Republic of the Philippines
HOUSE OF REPRESENTATIVES

Quezon City

Seventeenth Congress
First Regular Session

HOUSE OF REP! ‘TIVES
H.B. No.

Introduced by Representative H. Harry L. Roque Jr

EXPLANATORY NOTE
The Constitution, Article II, Section 13 provides:
Section 13. The state recognizes the vital role of the youth in nation S.
building and shall promote their physical, moral, spiritual, intellectual and

social well-being. It shall inculcate in the youth patriotism and nationalism,
and encourage their involvement in public and civic affairs.

Our people are more concemed about illegal drug use and crimes associated with such
use than any other current social problem. Illegal drug use is harmful and wrong. Illegal drug
use can kill the individuals involved or cause the individuals to hurt or kill others, and such
Use strips the individuals of their moral sense and with it, everything in life that is important
and worthwhile.

The greatest threat presented by such use is to the youth, who are illegally using
drugs. National leadership is critical to conveying to the youth the message that drug use is
dangerous and wrong. While government's efforts to punish drug pushers are commendable,
the problem cannot be addressed fully if the government will not undertake effort to reduce
drug use, by mobilizing every sector of the community to support the implementation of
comprehensive, sustainable, and effective programs to reduce drug abuse.


This bill seeks to facilitate a significant reduction in the incidence and prevalence of
substance abuse through reducing the demand for illegal drugs and the inappropriate use of

legal drugs.”
HARRY L. ROQUE JR.

This bill was originally filed by Senator Miriam Defensor Santiago during the Sixteenth Congress, First
Regular Session


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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
Seventeenth Congress
First Regular Session

HOUSE OF, TIVES
H.B. No.

Introduced by Representative H. Harry L. Roque Jr.

AN ACT
PROVIDING FOR PROGRAMS TO FACILITATE A SIGNIFICANT REDUCTION IN
THE INCIDENCE AND PREVALENCE OF SUBSTANCE ABUSE THROUGH
REDUCING THE DEMAND FOR ILLEGAL DRUGS AND THE INAPPROPRIATE USE
OF ILLEGAL DRUGS
Be it enacted by the Senate and the House of Representatives of the Philippines in
Congress assembled:

SECTION |. Short Title - This Act shall be known as the “Drug Demand Reduction

TITLE I-TARGETED SUBSTANCE ABUSE
PREVENTION AND TREATMENT PROGRAMS.
Subtitle A-National Youth Anti-Drug Media Campaign

SECTION 2. Requirement to Conduct National Media Campaign. -
(A) _ In General. - The Director of the Dangerous Drugs Board (in this subtitle

referred to as the “Director”), in cooperation with the Department of Education (DepEd), the


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National Youth Commission (NYC), and the Philippine Information Agency (PIA), shall

conduct a national media campaign in accordance with this subtitle for the purpose of

reducing and preventing drug abuse among young people in the Philippines.
(B) Local Target Requirement, ~ The Director shall, to the maximum extent

feasible, use amounts made available to carry out this subtitle for media that focuses on, or

includes specific information on, prevention or treatment resources for consumers within

specific local areas

SECTION 3, Use of Funds. -

(A) Authorized Uses.

(1) In General. ~ Amounts made available to carry out this Act for the support of

national media campaign may only be used for—

(a)
(b)
(c)
(d)
{e)

(g)

(h)

the purchase of media time and space;
talent reuse payments;

out-of-pocket advertising costs ;

testing and evaluation of advertising;

evaluation of the effectiveness of the media campaign;

the negotiated fees for the winning bidder on request for proposals
issued by the Office of National Drug Control Policy;

partnerships with community, civic, and professional groups, and
government organizations related to the media campaign; and
entertainment industry collaborations to fashion antidrug messages in
motion pictures, television programming, popular music, interactive
(internet and news) media projects and activities, public information,

news media outreach, and corporate sponsorship and participation.
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(2) Advertising. - In carrying out this subtitle, the Director shall devote sufficient
funds to the advertising portion of the national media campaign to the stated
reach and frequency goals of the campaign.

(B) Prohibitions, - None of the amounts made available under this subtitle may be

obligated or expended—

(1) to supplant current community based coalitions;

(2) to supplant current pro bono public service time donated by national
and local broadcasting networks;

Q) for partisan political purposes; or

(4) to fund media campaigns that feature any elected officials, persons
seeking elective office, cabinet level officials, and other agency
officials

SECTION 4. Reports to Congress, - The Director shall—

(A) Submit to Congress, on an annual basis, a report on the activities for which
amounts made available under this subtitle have been obligated during the preceding year,
including information for each quarter of such year, and on the specific parameters of the
national media campaign, and

(B) A certification that funds made available under this subtitle will not be used to
supplant local funds, but will be used to increase the amounts of such funds that would, in the
absence of funds, be made available for law enforcement activities, and the programs
developed pursuant to this subtitle meet all requirements of this subtitle.

(C) Review and Approval. - The Director shall approve applications and make
grant awards to units of local governments that show the most promise for accomplishing the

purposes of this subtitle


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SECTION 5. Uses of Funds by Local Government Units. ~ A local government unit
that receives a grant award under this Act shall use funds to provide comprehensive treatment
programs to inmates in prisons or jails, including not less than three (3) of the following:

(A) Tailored treatment programs to meet the special needs of different types of
substance-involved offenders.

(B) Random and frequent drug testing, including a system of sanctions.

(C) Training and assistance for corrections officers and personnel to assist
substance involved offenders.

(D) Clinical assessment of incoming substance-involved offenders.

(E) Availability of religious and spiritual activity and counseling to provide an
environment that encourages recovery from substance involvement in correctional facilities,

(F) Educational and vocational training.

(G) A substance-free correctional facility policy.

SECTION 6. Evaluation and Recommendation Report to Congress. -

(A) Evaluation. -

(1) Jn General. - The Director shall enter into a contract, with an evaluating
agency that has demonstrated experience in the evaluation of substance abuse
‘treatment, to conduct an evaluation that incorporates the criteria.

(2) Evaluation Criteria. - The Director shall establish minimum criteria for
evaluating each program. Such criteria shall include reducing substance abuse
among participants, reducing recidivism among participants, cost
effectiveness of providing services to participants; and a data system that will
produce data


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(B) Report. - The Director shall submit to the appropriate committees of the
Senate and the House of Representatives, at the same time as the President’s budget is
submitted, a report that describes the activities funded by grant awards under this subtitle;
includes the evaluation submitted pursuant to paragraph (A) and makes recommendations

regarding revisions to the authorization of the program, reduction, and termination.

SECTION 7. Definitions. - For purposes of this Act, the term:

(A) “Appropriate committees” mean the Committees on Appropriations of the
House of Representatives and the Senate;

(B) — “Substance-involved offender’ means an individual under the supervision of a
government or local criminal justice system, awaiting trial or serving # sentence imposed by
the criminal justice system, who-

(1) violated or has been arrested for violating a drug or alcohol law;

(2) was under the influence of alcohol or an illegal drug at the time the crime was

committed;

(3) __ stole property to buy illegal drugs, or

(4) has a history of substance abuse and addiction.

(C) “Local government unit” means municipality, city, or province.

SECTION 8. Authorization of Appropriations. ~ There are authorized to be

appropriated such sums as may be necessary to implement this Act.

TITLE II-PROTECTING OUR NEIGHBORHOODS AND SCHOOLS FROM DRUGS.

Subtitle A-Drug-free Teen Drivers


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SECTION 9. Demonstration Program. - The Land Transportation Office (hereinafter
“LTO") shall establish a demonstration program to provide voluntary drug testing for all
teenager applicants, or other first time applicants for a driver's license regardless of age, for a
driver’s license. Information respecting an applicant’s choice not to take the drug test or the
result of the drug test on the applicant shall be made available to the applicant's automobile
insurance company. If an applicant tests positive in the drug test, the L'TO in which the
program is established will not issue a license to the applicant and will require the applicant
to complete a drug treatment program and to not test positive in a drug test before reapplying

for a license.

Subtitle B-Drug-Free Schools

SECTION 10. Authorization of Appropriations. - There is authorized to be

appropriated such sums as may be necessary to carry out this subtitle,

SECTION 11. Authorization for Report Cards on Schools -

(A) In General, ~ The Secretary of Education shall develop, establish, or conduct
innovative programs for implementation in public schools and state colleges and universities
to improve safety and promote the welfare of the students.

(B) Priority. - The Secretary shall give priority to establishing-

(1) Programs that provide parent and teacher notification about incidents of

physical violence, weapon possession, or drug activity on school grounds as
‘soon as practicable.

(2) Programs that provide parents and teachers an annual report regarding-


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(a)

(b)
(c)

the total number of incidents of physical violence, weapon possession,
and drug activity on school grounds,

the percentage of students missing 10 or fewer days of school; and

a comparison, if available, to previous annual reports under this
paragraph, which comparison shall not involve a comparison of more
than five (5) such previous annual reports; and

(3) Programs to enhance school security measures that may include-

(a)

(b)

(©)

equipping schools with fences, closed circuit cameras, and other
physical security measures;

providing increased police patrols in and around elementary schools
and secondary schools, including canine patrols, and

mailings to parents at the beginning of the school year stating that the
possession of a gun or other weapon, or the sale of drugs in school,
will not be tolerated by school authorities.

SECTION 12. Parental Consent to Drug Testing. -
(A) In General. - The Secretary, in cooperation with the Dangerous Drugs Board
and the National Youth Commission, shall develop, establish, or conduct programs for testing

students for illegal drug use with prior parental consent.

(B) Guidelines. - The Secretary shall adapt the following guidelines in
implementing the program:
(1) Students shall only be tested with their parents consent. If the program also

requires the consent of the student, the parent shall be informed of any refusal

by the student to give consent.


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(2) The program may involve random testing or testing of all students within
certain age parameters at a participating school.

(3) Students who test positive for illegal drugs will not be penalized, except that
the privilege of participating in optional courses or extra-curricula activities in
which drug impairment might pose a safety risk such as athletic teams, drivers
education, or industrial arts may be restricted.

(4) The parent of a student who tests positive for illegal drugs shall be notified of
the results in a discrete manner by a health care professional, a counselor, or
other appropriate person. Parents shall be advised of resources that may be
available in the local area to treat drug dependency,

(C) Subpoenas and Discovery. - Test results for tests conducted shall not be

‘subject to subpoena or discovery in any court or administrative forum, without the consent of
the individual’s consent is required.

Subtitle C-Drug-Free Workplaces

SECTION 13. Purposes. - The purposes of this Section are to-

(A) Educate small business concerns about the advantages of a drug-free
workplace;

(B) Provide financial incentives and technical assistance to enable small business
concems to create a drug-free workplace; and

(C) Assist working parents in keeping their children drug-free

SECTION 14. Drug-free Workplace Demonstration Program. -

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(A) Establishment, - There is established a dug-free demonstration program, under

which the Dangerous Drugs Board, shall start a drug-free workplace program.

(B) Requirements for Program. - Any drug-free workplace program established as

a result of this section shall include -

(1) A written policy, including a clear statement of expectations for workplace
behavior, prohibitions against substances in the workplace, and the
consequences of violating such expectations and prohibitions;

(2) Employee drug testing; and

(5) Employee to an employee assistance program, including assessment,
referral, and short-term or long-term problem resolution

TITLE 111 - NATIONAL DRUG CONTROL STRATEGY

SECTION 15. Development, Submission, Implementation, and Assessment of
National Drug Control Strategy. -

(A) Timing, Contents, and Process for Development and Submission of National
Drug Control Strategy. -Not later than sixty (60) days after the promulgation of this Act, the
Director of the Dangerous Drugs Board shall submit to Congress a National Drug Control
Strategy, which shall set forth a comprehensive four-year plan for reducing drug abuse and
the consequences of drug use in the Philippines, by limiting the availability of and reducing
the demand for illegal drugs and shall include quantifiable four-year performance objectives,
targets, and measures for each National Drug Control Strategy goal and objective

(B) Contents. - The National Drug Control Strategy shall include-

(1) Comprehensive, research-based, long-range, quantifiable, goals for reducing

drug abuse and the consequences of drug-abuse in the Philippines;
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(2) Short-term measurable objectives to accomplish long-term quantifiable goals

@)
(4)

ito)

that the Director of the Dangerous Drugs Board determines may be
realistically achieved during the four-year period beginning on the date on
which the strategy is submitted;

Five (5) year projections for program and budget priorities; and

A review of governmental and private sector drug control activities to ensure
that the Philippines pursues well-coordinated and effective drug control at all
levels of government.

Classified Information. - Any contents of the National Drug Control Strategy

that involves information properly classified under criteria established by an Executive Order
shall be presented to Congress separately from the rest of the Strategy.

(D)
()

(2)

GB)

Process for Development and Submission. -
Consultation. - In developing and effectively implementing the National Drug
Control Strategy, the Director shall consult with Congress, provincial and
local officials, private citizens and organizations with experience and expertise
in demand reduction and private citizens and organizations with experience
and expertise in supply reduction.

Modernization and Resubmission. ~ Notwithstanding any other provision of
law, the Director may modify a National Drug Control Strategy submitted
under paragraph (1) at any time

Annual Strategy Report. - Every February 1 of each year, the Director shall
submit to Congress a report on the progress in implementing the Strategy,
which shall include an assessment of the effectiveness in achieving the
Strategy goals and objectives using the performance measurement system,

including an assessment of drug use and availability in the Philippines; and an
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(4)

(5)

(6)

estimate of the effectiveness of interdiction, treatment, prevention, law
enforcement, and intemational programs under the National Drug Control
Strategy in effect during the preceding year, or in effect as of the date on
which the report is submitted;

An assessment of current drug use, including inhalants, and availability,
impact of drug use, and treatment availability, which assessment shall include
estimates of drug prevalence and frequency of use as measured by national,
and local surveys of illicit drug use and by other special studies of casual and
chronic drug use; high-risk populations, including school dropouts, the
homeless and transient, arrestees, parolees, and juvenile delinquents, and drug
use in the workplace and the productivity lost by such use:

An assessment of the reduction of drug availability against an ascertained
baseline, as measured by the quantities of cocaine, marijuana,
methamphetamine, and other drugs available, including recreational drugs
such as ecstasy for consumption in the Philippines; the amount of marijuana,
cocaine, and heroin, entering the Philippines; the number of hectares of
marijuana, poppy, and cocoa cultivated and destroyed; the number of metric
tons of marijuana, heroin, and cocaine seized; the number of cocaine and
methamphetamine processing laboratories destroyed; changes in the price and
purity of shabu and cocaine; the amount and type of controlled substances
diverted from legitimate retail and wholesale sources; and the effectiveness of
technology programs at improving drug detection capabilities in interdiction,
an at Philippines ports of entry,

An assessment of the reduction of the consequences of drug use and

availability, which shall include estimation of the burden drug users placed on
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(8)

(E)

hospital emergency departments in the Philippines, such as the quantity of
drug-related services provided; the annual national health care costs of drug
use, including costs associated with people becoming infected with human
immunodeficiency virus and other infectious diseases as a result of drug use;
the extent of drug-related crime and criminal activity; and the contribution of
drugs to the underground economy, as measured by the retail value of drugs
sold in the Philippines;

A determination of the status of drug treatment in the Philippines, by assessing
public and private treatment capacity within each region, including
information on the treatment capacity available in relation to the capacity
actually used; the extent, within each region, to which treatment is available;
the number of drug users the Director estimates could benefit from treatment;
and the specific factors that restrict the availability of treatment services to
those secking it and proposed administrative or legislative remedies to make
treatment available to those individuals; and

An assessment of private sector initiatives and cooperative efforts between the
National Government and region and local governments for drug control,

Submission of Revised Strategy. - The Director may submit to Congress a

revised National Drug Control Strategy that meets the requirements of this section at any

time, upon a determination by the Director that the National Drug Control Strategy in effect

is not sufficiently effective; and if a new Director takes office.

SECTION 16. Separability Clause. - If any provision or part thereof is held invalid or

unconstitutional, the remainder of the law or the provision not otherwise affected shall remain

valid and subsisting.

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SECTION 17, Repealing Clause. - Any law, presidential decree or issuance,
executive order, letter of instruction, administrative order, rule, or regulation contrary to or
inconsistent with the provisions of this Act is hereby repealed, modified, or amended
accordingly.

SECTION 18. Effectivity Clause. - This Act shall take effect fifteen (15) days after its

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

Approved,