7
EIGHTEENTH CONGRESS OF THE } 
REPUBLIC OF THE PHILIPPINES 
}
F irst R e g u la r S ession  
}
S E N A T E  
S.B. No. 2 4 2
a  
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*19 JUL-8 P12--02
RECci.-C. 1
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INTRODUCED BY SENATOR VICENTE C. SOTTO III
AN ACT
STREAMLINING THE PROCESS FOR THE ADMISSION OF DRUG 
DEPENDENTS IN GOVERNMENT DRUG REHABILITATION 
FACILITIES, AMENDING FOR THE PURPOSE SECTION 3, 54, 77 
AND 81 OF REPUBLIC ACT NO. 9165, OTHERWISE KNOWN AS 
THE COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002
EXPLANATORY NOTE
In the Philippines, there is a stigma that a known user of 
prohibited drugs is deemed as a continuing nuisance to the society. 
According to the National Institute on Drug Abuse, like other chronic 
diseases, addiction can be managed successfully. Treatment enables 
people to counteract addiction’s powerful disruptive effects on the 
brain and behavior and to regain control of their lives.1
Under our Constitution, it is the policy of the State to protect 
and promote the right to health of the people and instill health 
consciousness among them.
* h ttp s:/ / WWW.drugabuse.gov/publications/pnnciplcs-dm g-ad<lirLion-treatiiient-reseai'ch-based-guide- 
tliird-edition/frequently-asked-quest io ns/liow-efTective-dmg-addiction-treatm ent
1


With 
the campaign against illegal drugs now in 
full 
implementation, thousands of users are voluntary submitting 
themselves to reform and undergo drug rehabilitation treatment. 
However, one of the challenges faced by the surge of these drug users 
or dependents is the delay in the process of admission for treatment in 
government facilities.
Under Republic Act 9165 or the Comprehensive Dangerous 
Drugs Act of 2002, a voluntary patient to be admitted in a government 
treatment facility must secure a court order. The court shall hear the 
petition for confinement before the court granting such. This litigious 
proceeding is a tedious and long process, while the treatment being 
applied for can be completed within si.x (6) months the least.
To streamline this process, this bill aims to require that the 
petition for voluntary confinement be a non-litigious matter before the 
Dangerous Drugs Board. The prompt disposition of petitions will 
facilitate the timely rehabilitation of the accused and their eventual 
reintegration to the society and the working force.
Hence, in the interest of justice, health and for the mutual benefit 
of the State and the drug dependents, the passage of this bill is 
earnestly sought.
VICENTE C. SOTTO III


EIGHTEENTH CONGRESS OF THE } 
REPUBLIC OF THE PHILIPPINES 
}
First R egular Session 
}
r'\ 
^CVvv\L'
o( tljf
•19 
JUL " 8  
P'2 :0 2
S E N A T E  
S.B. No. 2 4 2
RECtl'itl- b'
INTRODUCED BY SENATOR VICENTE C. SOTTO III
AN ACT
STREAMLINING THE PROCESS FOR THE ADMISSION OF DRUG 
DEPENDENTS IN GOVERNMENT DRUG REHABILITATION 
FACILITIES, AMENDING FOR THE PURPOSE SECTION 3, 54, 77 
AND 81 OF 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:
1 
SECTION 1. Section 3 of Republic Act 9165 is hereby amended to add
2 
the following provisions:
3 
Section 3. Definitions. As used in this Act, the folIouAng terms shall
4 
mean:
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DOH-ACCREDITED 
PHYSICIAN. 
- 
A 
PHYSICIAN 
WITH
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BACKGROUND 
AND 
EXPERIENCE 
ON
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PSYCHOLOGICAL/BEHAVIORAL MEDICINE WHOSE APPLICATION
8 
HAS BEEN APPROVED AND DULY AUTHORIZED BY THE DOH TO


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CONDUCT DRUG DEPENDENCY EXAMINATION AND TREATMENT
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ON PERSONS BELIEVED TO BE USING DANGEROUS DRUGS.
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DRUG 
DEPENDENCY 
EXAMINATION. 
- 
A 
PROCEDURE
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CONDUCTED 
BY 
THE 
DOH-ACCREDITED 
PHYSICIAN 
TO
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EVALUATE THE EXTENT OF DRUG ABUSE OF A PERSON AND TO
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DETERMINE 
WHETHER 
OR 
NOT 
HE/SHE 
IS 
A 
DRUG
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DEPENDENT, WHICH INCLUDES HISTORY TAKING, INTAKE
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INTERVIEW, DETERMINATION OF THE CRITERIA FOR DRUG
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DEPENDENCY, MENTAL AND PHYSICAL STATUS, AND THE
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DETECTION OF DANGEROUS DRUGS IN THE BODY SPECIMENS
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THROUGH LABORATORY PROCEDURES.
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REHABILITATIVE SURVEILLANCE. - INTENSIVE SUPERVISION
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AND MONITORING OF A CLIENT UNDERGOING OUTPATIENT
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TREATMENT, PROBATION, SUSPENDED SENTENCE AND/ OR
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AFTERCARE PROGRAMS TO DETERMINE HIS/HER COMPLIANCE
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OF A DRUG FREE STATE, HIS/HER SOCIAL RESPONSIBILITIES
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AND HIS/HER RETURN AS A PRODUCTIVE MEMBER OF THE
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SOCEITY.
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SECTION 2. Section 54 of Republic Act 9165 is hereby amended to
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read as follows:
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Section 54. Voluntary Submission of a Drug Dependent to Confinement,
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Treatment and Rehabilitation. - A drug dependent, [or any person who
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violates Section 15 of this Act] may, by himself/herself or through
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his/her parent, spouse, guardian or relative within the fourth degree
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of consanguinity or affinity, [apply to the Board or its duly recognized
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representative, 
for treatment and 
rehabilitation 
of the 
drug
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dependency ] FILE A VERIFIED APPLICATION TO THE BOARD, OR
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ITS DULY AUTHORIZED REPRESENTATIVE, FOR VOLUNTARY
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CONFINEMENT FOR TREATMENT AND REHABILITATION.


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UPON RECEIPT OF THE VERIFIED APPLICATION, THE BOARD OR
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ITS DULY AUTHORIZED REPRESENTATIVE SHALL ORDER THAT
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THE APPLICANT OR THE PERSON IN WHOSE BEHALF THE
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APPLICATION IS FILED, BE EXAMINED FOR DRUG DEPENDENCY
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BY TWO (2) DOH-ACCREDITED PHYSICIANS.
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IF BOTH PHYSICIANS CONCLUDE THAT THE APPLICANT IS A
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DRUG DEPENDENT, THE BOARD SHALL ORDER HIS/HER
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IMMEDIATE 
CONFINEMENT 
AND 
TREATMENT 
UPON 
THE
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RECOMMENDATION OF THE PHYSICIANS. IF ONLY ONE FINDS
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HIM/HER TO BE A DRUG DEPENDENT, THE BOARD SHALL
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CONDUCT 
A 
HEARING 
AND 
CONSIDER 
ALL 
RELEVANT
12 
EVIDENCE, WHICH MAY BE OFFERED.
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[Upon such application, the Board shall bring forth the matter to the
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Court, which shall order that the applicant be examined for drug
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dependency. If the examination by a DOH-accredited physician results
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in the issuance of a certification that the applicant is a drug
17 
dependent, he/she shall be ordered by the Court to undergo
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treatment and rehabilitation in a Center designated by the Board]
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THE ORDER OF CONFINEMENT AND TREATMENT MAY BE IN A
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GOVERNMENT OR PRIVATE TREATMENT AND REHABILITATION
21 
CENTER DESIGNATED BY THE BOARD, AT THE OPTION OF THE
22 
APPLICANT. THE APPLICANT SHALL BEAR THE TREATMENT AND
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REHABILITATION COSTS IF HE/SHE OPTED TO BE TREATED IN
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A PRIVATE REHABILITATION INSTITUTION. SUCH CONFINEMENT
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SHALL BE for a period of not less than six (6) months: Provided, That
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a drug dependent may be placed under the care of a DOH-accredited
27 
physician where there is no Center near or accessible to the residence
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of the drug dependent or where said drug dependent is below eighteen
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(18) years of age and is a first-time offender and non-confinement in a


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Center will not pose a serious danger to his/her family or the
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community.
3 
Confinement in a Center for treatment and rehabilitation shall not
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exceed one (1) year, after which time [the Court, as well as] the Board,
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shall be apprised by the head of the treatment and rehabilitation
6 
center of the status of said drug dependent and determine whether
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further confinement will be for the welfare of the drug dependent and
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his/her family or the community.
9 
SECTION 3. Section 77 of Republic Act 9165 is hereby amended to
10 
read as follows;
11 
Section 77. The Dangerous Drugs Board. -  The Board shall be the
12 
policy-making and strategy-formulating body in the planning and
13 
formulation of policies and programs on drug prevention and control.
14 
It shall develop and adopt comprehensive, integrated, unified and
15 
balanced national drug abuse prevention and control strategy. It shall
16 
be under the Office of the President. THE BOARD SHALL HAVE A
17 
QUASI-JUDICIAL 
POWER 
TO 
DETERMINE 
THE 
DRUG
18 
DEPENDENCY OF A PERSON AND ISSUE A CONFINEMENT ORDER
19 
IN 
RELATION 
TO 
THE 
VOLUNTARY 
APPLICATION 
FOR
20 
REHABILITATION AND TREATMENT OF DRUG DEPENDENTS.
21 
ANY PERSON AGGRIEVED BY AN ORDER OR DECISION OF THE
22 
BOARD, IN RELATION TO THE CONFINEMENT AND TREATMENT
23 
ORDER FOR DRUG DEPENDENTS, MAY APPEAL THE ORDER OR
24 
DECISION TO THE COURT OF APPEALS BY PETITION FOR
25 
REVIEW IN ACCORDANCE WITH THE PERTINENT PROVISIONS
26 
OF THE RULES OF COURT.
27 
SECTION 4. Section 81 of Republic Act 9165 is hereby amended to
28 
read as follows:


1 
Section 81. Powers and Duties of the Board. -  The Board shall:
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(a) 
Formulate, 
develop and establish a comprehensive, 
integrated, unified and balanced national drug use prevention 
and control strategy;
(b) Promulgate such rules and regulations as may be necessary 
to carry out the purposes of this Act, including the manner of 
safekeeping, disposition, burning or condemnation of any 
dangerous drug and/or controlled precursor and essential 
chemical under its charge and custody, and prescribe 
administrative remedies or sanctions for the violations of such 
rules and regulations;
(c) Conduct policy studies, program monitoring and evaluations 
and other researches on drug prevention, control and 
enforcement;
(d) Initiate, conduct and support scientific, clinical, social, 
psychological, physical and biological researches on dangerous 
drugs and dangerous drugs prevention and control measures;
(e) Develop an educational program and information drive on 
the hazards and prevention of illegal use of any dangerous drug 
and/or controlled precursor and essential chemical based on 
factual data, and disseminate the same to the general public, 
for which purpose the Board shall endeavor to make the general 
public aware of the hazards of any dangerous drugs and/or 
controlled precursor and essential chemical by providing among 
others, literature, films, displays or advertisements and by 
coordinating with all institutions of learning as well as with all 
national and local enforcement agencies in planning and 
conducting 
its 
educational 
campaign 
programs 
to 
be 
implemented by the appropriate government agencies;


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(f) Conduct continuing seminars for, and consultations with, 
and provide information materials to judges and prosecutors in 
coordination with the Office of the Court Administrator, in the 
case of judges, and the DOJ, in the case of prosecutors, which 
aim to provide them with the current developments and 
programs of the Board pertinent to its campaign against 
dangerous drugs and its scientific researches on dangerous 
drugs, its prevention and control measures;
(g) Design special trainings in order to provide law enforcement 
officers, members of the judiciary, and prosecutors, school 
authorities and personnel of centers with knowledge and know­
how in dangerous drugs and/or controlled precursors and 
essential chemicals control in coordination with the Supreme 
Court to meet the objectives of the national drug control 
programs;
(h) Design and develop, in consultation and coordination with 
the DOH, DSWD and other agencies involved in drugs control, 
treatment and rehabilitation, both public and private, a national 
treatment and rehabilitation program for drug dependents 
including a standard aftercare and community service program 
for recovering drug dependents;
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(i) Design and develop, jointly with the DOLE and in 
consultation with labor and employer groups as well as 
nongovernment organizations a drug abuse prevention program 
in the workplace that would include a provision for employee 
assistance programs for emotionally-stressed employees;
(j) Initiate and authorize closure proceedings against non- 
accredited and/or substandard rehabilitation centers based on 
verified 
reports of human 
rights violations, 
subhuman


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conditions, inadequate medical training and assistance and 
excessive fees for implementation by the PDEA;
(k) Prescribe and promulgate rules and regulations governing 
the establishment of such centers, networks and laboratories as 
deemed necessary after conducting a feasibility study in 
coordination with the DOH and other government agencies;
(l) Receive, gather, collect and evaluate all information on the 
importation, exportation, production, manufacture, sale, stocks, 
seizures of and the estimated need for any dangerous drug 
and/or controlled precursor and essential chemical, for which 
purpose 
the 
Board 
may 
require 
from 
any 
official, 
instrumentality or agency of the government or any private 
person or enterprise dealing in, or engaged in activities having 
to do with any dangerous drug and/or controlled precursors 
and essential chemicals such data or information as it may 
need to implement this Act;
(m) Gather and prepare detailed statistics on the importation, 
exportation, manufacture, stocks, seizures of and estimates 
need for any dangerous drug and/or controlled precursors and 
essential chemicals and such other statistical data on said 
drugs as may be periodically required by the United Nations 
Narcotics Drug Commission, the World Health Organization and 
other international organizations in consonance with the 
country's international commitments;
(n) Develop and maintain international networking coordination 
with international drug control agencies and organizations, and 
implement the provisions of international conventions and 
agreements thereon which have been adopted and approved by 
the Congress of the Philippines;


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(o) Require all government and private hospitals, clinics, 
doctors, dentists and other practitioners to submit a report to it, 
in coordination with the PDEA, about all dangerous drugs 
and/or controlled precursors and essential chemicals-related 
cases to which they have attended for statistics and research 
purposes;
(p) Receive in trust legacies, gifts and donations of real and 
personal properties of all kinds, to administer and dispose the 
same when necessary for the benefit of government and private 
rehabilitation centers subject to limitations, directions and 
instructions from the donors, if any;
(q) Issue guidelines as to the approval or disapproval of 
applications 
for 
voluntary 
treatment, 
rehabilitation 
or 
confinement, wherein it shall issue the necessary guidelines, 
rules and regulations pertaining to the application and its 
enforcement;
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(r) Formulate guidelines, in coordination with other government 
agencies, 
the 
importation, 
distribution, 
production, 
manufacture, compounding, prescription, dispensing and sale 
of, and other lawful acts in connection with any dangerous 
drug, controlled precursors and essential chemicals and other 
similar or analogous substances of such kind and in such 
quantity as it may deem necessaiy according to the medical and 
research needs or requirements of the country including diet 
pills containing ephedrine and other addictive chemicals and 
determine the quantity and/or quality of dangerous drugs and 
controlled precursors and essential chemicals to be imported, 
manufactured and held in stock at any given time by authorized 
importer, manufacturer or distributor of such drugs;


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(s) Develop the utilization of a controlled delivery scheme in 
addressing the transshipment of dangerous drugs into and out 
of the country to neuti'alize transnational crime syndicates 
involved in illegal trafficking of any dangerous drugs and/or 
controlled precursors and essential chemicals;
(t) Recommend the revocation of the pi'ofessional license of any 
practitioner who is an owner, co-owner, lessee, or in the employ 
of the drug establishment, or manager of a partnership, 
corporation, association, or any juridical entity owning and/or 
controlling such drug establishment, and who knowingly 
participates in, or consents to, tolerates, or abets the 
commission of the act of violations as indicated in the preceding 
paragraph, all without prejudice to the criminal prosecution of 
the person responsible for the said violation;
(u) Appoint such technical, administrative and other personnel 
as may be necessary for the effective implementation of this Act, 
subject to the Civil Service Law and its rules and regulations;
(v) Establish a regular and continuing consultation with 
concerned government agencies and medical professional 
organizations to determine if balance exists in policies, 
procedures, rules and regulations on dangerous drugs and to 
provide recommendations on how the lawful use of dangerous 
drugs can be improved and facilitated; and
(w) Submit an annual and periodic reports to the President, the 
Congress of the Philippines and the Senate and House of 
Representatives committees concerned as may be required from 
time to time, and perform such other functions as may be 
authorized or required under existing laws and as directed by 
the President himself/herself or as recommended by the 
congressional committees concerned.


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(X) ORDER EXAMINATION FOR DRUG DEPENDENCY UPON 
RECEIPT OF VERIFIED APPLICATION FOR VOLUNTARY 
CONFINEMENT AND TREATMENT OF DRUG DEPENDENTS, 
HEAR AND DECIDE IN CASES WHERE ONLY ONE DOH- 
ACCREDITED PHYSICIAN CONFIRMS DRUG DEPENDENCY 
AND ISSUE AN ORDER OF CONFINEMENT AND TREATMENT 
THEREOF.
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(Y) ESTABLISH AND MAINTAIN FIELD OFFICES IT MAY 
DEEM 
NECESSARY 
FOR 
THE 
EFFECTIVE 
IMPLEMENTATION OF THE NATIONAL DRUG PREVENTION 
AND CONTROL STRATEGY.
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SECTION 5. Repealing Clause. - All laws, decrees, executive orders, 
issuances or regulations inconsistent with the provisions of this Act 
shall hereby revised or amend accordingly.
SECTION 6. Separability Clause. - If any part of this Act is declared 
unconstitutional or invalid such parts or provisions thereof not so 
declared shall remain valid and subsisting.
SECTION 7. Effectivity Clause. - This Act shall take effect fifteen (15) 
days after its publication in at least two (2) newspaper of general 
circulation.
23 
Approved.
10