Republic of the Philippines
HOUSE OF REPRESENTATIVES |
Quezon City

EIGHTEENTH CONGRESS

First Regular Session

House Bill No.»_ 742

Introduced by HON. ROZZANO RUFINO B. BIAZON

EXPLANATORY NOTE

To carry out the policy of the State to safeguard the well being of its citizenry particularly
the youth, from the harmful effects of dangerous drugs, Sec. 2 of RA 9165, otherwise known as the
Comprehensive Dangerous Drugs Act of 2002, provides that “...the State needs to enhance further
the efficacy of the law against dangerous drugs, it being one of today’s more serious social ills.
Towards this end, the government shall pursue an intensive and unrelenting campaign against the
trafficking and use of dangerous drugs and other similar substances. The government shall
however aim to achieve a balance in the national drug control program so that people with
legitimate medical needs are not prevented from being treated with adequate amounts of
appropriate medications, which include the use of dangerous drugs”.

A strategic development is that drug trafficking has been considered a non-traditional
defense and security threat in the region by many countries.

Since the enactment of Republic Act No. 9165, the Philippine Drug Enforcement Agency
(PDEA) has been unable to develop its capabilities as required under the said law due to budgetary
constraints. Up to now, PDEA is still an organization with few organic personnel, as most of its
personnel are on detail status from the PNP and other agencies. The PDEA is able to establish only
one Forensic Laboratory in its Headquarters in Quezon City, although the law requires it to
establish one forensic laboratory in each provincial PNP office. There is still no established
permanent location for the PDEA Academy. Furthermore, experience tells us that there is need to
introduce amendments to Sections 3(h), 3(j), 3(0), 4, 8, 11, 20, 21, 22, 26, 30, 33, 78, 79, 80, 82,
84(m). 84(0), 85, 86, 87, 93, 101, and ARTICLE VII including Sections 54, 55, 56, 57, 58, 59, 60,
61, 62, 63, 64, 72, 73, 74, 75, and 76 as well as to introduce additional Sections 3(II), 3(mm), 3(nn),
3(00), 3(pp), and 3(qq), 11-A, 12-A, and 84(s) for reasons stated accordingly as follows: i

In view of the foregoing, early passage of this bill is earnestly requested.

Re eka B/BIAZON

Representi
Lone District, Muntinlupa City


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. 742

ee

Introduced by HON. ROZZANO RUFINO B. BIAZON

—.

AN ACT
AMENDING 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(h) of Republic Act No. 9165 is hereby amended to read as
follows:

3 (h). Controlled Precursors and Essential Chemicals. ~ Include
ed in Tables | and Il of the 1988 UN Convention Against Illicit
Traffic in Narcotic Drugs and Psychotropic Substances as enumerated in the
attached annex, which is an integral part of this Act. IT ALSO INCLUDES
CHEMICALS, WHICH ARE HEREINAFTER ADDED TO THE LIST
OF CONTROLLED PRECURSORS, AND ESSENTIAL CHEMICALS
PURSUANT TO SECTION 93 OF THIS ACT.”

ction 3 (j) is hereby amended to read as follows:

. 3 (j). Dangerous Drugs. — Include those listed in the Schedules
annexed to the 1961 Single Convention on Narcotic Drugs, as amended by the
1972 Protocol, and in the Schedules annexed to the 1971 Single Convention
on Psychotropic Substances as enumerated in the attached annex, which is an
integral part of this Act. IT ALSO INCLUDES DRUGS, WHICH ARE
HEREINAFTER ADDED TO THE LIST OF DANGEROUS DRUGS
PURSUANT TO SECTION 93 OF THIS ACT.”

Sec. 3. Section 3 (r) is hereby amended to read as follows:

“SEC. 3 (r). Illegal Trafficking. — The illegal cultivation, culture,
delivery, administration, dispensation, manufacture, sale, _ trading,


transportation, distribution, importation, exportation, CHEMICAL
DIVERSION, and possession of any dangerous drug and/or controlled
precursor and essential chemical FOR THE PURPOSE OR WITH
INTENTION OF ENGAGING IN, OR KNOWING THAT THEY ARE
BE) OR ARE TO BE USED IN OR FOR ANY OF SUCH
ACTIVITIES PREVIOUSLY ENUMERATE)

Sec. 4, Section 3 is hereby further amended by inserting the following terms with their
corresponding definitions:

“CHEMICAL DEPENDENCE REFERS TO A CONDITION OF
MENTAL OR MENTAL AND PHYSICAL DEPENDENCE ON ANY
CONTROLLED PRECURSORS AND ENTIAL CHEMICAL OR
VOLATILE SU! ‘ANCE WITH CENTRAL NERVOUS EFFECT,
WHICH IS CHARACTERIZED BY THE PERIODIC OR
CONSTANTLY REPEATED CONSUMPTION OF THIS SUBSTANCE
AND WHOSE CHARACTERISTICS VARY DEPENDING UPON
KIND OF THE TAKEN CONTROLLED PRECURSORS AND
ESSENTIAL CHEMICAL.”

“DRUG MEANS: (1) ARTICLES RECOGNIZED IN THE OFFICIAL
UNITED STATES PHARMACOPOEIA, OFFICIAL HOMEOPATHIC
PHARMACOPOEIA OF THE UNITED STATES, OR OFFICIAL
NATIONAL FORMULARY, OR ANY SUPPLEMENT TO ANY OF
THEM; AND (2) ARTICLES INTENDED FOR USE IN THE
DIAGNOSIS, CURE, MITIGATION, TREATMENT, OR
PREVENTION OF DISEASE IN MAN OR OTHER ANIMALS; AND
(3) ARTICLES (OTHER THAN FOOD) INTENDED TO AFFECT THE
STRUCTURE OR ANY FUNCTION OF THE BODY OF MAN OR
ANIMALS; AND (4) ARTICLES INTENDED FOR USE AS A
COMPONENT OF ANY ARTICLES SPECIFIED IN CLAUSES (1), (2),
OR (3), BUT NOT INCLUDE DEVICES OR THEIR COMPONENTS,
PARTS, OR ACCESSORIES.”

“PROPERTY MEANS: (A) ANY PROPERTY, SITE, STRUCTURE,
PART OF A STRUCTURE, OR THE GROUNDS, SURROUNDING A
STRUCTURE; AND (B) INCLUDES SINGLE-FAMILY RESIDENCES,
OUTBUILDINGS, GARAGES, UNITS OF MULTIPLEXES,
CONDOMINIUMS, APARTMENT BUILDINGS, WAREHOUSES,
HOTELS, MOTELS, BOATS, MOTOR VEHICLES, TRAILERS,
MANUFACTURED HOUSING, SHOPS, OR BOOTHS.”

“PROPERLY DISPOSED MEANS TO DISCARD AT A LICENSED OR
AUTHORIZED FACILITY IN ACCORDANCE WITH ALL APPLICABLE
LAWS AND REGULATIONS, AND NOT REUSED OR SOLD.”

“WASTE MEANS REFUSE, GARBAGE, OR OTHER DISCARDED
MATERIAL, EITHER SOLID OR LIQUID.


These terms shall be inserted following the alphabetical arrangement of terms in this
section.

Sec. 5. Section 4 is hereby amended to read as follows:

.c. 4. Importation AND/OR EXPORTATION 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 shall be imposed upon any person, who,
unless authorized by law, shall import or bring into OR EXPORT FROM the
Philippines any dangerous drugs, regardless of the quantity and purity
involved, including any or all species of opium poppy or any part thereof or
substances derived therefrom even for floral, decorative and culinary
purposes.

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 import
AND/OR EXPORT any controlled precursor and essential chemical.

The maximum penalty provided for under this Section shall be
imposed upon any person, who unless authorized under this Act, shall import
or bring into OR EXPORT FROM the Philippines any dangerous drug
and/or controlled precursor and essential chemical through the use of a
diplomatic passport, diplomatic facilities or any other means involving his/or
her official status intended to facilitate the unlawful entry of the same. In
addition, the diplomatic passport shall be confiscated and cancelled.”

Sec, 6. Section 8 is hereby amended to read as follows:

“Sec. 8. Manufacture of Dangerous Drugs and/or Controlled
Precursors and Essential Chemicals.

xx

“THE OFFENDER OR LESSOR OF THE PROPERTY OR
OWNER OF RECORD SHALL BE HELD LIABLE TO PAY THE
COST OF CLEAN UP OF THE CLANDESTINE LABORATORY ON
THE PROPERTY, UNLESS THE LESSOR OF THE PROPERTY OR
OWNER OF RECORD CAN EACH PROVE LACK OF KNOWLEDGE
OF SUCH CLANDESTINE MANUFACTURE.

IN ANY SELLING OR HIRING OF PROPERTY, IT SHALL BE
THE DUTY OF THE OWNER OF RECORD OR HIS AUTHORIZED
REPRESENTATIVE TO DISCLOSE ACTUAL KNOWLEDGE OF
PRIOR USE OF THE PROPERTY AS A_ CLANDESTINE
LABORATORY TO THE BUYER OR LESSEE. THE LESSEE SHALL
DISCLOSE TO THE BUYER THAT THE PROPERTY BEING


WILL NOT BE USED FOR ILLICIT MANUFACTURE OF
AND CHEMICALS IN VIOLATION OF THIS ACT.”

Sec. 7. Section 11 is hereby amended by inserting an additional Section 11(4) to read
as follows:

“Sec. 11. Possession of Dangerous Drugs:

4) IMPRISONMENT OF SIX (6) YEARS AND ONE (1) DAY TO
TWELVE (12) YEARS AND A FINE RANGING FROM FIFTY
THOUSAND PESOS (P50,000.00) TO TWO HUNDRED THOUSAND
(P200,000.00), IF THE QUANTITIES OF DANGEROUS DRUGS ARE
u THAN TWO (2) 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
METHYLENEDOXYMETAMPHETAMINE (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 REQUIREMENTS, OR LESS THAN FIFTY (50)
GRAMS OF MARIJUANA.”

Sec. 8. A new Section shall be inserted after Section 11 which shall read as follows:

“SECTION 11-A. POSSESSION OF CONTROLLED
PRECURSORS AND ESSENTIAL CHEMICALS, —- THE PENALTY OF
IMPRISONMENT RANGING FROM TWELVE (12) YEARS AND
ONE (1) DAY TO TWENTY (20) YEARS AND 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,
|ALL POSSESS WITH INTENT TO DELIVER OR HAVE UNDER
HIS/HER CONTROL CONTROLLED PRECURSORS AND
ESSENTIAL CHEMICALS, KNOWING, OR UNDER
CIRCUMSTANCES WHERE ONE REASONABLY SHOULD KNOW
THAT IT WILL BE USED FOR ADMINISTRATION,
MANUFACTURE, SALE, TRADING, TRANSPORTATION,
DISTRIBUTION, EXPORTATION AND DIVERSION.

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

4


Sec. 9. A new Section shall be inserted after Section 12 which shall read as follows:

CTION 12 - A. POSSESSION OF LABORATORY
EQUIPMENT, FOR THE ILLICIT MANUFACTURE OF DANGEROUS
DRUGS AND CONTROLLED PRECURSOR AND ESSENTIAL
CHEMICALS. - THE PENALTY OF IMPRISONMENT RANGING
FROM TWELVE (12) YEARS AND ONE (1) DAY TO TWENTY (20)
YEARS AND FINE RANGING FROM ONE HUNDRED THOUSAND
PE (P100,000.00) TO FIVE HUNDRED THOUSAND PESOS
(P500,000.00) SHALL BE IMPOSED UPON ANY PERSON, WHO
UNLESS AUTHORIZED BY LAW, SHALL POS OR HAVE
UNDER HIS/HER CONTROL ITEMS OF LABORATORY
EQUIPMENT, SUCH AS, BUT NOT LIMITED TO, REACTION
VESSEL, ENCAPSULATING MACHINES, TABLETING MACHINES,
ROTARY EVAPORATORS, LABORATORY EQUIPMENT WITH A
CAPACITY FOR LARGE VOLUME PRODUCTION (E.G., ROUND
BOTTOM FLASKS OF 25 LITRES OR ABOVE AND RELATED
CONDENSERS, SEPARATING FUNNELS AND HEATING
APPARATUS) KNOWING, OR UNDER CIRCUMSTANCES WHERE
ONE REASONABLY SHOULD KNOW THAT IT WILL BE USED
FOR ILLEGAL MANUFACTURE OF DANGEROUS DRUGS AND/OR
CONTROLLED PRECURSORS AND ESSENTIAL CHEMICALS IN
VIOLATION OF THIS ACT. THE DANGEROUS DRUGS BOARD,
SHALL BY REGULATION, LIST SUCH INDISPENSABLE ITEMS OF
EQUIPMENT PECULIAR TO SUCH ILLEGAL MANUFACTURE.

THE UNAUTHORIZED POSSESSION OF SUCH
INDISPENSABLE ITEMS OF EQUIPMENT, INSTRUMENT AND
APPARATUS SHALL BE PRIMA FACIE EVIDENCE THAT THE
POSSESSOR HAS ILLEGALLY MANUFACTURED OR INTENDS TO
MANUFACTURE DANGEROUS DRUGS OR CONTROLLED
PRECURSORS AND ESSENTIAL CHEMICALS.”

Sec. 10. Section 15 is hereby amended to read as follows:

“Sec. 15. Use of Dangerous Drugs AND CONTROLLED
PRECURSORS AND ESSENTIAL CHEMICALS. - A person apprehended
or arrested, who is found to be positive for use of any dangerous drug OR
CONTROLLED PRECURSOR AND ESSENTIAL CHEMICAL AND A
DEPENDENT, after a confirmatory test{,| AND A DEPENDENCY
EXAMINATION, shall be imposed a penalty of a minimum of six (6)
months TREATMENT AND rehabilitation in a government center AND
AFTER CARE for the first offense, subject to the provisions of Article VIII
of this Act. If not a dependent, he/she shall suffer the PENALTY OF
IMPRISONMENT RANGING FROM SIX (6) MONTHS AND ONE (1)
DAY TO SIX (6) YEARS IMPRISONMENT AND FINE OF FROM
‘TEN THOUSAND PESOS (P10, 000.00) TO FIFTY THOUSAND PESOS
(P50,000.00). If apprehended using any dangerous drug OR CONTROLLED
PRECURSOR AND ESSENTIAL CHEMICAL, for the second time he/she
shall suffer the penalty of imprisonment ranging from six (6) years and one

5


(1) day to twelve years imprisonment and fine from Fifty thousand pesos
(P50, 000.00) to Two hundred thousand pesos (P200, 000.00). Provided, 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 drugs provided for
under Section 11 AND OF ANY CONTROLLED PRECURSORS AND
ESSENTIAL CHEMICALS UNDER SECTION 11-A of this Act, in which
case the provisions stated therein shall apply.”

See, 11, Sections 21 (2) and 21 (4) are 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/paraphernalia
and/or Laboratory Equipment.

xe

2) Within twenty-four (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.

WHERE A SEIZURE OF ILLICIT LABORATORY IS MADE,
‘HE PDEA SHALL PROPERLY DISPOSE WITHIN REASONABLE
IME, CHEMICALS WHICH ARE NOT LISTED AS CONTROLLED
PRECURSORS AND ESSENTIAL CHEMICALS, REMAINING
UNIDENTIFIED LIQUID OR SOLID CHEMICALS IN UNLABELED
CONTAINERS AND/OR IN OPENED CONTAINERS THAT CANNOT
BE RESEALED, AND WASTES, WHICH ARE NOT NEEDED AS
EVIDENCE IN THE INVESTIGATION OR PROSECUTION OF THE
CASE: PROVIDED, THAT SUCH ITEMS OF CHEMICALS AND
WASTE SHALL BE SEPARATELY PHOTOGRAPHED AND
INVENTORIED.”

xxx

4) After the filing of the criminal case, the Court shall, within seventy
two (72) hours, 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/paraphernalia
and/or laboratory equipment, and through the PDEA shall within twenty four
(24) hours 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 representative or counsel, a representative
from the media and the Department of Justice, civil society groups and any
elected public official. THE PROPERTY ON WHICH THE
CLANDESTINE MANUFACTURE OF DRUGS — AND/OR
CONTROLLED PRECURSORS AND ESSENTIAL CHEMICALS WAS
SEIZED SHALL BE CLEANED UP UNDER THE SUPERVISION OF

6


THE BOARD, IN COOPERATION WITH THE DEPARTMENT OF
HEALTH, DEPARTMENT OF ENVIRONMENT AND NATURAL
RESOURCES AND LOCAL GOVERNMENT UNIT. The Board shall
draw up guidelines on the manner of proper disposition and destruction of
such items, INCLUDING CLEAN UP OF CLANDESTINE
LABORATORY, which shall be bone by the offender OR IN THE CASE
OF CLEAN UP OF CLANDESTINE LABORATORY, THE LESSOR
OF THE PROPERTY OR OWNER OF RECORD SHALL ALSO BEAR
THE COST, UNLESS THE LESSOR OF THE PROPERTY OR
OWNER OF RECORD CAN EACH PROVE LACK OF KNOWLEDGE
OF SUCH CLANDESTINE MANUFACTURE. Provided, that a
representative sample duty weighed and recorded is retained.”

is hereby amended to read as follows:

2. 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

ure or surrender of dangerous drugs, plant sources of,
dangerous drugs, and controlled precursors and essential chemicals AND
LABORATORY EQUIPMENT: PROVIDED, HOWEVER, THAT THE
COMPUTATION OF MONETARY REWARD SHALL BE BASED ON
100 PER CENT PURITY OF THE DANGEROUS DRUGS, OR
CONTROLLED PRECURSORS AND ESSENTIAL CHEMICALS
BASED ON QUANTITATIVE AND QUALITATIVE EXAMINATIONS
CONDUCTED BY THE FORENSIC LABORATORY EXAMINER
WITHIN TWENTY (24) HOURS AFTER RECEIPT OF SEIZED
ITEMS.”

See. 137 Section 26, is hereby amended to read as follows:

“Sec. 26. Attempt and Conspiracy. — Any attempt or conspiracy to
commit the following unlawful acts shall be penalized by the same penalty
prescribed for the commission of the same as provided under this Act

Xxx
F) CHEMICAL DIVERSION.”
Sec. 14. Section 33 is hereby amended to read as follows:

“Sec, 33. Immunity from Prosecution and Punishment. —
Notwithstanding the provisions of Section 17, Rule 119 of the Revised Rules
on Criminal Procedure and the provisions of Republic Act No. 6981 or the
Witness Protection Security and Benefit Act of 1991, any person who has
violated Sections 7, [11], 11@), 11 (4), 11-A,.12, 12-A, 14 AND 15 [and 19},
Article II of this Act, who voluntarily gives information about any violation of
Sections 4, 5, 6, 8, 10, 13 and 16, Article II of this Act as well as any violation
of the offenses mentioned if committed by a drug syndicate, or any

7


information leading to the whereabouts, identities and arrest of all OR [of]
any of the members thereof; and who willingly testifies against such persons
as described above, shall be exempted from prosecution or punishment for the
offense with reference to which his/her information of testimony were given,
and may plead or prove the giving of such information and testimony in bar of
such prosecution: Provided, That the following conditions concur:

1. The information and testimony are necessary for the conviction of
the persons described above;

Rp

. Such information and testimony are not yet in the possession of the
State;

3. Such information and testimony can be corroborated on its
material point;

4, The informant or witness has not been previously convicted of a
crime involving moral turpitude, except when there is no other
direct evidence available for the State other than the information
and testimony of said informant or witness; and,

5. The informant or witness shall strictly and faithfully comply
without delay, or any condition or undertaking, reduced into
writing, lawfully imposed by the State as further consideration for
the grant of immunity from prosecution and punishment.

Poses
Sec. 14. Section 51 is hereby amended to read as follows:

“See. 51. Local Government Units' PROGRAMS AND Assistance. —
Local government units shall UNDERTAKE LOCAL DRUG AND
CHEMICAL PREVENTION AND CONTROL PROGRAMS IN
COOPERATION AND COORDINATION WITH THE BOARD AND
ITS MEMBER DEPARTMENTS AND NON-GOVERNMENTAL
ORGANIZATIONS. THEY SHALL appropriate a substantial portion of
their respective annual budgets to assist in or enhance the enforcement of this
Act giving priority to preventive or educational programs and the
rehabilitation or treatment of drug AND/OR CHEMICAL dependents.”

Sec. 15. The Title of Article VIII and Sections 54, 55, 56, 57, 58, 59, 60, 61, 62, 63,
64, 68, 72, 73, 74, 75 and 76 of the same Article are hereby amended by deleting the words
“drug dependent” wherever they appear and replacing them with the words “DRUG
AND/OR CHEMICAL DEPENDENT”.

Sec. 16, Section 78 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 any of the
following fields, in law, medicine, criminology, psychology or social work,
who 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 have the rank of undersecretary, one (1) shall serve
for four (4) years and other for two (2) years. Thereafter, the persons
appointed to succced such members shall hold office for a term of six (6)
years and until their successors shall have been duly appointed and qualified.

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

1) Secretary of the Department of Justice or his/her authorized
representative;

2) Secretary of the Department of Health or his/her authorized
representative:

3) Secretary of the Department of national Defense or his/her
authorized representative;

4

Secretary of the Department of Finance or his/her authorized
representative;

5) Secretary of the Department of Labor and Employment or his/her
authorized representative;

6)

Secretary of the Department of Interior and Local Government or
his/her authorized representative;

T

Secretary of the Department of Social Welfare and Development
or his/her authorized representative:

8) Secretary of the Department of Foreign Affairs or his/her
authorized representative:

9

Secretary of the Department of Education or his/her authorized
representative;

10) SECRETARY OF THE DEPARTMENT OF
TRANSPORTATION AND COMMUNICATION OR
HIS/HER AUTHORIZED REPRESENTATIVE;


11) SECRETARY OF THE DEPARTMENT OF BUDGET AND
MANAGEMENT OR HIS/HER = AUTHORIZED
REPRESENTATIVE;

12) Chairman of the Commission on Higher Education or his/her
representative;

13) Chairman of the National Youth Commission or his/her
representative:

14) Director General of the Philippine Drug Enforcement Agency or
his/her representative;

15) EXECUTIVE DIRECTOR OF THE DANGEROUS DRUGS
BOARD;

{Cabinet Secretaries who are members of the Board] EX-OFFICIO
members of the Board, except the Executive Director of the Board may
designate their duly authorized and permanent representatives whose ranks
shall in no case be lower than [undersecretary] ASSISTANT SECRETARY.
THE EXECUTIVE DIRECTOR OF THE BOARD SHALL HAVE NO
VOTING RIGHTS ON ISSUES BEFORE THE BOARD.

‘The two (2) regular members shall be as follows:

(a) The President of the Integrated Bar of the Philippines or
HIS/HER AUTHORIZED REPRESENTATIVE; and,

(b) The chairman or president of a non-government organization
involved in dangerous drug campaign to be appointed by the
President of the Philippines.

The Director of the NBI and the Chief of the PNP shall be the
[permanent] EX-OFFICIO consultants of the Board, and [shall] MAY attend
all the meetings of the Board

THE BOARD MAY ENGAGE THE SERVICES OF
CONSULTANTS WHO ARE DEEMED EXPERTS IN DRUG ABUSE
AND CONTROL POLICIES, STRATEGIES AND PROGRAMS,
RESEARCH, AND INTERNATIONAL DRUG CONVENTIONS,
SUBJECT TO THE PERTINENT BUDGETARY LAWS, RULES AND
REGULATIONS ON COMPENSATION, HONORARIA AND
ALLOWANCES.

All members of the Board as well as its [permanent] EX-OFFICIO
consultants shall receive 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 [permanent] consultant attends a
meeting in behalf of the latter, such PERMANENT representatives shall be
entitled to receive the per diem.”

10


Sec. 17. Section 79 is hereby amended to read as follows:

¢. 79. Meetings of the Board. — The Board shall meet once a
{week} MONTH or as often as necessary at the call of the [discretion of the]
Chairman or any four (4) other members. The presence of [nine (9)]
ELEVEN (11) members shall constitute a quorum.”

Sec. 18. Section 80 of Republic Act No. 9165 is hereby amended to read as follows:

“Sec. 80. Secretariat of the Board. xx x

The existing secretariat of the Board shall be under the administrative
control and supervision of the Executive Director. It shall be composed of the
following [divisions] SERVICES: Policy Studies, Research and Statisti
Preventive Education, Training and Information; Legal Aff
‘Administrative and Financial Management.”

Sec. 19. Section 82, is hereby amended to read as follows:

82. Creation of the Philippine Drug Enforcement Agency. ~ x xx

The PDEA shall be headed by a Director General with the rank of
Undersecretary, who shall be responsible for the general administration and
management of the Agency. The Director General of the PDEA shall be
appointed by the President of the Philippines and shall perform such other
duties that may be assigned to him/her. He must possess adequate knowledge,
training and experience in the field of dangerous drugs AND
CONTROLLED PRECURSORS AND ESSENTIAL CHEMICALS
CONTROL, and in any of the following fields: law enforcement,
criminology, CRIMINAL POLICING, LEGAL AND PROSECUTION,
CRIMINOLOGY, AND INTELLIGENCE AND SECURITY
ADMINISTRATION. law, medicine, psychology or social work]. HE
MUST ALSO POSSESS A POSTGRADUATE DEGREE, AND
CAREER EXECUTIVE SERVICE ELIGIBILITY.

The Director General of the PDEA shall be assisted in the performance
of his/her duties and responsibilities by two (2) deputies director general with
the rank of Assistant Secretary: one for Operations and the other one for
‘Administration. The two deputies director general shall likewise be appointed
by the President of the Philippines upon recommendation OF THE
DIRECTOR GENERAL OF THE PDEA and CONCURRENCE of the
Board. The two (2) deputies director general shall possess the same
qualifications as those of the Director General of the PDEA. The Director
General and the two (2) deputies director general shall receive the
compensation and salaries as prescribed by law.

HAZARD PAY EQUIVALENT TO TWENTY FIVE (25) PER
CENT OF MONTHLY SALARY SHALL BE GRANTED TO
OFFICIALS, AGENTS, INVESTIGATORS AND OTHER
PERSONNEL OF THE PDEA WHOSE GEOGRAPHICAL
ASSIGNMENT OR FUNCTIONAL MISSION EXPOSE THEM TO

11


GREAT DANGER OR RISKS, SUBJECT TO ACCOUNTING AND
AUDITING REQUIREMENTS.

Sec. 20. Sections 84 (m) and (0) are hereby amended to read as follows:
“Sec. 84. Powers and Duties of the PDEA

*yeex.

m), Establish and maintain close coordination, cooperation and

linkages with international drug control and administrative agencies and

organizations, WITH DRUG SUPPLY REDUCTION AND CHEMICAL

DIVERSION CONTROL FUNCTIONS AND PROGRAMS, and

implement applicable provisions of international conventions and agreements

relative to dangerous drugs AND CONTROLLED PRECURSORS AND
NTIAL CHEMICALS to which the Philippines is a signatory;

ee

©) [Require all government and private hospitals, clinics, doctors,
dentists and other practitioners to submit a report to it, in coordination with
the Board, about all dangerous drugs and/or controlled precursors and
essential chemicals which they have attended to for data and information
purposes]. CONDUCT REGULATORY COMPLIANCE INSPECTION
AND DANGEROUS DRUG AND CONTROLLED PRECURSOR
DIVERSION CONTROL PROGRAM AND INVESTIGATIO!

XXX

s) DEPUTIZE, AS PDEA AGENT, QUALIFIED PERSONNEL
AND/OR UNITS OF OTHER DEPARTMENT BUREAU, OFFICE,
AGENCY, OR LOCAL GOVERNMENT UNITS TO ASSIST IN A
MORE RESOLUTE IMPLEMENTATION OF THIS ACT.

Sec. 21, Section 85 is hereby amended to read as follows:

. 85. PDEA Academy. ~ Upon approval of the Board, the PDEA
Academy shall be established either in Baguio or Tagaytay City and in such
other places as may be necessary: PROVIDED, THAT UNTIL SUCH
TIME THAT A FUNCTIONAL PDEA ACADEMY IS ESTABLISHED,
PDEA IS AUTHORIZED TO CONDUCT ITS TRAINING IN ANY
EXISTING TRAINING ACADEMY OR INSTITUTION OR FACILITY
OPERATED BY ANY DEPARTMENT, BUREAU, OFFICE, AGENCY
OR INSTRUMENTALITY OF THE GOVERNMENT, SUBJECT TO
PRIOR CONSULTATION WITH AND AGREEMENT OF THE
PARTIES CONCERNED.”



Sec. 22. Section 86 is hereby amended by inserting a paragraph after the second

h to read as follows:

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

The transfer, absorption and integration of the different offices and
units provided for in this Section shall take effect within eighteen (18) months
from effectivity of this Act: Provided, That sonnel absorbed and on detail
service shall be given until five (5) years to finally decide to join the PDEA.

HEADS OF PHILIPPINE NATIONAL POLICE, NATIONAL
BUREAU OF INVESTIGATION, BUREAU OF CUSTOMS, ARMED
OF PHILIPPIN: OR OTHER GOVERNMENT
'S AND LOCAL GOVERNMENT UNITS PERFORMING
ENFORCEMENT FUNCTIONS OR MISSIONS ARE
AUTHORIZED TO CONTINUE PLACEMENT OF THEIR
PERSONNEL ON DETAIL SERVICE WITH PDEA UPON REQUEST
OF DG PDEA FOR A PERIOD NOT EXCEEDING FIVE YEARS:
PROVIDED, THAT DETAIL SERVICE WITH PDEA SHALL BE
CONSIDERED AS CAREER SERVICE CONNECTED: PROVIDED
FURTHER THAT AUTHORIZATION FOR THE DETAIL SERVICE
FROM OTHER AGENCIES TO PDEA SHALL CEASE WHEN PDEA
IS ABLE TO PROCURE A MINIMUM OF THREE THOUSAND
(3,000) ORGANIC PDEA AGENTS: PROVIDED FINALLY, THAT
PERSONNEL ON DETAIL SHALL BE GIVEN THE OPTION TO
JOIN THE PDEA, SUBJECT TO PERTINENT LAWS, RULES AND

REGULATION, AND QUALIFICATION REQUIREMENTS OF THE
PDEA.”

Sec. 23. Section 87 is hereby amended to read as follows:
“Sec. 87. Appropriations
xxx

All receipts derived from fines, fees and other income authorized and
imposed in this At, including ten percent (10%) of all unclaimed and forfeited
sweepstakes and lotto prizes but 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, EXCEPT AS PROVIDED
OTHERWISE ELSEWHERE IN THIS SECTION, no amount shall be
disbursed to cover operating expenses of the Board and other concerned
agencies: PROVIDED HOWEVER, THAT PDEA SHALL RETAIN THE
TOTAL COLLECTION FOR DRUGS AND CHEMICAL FEES AND
CHARGES TO FUND THE COMPLIANCE AND CHEMICAL
DIVERSION CONTROL PROGRAM, PDEA ACADEMY
DEVELOPMENT PROGRAM, AND FORENSIC LABORATORY
DEVELOPMENT PROGRAM OTHER THAN WHAT IS PROVIDED

13


FOR I

THE GENERAL APPROPRIATIONS ACT.: Provided further,
That at least fifty percent (50%) of all the funds, EXCEPT FEES AND
CHARGES COLLECTED BY PDEA, shall be reserved for assistance to
government-owned and/or operated rehabilitation center.”

Sec. 24. Section 93 is hereby amended to read as follows:

“SECTION 93. Reclassification, Addition or Removal of Any Drug
4ND CHEMICAL from the Lists of Dangerous Drugs OR CONTROLLED
PRECURSORS AND ESSENTIAL CHEMICALS. — The Board shall have
the power to reclassify, add to or remove from the lists of dangerous drugs
AND CONTROLLED PRECURSORS AND ESSENTIAL
CHEMICAL! PROVIDED, THAT THE BOARD SHALL ONLY
REMOVE FROM SUCH LISTS, ANY OF THE DANGEROUS DRU!
OR CONTROLLED PRECURSORS AND ESSENTIAL CHEMICA|
THAT IT HAD ADDED, BY REGULATION, BUT NOT LISTED IN
THE SCHEDULES UNDER INTERNATIONAL CONTROL SET BY
THE 1961 SINGLE CONVENTION ON NARCOTIC DRUGS AS
AMENDED BY THE 1972 PROTOCOL, 1971 CONVENTION ON
PSYCHOTROPIC SUBSTANCES AND 1988 CONVENTION AGAINST
ILLICIT TRAFFIC IN NARCOTIC DRUGS AND PSYCHOTROPIC
SUBSTANCES. THE BOARD SHALL ALSO HAVE THE POWER TO
EXEMPT ANY DANGEROUS DRUG PREPARATION AND ANY
DRUG OR CHEMICAL PREPARATION OR MIXTURE OR
PRODUCTS CONTAINING CONTROLLED PRECURSORS AND
ESSENTIALS FROM ANY SPECIFIC PROVISION OF THE
REGULATION UNDER THIS ACT: PROVIDED, THAT SUCH
DANGEROUS DRUG PREPARATION OR ANY DRUG
PREPARATION CONTAINING CONTROLLED PRECURSORS AND
ESSENTIALS IS REGISTERED WITH THE BUREAU OF FOOD AND.
DRUGS AS A DRUG, AND PRODUCTS CONTAINING THE
CONTROLLED PRECURSORS AND ESSENTIAL CHEMICALS ARE
IN LEGITIMATE TRADE AND COMMERCE. Proceedings to reclassify,
add, or remove a drug, or CHEMICAL or other substances, OR EXEMPT
IT FROM ANY PRESCRIBED REGULATION may be initiated by the
PDEA, the DOH, or by petition from any interested party, including the
manufacturer of a drug OR OTHER SUBSTANCES OR CHEMICAL, a
medical society or association, pharmacy association, chemical association, a
public interest group concerned with drug OR CHEMICAL 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 CHEMICAL OR SUBSTANCE. The PDEA also may begin its
own investigation of a drug OR CHEMICAL OR SUBSTANCE 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 substance proposed to be reclassified, added or

14


removed from control OR EXEMPTED FROM ANY PRESCRIBED
REGULATORY CONTROL:

a) Its actual or relative potential for abuse;

b) Scientific evidence of its pharmacological effect if known;

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

d

Its EVIDENCE AND history of current pattern of abuse,
ILLICIT TRAFFIC AND DIVERSION;

©)

The scope, duration, and significance of abuse, ILLICIT
TRAFFIC AND DIVERSION:

f) Risk to public health:

g)

Whether the substance is an immediate precursor of a substance
already controlled under this Act:

h) TOXICOLOGY, INCLUDING ADVERSE REACTIONS IN
HUMANS;

i) THERAPEUTIC OR INDUSTRIAL US

j) WHETHER THE PREPARATION OR MIXTURE IS
COMPOUNDED IN SUCH A WAY THAT IT PRESENTS
NO, OR NEGLIGIBLE, RISK OF ABUSE OR DIVE!
AND THE SUBSTANCE CANNOT BE RECOVERED BY
READILY APPLICABLE MEANS IN QUANTITY LIABLE
TO ABUSE OR DIVERSION SO THAT THE
PREPARATION OR MIXTURE DOES NOT GIVE RISE TO
A PUBLIC HEALTH, SOCIAL OR LAW ENFORCEMENT
PROBLEM;

k)

WHETHER THE DRUG OR GROUP OF DRUGS IS
FORMULATED IN SUCH A WAY THAT IT CANNOT BE
EASILY USED IN THE ILLICIT PRODUCTION OF A
DANGEROUS DRUG;

1) WHETHER THE CONTROLLED PRECURSOR AND
ESSENTIAL CHEMICAL CAN BE READILY RECOVERED
FROM THE DRUG OR GROUPS OF DRUGS OR
CHEMICAL MIXTURE OR END PRODUCT CONTAINING
THE CHEMICAL.

The Board shall take into accord the obligations and commitments to
international treaties, conventions and agreements to which the Philippines is
a signatory.

15


The Dangerous Drugs Board shall give notice to the general public of
the public hearing of the re¢ ification, addition to or removal from the list
of any drug OR CHEMICAL OR SUBSTANCE OR EXEMPTIO!
FROM ANY PRESCRIBED REGULATION by publishing such notice in
any newspaper of ireulation once a week for two weeks AND/OR
PROVIDING INTE WITH DUE NOTICES. THE
SIVE NOTICE TO THE GENERAL
PUBLIC OF ITS DECISIONS BY PUBLISHING THE REGULATION
IN ANY NEWSPAPER OF GENERAL CIRCULATION ONCE A
FOR TWO WEEKS.

The effect of such reclassification, addition or removal FROM THE
LISTS OF DANGEROUS DRUGS AND CONTROLLED
PRECURSORS AND ESSENTIAL CHEMICALS, OR EXEMPTION
FROM ANY PRESCRIBED REGULATION shall be as follows:

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

b)

In case a controlled precursors and essential chemicals is reclassified as
dangerous drug, the penalties for violation of this Act, involving
controlled precursors and essential chemicals shall in case of conviction be
imposed in all pending criminal cases;

In case of the addition of a new drug or chemical to the list of dangerous
drug [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;

6

d

In case of removal of a drug OR CHEMICAL from the list of dangerous
drugs [and] OR controlled precursors and essential chemicals, all persons
convicted and/or detained for use and/or possession of such a drug or
chemical shall be automatically released and all pending criminal
prosecution involving such a drug under this Act shall forthwith be
dismissed;

e) IN CASE OF EXEMPTION OF DRUG PREPARATIONS
CONTAINING DANGEROUS DRUGS, OR CHEMICAL MIXTURE
OR PREPARATION OR PRODUCT CONTAINING
CONTROLLED PRECURSORS AND ESSENTIAL CHEMICALS
FROM ANY SPECIFIC PROVISIONS OF IMPLEMENTING
REGULATIONS, ALL PERSONS CONVICTED AND/OR
DETAINED FOR VIOLATION OF THAT CORRESPONDING
SPECIFIC REGULATION SHALL BE AUTOMATICALLY
RELEASED AND ALL PENDING CRIMINAL PROSECUTION
AND ADMINISTRATIVE PROCEEDINGS SHALL FORTHWITH
BE DISMISSED.


f) The Board shall within five (5) days from the date of its promulgation
submit to Congress a detailed reclassification, addition, removal of any
drug OR CHEMICAL OR OTHER SUBSTANCE from the lists of
dangerous drugs OR CONTROLLED PRECURSORS AND
ESSENTIAL CHEMICALS, AND EXEMPTIONS, BY
REGULATIONS FROM ANY PRESCRIBED REGULATION
UNDER THIS ACT.”

Sec. 25. Section 101 is hereby amended to read as follows:

“Sec. 101. Amending Clause. — Republic Act No. 7659 AND
PRESIDENTIAL DECREE 1619 [is] ARE hereby amended accordingly.”

See. 26. Separability Clause. ~ If any provision or part hereof, is held invalid or
unconstitutional, the remainder of the law or this provision not otherwise affected shall
remain valid and subsisting.

2. 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.

28, Effectivity Clause. ~ This Act shall take effect fifteen (15) days after its
publication in at least two (2) newspaper of general circulation.

Approved,