficking or pushing under this Act, regardless of the
penalty imposed by the court, cannot avail of the privilege
granted by the Probation Law or Presidential Decree No.
968, as amended.]”

SEC. 11. Section 27 of Republic Act No. 9165, otherwise known as the
Comprehensive Dangerous Drugs Act of 2002, is hereby amended to read as
follows:

“SEC. 27. Criminal Liability of a Public Officer or Employee

for Misappropriation, Misapplication or Failure to Account for

the Confiscated, Seized or Surrendered Dangerous Drugs,

Plant Sources of Dangerous Drugs, Controlled Precursors

and Essential Chemicals, Instruments/Paraphemalia and/or

Laboratory Equipment Including the Proceeds or Properties

Obtained from the Unlawful Act Committed. —

Ri Ox x

“Any elective local or national official found to have
benefited from the proceeds of the trafficking of dangerous
drugs as prescribed in this Act, or have received any
financial or material contributions or donations from natural
or juridical persons found guilty of trafficking dangerous
drugs as prescribed in this Act, shall be removed from office
and perpetually disqualified from holding any elective or
appointive positions in the goverment, its divisions,
subdivisions, and intermediaries, including government-
owned or controlled corporations."

ae 16



SEC. 12. Section 28 of Republic Act No. 9165, otherwise known as the
Comprehensive Dangerous Drugs Act of 2002, is hereby amended to read as
follows:
“Sec. 28. Criminal Liability of Government Officials and
Employees. — The maximum penalties of the unlawful acts
provided for in this Act shall be imposed, in addition to
absolute perpetual disqualification from any public office, if
those found guilty of such unlawful acts are government
officials and employees.

“ANY ELECTIVE LOCAL OR NATIONAL OFFICIAL,
FOUND TO HAVE BENEFITED FROM THE PROCEEDS
OF DRUG TRAFFICKING AS PRESCRIBED IN THIS ACT,
OR HAVE RECEIVED ANY FINANCIAL OR MATERIAL
CONTRIBUTIONS OR DONATIONS FROM NATURAL OR
JURIDICAL PERSONS FOUND GUILTY OF TRAFFICKING
DANGEROUS DRUGS AS PRESCRIBED IN THIS ACT,
SHALL BE IMPOSED THE PENALTY OF 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) | AND — PERPETUALLY
DISQUALIFIED FROM HOLDING ANY ELECTIVE OR
APPOINTIVE POSITIONS IN THE GOVERNMENT, ITS
DIVISIONS, SUBDIVISIONS AND INTERMEDIARIES,
INCLUDING GOVERNMENT-OWNED OR CONTROLLED
CORPORATIONS.”

SEC. 13. Section 36 of Republic Act No. 9165, otherwise known as the
Comprehensive Dangerous Drugs Act of 2002, 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, two (2) testing methods,
the screening test which will determine the positive result as
well as the type of the drug used and the confirmatory test
which will confirm a positive screening test. Drug test
certificates issued by accredited drug testing centers shall be
valid for a one-year period from the date of issue which may
be used for other purposes. The following shall be subjected
to undergo drug testing ON A RANDOM BASIS UNDER
SUCH GUIDELINES TO BE PROMULGATED BY THE
BOARD.



“(a) Applicants for driver's license. — [No driver's license
shall be issued or renewed to any person unless he/she
presents a certification that he/she has undergone a
mandatory drug test and indicating thereon that he/she is
free from the use of dangerous drugs] APPLICANTS FOR
DRIVER’S LICENSE SHALL UNDERGO A RANDOM
DRUG TEST WITHIN THREE (3) DAYS FROM RECEIPT
OF THE SUMMON FOR SUCH BY THE LAND
TRANSPORTATION OFFICE:

“b) Applicants for firearm's license and for permit to carry
firearms outside of residence[. — All applicants for firearm’s
license and permit to carry firearms outside of residence
shall undergo a mandatory drug test to ensure that they are
free from the use of dangerous drugs: Provided, That all
persons who by the nature of their profession carry firearms
shall undergo drug testing.]

“c) Students of secondary and tertiary schools[. — Students
of secondary and tertiary schools shall, pursuant to the
related rules and regulations as contained in the school’s
student handbook and with notice to the parents, undergo a
random drug testing: Provided, That all drug testing
expenses whether in public or private schools under this
Section will be borne by the government]

“d) Officers and employees of public and private offices. —
[Officers and employees of public and private offices,
whether domestic or overseas, shall be subjected to undergo
a random drug test as contained in the company’s work rules
and regulations, which shall be borne by the employer, for
purposes of reducing the risk in the workplace. Any officer or
employee found positive for use of dangerous drugs shall be
dealt with administratively which shall be a ground for
suspension or termination, subject to the provisions of Article
282 of the Labor Code and pertinent provisions of the Civil
Service Law] WITHOUT PREJUDICE TO ANY SANCTIONS
THAT MAY BE PROVIDED FOR IN THE DRUG-FREE
WORKPLACE POLICY OF THE PUBLIC OR PRIVATE
OFFICE PURSUANT TO SECTIONS 47 OF THIS ACT;

“e) Officers and members of the military, police and other law
enforcement agencies[. - Officers and members of the
military, police and other law enforcement agencies shall
undergo an annual mandatory drug test]

“[f) All persons charged before the prosecutor's office with a
criminal offense having an imposable penalty of imprisonment of
not less than six (6) years and one (1) day shall have to undergo a
mandatory drug test.]

iid



“[g) All candidates for public office whether appointed or
elected both in the national or local government shall
undergo a mandatory drug test] F) ALL ELECTED /
APPOINTED GOVERNMENT OFFICIALS BOTH IN THE
NATIONAL AND LOCAL LEVELS

“In addition to the above stated penalties in this Section,
those found to be positive for dangerous drugs use shall be
subject to the provisions of [Section 15] ARTICLE VIII of this

Act.

SEC. 14. Section 44 of Republic Act No. 9165, otherwise known as the
Comprehensive Dangerous Drugs Act of 2002, is hereby amended to read as

follows:

“SEC. 44. Heads, Supervisors, and Teachers of Schools. —

“x x x

“APPROPRIATE PROTECTION OF THE CONCERNED
SCHOOL OFFICIALS SHALL BE PUT IN PLACE TO
ENSURE PERSONAL SECURITY AND PEACE OF MIND
AMONG THEM, SUCH AS FREE LEGAL ASSISTANCE,
POLICE PROTECTION AND ANY OTHER ASSISTANCE
AS MAY BE DEEMED NECESSARY.”

SEC. 15. Section 47 of Republic Act No. 9165, otherwise known as the
Comprehensive Dangerous Drugs Act of 2002, is hereby amended to read as

follows:

de

“SEC. 47. Drug-Free Workplace. — It is deemed a policy of
the State to promote drug-free workplaces IN BOTH THE
PRIVATE, using a tripartite approach AND PUBLIC
SECTORS. With the assistance of the Board, the
Department of Labor and Employment (DOLE) shall
develop, promote and implement a national drug [abuse]
prevention program in the workplace to be adopted by
private companies with ten (10) or more employees. Such
program shall include the mandatory drafting and adoption of
company policies against drug use in the workplace in close
consultation and coordination with the DOLE, labor and
employer organizations, human resource development
managers and other such private sector organizations.

“THE BOARD SHALL DEVELOP, PROMOTE AND
IMPLEMENT A NATIONAL DRUG PREVENTION
PROGRAM IN GOVERNMENT WORKPLACES
INCLUDING GOVERNMENT OWNED AND CONTROLLED
CORPORATIONS AND LOCAL GOVERNMENT UNITS.”



SEC. 16. Section 49 of Republic Act No. 9165, otherwise known as the

“SEC. 49. Labor Organizations and the Private Sector. — All
labor unions, federations, associations, or organizations [in
cooperation with the] AND THEIR respective [private sector
partners] EMPLOYERS shall include in their collective
bargaining or any similar agreements, joint continuing
programs and information campaigns for the laborers similar
to the programs provided under Section 47 of this Act with
the end in view of achieving a drug free workplace.”

Comprehensive Dangerous Drugs Act of 2002, is hereby amended to read as
follows:

SEC. 17. Section 52 of Republic Act No. 9165, otherwise known as the

“SEC. 52. Abatement of Drug Related Public Nuisances. —
Any place or premises which have been used [on two or
more occasions] as the site of the unlawful sale, [or]
delivery OR USE of dangerous drugs, OR AS A
CLANDESTINE LABORATORY, OR AS A STORAGE
PLACE FOR DANGEROUS DRUGS, CONTROLLED
PRECURSORS AND ESSENTIAL CHEMICALS may be
declared to be a public nuisance, and such nuisance may
be abated, pursuant to the following procedures:

“(1) Any city or municipality [may] SHALL, by ordinance,
create an administrative board to hear complaints regarding
the nuisances;

x mx

Comprehensive Dangerous Drugs Act of 2002, is hereby amended to read as
follows:

SEC. 18. Section 54 of Republic Act No. 9165, otherwise known as the

"SEC. 54. Voluntary Submission of a Drug Dependent to
Confinement, Treatment and Rehabilitation. — A drug
dependent [or any person who violates Section 15 of this
Act] may, by himselffherself or through his/her parent,
spouse, guardian or relative within the fourth degree of
consanguinity or affinity, [apply to the Board or its duly
recognized representative, for treatment and rehabilitation of
the drug dependency] FILE A VERIFIED APPLICATION
TO THE BOARD, OR ITS DULY AUTHORIZED
REPRESENTATIVE, FOR VOLUNTARY CONFINEMENT
FOR TREATMENT AND REHABILITATION. [Upon such
application, the Board shall bring forth the matter to the
Court which shall order that the applicant be examined for
drug dependency] UPON RECEIPT OF THE VERIFIED
APPLICATION, THE BOARD, OR ITS DULY AUTHORIZED
REPRESENTATIVE, SHALL ORDER THAT THE
APPLICANT OR THE PERSON IN WHOSE BEHALF THE

Comprehensive Dangerous Drugs Act of 2002, is hereby amended to read as
follows:



APPLICATION IS FILED BE EXAMINED FOR DRUG
DEPENDENCY BY A DOH-ACCREDITED PHYSICIAN.
UPON ISSUANCE OF A CERTIFICATION BY THE
EXAMINING PHYSICIAN THAT THE APPLICANT OR THE
PERSON IN WHOSE BEHALF THE APPLICATION IS
FILED IS A DRUG DEPENDENT AND HIS/HER
CONFINCEMENT IN A TREATMENT AND
REHABILITATION CENTER IS RECOMMENDED, THE
BOARD, OR Its DULY AUTHORIZED
REPRESENTATIVE, SHALL FILE A PETITION WITH THE
APPROPRIATE COURT FOR THE CONFINEMENT OF
THE SAID DRUG DEPENDENT FOR TREATMENT SND
REHABILITATION. IF THE EXAMINING PHYSICIAN
RECOMMENDS THE IMMEDIATE CONFINEMENT OF
THE DRUG DEPENDENT, THE BOARD, OR ITS DULY
AUTHORIZED REPRESENTATIVE, SHALL ORDER
HIS/HER TEMPORARY CONFINEMENT IN A
GOVERNMENT OR PRIVATE TREATMENT AND
REHABILITATION CENTER, AT THE OPTION OF THE
APPLICANT AND AT HIS/HER EXPENSE, PENDING THE
ISSUANCE OF THE COMMITMENT ORDER OF THE
COURT. THE TEMPORARY CONFINEMENT OF THE
DRUG DEPENDENT SHALL NOT EXCEED FIFTEEN (15)
DAYS AND IT SHALL BE DULY ALLEGED IN THE
PETITION OF THE BOARD TO BE FILED WITH THE
COURT.

“ANY OPPOSITION TO THE TEMPORARY
CONFINEMENT OF A DRUG DEPENDENT SHALL BE IN
WRITING AND VERIFIED. IT SHALL STATE THE
GROUNDS FOR THE OPPOSITION AND SHALL BE
FILED WITH THE OFFICE OF THE EXECUTIVE
DIRECTOR OF THE BOARD. UPON RECEIPT OF THE
OPPOSITION, THE EXECUTIVE DIRECTOR SHALL ACT
WITH ALL REASONABLE DILIGENCE AND TAKE ALL
MEASURES NECESSARY TO RESOLVE THE
OPPOSITION. THE TEMPORARY CONFINEMENT SHALL
STAY, UNLESS THE OPPOSITION CLEARLY SHOWS
THAT THE CONTINUED CONFINEMENT OF THE DRUG
DEPENDENT IS DETRIMENTAL TO HIS/HER PHYSICAL
AND MENTAL WELL-BEING AND THAT HE/SHE DOES
NOT POSE A DANGER TO HIMSELF/HERSELF, HIS/HER
FAMILY OR THE COMMUNITY.

“UPON THE PETITION OF THE BOARD, THE COURT
SHALL ORDER THAT THE APPLICANT BE EXAMINED
FOR DRUG DEPENDENCY OR SHALL TAKE
COGNIZANCE OF THE CERTIFICATION OF THE
EXAMINING PHYSICIAN MENTIONED IN THE
IMMEDIATELY PRECEEDING PARAGRAPH. If the
examination by a DOH-accredited physician results in the

; a r



issuance of a certification that the applicant is a drug
dependent, he/she shall be ordered by the Court to undergo
treatment and rehabilitation in a Center designated by the
Board for a period of not less than six (6) months: Provided,
That a drug dependent may be placed under the care of a
DOH-accredited physician where there is no Center near or
accessible to the residence of the drug dependent or where
said drug dependent is below eighteen (18) years of age and
is a first-time offender and non-confinement in a Center will
not pose a serious danger to his/her family or the
community,

% x x.

SEC. 19. Section 55 of Republic Act No. 9165, otherwise known as the

Comprehensive Dangerous Drugs Act of 2002, is hereby amended to read as

follows:

“SEC. 55. Exemption from the Criminal Liability under the
Voluntary Submission Program. — A drug dependent under
the voluntary submission program, who is finally discharged
from confinement, shall be exempt from the criminal liability
under Section 15 of this Act subject to the following
conditions:

“1) He/she has complied with the rules and regulations of the
Center, the applicable rules and regulations of the Board,
including the after-care and follow-up program [for at least
eighteen (18) months] FOR A PERIOD OF TIME TO BE
DETERMINED BY THE ATTENDING DOH-ACCREDITED
PHYSICIAN, BUT NOT EXCEEDING EIGHTEEN (18)
MONTHS, following temporary discharge from confinement
in the Center or, in the case of a dependent placed under the
care of the DOH-accredited physician, the after-care
program and follow-up schedule formulated by the DSWD.
and approved by the Board: Provided, That capability-
building of local government social workers shall be
undertaken by the DSWD;

"2) [He/she has never been charged or convicted of any
offense punishable under this Act, the Dangerous Drugs Act
of 1972 or Republic Act No. 6425, as amended, the Revised
Penal Code, as amended, or any special penal laws]
HE/SHE HAS NEVER BEEN CHARGED OR CONVICTED
UNDER SECTION 15 OF THIS ACT;

si & x

“4) [He/she poses no serious danger to himself/herself,
his/her family or the community by his/her exemption from
criminal liability] HESSHE HAS NOT BEEN PREVIOUSLY

22 . F iis


COMMITTED TO A CENTER OR TO THE CARE OF A
DOH-ACCREDITED PHYSICIAN.”

SEC. 20. Section 56 of Republic Act No. 9165, otherwise known as the
Comprehensive Dangerous Drugs Act of 2002, 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

dependent within the voluntary submission program may be

temporarily released, the Court 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 TO BE DETERMINED BY THE ATTENDING

DOH ACCREDITED PHYSICIAN, BUT not exceeding

eighteen (18) months under such terms and conditions that

the Court may impose.

x x x
“However, should the DOH find that during the initial after-
care and follow-up program [of eighteen (18) months], the
drug dependent requires further treatment and rehabilitation
in the Center, he/she shall be 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. 21. Section 61 of Republic Act No. 9165, otherwise known as the
Comprehensive Dangerous Drugs Act of 2002, is hereby amended to read as
follows:

“SEC. 61. Compulsory Confinement of a Drug Dependent

Who Refuses to Apply under the Voluntary Submission

Program. —

x x x

“If after such hearing and the facts so warrant, the court shall
order the drug dependent to be examined by two (2)
physicians accredited by the Board] DOH ACCREDITED
PHYSICIAN. If both physicians conclude that the respondent
is not a drug dependent, the court shall order his/her
discharge. If either physician finds him to be a dependent,
the court shall conduct a hearing and consider all relevant
evidence which may be offered. If the court finds him a drug
dependent, it shall issue an order for his/her commitment to
a treatment and rehabilitation center under the supervision of
the DOH. In any event, the order of discharge or order of
confinement or commitment shall be issued not later than
fifteen (15) days from the filing of the appropriate petition.



“CONFINEMENT IN A CENTER FOR TREATMENT AND
REHABILITATION SHALL NOT BE LESS THAN SIX (6)
MONTHS BUT NOT TO EXCEED ONE (1) YEAR, AFTER
WHICH TIME THE COURT, AS WELL AS THE BOARD,
SHALL BE APPRISED BY THE HEAD OF THE
TREATMENT AND REHABILITATION CENTER OF THE
STATUS OF THE DRUG DEPENDENT AND DETERMINE
WHETHER FURTHER CONFINEMENT WILL BE FOR THE
WELFARE OF THE SAID DRUG DEPENDENT AND
HIS/HER FAMILY OR THE COMMUNITY.

“UPON CERTIFICATION OF THE CENTER THAT HE/SHE
MAY TEMPORARILY BE DICHARGED FROM THE SAID
CENTER, THE COURT SHALL ORDER HIS/HER
RELEASE ON CONDITION THAT HE/SHE SHALL
REPORT TO THE BOARD, THROUGH THE DOH, FOR
AFTER-CARE AND FOLLOW-UP TREATMENT FOR A
PERIOD TO BE DETERMINED BY THE ATTENDING DOH
ACCREDITED PHYSICIAN BUT IN NO CASE SHALL
EXCEED EIGHTEEN (18) MONTHS UNDER SUCH TERMS
AND CONDITIONS AS MAY BE IMPOSED BY THE
BOARD.

‘IF AT ANYTIME DURING THE AFTER-CARE AND
FOLLOW-UP PERIOD, THE BOARD CERTIFIES TO
HIS/HER COMPLETE REHABILITATION, THE COURT
SHALL ORDER HIS/HER FINAL DISCHARGE FROM
CONFINEMENT AND ORDER FOR THE IMMEDIATE
RESUMPTION OF THE TRIAL OF THE CASE FOR WHICH
HE/SHE IS ORIGINALLY CHARGED. SHOULD THE
BOARD THROUGH THE DOH FIND AT ANYTIME DURING
THE AFTER-CARE AND FOLLOW-UP PERIOD THAT
HE/SHE REQUIRES FURTHER TREATMENT AND
REHABILITATION, IT SHALL REPORT TO THE COURT,
WHICH SHALL ORDER HIS/HER RECOMMITMENT TO
THE CENTER.

“SHOULD THE DRUG DEPENDENT, HAVING BEEN
COMMITTED TO A CENTER UPON PETITION BY THE
BOARD ESCAPE THEREFROM, HE/SHE MAY RESUBMIT
HIMSELF/HERSELF FOR CONFINEMENT WITHIN ONE
(1) WEEK FROM THE DATE OF HIS/HER ESCAPE; OR
HIS/HER PARENT, SPOUSE, GUARDIAN OR RELATIVE
WITHIN THE FOURTH DEGREE OF CONSANGUINITY OR
AFFINITY MAY, WITHIN THE SAME PERIOD,
SURRENDER HIM FOR RECOMMITMENT. IF, HOWEVER,
THE DRUG DEPENDENT DOES NOT RESUBMIT
HIMSELF/HERSELF FOR CONFINEMENT OR HE/SHE IS
NOT SURRENDERED FOR RECOMMITMENT, THE



BOARD MAY APPLY WITH THE COURT FOR THE
ISSUANCE OF THE RECOMMITMENT ORDER. UPON
PROOF OF PREVIOUS COMMITMENT, THE COURT
SHALL ISSUE AN ORDER FOR RECOMMITMENT. IF,
SUBSEQUENT TO SUCH RECOMMITMENT, HE/SHE
SHOULD ESCAPE AGAIN, HE/SHE SHALL NO LONGER
BE EXEMPT FROM CRIMINAL LIABILITY FOR USE OF
ANY DANGEROUS DRUG.

“A DRUG DEPENDENT COMMITTED UNDER THIS
PARTICULAR SECTION WHO IS FINALLY DISCHARGED
FROM CONFINEMENT SHALL BE EXEMPT FROM
CRIMINAL LIABILITY UNDER SECTION 15 OF THIS ACT,
WITHOUT PREJUDICE TO THE OUTCOME OF ANY
PENDING CASE FILED IN COURT. ON THE OTHER
HAND, A DRUG DEPENDENT WHO IS _ NOT
REHABILITATED AFTER A SECOND COMMITMENT TO
THE CENTER SHALL, UPON CONVICTION BY THE
APPROPRIATE COURT, SUFFER THE SAME PENALTIES
PROVIDED FOR UNDER SECTION 15 OF THIS ACT
AGAIN WITHOUT PREJUDICE TO THE OUTCOME OF
ANY PENDING CASE FILED IN COURT.”

SEC. 22. Section 62 of Republic Act No. 9165, otherwise known as the
Comprehensive Dangerous Drugs Act of 2002, is hereby amended to read as
follows:

“SEC. 62. Compulsory Submission of a Drug Dependent

Charged with an Offense to Treatment and Rehabilitation. —

If a [person charged with an offense where the imposable

penalty is imprisonment of less than six (6) years and one

(1) day, and is found by] RESPONDENT OR ACCUSED IN

A CRIMINAL CASE WHO APPEARS TO BE A DRUG

DEPENDENT TO the prosecutor or by the court, at any

stage of the proceedings, [to be a drug dependent] the

prosecutor or the court as the case may be, shall suspend all

further proceedings and transmit copies of the record of the

case to the Board FOR DRUG DEPENDENCY

EXAMINATION.

“[In the event the Board determines, after medical
examination,] IF FOUND TO BA DRUG DEPENDENT AND.
that public interest requires that such drug dependent be
committed to a center for treatment and rehabilitation, [it]
THE BOARD shall file a petition for his/her commitment with
the regional trial court of the province or city where he/she is
being investigated [or tried]: Provided, That where a criminal
case is pending in court, such petition shall be filed in the
said court. The court shall take judicial notice of the prior
proceedings in the case and shall proceed to hear the
petition. If the court finds him to be a drug dependent, it shall
order his/her commitment to a Center, RECOMMENDED BY

sibel. saab


THE BOARD, for treatment and rehabilitation FOR NOT
MORE THAN SIX (6) MONTHS. PROVIDED, THAT IF THE
DEPENDENT IS A DETENTION PRISONER, HE/SHE
SHALL BE COMMITTED IN A CENTER OPERATED AND
MAINTAINED BY THE PROVINCIAL JAIL OR THE
BUREAU OF JAIL MANAGEMENT AND PENOLOGY
WHERE HE/SHE IS BEING DETAINED, TO BE
DETERMINED BY THE BOARD. The head of said Center
shall submit to the court AND TO THE BOARD [every four
(4) months, or as often as the court may require] a
MONTHLY written report on the progress of the treatment.
[If the dependent is rehabilitated, as certified by the Center
and the Board, he/she shall be returned to the court, which
committed him, for his/her discharge therefrom.) THE
CENTER, WITH PRIOR NOTICE TO THE BOARD, SHALL
RETURN THE DEPENDENT TO THE COURT WHICH
COMMITTED HIM/HER UPON HIS/HER REHABILITATION
OR AFTER THE LAPSE OF THE SAID PERIOD OF SIX (6)
MONTHS IF NOT REHABILITATED, WITH A
CERTIFICATION WHETHER THE DEPENDENT IS
REHABILITATED OR NOT. THE COURT SHALL THEN
ORDER HIS/HER DISCHARGE FROM CONFINEMENT IN

THE CENTER.

“Thereafter, his/her prosecution for any offense punishable
by law shall be instituted or shall continue, as the case may
be. In case of conviction, the judgment shall, if the accused
is certified by the treatment and rehabilitation center to have
maintained good behavior, indicate that he/she shall be
given full credit for the period he/she was confined in the
Center: Provided, however, That when the offense is for
violation of Section 15 of this Act and the accused is not a
recidivist, the penalty thereof shall be deemed to have been
served in the center upon his/her release therefrom after
certification by the Center [and the Board] that he/she is
rehabilitated.”

SEC. 23. Section 63 of Republic Act No. 9165, otherwise known as the

Comprehensive Dangerous Drugs Act of 2002, is hereby amended to read as

follows:

“SEC. 63. Prescription of the Offense Charged Against a
Drug Dependent Under the Compulsory Submission
Program. — — The period of prescription of the offense
charged against a drug dependent under the compulsory
submission program shall not run during the time that the
drug dependent is under confinement in a Center or
otherwise under the treatment and rehabilitation program
approved by the Board.

“[Upon certification of the Center that he/she may
temporarily be discharged from the said Center, the court



shall order his/her release on condition that he/she shall
report to the Board through the DOH for after-care and
follow-up treatment for a period not exceeding eighteen (18)
months under such terms and conditions as may be imposed
by the Board]

“[If at anytime during the after-care and follow-up period, the
Board certifies to his/her complete rehabilitation, the court
shall order his/her final discharge from confinement and
order for the immediate resumption of the trial of the case for
which helshe is originally charged. Should the Board through
the DOH find at anytime during the after-care and follow-up
period that he/she requires further treatment and
rehabilitation, it shall report to the court, which shall order
his/her recommitment to the Center.]

“[Should the drug dependent, having been committed to a
Center upon petition by the Board escape therefrom, he/she
may resubmit himself/herself for confinement within one (1)
week from the date of his/her escape; or his/her parent,
spouse, guardian or relative within the fourth degree of
consanguinity or affinity may, within the same period,
surrender him for recommitment. If, however, the drug
dependent does not resubmit himself/herself for confinement
or he/she is not surrendered for recommitment, the Board
may apply with the court for the issuance of the
recommitment order. Upon proof of previous commitment,
the court shall issue an order for recommitment. If,
subsequent to such recommitment, he/she should escape
again, he/she shall no longer be exempt from criminal
liability for use of any dangerous drug.]

“[A drug dependent committed under this particular Section
who is finally discharged from confinement shall be exempt
from criminal liability under Section 15 of this Act, without
prejudice to the outcome of any pending case filed in court.
On the other hand, a drug dependent who is not rehabilitated
after a second commitment to the Center shall, upon
conviction by the appropriate court, suffer the same
penalties provided for under Section 15 of this Act again
without prejudice to the outcome of any pending case filed in
court"

SEC. 24. Section 66 of Republic Act No. 9165, otherwise known as the
Comprehensive Dangerous Drugs Act of 2002, is hereby amended to read as
follows:

“SEC. 66. Suspension of Sentence of a First-Time Minor

Offender. — An accused who is over fifteen (15) years BUT

LESS THAN EIGHTEEN (18) YEARS of age at the time of

the commission of [the] ANY offense mentioned in [Section

11 off this Act EXCEPT SECTION 15, [but not more than

stalls: =



eighteen (18) years of age at the time when judgment should
have been promulgated after having been found guilty of
said offense,] may be given the benefits of a suspended
sentence], subject to the following conditions:].

“[a) He/she has not been previously convicted of violating
any provision of this Act, or of the Dangerous Drugs Act of
1972, as amended, or of the Revised Penal Code, or of any
special penal laws]

“[b) He/she has not been previously committed to a center or
to the care of a DOH-accredited physician; and]

“[c) The Board favorably recommends that his/her sentence
be suspended.]

4 x x

“[In the case of minors under fifteen (15) years of age at the
time of the commission of any offense penalized under this
Act, Article 192 of Presidential Decree No. 603, otherwise
known as the Child and Youth Welfare Code, as amended
by Presidential Decree No. 1179 shall apply, without
prejudice to the application of the provisions of this Section J”

SEC. 25. Section 68 of Republic Act No. 9165, otherwise known as the

Comprehensive Dangerous Drugs Act of 2002, is hereby amended to read as

follows:

“SEC. 68. Privilege of Suspended Sentence to be Availed of
Only Once by a First-Time Minor Offender. - The privilege of
suspended sentence shall be availed of only once by an
accused drug dependent who is a first-time offender over
fifteen (15) years BUT NOT MORE THAN EIGHTEEN (18)
YEARS of age at the time of the commission of the [violation
of Section 15] OFFENSE PUNISHABLE UNDER [of] this
Act [but not more than eighteen (18) years of age at the time
when judgment should have been promulgated.]”

SEC. 26. Section 78 of Republic Act No. 9165, otherwise known as the

Comprehensive Dangerous Drugs Act of 2002, is hereby amended to read as

follows:

“SEC. 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 in any of the following fields, 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 both 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. OF THESE TWO (2) OTHER MEMBERS, THE
PRESIDENT SHALL DESIGNATE A VICE-CHAIRMAN
AND AN EXECUTIVE DIRECTOR.

“The other [twelve (12)] FIFTEEN (15) members who shall
be ex officio members of the Board are the following:

"4) Secretary of the Department of Justice [or his/her
representative];

“2) Secretary of the Department of Health for his/her
representative];

“3) Secretary of the Department of National Defense [or
his/her representative];

“4) Secretary of the Department of Finance [or his/her

representative];
“5) Secretary of the Department of Labor and Employment

[or his/her representative];

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

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

*8) Secretary of the Department of Foreign Affairs [or
his/her representative];

“9) — Secretary of the Department of Education [or his/her
representative];

“10) SECRETARY OF THE DEPARTMENT OF
AGRICULTURE;

“41) SECRETARY OF THE DEPARTMENT OF
TRANSPORTATION AND COMMUNICATION:

“12) SECRETARY OF THE DEPARTMENT OF BUDGET
AND MANAGEMENT;

capes



“43) Chairman of the Commission on Higher Education [or
his/her representative];

“14) — Chairman of the National Youth Commission; and

“45) Director General of the Philippine Drug Enforcement
Agency.

“[Cabinet secretaries who are] EX OFFICIO members of the
Board may designate their duly authorized and permanent
representatives whose EQUIVALENT ranks shall in no case
be lower than [undersecretary] ASSISTANT SECRETARY.

x x

“(a) The president of the Integrated Bar of the Philippines
OR HIS/HER AUTHORIZED REPRESENTATIVE; and

x x x

“The Director of the NBI and the Chief of the PNP shall be
the permanent consultants of the Board, and shall attend
all the meetings of the Board. THEY MAY DESIGNATE
THEIR DULY AUTHORIZED AND PERMANENT
REPRESENTATIVES WHOSE RANKS SHALL IN NO
CASE BE LOWER THAN SERVICE DIRECTOR.

“THE BOARD SHALL CONSTITUTE AN EXECUTIVE
COMMITTEE, TO BE COMPOSED OF THE CHAIRMAN,
THE VICE-CHAIRMAN, THE EXECUTIVE DIRECTOR OF
THE BOARD, THE DIRECTOR GENERAL OF PDEA,
AND THE CHAIRMEN OF THE STANDING
COMMITTEES, WHICH MAY ACT FOR AND IN BEHALF
OF THE BOARD AND SHALL MEET AS OFTEN AS
NECESSARY UPON THE CALL OF THE CHAIRMAN,
OR IN HIS ABSENCE OR INCAPACITY, BY THE VICE-
CHAIRMAN WHO IN SUCH AN EVENT SHALL PRESIDE
OVER THE MEETING OF THE EXECUTIVE
COMMITTEE.

“THE BOARD SHALL ENGAGE THE SERVICE OF
OTHER CONSULTANTS, WHO ARE DEEMED EXPERTS
IN DRUG ABUSE PREVENTION AND CONTROL
POLICIES, STRATEGIES AND PROGRAMS AND
INTERNATIONAL DRUG CONVENTIONS SUBJECT TO
THE PERTINENT BUDGETRAY LAWS, RULES AND
REGULATIONS ON CMPENSATION, HONORARIA AND
ALLOWANCES.



“All members [of the Board] as well as [its permanent] THE
consultants shall receive FROM THE BOARD 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 of the
[permanent] consultant of the Board attends a meeting in
behalf of the latter, such representative shall be entitled to
receive the per diem.”

SEC. 27. There shall be added as powers and duties of the Board

under Section 81 of Republic Act No. 9165, after paragraph (w), a new

paragraph numbered (x) and (y), to read as follows:

“SEC. 81. Powers and Duties of the Board. —

x x x

“(x). ENLIST THE ASSISTANCE OF ANY BRANCH,
DEPARTMENT, BUREAU, OFFICE, AGENCY OR
INSTRUMENTALITY OF THE GOVERNMENT
INCLUDING GOVERNMENT-OWNED AND
CONTROLLED CORPORATIONS, IN
UNDERTAKING THE MANDATE OF THE BOARD
IN THE FORMULATION, DEVELOPMENT,
ESTABLISHMENT AND IMPLEMENTATION OF A
COMPREHENSIVE, INTEGRATED, UNIFIED AND
BALANCED NATIONAL DRUG ABUSE
PREVENETION AND CONTROL STRATEGY.

“(y). ENGAGE THE SERVICES OF OTHER
CONSULTANTS, WHO ARE DEEMED EXPERTS IN
DRUG ABUSE PREVENTION AND CONTROL
POLICIES, STRATEGIES AND PROGRAMS, AND
INTERNATIONAL DRUG CONVENTIONS,
SUBJECT TO THE PERTINENT BUDGETARY
LAWS, RULES AND REGULATIONS ON
COMPENSATION, HONORARIA AND
ALLOWANCES.”

SEC. 28. There shall be incorporated after Section 86 of Repubiic Act

No. 9165, otherwise known as the Comprehensive Dangerous Drugs Act of

2002, a new section to read as follows:

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

i x



SEC. 29. Section 87 of Republic Act No. 9165, otherwise known as the
Comprehensive Dangerous Drugs Act of 2002, is hereby amended to read as

follows:

SEC. 30. Section 93 of Republic Act No. 9165, otherwise known as the
Comprehensive Dangerous Drugs Act of 2002, is hereby amended to read as

follows:

aeiiligss-

“SEC. 86-A. Relationship between PDEA and
Other Law Enforcement Agencies. — IN THE
ENFORCEMENT OF THIS ACT, THE PHILIPPINE
DRUG ENFORCEMENT AGENCY SHALL BE THE
LEAD AGENCY, WHILE THE ANTI-DRUG UNITS
OF THE PNP, NBI AND OTHER LAW
ENFORCEMENT AGENCIES SHALL CONTINUE
TO CONDUCT ANTI-DRUG OPERATIONS IN
SUPPORT OF PDEA : PROVIDED, THAT SAID
AGENCIES SHALL INFORM PDEA OF THEIR ANTI-
DRUG OPERATIONS AND ACTUAL CUSTODY OF
THE SUSPECTS OR SEIZURES OF ANY DRUGS
AND SUBSTANCES: PROVIDED, FURTHER THAT
SAID AGENCIES SHALL FURNISH PDEA WITH
THE COMPLETE CASE RECORDS, AS SOON AS
PRACTICABLE, AFTER THE FILING OF THE
CASE.”

“SEC. 87. Appropriations. —
24 xk

“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
no amount shall be disbursed to cover the operating
expenses of the Board and other concerned
agencies. [Provided, further, That at least fifty percent
(50%) of all the funds shall be reserved for assistance
to government-owned and/or operated rehabilitation
centers.]

x x

“SEC.93. Reclassification, Addition or Removal of
Any Drug OR CHEMICAL from the List of Dangerous
Drugs AND/OR CONTROLLED PRECURSORS AND
ESSENTIAL CHEMICALS —

we
6



“The Board shall have the power to reclassify, add to
or remove from the list of dangerous drugs OR
CONTROLLED PRECURSORS AND ESSENTIAL
CHEMICALS ANY DANGEROUS DRUG, OR
OTHER SUBSTANCE OR CHEMICAL. Proceedings
to reclassify, add, or remove a drug or other
substance OR CHEMICAL may be initiated, MOTU
PROPIO BY THE BOARD, OR by the PDEA, the
DOH, or by petition from any interested party,
including the manufacturer of a drug, OR OTHER
SUBSTANCE OR CHEMICAL, a medical society or
association, a pharmacy association, a public interest
group concerned with drug 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 OTHER
SUBSTANCE OR CHEMICAL. The BOARD OR
PDEA also may begin an investigation of a drug, OR
OTHER SUBSTANCE OR CHEMICAL 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 DRUG, OR
OTHER substance OR CHEMICAL proposed to be
reclassified, added or removed from control:

x x

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

“d) Its history and current pattern of abuse AND
DIVERSION;

“e) The scope, duration, and significance of abuse
AND DIVERSION:

XK x

“g) Whether the substance OR CHEMICAL is an
immediate precursor of a substance already
controlled under this Act

OX x

“The [Dangerous Drugs] Board shall give notice to the
general public of the public hearing of the

33



reclassification, addition to or removal from the list
any drug OR OTHER SUBSTANCE OR CHEMICAL,
by publishing such notice in any newspaper of
general circulation once a week for two (2) weeks.

“THE BOARD MAY EXEMPT A SUBSTANCE,
PREPARATION OR MIXTURE CONTAINING ANY
DANGEROUS DRUG OR CONTROLLED
PRECURSOR AND ESSENTIAL CHEMICAL FROM
REGULATORY CONTROL PURSUANT TO THIS
ACT SUBJECT TO SUCH CONDITIONS AS
DETERMINED BY THE BOARD THROUGH A
REGULATION TO THIS EFFECT.

“The effect of such reclassification, addition [or],
removal OR EXEMPTION shall be as follows:

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

“b) In case a precursorfs] and essential
chemicallfs] is reclassified as A 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;

“c) In case of the addition of a new drug, OR
OTHER SUBSTANCE OR CHEMICAL to the list of
dangerous drugs [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 OTHER
SUBSTANCE OR CHEMICAL from the list of
dangerous drugs [and] OR CONTROLLED
precursors and essential chemicals, all persons
convicted and/or detained [for the use and/or
possession of such a drug] INVOLVING THE SAME
shall be automatically released and all pending
criminal prosecution [involving such a drug] under this
Act shall forthwith be dismissed; [and]



“E) IN CASE OF EXEMPTION OF A
SUBSTANCE, PREPARATION OR MIXTURE
CONTAINING ANY DANGEROUS DRUG OR
CONTROLLED PRECURSOR AND ESSENTIAL
CHEMICAL FROM REGULATORY CONTROL, ALL
PERSONS CONVICTED AND/OR DETAINED
INVOLVING THE SAME SHALL BE
AUTHOMATICALLY RELEASED AND ALL
PENDING CRIMINAL PROSECUTION UNDER THIS.
ACT SHALL FORTHWITH BE DISMISSED; AND

“[e]F) The Board shall, within five (5) days from the
date of its promulgation submit to Congress a detailed
reclassification, addition, or removal of any drug OR
OTHER SUBSTANCE OR CHEMICAL from the list of
dangerous drugs OR CONTROLLED PRECURSORS
AND ESSENTIAL CHEMICALS, OR EXEMPTIONS
OF A SUBSTANCE, PREPARATION OR MIXTURE
CONTAINING ANY DANGEROUS DRUG OR
CONTROLLED PRECURSOR AND ESSENTIAL
CHEMICAL.”
SEC. 31. Separability Clause. - If any provision or part hereof is held
invalid, or unconstitutional, the remainder of the law or the provision not

otherwise affected shall remain valid and subsisting.

SEC. 32. Repealing Clause. — All laws, presidential decrees or
issuances, executive orders, letters of instruction, administrative orders, rules
and regulations contrary to or inconsistent with the provisions of this Act are
hereby repealed, modified or amended accordingly.

SEC. 33. Effectivity. — This Act shall take effect fifteen (15) days after

its complete publication in at least two (2) newspapers of general circulation

Approved,