Republic of the Philippines
HOUSE OF THE REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

154
HOUSE BILL No.

Introduced by REPRESENTATIVES ALFREDO A. GARBIN, Jr. and
ELIZALDY S. CO

AN ACT PROVIDING FOR THE LEGAL PROCEDURE IN THE DISPOSITION AND
REHABILITATION OF DRUG DEPENDENTS AND/OR DRUG PUSHERS OR
DEALERS WHO VOLUNTARILY SURRENDER, AMENDING FOR THE PURPOSE
RA 9165, AS AMENDED

EXPLANATORY NOTE

The Philippine government, under the stewardship of President Rodrigo Roa
Duterte, is gaining traction in its war against illegal drugs. A strong proactive stance
against the illegal drug trade is being undertaken; and, while the final outcome of this
war is yet to be determined, there is a need to address the other aspects of the issue of
illegal drugs.

The news is abounding with reports that hundreds of thousands of Filipinos have
voluntarily surrendered to the authorities, confessing that they are either pushers or
users of illegal substances. The authorities on the other hand did not anticipate such
influx of surrenderees, as this phenomenon is unprecedented in the history of the
Philippines.

Unfortunately, there is currently no legislation that addresses this situation
Republic Act 9165, or the “Comprehensive Dangerous Drugs Act of 2002", as amended,
failed to provide the answers. There being an uncertainty on the course of action to be
taken, the authorities merely register or list down the names of the surrenderees, and
release these self-confessed drug addicts and pushers back to the general public.

The proposed piece of legislation seeks to rectify this vacuum in the law and
provide clear guidelines for the disposition of these surrenderees. Undersigned
legislators propose that the surrenderees, after a positive determination of their drug
dependence, shall be required to undergo mandatory treatment and rehabilitation

The mandatory treatment for confirmed drug dependents, not otherwise falling
into other provisions of the Comprehensive Dangerous Drugs Act of 2002, is necessary
since drug dependency is a psychological disorder, which needs to be corrected;
otherwise, the citizens who took the first step towards reformation may return to their old
ways. As defined by the law, drug dependence is ‘a cluster of physiological, behavioral
and cognitive phenomena of variable intensity, in which the use of psychoactive drug
takes on a high priority thereby involving, among others, a strong desire or a sense of
compulsion to take the substance and the difficulties in controlling substance-taking
behavior in terms of its onset, termination, or levels of use.”



af this bill is earnestly sought

s.co


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Republic of the Philippines
HOUSE OF THE REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS,
First Regular Session

HOUSE BILL No. _1547

Introduced by REPRESENTATIVES ALFREDO A. GARBIN, Jr. and
ELIZALDY S. CO

AN ACT PROVIDING FOR THE LEGAL PROCEDURE IN THE DISPOSITION AND
REHABILITATION OF DRUG DEPENDENTS AND/OR DRUG PUSHERS OR
DEALERS WHO VOLUNTARILY SURRENDER, AMENDING FOR THE PURPOSE
RA 9165, AS AMENDED

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

Section 1. Section 3 or RA 9165, as amended by RA 10640, is hereby amended to
read as follows:

A) 0x
ood

LL) SURRENDEREE — ANY PERSON WHO, CLAIMING THAT HE OR SHE IS A
DRUG DEPENDENT AND/OR DRUG DEALER OR PUSHER, SURRENDERS TO
ANY OFFICER/S OR MEMBER/S OF EITHER THE PHILIPPINE DRUG
ENFORCEMENT AGENCY (PDEA), NATIONAL BUREAU OF INVESTIGATION
(NBI), OR PHILIPPINE NATIONAL POLICE (PNP).

Section 1. There is hereby inserted a new sub-section 54-A, under Section 54, which
shall read as follows:

Section 54. xxx

SUB-SECTION 54-A. VOLUNTARY SURRENDER OF A DRUG
DEPENDENT - A SURRENDEREE, WHO ADMITS TO BE A DRUG
DEPENDENT BUT NOT A DRUG PUSHER OR DEALER, SHALL BE
ENDORSED BY SUCH PDEA/NBI/PNP OFFICER/S OR MEMBERI/S TO
A DOH-ACCREDITED PHYSICIAN FOR EXAMINATION. SHOULD THE
PHYSICIAN FIND THE NEED FOR REHABILITATION, THE
SURRENDEREE SHALL VOLUNTARILY SUBMIT FOR CONFINEMENT
AND REHABILITATION IN THE NEAREST CENTER: 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. PROVIDED
FURTHER, THAT SHOULD THE SURRENDEREE REFUSE TO SUBMIT


TO CONFINEMENT AND REHABILITATION, HE/SHE WILL BE
CHARGED ACCORDINGLY PURSUANT TO SECTION 5.

Section 1. There is hereby inserted a new sub-section 54-B, under
Section 54, which shall read as follows:

Section 54. .0x
200

SUB-SECTION 54-B. VOLUNTARY SURRENDER OF A DRUG
PUSHER/DEALER — A SURRENDEREE, WHO ADMITS TO ANY OF
THE ACTS PUNISHABLE UNDER SECTION 5 OF THIS ACT, SHALL
BE IMMEDIATELY REFERRED BY THE OFFICER/S OR MEMBER/S
OF THE PDEA/NBI/PNP, WITHIN 24 HOURS, TO THE APPROPRIATE
PROSECUTOR. THE PROSECUTOR WILL AUTOMATICALLY
CHARGE THE SAID SURRENDEREE BEFORE THE COURT. THE
COURT WILL SCHEDULE THE ARRAIGNMENT OF THE
SURRENDEREE WITHIN 48 HOURS FROM FILING OF INFORMATION.
UPON ARRAIGNMENT, THE COURT WILL RENDER JUDGMENT ON
THE SAME DAY. PROVIDED, THAT THE COURT SHOULD
AUTOMATICALLY SUSPEND THE SENTENCE AND COMMIT THE
SURRENDEREE TO A_DOH-ACCREDITED PHYSICIAN FOR
EXAMINATION. IF THE EXAMINATION BY A DOH-ACCREDITED
PHYSICIAN RESULTS IN THE ISSUANCE OF A CERTIFICATION
THAT THE SURRENDEREE IS ALSO A DRUG DEPENDENT, HE/SHE
SHALL BE ORDERED TO UNDERGO TREATMENT AND
REHABILITATION IN THE NEAREST CENTER FOR A PERIOD OF
NOT LESS THAN SIX (6) MONTHS: PROVIDED FURTHER, THAT SAID
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.

A DRUG DEALER SURRENDEREE WHO, UPON
EXAMINATION, IS FOUND NOT TO BE A DRUG DEPENDENT, SHALL
BE RELEASED AND PLACED UNDER A WATCHLIST. INCLUSION IN
THE WATCHLIST WILL BE AN AGGRAVATING CIRCUMSTANCE
SHOULD THE SURRENDEREE BE SUBSEQUENTLY ARRESTED OR
APPREHENDED IN VIOLATION OF SECTION 5 AND/OR 15 OF THIS
ACT.

Section 4. Implementing Rules and Regulations. The Philippine Drug Enforcement
Agency (PDEA) and the Dangerous Drugs Board, in consultation with the Department of
Justice (DOJ), Department of Health (DOH), National Bureau of Investigation (NB!) and
the Philippine National Police, shall issue the necessary Implementing Rules and
Regulations.

Section 5. Provisions affected by these amendments shall be renumbered accordingly.

Section 6. Separability Clause. If any provision or part hereof is declared invalid or
unconstitutional, the remainder of this Act or provision not affected shall remain in full
force and effect


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Section 7. Repealing Clause. All laws, Presidential Decrees, Executive Orders, rules
and regulations or parts thereof inconsistent with the provisions of this Act are hereby
repealed, amended or modified accordingly.


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Section 8. Effectivity Clause. This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in at least two (2) newspapers of general
circulation, whichever comes earlier.

Approved,