EIGHTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES

~ Tntroduced by Representative Rufus B. Rodriquez
65

House Bill No.

EXPLANATORY NOTE

This bill was originally introduced as House Bill No. 4510 during the 15" Congress
where it was approved by the Committee on Dangerous Drugs. It was approved on 2
reading and 3° readings by the House of Representatives and was transmitted to the
‘Senate where it was not acted upon. It was again re-filed during the 16" Congress where it
was approved by the same Committee. This bill was approved by the House of
Representatives during the 17" Congress.

Last June 24, 2006, Republic Act 9346 was enacted into law thereby prohibiting the
imposition of death penalty in the Philippines. While the rationale for passing the law was
very clear and noble, there are some sectors of society who believe that this law is not just
and equitable because while foreigners may not be executed in the Philippines for drug
trafficking, Filipinos who commit the same are executed in other jurisdictions.

‘One argument against RA 9346 is made in context of drug related crimes. Many
foreign nationals are now emboldened to establish their drug factories in the Philippines
because once convicted, they only suffer life imprisonment as opposed to the penalties that
they may suffer in their countries which is in some cases death (i.e. China).

There have been constant reports of foreign nationals, including Chinese nationals,
being caught selling drugs and operating drug dens and laboratories in the Philippines. And
once caught and convicted, the penalty that our local courts may impose is only life
imprisonment. This is a sad, or even unfair situation because when Filipinos are caught drug
trafficking abroad, they may be imposed the death penalty.

While there is no reason to question the laws of foreign countries, we must however,
‘ensure that our countrymen do not suffer the short end of the stick. As such, there is a need
to amend our laws to ensure that foreign nationals caught violating our laws on drugs be
also convicted of the harshest penalties that their national law imposes.

Further, we also need to strengthen our drug laws in the country to combat the
increasing number of drug traffickers in the country.

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

Uhr:
ond! ee



EIGHTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES

tative Rufus B.

House Bill No. 2765

AN ACT
STRENGTHENING DRUG PREVENTION AND CONTROL, AMENDING FOR THE
PURPOSE REPUBLIC ACT NO. 9165, AS AMENDED, OTHERWISE KNOWN AS THE
“COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002”

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

SECTION 1, Section 3 of Republic Act No. 9165, as amended, is hereby amended to read

as follows:
“SEC. 3. Definitions. — As used in this Act, the following terms shall

mean:

(a) x x x
x x x
“c) x x x
“(G-1) CHEMICAL DEPENDENCE. - A CONDITION OF

MENTAL OR MENTAL AND PHYSICAL DEPENDENCE
ON ANY CONTROLLED PRECURSOR AND ESSENTIAL CHEMICAL
OR VOLATILE SUBSTANCE THAT AFFECTS THE CENTRAL
NERVOUS SYSTEM, CHARACTERIZED BY THE
PERIODIC OR CONSTANTLY REPEATED CONSUMPTION OF

THIS SUBSTANCE AND WHOSE EFFECTS VARY DEPENDING UPON
THE KIND OF CONTROLLED PRECURSOR AND ESSENTIAL
CHEMICAL TAKEN BY THE DEPENDENT OR USER.
x Kx
“(h) Controlled Precursors and Essential Chemicals. — Include
those listed in Tables | and Ii 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(-], ESSENTIAL
CHEMICALS AND CHEMICALS WHICH SHALL BE HEREINAFTER
[ADDED TO THE LIST OF CONTROLLED PRECURSORS, PURSUANT TO
SECTION 93 OF THIS ACT OR ANY DERIVATIVE AND PREPARATION
CONTAINING SUCH CHEMICALS OR ARE SOURCED THEREFROM
WHICH ARE PRESUMED TO FALL WITHIN THE AMBIT THEREOF.
x x x
“) 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{.], ESSENTIAL CHEMICALS AND
CHEMICALS WHICH ARE HEREINAFTER ADDED TO THE LIST OF
CONTROLLED PRECURSORS PURSUANT TO SECTION 93 OF THIS
‘ACT OR DERIVATIVES AND PREPARATIONS CONTAINING SUCH


CHEMICALS OR ARE SOURCED THEREFROM WHICH ARE PRESUMED
TO FALL WITHIN THE AMBIT THEREOF.
x x

“(-) 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.
‘x x x
“(dd) x x x
“(DD-1) PROPER DISPOSAL. — ANY ACT OF DISCARDING

DANGEROUS DRUGS AT A LICENSED OR AUTHORIZED FACILITY IN
ACCORDANCE WITH ALL APPLICABLE LAWS AND REGULATIONS,
NOT TO BE RESUED OR SOLD FOR ANY PURPOSE.

“(DD-2) PROPERTY. - ANY PROPERTY, SITE, STRUCTURE,
PART OF A STRUCTURE, OR THE GROUND SURROUNDING A
STRUCTURE INCLUDING SINGLE-FAMILY RESIDENCE, OUTBUILDING,
GARAGE, UNIT OR MULTIPLEX, CONDOMINIUM, APARTMENT
BUILDING, WAREHOUSE, HOTEL, MOTEL, BOAT, MOTOR VEHICLE,
TRAILER, MANUFACTURED HOUSING, SHOP, OR BOOTH AND OTHER
SIMILAR STRUCTURE.

“(ee) Protector/Coddler. - Any person who knowingly and willfully
consents to the unlawful acts provided for in this Act and uses hisiher
influence, power of position in shielding, harboring, screening or facilitating the
escape of any person he/she knows, or ANY PERSON WHO has reasonable
grounds to believe or suspect[,] THAT AN INDIVIDUAL has violated the
provisions of this Act, AND HE/SHE USES HIS/HER INFLUENCE, POWER
OR POSITION in order to prevent the arrest, prosecution [and] OR conviction
of the violator.

Kx x
“(kk x x x
“(LL) WASTE. - ANY REFUSE, GARBAGE, OR OTHER

DISCARDED MATERIAL, EITHER SOLID OR LIQUID.”

SEC. 2. Section 4 of the same Act is hereby amended to read as follows:

“SEC. 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 (P10,000,000.00) shall be imposed
upon any person, who, unless authorized by law, shalll import or bring into OR
EXPORT FROM the Philippines any dangerous drug, regardless of the
quantity and purity involved, including any and 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/her official


status intended to facilitate the unlawful entry of the same. In addition, the
diplomatic passport shall be confiscated and cancelled

‘ANY PERSON WHO IS FOUND TO HAVE IN HIS/HER
POSSESSION OR UNDER HIS/HER DIRECT OR INDIRECT CONTROL
ANY DOCUMENT, PURCHASE ORDER, MEMORANDUM RECEIPT,
DELIVERY RECEIPT, BILL OF LADING, OR ANY WRITTEN MATTER
CONTAINING INFORMATION RELATED TO OR IN CONNECTION WITH
ANY DANGEROUS DRUGS AND/OR CONTROLLED PRECURSORS AND
ESSENTIAL CHEMICALS IS, UNTIL PROVEN OTHERWISE, PRESUMED
TO HAVE IMPORTED OR EXPORTED THE DANGEROUS DRUGS
AND/OR CONTROLLED PRECURSORS AND ESSENTIAL CHEMICALS
THAT ARE THE SUBJECT MATTER OF SUCH DOCUMENT OR WRITING.

“The maximum penalty provided for under this Section shall be
imposed upon any person, who organizes, manages or acts as a “financier”
of any of the illegal activities prescribed in this Section.

“A PERSON IS PRESUMED A FINANCIER IF HE/SHE CAUSES
THE PAYMENT, RAISES, PROVIDES OR SUPPLIES MONEY FOR OR
UNDERWRITES. THE IMPORTATION OR EXPORTATION OF
DANGEROUS DRUGS OR CONTROLLED PRECURSORS AND
ESSENTIAL CHEMICALS. ANY EVIDENCE SHOWING DELIVERY OR
TRANSFER OF MONEY, OR DRAWING OR ISSUANCE OF A CHECK,
MONETARY INSTRUMENT OR DOCUMENT TO THE ACCOUNT,
CUSTODY OR CONTROL OF A PERSON OR ENTITY KNOWN TO BE
CONNECTED WITH OR WORKING FOR AN IMPORTER OR EXPORTER
OF DANGEROUS DRUGS OR CONTROLLED PRECURSORS AND
ESSENTIAL CHEMICALS, UNLESS PROVEN OTHERWISE, IS PRIMA
FACIE PROOF OF THE CONSENT TO OR KNOWLEDGE OF THE
SENDER, TRANSFEROR OR ISSUER OF THE FINANCING OF THE
ILLEGAL IMPORTATION OR EXPORTATION OF SUCH DANGEROUS
DRUGS, CONTROLLED PRECURSORS AND ESSENTIAL CHEMICALS.
THIS PRESUMPTION MAY BE OVERTURNED UPON PRESENTATION OF
PROOF THAT THE IMPORTATION OR EXPORTATION IS AUTHORIZED
OR VALID.

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.

“A PERSON IS PRESUMED A PROTECTOR OR CODDLER OF A
PERSON WHO IMPORTS OR EXPORTS DANGEROUS DRUGS,
CONTROLLED PRECURSONRS OR ESSENTIAL CHEMICALS TO BE
USED IN THE PREPARATION FOR SUCH DANGEROUS DRUGS, IF
HE/SHE KNOWS THE IMPORTER OR EXPORTER OF DANGEROUS
DRUGS AND/OR CONTROLLED PRECURSORS AND ESSENTIAL
CHEMICALS, AND HE/SHE USES HIS/HER INFLUENCE, POWER OR
POSITION TO SHIELD, HARBOR, SCREEN OR FACILITATE THE
ESCAPE OF SAID IMPORTER OR EXPORTER. A PERSON IS LIKEWISE
PRESUMED A PROTECTOR OR CODDLER IF HE/SHE HAS
KNOWLEDGE OF OR HAS REASONABLE GROUND TO BELIEVE THAT
THE VIOLATOR IS AN IMPORTER OR EXPORTER OF DANGEROUS
DRUGS AND/OR CONTROLLED PRECURSORS AND ESSENTIAL
CHEMICALS, AND HE/SHE USES HIS INFLUENCE, POWER OR
POSITION. IN PREVENTING THE ARREST, PROSECUTION OR
CONVICTION OF THE IMPORTER OR EXPORTER.


“UNLESS PROVEN OTHERWISE, A PERSON WHO SHIELDS,
HARBORS, SCREENS OR FACILITATES THE ESCAPE OF, OR
PREVENTS THE ARREST, PROSECUTION, OR CONVICTION OF THE
IMPORTER OR EXPORTER IS PRESUMED TO HAVE KNOWLEDGE OF,
OR HAS WILLFULLY CONSENTED TO, THE ILLEGAL IMPORTATION OR
EXPORTATION AND THAT HE/SHE HAS USED HIS/HER INFLUENCE,
POWER OR POSITION. EXCEPT WHEN IT IS DONE BY ANY MEMBER
OF THE IMPORTER’S OR EXPORTER'S IMMEDIATE FAMILY OR
HIS/HER LEGAL COUNSEL, A PERSON WHO INTERCEDES AND/OR
REPRESENTS THE SAID IMPORTER OR EXPORTER IS, UNLESS
PROVEN OTHERWISE, PRESUMED TO HAVE SHIELDED, HARBORED,
SCREENED OR FACILITATED THE ESCAPE OF OR PREVENTED THE
ARREST, PROSECUTION OR CONVICTION OF THE IMPORTER OR
EXPORTER.”

SEC. 3. Section 5 of the same Act is hereby amended to read as follows:
“SEC. 5. Sale, Trading, 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, administer, dispense, deliver, give
away to another, distribute, dispatch in transit or transport any dangerous
drug, including any and all species of opium poppy regardless of the quantity

and purity involved, or shall act as a broker in any of such transactions.

x x x
x x x
x Xx x
x Xx x

“UNLESS PROVEN OTHERWISE, ANY PERSON FOUND OR IS
PRESENT WITHIN OR INSIDE THE PLACE OF SALE, TRADING,
MARKETING, DISPENSATION, DELIVERY OR DISTRIBUTION, IS
PRESUMED TO HAVE BEEN INVOLVED IN THE SALE, TRADE OR
DISTRIBUTION OF DANGEROUS DRUGS, CONTROLLED PRECURSORS
OR ESSENTIAL CHEMICALS.

“ANY PERSON FOUND IN POSSESSION OF DANGEROUS
DRUGS IN THE FOLLOWING QUANTITY OR WEIGHT, REGARDLESS OF
PURITY, IS PRESUMED TO HAVE BEEN ENGAGED IN SELLING,
TRADING, DISPENSATION, ADMINISTRATION, _ DELIVERY,
DISTRIBUTION AND/OR TRANSPORTATION OF DANGEROUS DRUGS:

(1) | 200 GRAMS OR MORE OF SHABU, COCAINE, COCAINE
HYDROCHLORIDE, OPIUM, HEROINE, MORPHINE, MARIJUANA RESIN
OR MARIJUANA RESIN OIL, OR OTHER DANGEROUS DRUGS SUCH AS
METHYLENEDOXYMETAMPHETAMINE (MDMA) OR “ECSTASY,”
PARAMETHOXYAMPHETAMINE (PMA), TRIMETHOXYAMPHETAMINE
(TMA), LYSERGIC ACIDE DIETHYLAMINE (LSD), GAMMA
HYDROXYBUTYRATE (GHB), AND THOSE THAT ARE SIMILARLY
DESIGNED OR ARE NEWLY INTRODUCED DRUGS AND THEIR
DERIVATIVES;

(2) 500 GRAMS OR MORE OF MARIJUANA.”

“The maximum penalty provided for under this Section shall be
imposed upon any person who organizes, manages or acts as a “financer” of
any of the illegal activities prescribed in this Section.

“A PERSON IS PRESUMED A FINANCIER IF HE/SHE CAUSES
THE PAYMENT, RAISE OR PROVIDES OR SUPPLIES MONEY FOR, OR


UNDERWRITES THE SALE, TRADING OR DISTRIBUTION OF
DANGEROUS DRUGS AND/OR CONTROLLED PRECURSORS AND
ESSENTIAL CHEMICALS. ANY EVIDENCE SHOWING DELIVERY OR
TRANSFER OF MONEY, OR THE DRAWING, ISSUANCE OR
TRANSFERRING OF ISSUANCE OF A_ CHECK, MONETARY
INSTRUMENT, INVESTMENT OR PROPERTY TO THE ACCOUNT,
CUSTODY OR CONTROL OF A PERSON OR ENTITY CONNECTED WITH
OR WORKING FOR A SELLER, TRADER OR DISTRIBUTOR OF
DANGEROUS DRUGS AND/OR CONTROLLED PRECURSORS AND
ESSENTIAL CHEMICALS IS, UNLESS PROVEN OTHERWISE, A PRIMA
FACIE PROOF OF KNOWLEDGE BY THE SENDER, TRANSFERROR OR
ISSUER OF THE FINANCING OF AN UNLAWFUL ACT OR ACTIVITY.

“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.

“A PERSON IS PRESUMED A PROTECTOR OR CODDLER IF
HE/SHE KNOWS THE SELLER, TRADER, DISTRIBUTOR OR VIOLATOR
OF THIS SECTION AND HE/SHE USES HIS/HER INFLUENCE, POWER OR
POSITION IN SHIELDING, HARBORING, SCREENING OR FACILITATING
THE ESCAPE OF SAID VIOLATOR. A PERSON IS LIKEWISE PRESUMED
A PROTECTOR OR CODDLER IF HE/SHE HAS KNOWLEDGE OF OR HAS
REASONABLE GROUND TO BELIEVE OR TO SUSPECT THAT THE
VIOLATOR IS A SELLER, TRADER, OR DISTRIBUTOR OF DANGEROUS
DRUGS AND/OR CONTROLLED PRECURSORS AND ESSENTIAL
CHEMICALS, AND HE/SHE USES HIS/HER INFLUENCE, POWER OR
POSITION IN PREVENTING THE ARREST, PROSECUTION OR
CONVICTION OF THE VIOLATOR.

“A PERSON WHO SHIELDS, HARBORS, SCREENS OR
FACILITATES THE ESCAPE OF, OR PREVENTS THE ARREST,
PROSECUTION OR CONVICTION OF, THE SELLER, TRADER,
DISTRIBUTOR OR VIOLATOR OF THIS SECTION IS, UNLESS PROVEN
OTHERWISE, PRESUMED TO HAVE KNOWLEDGE OF OR WILLFULLY
CONSENTED TO, THE ILLEGAL SELLING, TRADING OR DISTRIBUTION
AND HAS USE HIS/HER INFLUENCE, POWER OR POSITION IN DOING
$0. EXCEPT WHEN IT IS DONE BY ANY MEMBER OF THE VIOLATOR'S
IMMEDIATE FAMILY OR HIS/HER LEGAL COUNSEL, A PERSON WHO
INTERCEDES AND/OR REPRESENTS THE SAID VIOLATOR IS, UNLESS
PROVEN OTHERWISE, PRESUMED TO HAVE SHIELDED, HARBORED,
SCREENED OR FACILITATED THE ESCAPE OF, OR PREVENTED THE
(ARREST, PROSECUTION OR CONVICTION OF THE VIOLATOR.”

SEC. 4, Section 6 of the same Act is hereby amended to read as follows:

“SEC. 6 ‘Maintenance of a Den, Dive or Resort. ~ 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 of group of persons who shall maintain a den, dive or resort

eS uue-drug_is used. id-in-anytorma] AS DEFINED
UNDER THIS ACT.
x x x
x x x
x x x

“if such den, dive or resort is owned by a third person, the same shall
be confiscated and escheated in favor of the government: PROVIDED, THAT


IN CASE THE OWNER OF SUCH PROPERTY IS A PARTNERSHIP,
CORPORATION, ASSOCIATION OR ANY JURIDICAL ENTITY, THE
GARTNER, PRESIDENT, DIRECTOR, MANAGER TRUSTEC, ESTATE
RDMINISTRATOR, OR OFFICER WHO CONSENTS TO OR TOLERATES
SUCH VIOLATION SHALL BE CRIMINALLY LIABLE AS ‘CO-PRINCIPAL:
Soe tted, FURTHER, That the criminal complaint shall specifically afoge: that
fueh place is intentionally used in the furtherance of the criine Provided,
further] FURTHERMORE, That the prosecution shal! prove such intent on the
part of the owner, PARTNER, PRESIDENT. DIRECTOR, MANAGER,
DRUSTEE, ESTATE ADMINISTRATOR OR OFFICER OF THE JURIDICAL
ENTITY to use the property for such purpose: Provided. finaly. That the
cnet, PARTNER, PRESIDENT, DIRECTOR, MANAGER, TRUSTEE,
CRT ATE ADMINISTRATOR OR OFFICER OF THE JURIDICAL ENTITY
Shall be included as an accused in the criminal complaint.

oO THE PURPOSE OF THIS SECTION, THE FOLLOWING ARE
PRESUMED:

(A)__ ANY DEN, DIVE, RESORT IS PRESUMED INTENTIONALLY
USED FOR THE PURPOSE OF SELLING OR USING DANGEROUS
DRUGS ANDIOR CONTROLLED PRECURSORS AND ESSENTIAL
CHEMICALS EVEN ON ONE OCCASION ONLY;

(B) A PERSON IS PRESUMED AN OPERATOR, MAINTAINER
OR ADMINISTRATOR OF A DEN, DIVE OR RESORT IF HE/SHE HAS
CE UAL OR CONSTRUCTIVE CONTROL AND MANAGEMENT OF ‘SUCH
PREMISES; AND

(C)_ IF ANY PARAPHERNALIA OR INSTRUMENT SUITABLE OR
FIT FOR THE USE OR ADMINISTRATION OF ANY DANGEROUS DRUG
{3 FOUND IN A DEN, DIVE OR RESORT, IT IS PRESUMED THAT THE
PREMISES ARE USED FOR THE PURPOSE OF THE ADMINISTRATION,
SMOKING OR CONSUMPTION OF A DANGEROUS DRUG BY A HUMAN
BEING AND THAT THE OPERATOR, MAINTAINER OR ADMINISTRATOR.
BERMITS SAID PREMISES TO BE USED FOR SUCH PURPOSE.

TS SArnaximum penalty provided for under this Section shall be
imposed upon any person who organizes, manages of acts as @ “financier” of
any of the illegal activities prescribed in this Section.

ne PERSON IS PRESUMED A FINANCIER OF A DEN; DIVE OR
RESORT IF HE/SHE CAUSES THE PAYMENT, RAISES, PROVIDES OR
SUPPLIES MONEY FOR OR UNDERWRITES THE OPERATION AND
MAINTENANCE THEREOF. ANY EVIDENCE SHOWING THE DELIVERY
OR TRANSFER OF MONEY, OR DRAWING OR ISSUANCE OF A CHECK,
PRNETARY INSTRUMENT, INVESTMENT OR PROPERTY, TO THE
MCCOUNT, CUSTODY OR CONTROL OF THE OPERATOR, MANAGER
OR MAINTAINER OF A DEN, DIVE OR RESORT IS, UNLESS PROVEN
OTHERWISE, A PRIMA ‘FACIE PROOF OF | THE SENDER'S,
TRANSFERROR'S OR ISSUER'S KNOWLEDGE OF FINANCING THE
OPERATION AND MAINTENANCE THEREOF.

~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
{©100.000.00) to Five hundred thousand pesos, (P500.000 00) shall be
(posed upon any person, who acts as a “protectoricoddler" of any violator of
the provisions under this Section

We PERSON IS PRESUMED A PROTECTOR OR CODDLER IF
HE/SHE KNOWS THE OPERATOR, MAINTAINER, ADMINISTRATOR OR
MANAGER OF THE DEN, DIVE OR RESORT AND HE/SHE USES: HIS/HER
INFLUENCE, POWER OR POSITION IN SHIELDING, HARBORING,
MEREENING OR FACILITATING THE ESCAPE OF THE VIOLATOR: A


PERSON IS LIKEWISE PRESUMED A PROTECTOR OR CODDLER IF
HE/SHE HAS KNOWLEDGE OF OR HAS REASONABLE GROUND TO
BELIEVE OR TO SUSPECT THAT THE SAID OPERATOR, MAINTAINER,
ADMINISTRATOR OR MANAGER ACTUALLY OPERATES, MAINTAINS,
ADMINISTERS OR MANAGES A DEN, DIVE OR RESORT AND HE/SHE
USES HIS/HER INFLUENCE, POWER OR POSITION IN PREVENTING
THE ARREST, PROSECUTION OR CONVICTION OF THE VIOLATOR.

“UNLESS PROVEN OTHERWISE, A PERSON WHO SHIELDS,
HARBORS, SCREENS OR FACILITATES THE ESCAPE OF, OR
PREVENTS THE ARREST, PROSECUTION OR CONVICTION OF, AN
OPERATOR, MAINTAINER, ADMINISTRATOR OR MANAGER OF A DEN,
DIVE OR RESORT IS PRESUMED TO HAVE KNOWLEDGE OF, OR HAVE
WILLFULLY CONSENTED TO THE OPERATION, AND MAINTENANCE OF
A DEN, DIVE OR RESORT AND HE/SHE USES HIS/HER INFLUENCE,
POWER OR POSITION IN DOING THE SAME. EXCEPT WHEN IT IS
DONE BY ANY MEMBER OF THE OPERATOR'S, MAINTAINER'S,
ADMINISTRATOR’S OR MANAGER'S IMMEDIATE FAMILY OR HIS/HER
LEGAL COUNSEL, A PERSON WHO INTERCEDES AND/OR
REPRESENTS THE VIOLATOR IS, UNLESS PROVEN OTHERWISE,
PRESUMED TO HAVE SHIELDED, HARBORED, SCREENED OR
FACILITATED THE ESCAPE OF OR PREVENTED THE ARREST,
PROSECUTION OR CONVICTION OF SAID OPERATOR, MAINTAINER,
ADMINISTRATOR OR MANAGER.”

SEC. 5. Section 8 of the same Act 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 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 presence of any controlled precursor and essential chemical or
laboratory equipment in the clandestine laboratory is a prima facie proof of
manufacture of any dangerous drug OR CONTROLLED PRECURSORS
AND ESSENTIAL CHEMICALS. It shall be considered an aggravating
circumstance if the clandestine laboratory is undertaken or established under
the following circumstances

fa) x x x
x x x
(e) x x x

“ANY PERSON FOUND OR IS PRESENT WITHIN THE PREMISES
OF A CLANDESTINE LABORATORY OR THE PLACE WHERE
DANGEROUS DRUGS ARE MANUFACTURED, PRODUCED, PREPARED,
COMPOUNDED, PROCESSED, PACKED OR RE-PACKED IS, UNLESS
PROVEN OTHERWISE, PRESUMED INVOLVED IN OR HAS
PARTICIPATED IN MANUFACTURING OR PRODUCING DANGEROUS
DRUGS AND/OR CONTROLLED PRECURSORS AND ESSENTIAL
CHEMICALS.

“ANY EQUIPMENT, APPARATUS, PARAPHERNALIA SUITABLE
FOR THE USE, MANUFACTURE OR PRODUCTION OF DANGEROUS
DRUGS AND/OR CONTROLLED PRECURSORS AND ESSENTIAL
CHEMICALS FOUND IN A CLANDESTINE LABORATORY, OR IN ANY
OTHER PLACE OR PROPERTY, SHALL BE PRESUMED PRIMA FACIE
PROOF THAT SAID LABORATORY, PLACE OR PROPERTY IS USED


FOR THE PURPOSE OF MANUFACTURE OR PRODUCTION OF ANY
DANGEROUS DRUGS AND/OR CONTROLLED PRECURSORS AND
ESSENTIAL CHEMICALS, AND THAT THE PERSON WHO HAS THE
ACTUAL OR CONSTRUCTIVE CONTROL OR MANAGEMENT THEREOF
PERMITS SUCH PROPERTY TO BE USED FOR THE PURPOSE.

“The maximum penalty provided for under this Section shall be
imposed upon any person, who organizes, manages or acts as a “financier” of
any of the illegal activities prescribed in this Section.

“A PERSON IS PRESUMED A FINANCIER IF HE/SHE CAUSES
THE PAYMENT, RAISES, PROVIDES OR SUPPLIES THE MONEY FOR,
OR UNDERWRITES THE MANUFACTURE, —_ PRODUCTION,
PREPARATION, COMPOUNDING OR PROCESSING OF DANGEROUS
DRUG AND CONTROLLED PRECURSORS AND ESSENTIAL
CHEMICALS. ANY EVIDENCE SHOWING DELIVERY OR TRANSFER OF
MONEY, OR DRAWING OR ISSUANCE OF A CHECK, NEGOTIABLE OR
NON-NEGOTIABLE INSTRUMENT OR DOCUMENT TO THE ACCOUNT
OR CUSTODY OF A PERSON OR ENTITY KNOWN TO BE CONNECTED
WITH OR WORKING FOR, A MANUFACTURER, PRODUCER OR
PROCESSOR OF DANGEROUS DRUGS AND/OR CONTROLLED
PRECURSORS AND ESSENTIAL CHEMICALS IS, UNLESS PROVEN
OTHERWISE, A PRIMA FACIE PROOF OF THE SENDER'S,
TRANSFERROR'S OR ISSUER'S CONSENT OR KNOWLEDGE OF
FINANCING THE VIOLATOR'S UNLAWFUL ACTIVITIES.

“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) shail be
imposed upon any person, who acts as a “protector/coddler” of any violator of
the provisions under this Section.

“A PERSON IS PRESUMED A PROTECTOR OR CODDLER IF
HE/SHE KNOWS THE MANUFACTURER, PRODUCER OR PROCESSOR
OF ANY DANGEROUS DRUG AND/OR CONTROLLED PRECURSOR AND
ESSENTIAL CHEMICAL, AND HE/SHE USES HIS/HER INFLUENCE,
POWER OR POSITION TO SHIELD, HARBOR, SCREEN OR FACILITATE
THE ESCAPE OF SAID MANUFACTURER, PRODUCER OR
PROCESSOR. A PERSON IS LIKEWISE PRESUMED A PROTECTOR OR
CODDLER IF HE/SHE HAS KNOWLEDGE OF OR HAS REASONABLE
GROUND TO BELIEVE THAT ONE IS A MANUFACTURER, PRODUCER
OR PROCESSOR OF DANGEROUS DRUGS AND/OR CONTROLLED
PRECURSORS AND ESSENTIAL CHEMICALS, AND HE/SHE USES
HIS/HER INFLUENCE, POWER OR POSITION IN PREVENTING THE
ARREST, PROSECUTION OR CONVICTION OF THE MANUFACTURER,
PRODUCER OR PROCESSOR.

“THE OFFENDER SHALL BE HELD LIABLE TO PAY THE COST
OF THE CLEAN UP OF THE CLANDESTINE LABORATORY ON THE
PROPERTY.

“IN ANY SALE OR LEASE OF PROPERTY, IT IS THE DUTY OF
THE OWNER OF RECORD OR HIS/HER AUTHORIZED
REPRESENTATIVE TO DISCLOSE ACTUAL KNOWLEDGE OF PRIOR
USE OF THE PROPERTY AS A CLANDESTINE LABORATORY TO THE
BUYER OR LESSEE. THE LESSOR MUST INCLUDE IN THE LEASE
CONTRACT A PROHIBITION THAT THE PROPERTY BEING LEASED
WILL NOT BE USED FOR THE ILLICIT MANUFACTURE OF
DANGEROUS DRUGS AND/OR CONTROLLED PRECURSORS AND
ESSENTIAL CHEMICALS IN VIOLATION OF THIS ACT.”


SEC. 6. A new section denominated as Section 8-A is hereby inserted after Section 8
of the same Act, to read as follows:

“SEC. 8-A. NEGLIGENT OWNER OR LESSOR OF PROPERTY
USED AS CLANDESTINE LABORATORY. - THE PENALTY OF
IMPRISONMENT RANGING FROM SIX (6) YEARS AND ONE (1) DAY TO
TWELVE (12) YEARS AND A FINE RANGING FROM FIVE HUNDRED
THOUSAND PESOS (P500,000.00) TO ONE MILLION PESOS
(P1,000,000.00) SHALL BE IMPOSED UPON THE OWNER OR LESSOR
OF A BUILDING, WAREHOUSE, OR ANY PROPERTY, OR IN HIS/HER
ABSENCE, THE DULY AUTHORIZED REPRESENTATIVE WHO LEASES
THE PROPERTY TO ANY PERSON BUT OMITS OR FAILS TO
ASCERTAIN, CHECK AND CONFIRM THAT THE PROPERTY IS
‘ACTUALLY USED FOR A LAWFUL PURPOSE, AND WHICH PROPERTY
1S FOUND TO HAVE BEEN ACTUALLY UTILIZED AS CLANDESTINE
LABORATORY OR USED IN THE MANUFACTURE OR STORAGE OF
DANGEROUS DRUGS, CONTROLLED PRECURSORS AND ESSENTIAL
CHEMICALS. THE MAXIMUM PENALTY SHALL BE IMPOSED UPON THE
OWNER OR LESSOR, OR HIS/HER DULY AUTHORIZED
REPRESENTATIVE WHO HAS DISCOVERED THE ILLEGAL ACTIVITY
BUT FAILED TO REPORT THE SAME TO PROPER AUTHORITIES.

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

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 CORPORATE OR
ASSOCIATION PRESIDENT, CHIEF EXECUTIVE OFFICER, CHIEF
OPERATING OFFICER OR MANAGER, OR ANY PARTNER IN A
PARTNERSHIP, ANY MEMBER OF THE BOARD OF
DIRECTORS/TRUSTEES OF ANY CORPORATION OR ASSOCIATION,
ANY ESTATE EXECUTOR AND ADMINISTRATOR, OR ANY OF THEIR
DULY AUTHORIZED REPRESENTATIVE.

FOR PURPOSES OF THIS SECTION, THE PERSONS LIABLE IN
THE PRECEDING THREE (3) PARAGRAPHS HEREIN ARE, UNLESS
PROVEN OTHERWISE, PRESUMED TO HAVE GIVEN THEIR CONSENT
TO THE ILLEGAL USE OF THE LEASED PROPERTY IF THEY FAIL TO
VISIT AND INSPECT THE LEASED PROPERTY AT LEAST ONCE EVERY
QUARTER.

“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 JURIDICAL
ENTITY THAT OWNS THE PROPERTY SUBJECT OF THE LEASE. THE
AFFIDAVIT SHALL CATEGORICALLY STATE THE FOLLOWING: (A) THE
DATE WHEN THE INSPECTION OF THE PROPERTY WAS MADE; (B)
THE DETAILS OF THE THINGS SEEN AND OBSERVED DURING THE
INSPECTION; AND (C) THE FACT THAT THE LEASED PREMISES ARE
NOT BEING USED FOR ANY UNLAWFUL PURPOSE, IF SUCH IS THE
CASE. IT SHALL BE SUBMITTED TO THE ADMINISTRATIVE BOARD
CREATED PURSUANT TO THE PROVISIONS OF PARAGRAPH 1,


SECTION 52 OF THIS ACT WITHIN FIVE (5) WORKING DAYS FROM THE
EXECUTION OF SAID AFFIDAVIT. 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
JHE ADMINISTRATIVE BOARD AND THE CITY OR MUNICIPAL
ASSESSOR WITHIN FIVE (5) DAYS FROM EXECUTION OF SAID
CONTRACT.

THE FAILURE TO COMPLY WITH THE FOREGOING MANDATORY
REPORTORIAL REQUIREMENTS SHALL, UNLESS _ PROVEN
OTHERWISE, BE PRESUMED THAT NO SUCH VISITATION WAS
CONDUCTED ON THE LEASED PROPERTY FOR THE DURATION OF
THE COVERED PERIOD.”

SEC. 7. Section 11 of the same Act is hereby amended to read as follows

“SEC. 11, Possession of Dangerous Drugs. ~ 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;

x x x

(8) x x x

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

“Ay x x x
x x x
(3) x x

x
“(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 | PESOS
(200,000.00), IF THE QUANTITIES OF DANGEROUS DRUGS ARE LESS
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, INCLUDING MDMA OR “ECSTASY,”
PMA, TMA, LSD, GHB, AND THOSE SIMILARLY DESIGNED OR NEWLY
INTRODUCED DRUGS AND THEIR DERIVATIVES, WITHOUT HAVING
ANY THERAPEUTIC REQUIREMENT, OR LESS THAN FIFTY (50) GRAMS
OF MARIJUANA.
“FOR THE PURPOSE OF THIS SECTION, THE FOLLOWING ARE
PRESUMED:
(A) DANGEROUS DRUGS OR SIMILAR SUBSTANCES FOUND
TO BE CONCEALED IN ANY PROPERTY SHALL BE PRESUMED,
UNTIL THE CONTRARY IS PROVEN, THAT THE SAID DRUGS OR
SIMILAR SUBSTANCES ARE IN THE POSSESSION OF AND/OR
CONCEALED WITH THE KNOWLEDGE OF THE PERSON WHO
HAS OR APPEARS TO HAVE THE EXCLUSIVE CONTROL OR
MANAGEMENT THEREOF;
(8) DANGEROUS DRUGS FOUND CONCEALED IN| ANY
COMPARTMENT THAT IS SPECIALLY CONSTRUCTED FOR THE
PURPOSE ON ANY PREMISE, VEHICLE, VESSEL OR ANY KIND
OF TRANSPORTATION SHALL, UNTIL THE CONTRARY IS
PROVEN, BE PRESUMED TO HAVE BEEN POSSESSED AND/OR
CONCEALED WITH THE KNOWLEDGE OF THE OCCUPANT,


ADMINISTRATOR, OWNER OR PERSON IN-CHARGE OF THE
PROPERTY;

(Cc) SUBJECT TO THE PROVISIONS OF SECTION 5 OF THIS
ACT, ANY PERSON FOUND IN POSSESSION OF ANY
DANGEROUS DRUG IN THE FOLLOWING QUANTITY OR
WEIGHT, REGARDLESS OF PURITY, IS PRESUMED TO HAVE
BEEN ENGAGED IN SELLING, TRADING, DISPENSATION,
ADMINISTRATION, DELIVERY, DISTRIBUTION AND/OR
TRANSPORTATION OF DANGEROUS DRUGS:

(1) 200 GRAMS OR MORE OF SHABU, COCAINE,
COCAINE HYDROCHLORIDE, OPIUM, HEROINE, MORPHINE,
MARIJUANA RESIN OR MARIJUANA RESIN OIL, OR OTHER
DANGEROUS DRUGS SUCH AS MDMA OR “ECSTASY,” PMA,
TMA, LSD, GHB, AND THOSE SIMILARLY DESIGNED OR
NEWLY INTRODUCED DRUGS AND THEIR DERIVATIVES;
AND

(2) 500 GRAMS OR MORE OF MARIJUANA.”

SEC. 8. ‘A new section denominated as Section 11-A is hereby inserted after Section
11 of the same Act, to read as follows:
“SEC. 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 A FINE RANGING FROM ONE HUNDRED THOUSAND
PESOS (P 100,000.00) TO FIVE HUNDRED THOUSAND PESOS
(P500,000.00) SHALL BE IMPOSED UPON ANY PERSON, WHO, UNLESS
AUTHORIZED BY LAW, SHALL POSSESS OR HAVE UNDER HIS/HER
CONTROL CONTROLLED PRECURSORS AND ESSENTIAL CHEMICALS,
KNOWING, OR UNDER CIRCUMSTANCES WHERE ONE REASONABLY
KNOWS THAT THESE MAY 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
PROVIDED IN THIS SECTION.”

SEC. 9. Section 12 of the same Act is hereby amended to read as follows:

"SEC. 12. Possession of Equipment, Instrument, Apparatus and
Other Paraphernalia for Dangerous Drugs. ~ x Xx x

“The possession of such equipment, instrument, apparatus and other
paraphernalia fit or intended for any of the purposes enumerated in [he
preceding paragraph shall be prima facie evidence that the possessor has
Smoked, consumed, administered to himselffherself, injected, ingested or
used a dangerous drug and shall be presumed to have violated Section 19 of.
this Act, UNLESS HE/SHE VOLUNTARILY SUBMITS TO A DRUG TEST TO
BE. CONDUCTED BY A HOSPITAL, DOCTOR OR MEDICAL
PRACTITIONER, UNDER THE SUPERVISION OF, OR ACCREDITED BY,
THE DEPARTMENT OF HEALTH FOR THIS PURPOSE, AND IN THE
PRESENCE OF, AND WITNESSED BY, A REPRESENTATIVE EACH
FROM THE MEDIA AND THE NEAREST REGIONAL TRIAL COURT IN
THE CITY OR PROVINCE OF THE PLACE OF INCIDENT, WITHIN
TWENTY-FOUR (24) HOURS FROM APPREHENSION, AND THE RESULT
THEREOF IS NEGATIVE. IF THE RESULT OF HIS/HER VOLUNTARY


DRUG TEST IS POSITIVE, AFTER CONFIRMATORY TEST, THE
PROVISIONS OF SECTION 15 OF THIS ACT SHALL APPLY.”

SEC. 10. ‘A new section denominated as Section 12-A is hereby inserted after Section
12 of the same Act, to read as follows:

“NSEC. 12-A. POSSESSION OF LABORATORY EQUIPMENT, FOR
THE ILLICIT MANUFACTURE OF DANGEROUS DRUGS AND/OR
CONTROLLED PRECURSORS AND ESSENTIAL CHEMICALS. ~ 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 POSSESSES, OR HAS UNDER HIS/HER
CONTROL, ANY LABORATORY EQUIPMENT, INCLUDING REACTION
VESSEL, ENCAPSULATING MACHINES, TABLETING MACHINES,
ROTARY EVAPORATORS, LABORATORY EQUIPMENT WITH A
CAPACITY FOR LARGE VOLUME PRODUCTION SUCH AS ROUND
BOTTOM FLASKS OF TWENTY-FIVE (25) LITRES OR ABOVE AND
RELATED CONDENSERS, SEPARATING FUNNELS AND HEATING
APPARATUS, KNOWING, OR UNDER CIRCUMSTANCES WHERE ONE
REASONABLY KNOWS THAT THESE MAY 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.”

SEC. 11 Section 13 of the same Act 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 @ party, or at a social gathering or meeting, or in the proximate
Company of at least two (2) persons, shall suffer the [maximum penalties
i :) PENALTY OF LIFE IMPRISONMENT
TO DEATH AND A FINE OF FIVE HUNDRED THOUSAND PESOS
(P500,000.00) TO TEN MILLION PESOS (P10,000,000.00), regardless of

the quantity and purity of such dangerous drugs.”

SEC. 12. Section 15 of the same Act is hereby amended to read as follows:

SSEC. 15. Use of Dangerous Drugs AND CONTROLLED
PRECURSORS AND ESSENTIAL CHEMICALS. - A person apprehended or
dnested, who is found to be positive for use of any dangerous drug OR
CONTROLLED PRECURSOR AND ESSENTIAL CHEMICAL AND A DRUG
DEPENDENT, after a confirmatory test] AND A DEPENDENCY
EXAMINATION, shall be imposed a penalty of a minimum of six (6) months
TREATMENT AND AFTER CARE rehabilitation in a government center for
the first offense, subject to the provisions of Article VIll of this Act. IF FOUND.
TO BE NOT A DRUG DEPENDENT, HE/SHE SHALL SUFFER THE
PENALTY OF IMPRISONMENT RANGING FROM SIX (6) MONTHS AND
ONE (1) DAY TO SIX (6) YEARS AND A FINE RANGING 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
(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, 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.

“ANY PERSON APPREHENDED UNDER THIS SECTION IS
PRESUMED TO HAVE USED A DANGEROUS DRUG IF HE/SHE HAS
SOME PHYSICAL MANIFESTATION OF BEING A DANGEROUS DRUG
USER AND HE/SHE REFUSES TO SUBMIT TO A DRUG TEST WITHIN A
PERIOD OF TWENTY-FOUR (24) HOURS FROM APPREHENSION. THE
[ARRESTING OFFICER SHALL INFORM THE SUSPECT ORALLY AND IN
WRITING ABOUT THE PRESUMPTION IF HE/SHE DOES NOT
PROMPTLY AND VOLUNTARILY SUBMIT TO A DRUG TEST. THIS
PRESUMPTION, HOWEVER, SHALL BE OVERTURNED BY A NEGATIVE
RESULT OF THE TEST TO BE CONDUCTED BY ANY HOSPITAL,
DOCTOR OR MEDICAL PRACTITIONER UNDER THE SUPERVISION OF,
OR ACCREDITED BY, THE DEPARTMENT OF HEALTH FOR THIS
PURPOSE, IN THE PRESENCE OF SAID PERSON'S REPRESENTATIVE
AND HIS/HER COUNSEL OF CHOICE OR ANY LAWYER AVAILABLE IF
HE HAS NO COUNSEL OF CHOICE. THE TEST SHALL LIKEWISE BE
WITNESSED BY AT LEAST ONE REPRESENTATIVE EACH FROM
LOCAL OR NATIONAL MEDIA ORGANIZATION AND FROM THE
NEAREST REGIONAL TRIAL COURT IN THE CITY OR PROVINCE OF
‘THE PLACE OF APPREHENSION.

“POSSESSION OF ANY INSTRUMENT, APPARATUS OR
PARAPHERNALIA FIT OR INTENDED FOR ANY OF THE PURPOSES
ENUMERATED IN SECTION 12 OF THIS ACT BY ANY PERSON
SUSPECTED OR APPREHENDED FOR USING DANGEROUS DRUGS
SHALL BE A PRIMA FACIE EVIDENCE THAT THE POSSESSOR HAS
SMOKED, CONSUMED, ADMINISTERED TO HIMSELF/HERSELF,
INJECTED, INGESTED OR USED A DANGEROUS DRUG.”

SEC. 13. Section 16 of the same Act is hereby amended to read as follows:

“SEC. 16. Cultivation or Culture of Plants Classified as Dangerous
Drugs or are Sources Thereof.~ x xX x

“The land or portions thereof and/or greenhouses on which any of said
plants is cultivated or cultured shall be confiscated and escheated in favor of
the State, unless the owner thereof can prove lack of knowledge of such
cultivation or culture despite the exercise of due diligence on his/her part. If
the land involved is part of the public domain, the maximum penalty provided
for under this Section shall be imposed upon the offender. FOR ESCHEAT
PURPOSES UNDER THIS ACT, THE SUPREME COURT SHALL
PROMULGATE THE RULES OF PROCEDURE GOVERNING THE SAME.

The maximum penalty provided for under this Section shall be
imposed upon any person, who organizes, manages or acts as a "financier"
of any of the illegal activities prescribed in this Section.

“A PERSON IS PRESUMED A FINANCIER OF THE VIOLATOR OF
THIS SECTION IF HE/SHE CAUSES THE PAYMENT, RAISES, PROVIDES
OR SUPPLIES THE MONEY FOR OR UNDERWRITES THE PLANTING,
MAINTENANCE AND OPERATION OF ANY PLANTATION, FARM OR
PLACE OF CULTIVATION OR CULTURE OF ANY PLANT CLASSIFIED AS
DANGEROUS DRUGS OR SOURCE THEREOF. ANY EVIDENCE
SHOWING THE DELIVERY OR TRANSFER OF MONEY, OR DRAWING
OR ISSUANCE OF A CHECK, MONETARY INSTRUMENT OR
INVESTMENT TO THE ACCOUNT, CONTROL OR CUSTODY OF A


PERSON OR ENTITY KNOWN TO BE, CONNECTED WITH OR WORKING
FOR, THE VIOLATOR OF THIS SECTION IS, UNLESS PROVEN
OTHERWISE, A PRIMA FACIE PROOF THAT THE SENDER,
TRANSFEROR OR ISSUER IS FINANCING THE VIOLATOR’S ILLEGAL
ACTIVITIES.

“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
(mposed upon any person, who acts as a "protector/coddler” of any violator of
the provisions under this Section.

“A PERSON IS PRESUMED A CODDLER OR PROTECTOR IF
HE/SHE KNOWS THE CULTIVATOR, PRODUCER OR VIOLATOR OF
THIS SECTION AND HE/SHE USES HIS/HER INFLUENCE, POWER OR
POSITION IN PREVENTING THE COLLECTION OF EVIDENCE WITHOUT
ANY JUSTIFIABLE REASON OR GROUNDS, SHIELDING, HARBORING.
‘SCREENING OR FACILITATING THE ESCAPE OF SAID VIOLATOR. A
PERSON IS LIKEWISE PRESUMED A PROTECTOR OR CODDLER IF
HE/SHE HAS KNOWLEDGE OF OR HAS REASONABLE GROUND TO
BELIEVE THAT ONE IS A CULTIVATOR, PLANTER, PRODUCER OF
PLANTS CLASSIFIED AS DANGEROUS DRUGS OR SOURCE THEREOF,
AND HE/SHE USES HIS/HER INFLUENCE, POWER OR POSITION IN
PREVENTING THE ARREST, PROSECUTION OR CONVICTION OF SUCH
CULTIVATOR, PLANTER OR PRODUCER.

“ANY ACT OF THE PROTECTOR OR CODDLER OF SHIELDING,
HARBORING, SCREENING OR FACILITATING THE ESCAPE OF, OR IN
PREVENTING THE ARREST, PROSECUTION OR CONVICTION OF THE
VIOLATOR OF THIS SECTION IS, UNLESS PROVEN OTHERWISE,
PRIMA FACIE PROOF THAT THE PROTECTOR OR CODDLER HAS
KNOWLEDGE OF, OR CONSENTED TO, THE CULTIVATION OR
PRODUCTION OF PLANTS CLASSIFIED AS DANGEROUS DRUGS OR
SOURCE THEREOF, AND HE/SHE IS PRESUMED FURTHER TO HAVE
USED HIS/HER INFLUENCE, POWER OR POSITION IN DOING THE
SAME. EXCEPT WHEN IT IS DONE BY ANY MEMBER OF THE
VIOLATOR’S IMMEDIATE FAMILY OR HIS/HER LEGAL COUNSEL, ANY
PERSON WHO INTERCEDES AND/OR REPRESENTS THE SAID
VIOLATOR IS, UNLESS PROVEN OTHERWISE, PRESUMED TO HAVE
SHIELDED, HARBORED, SCREENED OR FACILITATED THE ESCAPE
OF OR PREVENTED THE ARREST, PROSECUTION OR CONVICTION OF
THE VIOLATOR.”

SEC. 14. Section 20 of the same Act is hereby amended to read as follows

“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.- x = XX

‘KX

“During the pendency of the case in the Regional Trial Court, no
property, or income derived therefrom, which may be confiscated and
fortoited, shall be disposed, alienated or transferred and the same shall be
in custodia legis and no bond shall be admitted for the release of the same
THE PROHIBITION PROVIDED HEREIN SHALL NOT APPLY TO ANY
FIREARM, EXPLOSIVE OR WEAPON WHICH SHALL BE CONFISCATED,
FORFEITED AND DISPOSED OF IMMEDIATELY BY THE COURT IN
FAVOR OF THE GOVERNMENT, FOR THE USE OF THE PHILIPPINE
DRUG ENFORCEMENT AGENCY (PDEA) OR OTHER LAW


ENFORCEMENT AGENCIES INVOLVED IN FIGHTING ILLEGAL DRUG
TRAFFICKING.

x Xx x

SEC. 15. Section 21 of the same Act, 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.
Contlled Precursors and Essential Chemicals, Instruments/Paraphernalia
and/or Laboratory Equipment.— x x x

1) x x x

“(2)within twenty-four (24) hours upon confiscation/seizure of
dangerous drugs, plant sources of dangerous drugs, controlled precursors
Sad’ 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 A LABORATORY IS MADE, THE PDEA
SHALL, WITHIN REASONABLE TIME, DO THE PROPER DISPOSAL OF
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 MAY NOT BE
RESEALED, AND WASTES, WHICH ARE NOT NEEDED AS EVIDENCE IN
SHE INVESTIGATION OR PROSECUTION OF THE CASE: PROVIDED,
THAT SUCH ITEMS OF CHEMICALS AND WASTES SHALL BE
SEPARATELY PHOTOGRAPHED AND INVENTORIED.

“3) x x x

+(&) After the filing of the criminal case, the Court shall, within seventy-
two (72) hours, conduct an ocular inspection of the confiscated. seized and/of
Surendered dangerous drugs, plant sources of dangerous drugs, and
Controlled precursors and. essential chemicals, including | the
Ratruments/paraphernalia andior laboratory equipment, and through the
PDEA shall’ within twenty-four (24) hours thereafter proceed with the
Sestruction or burning of the same, in the presence of the accused or the
person/s from whom such items were confiscated andior seized, oF his
Fopresentative or counsel, a representative from the media and the DO. civil
Society groups and any elected public official. THE PROPERTY. FROM
WHERE THE CLANDESTINELY MANUFACTURED DRUGS AND/OR
CONTROLLED PRECURSORS AND ESSENTIAL CHEMICALS WERE
SEIZED SHALL BE CLEANED UP UNDER THE SUPERVISION OF 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
Tanner of proper disposition and destruction of such item/s, INCLUDING
THE CLEAN UP OF THE CLANDESTINE LABORATORY, which shall be
bane by the offender. IN THE CASE OF THE CLEAN UP OF THE
CLANDESTINE LABORATORY, THE LESSOR OF THE PROPERTY OR
OWNER OF RECORD SHALL ALSO BEAR THE COST, UNLESS THE
CESSOR OF THE PROPERTY OR OWNER OF RECORD EACH PROVES
LACK OF KNOWLEDGE OF SUCH CLANDESTINE MANUFACTURE:
[Provided —That-th /s—of-lawfut _as-determined-by-the
cerord_-chall be-donated_used-or recycled for legitimate purposes] Provided,
farther] That a representative sample, duly weighed and recorded is
retained



SEC.16, Section 22 of the same Act is hereby amended to read as follows:

SSec. 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
Pare toreers participating in the operation, which results in the successful
toy eeistion, seizure or surrender of dangerous drugs, plant sources, of
dangerous drugs, and controlled precursors and essential chemicals AND
LABORATORY EQUIPMENT, THE COMPUTATION OF MONETARY
REWARD SHALL BE BASED ON ONE HUNDRED PERCENT (100%)
BoRity. OF THE DANGEROUS DRUGS AND/OR CONTROLLED
PRECURSORS AND ESSENTIAL CHEMICALS BASED ‘ON
QUANTITATIVE AND QUALITATIVE EXAMINATIONS CONDUCTED BY
CHE FORENSIC LABORATORY EXAMINER WITHIN TWENTY-FOUR (24)
HOURS AFTER RECEIPT OF SEIZED ITEMS.”

SEC. 17. Section 26 of the same Act is hereby amended to read as follows:
“SEC. 26. Attempt or 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:
“a x x x
x x x
“e) x x x
“(F) CHEMICAL DIVERSION.”

SEC. 18. Section 29 of the same Act is hereby amended to read as follows:

“SEC. 29. Criminal Liability for Planting of Evidence. — Any person
who is found guilty of “planting” any dangerous drug and/or controlled
precursor and essential chemical, regardless of quantity and purity shall
suffer the penalty of death.

vA DEFENSE OF ‘PLANTING EVIDENCE’ INTERPOSED AND
PLEADED BY ANY PERSON CHARGED FOR VIOLATION OF ANY OF
THE UNLAWFUL ACTS PRESCRIBED IN THIS ACT IS PRESUMED TO BE
A COMPLAINT AGAINST THE LAW ENFORCER/S OR PRIVATE
INDIVIDUALIS INVOLVED IN THE ARREST, SEARCH AND SEIZURE.

MAS SOON AS THE ALLEGED PLANTING OF EVIDENCE HAS
BEEN INTERPOSED AND/OR PLEADED BEFORE OR DURING THE
PROSECUTION OF THE CASE AGAINST THE ACCUSED, THE COURT
WHERE THE CASE IS PENDING SHALL CAUSE THE PUBLIC
PROSECUTOR ASSIGNED IN SAID COURT TO CONDUCT PRELIMINARY
INVESTIGATION FOR THE VIOLATION OF THIS SECTION AND FILE THE
CORRESPONDING INFORMATION. IN| THE MEANTIME, THE
SROCEEDINGS OF THE CASE SHALL BE SUSPENDED UNTIL THE
PRELIMINARY INVESTIGATION IS CONCLUDED AND RESOLVED IN
ACCORDANCE WITH THE PROCEDURES ENUNCIATED IN SECTION 90
OF THIS ACT. IF THE INFORMATION 1S FILED FOR THE CRIME OF
SBLANTING OF EVIDENCE,” THE LAW ENFORCER OR ANY PRIVATE
INDIVIDUAL INVOLVED SHALL BE ARRAIGNED AND THE CASE SHALL
BE TRIED JOINTLY WITH THAT OF THE COMPLAINING ACCUSED.

ANY PERSON WHO IS CHARGED AND PROSECUTED FOR
ALLEGEDLY PUTTING OR PLACING ANY DANGEROUS DRUG OR
SIMILAR SUBSTANCE AND/OR PUTTING OR PLACING ANY DRUG
EQUIPMENT, INSTRUMENT OR PARAPHERNALIA ON THE PERSON OR
IMMEDIATE PREMISES OF ANY ACCUSED/SUSPECT, SHALL BE
PRESUMED TO HAVE PUT, PLACED, OR PLANTED THE SAID
EVIDENCE IF THE RULES OF PROCEDURE AND/OR ENGAGEMENT


FOR ARREST, SEARCH AND SEIZURE HAVE NOT BEEN COMPLIED
WITH.”

SEC. 19. _ Section 33 of the same Act 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, [44] 11(3), 11(4), 11-A,12, 12-A, 14 and [49] 15, Article I!
of this Act, who voluntarily gives information about any violation of Sections 4,
5, 6, 8, 10, 13 and 16, Article Il of this Act as well as any violation of the
offenses mentioned if committed by a drug syndicate, or any information
leading to the whereabouts, identities and arrest of all or 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:

x Xx x’

SEC. 20. A new section denominated as Section 33-A is hereby inserted after Section 33 of
the same Act, to read as follows:

“SEC. 33-A. IMMUNITY FROM PROSECUTION UNDER OTHER
CIRCUMSTANCES, MINIMUM PENALTY AND COMMUTATION OF
SENTENCE. — ANY PERSON CHARGED FOR ANY OFFENSE UNDER
THIS ACT AND WHO IS NOT QUALIFIED FOR IMMUNITY UNDER THE
PRECEDING SECTION 33 MAY APPLY FOR IMMUNITY FROM
PROSECUTION UNDER THIS SECTION IF HE/SHE IS WILLING TO
REVEAL THE IDENTITY AND PARTICIPATION OF PERSONS INVOLVED
FOR VIOLATION OF SECTIONS 4, 5, 6, 8, 10 AND 16 OF ARTICLE Il OF
THIS ACT, INCLUDING THE VIOLATOR’S FINANCIERS, PROTECTORS
OR CODDLERS.

“THE GRANT OF THE APPLICATION FOR IMMUNITY IS
CONDITIONED UPON THE ARREST AND PROSECUTION OF ANYONE,
SOME OR ALL OF THE PERSONS HE/SHE NAMED OR IDENTIFIED, THE
WILLINGNESS FROM HIS/HER PART TO TESTIFY AGAINST THE
PERSON/S HE/SHE NAMED OR IDENTIFIED, HE/SHE DOES NOT
APPEAR TO BE THE MOST GUILTY FOR THE OFFENSE TO WHICH
HIS/HER INFORMATION OR TESTIMONY IS GIVEN, AND THE
CONCURRENCE OF THE FOLLOWING:

(A) THE INFORMATION AND TESTIMONY ARE NECESSARY
FOR THE CONVICTION OF THE PERSONS HE/SHE NAMED OR
IDENTIFIED;

(B) | SUCH INFORMATION AND TESTIMONY ARE NOT YET IN
THE POSSESSION OF THE STATE;

(C) SUCH INFORMATION AND TESTIMONY CAN BE
CORROBORATED ON ITS MATERIAL POINTS;

(D) 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

(FE) THE INFORMANT OR WITNESS SHALL, WITHOUT DELAY,
STRICTLY AND FAITHFULLY COMPLY WITH ANY CONDITION OR
UNDERTAKING LAWFULLY IMPOSED BY THE STATE AS FURTHER


CONSIDERATION FOR THE GRANT OF IMMUNITY FROM
PROSECUTION AND PUNISHMENT.

“ik HE/SHE SATISFIES THE ABOVE CONDITIONS FOR THE
GRANT OF IMMUNITY, THE APPLICANT MAY BE QUALIFIED FOR AND
BE PLACED UNDER THE WITNESS PROTECTION PROGRAM.

SIF NONE OF THE PERSON/S HE/SHE NAMED OR IDENTIFIED
HAS BEEN ARRESTED AND CHARGED, THE PROSECUTION OF THE
CASE SHALL PROCEED, BUT THE COURT SHALL SUSPEND
PROMULGATION OF JUDGMENT FOR A PERIOD NOT, EXCEEDING SIX
(6) MONTHS FROM THE DATE HIS/HER CASE 1S SUBMITTED FOR
DECISION. THE COURT, HOWEVER, IS BOUND TO RENDER JUDGMENT
IF THE ACCUSED REQUESTS FOR EARLY DECISION.

NHE COURT SHALL RENDER A DECISION IF THE PERSON
HE/SHE NAMED OR IDENTIFIED REMAINS AT-LARGE AFTER THE
LAPSE OF THE ORIGINAL OR EXTENDED PERIOD. IF HE/SHE IS
FOUND GUILTY, THE COURT SHALL IMPOSE ONLY THE MINIMUM
PENALTY FOR THE OFFENSE CHARGED OR PROVEN. HOWEVER,
HE/SHE MAY BE CALLED LATER AS WITNESS FOR THE
BROSECUTION, WITH HIS/HER EXPRESS CONSENT, IN THE EVENT
THAT ONE, SOME OR ALL THE PERSONS HE/SHE NAMED OR
IDENTIFIED HAS OR HAVE BEEN APPREHENDED AND CHARGED IN
COURT FOR VIOLATION OF SECTIONS 4, 5, 6, 8, 10 AND 46 OF THIS
ACT. IF HE/SHE HAS TESTIFIED FOR THE PROSECUTION, HIS/HER
SENTENCE MAY BE REDUCED, OR HE/SHE MAY BE CONSIDERED TO
SAVE FULLY SERVED HIS/HER SENTENCE AND MAY BE RELEASED
IMMEDIATELY, AT THE DISCRETION OF THE COURT.”

SEC. 21 Section 36 of the same Act 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
ee 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, [twe {2)] testing methods
THAT INCLUDE THE FOLLOWING DRUGS: CANNABIS, COCAINE,
OPIATES, AMPHETAMINES, METHAMPHENTAMINE, PHENCYCLIDINE
‘AND OTHER DRUGS AS DETERMINED BY THE BOARD TO BE
PREVALENT AT THE TIME, the screening test which will determine the
positive result as well as the type of the drug used and confirmatory test
Pinich will confirm a positive screening test. Drug test certificates issued by
whieh ted drug testing centers shall be valid for a [one-year THREE-
MONTH period from the date of issue which may be used for other Purposes
The following shall be subjected to undergo drug testing:
“a x x Xx
x x x

“g) x x x

«(H) PROFESSIONAL AND NON-PROFESSIONAL ATHLETES. -
ALL ATHLETES, PROFFESSIONAL AND NON-PROFESSIONAL, IN ANY
KIND OF SPORT, SHALL UNDERGO A MANDATORY DRUG TEST
TWICE A YEAR. ANY ATHLETE FOUND POSITIVE FOR USE OF
DANGEROUS DRUGS SHALL BE SUSPENDED SUBJECT TO FURTHER
INVESTIGATION BY APPROPRIATE GOVERNMENT AGENCIES.

~ x x"

SEC. 22. _ Section 51 of the same Actis hereby amended to read as follows:


“sEC.51, Local Govemment Units’ PROGRAMS | AND
“Assistance. - Local government units shall UNDERTAKE LOCAL DRUG
AND CHEMICAL PREVENTION AND CONTROL PROGRAMS | 1x
AN OPERATION AND COORDINATION WITH THE BOARD AND ITS
MEMBER DEPARTMENTS ‘AND NON-GOVERNMENTAL
ORGANIZATIONS. THEY SHALL appropriate a substantial portion of thot
respective annual budgets to assist in or enhance the enforcement of this Act
tving priority to preventive or educational programs and the rehabilitation or
treatment of drug AND/OR CHEMICAL dependents.”

SEC.23. _The Title of Article Vill and Sections 54, 55, 56, 57, 58, 59, 60,61. 62, 63, 64,
£6. 72, 73, 74, 75 and 76 of the same Article are hereby amended by dels hg the words
“jug dependent’ wherever they appear and replacing them with the words “DRUG AND/OR
CHEMICAL DEPENDENT.”

SEC.24. Section 78 of the same Act 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 thie (3) of

[which] WHOM are permanent members, the other [iwelve-(42)] FIFTEEN

(18) 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, shall
be appointed by the President of the Philippines. The President shall
designate a Chairman, who shall have the rank of a secretary from ate
the three (2) permanent members who shall serve for six (6) years. Of the
two (2) other members, who shall have the rank of undersecretary, One (1)
sei corve for four (4) years and the other for two (2) years. Thereafter, the
persons appointed to succeed such members shall hold office for a leim of
six (6) years and until their successors shall have been duly appointed and
qualified

“The other [twelve-(42)] FIFTEEN (15) members who shall be ex-
officio members of the Board are the following:

(1) Secretary of the Department of Justice oF his/her
AUTHORIZED representative;

(2) Secretary of the Department of Health or histher
AUTHORIZED representative;

(3) Secretary of the Department of National Defense or hisiher
AUTHORIZED representative;

(4) Secretary of the Department of Finance or hisiher
AUTHORIZED representative;

(5) Secretary of the Department of Labor and Employment oF
hisher AUTHORIZED representative;

(6) Secretary of the Department of the Interior and Local
Government or his/her AUTHORIZED representative;

(7) Secretary of the Department of Social Welfare and
Development or his/her AUTHORIZED representative;

(8) Secretary of the Department of Foreign Affairs or hisiher
AUTHORIZED representative;

(9) Secretary of ‘the Department of Education or his/her
AUTHORIZED representative;

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


(11) Chairman of the National Youth Commission OR HIS/HER
AUTHORIZED REPRESENTATIVE: [and]

(12) Director General of the Philippine Drug Enforcement Agency
[] OR HIS/HER AUTHORIZED REPRESENTATIVE;

(13) SECRETARY OF THE DEPARTMENT oF
TRANSPORTATION OR HIS/HER AUTHORIZED REPRESENTATIVE:

(14) SECRETARY OF THE DEPARTMENT OF BUDGET AND
MANAGEMENT OR HISIHER AUTHORIZED REPRESENTATIVE; AND

(is) EXECUTIVE DIRECTOR OF THE DANGEROUS DRUGS
BOARD.

“(Cabinet secretaries whe-ate] 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
ae toe 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

"] EX-OFFICIO consultants of the Board, and [shal] MAY attend

all the meetings of the Board

THE BOARD MAY ENGAGE THE SERVICES OF CONSULTANTS
WHO ARE PRESUMED 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 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 PERMANENT representatives shall be
entitled to receive the per diem.”

SEC. 25. Section 79 of the same Act is hereby amended to read as follows:
“SEC. 79. Meetings of the Board. ~ The Board shall meet once a
[week] MONTH or as often as necessary at the [discretion CALL. of the
teetinan or {atthe-call-of] any four (4) other members. The presence of
[nine (9)] ELEVEN (11) members shall constitute a quorum.”

SEC. 26, ‘Section 80 of the same Act is hereby amended to read as follows
“SEC. 80. Secretariat of the Board.~ x x x
x x 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, namely: Policy Studies, Research and
Statistics, Preventive Education, Training and Information; Legal Affairs; and
the Administrative and Financial Management.”

SEC. 27 Section 82 of Republic Act No. 9165 is hereby amended to read as follows:


“SEC. 82. Creation of the Philippine Drug Enforcement Agency
(PDEA). - x xX x

“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/she must possess adequate
knowledge, training and experience in the field of dangerous drugs,
CONTROLLED PRECURSORS AND ESSENTIAL CHEMICALS CONTROL,
and in any of the following fields: law enforcement, [law.—medicine;

z ] CRIMINAL POLICING, LEGAL AND
PROSECUTION, CRIMINOLOGY, AND INTELLIGENCE AND SECURITY
ADMINISTRATION. HE/SHE MUST ALSO POSSESS A POSTGRADUATE
DEGREE, AND MUST POSSESS 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 (2) 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 PERCENT (25%)
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 GREATER DANGER OR RISK, SUBJECT TO ACCOUNTING
AND AUDITING REQUIREMENTS.”

SEC. 28. Section 84 of the same Act is hereby amended to read as follows:
"SEC. 84. Powers and Duties of the PDEA. ~ The PDEA shall
“ax x x
x x x
“ox Kx
(g) [Recommend-tothe-DOJ the-forfeiture-of properties-and-other

Laundering Act-of 2004.] COORDINATE AND SUBMIT CONFIDENTIAL
REPORTS WITH APPROPRIATE RECOMMENDATIONS TO THE ANTI-
MONEY LAUNDERING COUNCIL (AMLC) FOR THE ISSUANCE OF A
FREEZE ORDER, FOR THE INITIATION OF APPROPRIATE SEIZURE OR
FORFEITURE PROCEEDING AND FOR THE INVESTIGATION,
INSPECTION OR EXAMINATION OF ANY FINANCIAL TRANSACTION,
INVESTMENT OR ASSET IN ANY BANK OR FINANCIAL INTERMEDIARY
OF ANY PERSON SUSPECTED OR APPREHENDED FOR VIOLATING
SECTIONS 4, 5, 6, 8, 9, 10, 12, 13, 14 AND 16 OF THIS ACT.

THE CONFIDENTIAL REPORT OR RECOMMENDATION THAT IS
BASED ON RELIABLE AND VERIFIED INTELLIGENCE INFORMATION
SHALL CONTAIN THE NAME OR IDENTITY OF THE SUSPECT AND
OTHER RELEVANT INFORMATION. IT SHALL RENDER THE PERSONAL
AND RELATED TRANSACTIONS OF THE SUSPECT SUSPICIOUS
TRANSACTIONS AS DEFINED UNDER SECTION 3(B-1) IN RELATION TO
SECTION 4 OF REPUBLIC ACT NO. 9160, AS AMENDED, OTHERWISE


KNOWN AS THE “ANTI-MONEY LAUNDERING ACT OF 2001.” IT SHALL
HAVE THE SAME EFFECT IN THE CASE OF A REPORT OR
RECOMMENDATION MADE UPON ALL PERSONAL AND RELATED
TRANSACTIONS OF A PERSON ARRESTED OR APPREHENDED.

“PROPER COORDINATION AND EXCHANGE OF INFORMATION
WITH THE AMLC SHALL BE UNDERTAKEN TO SUBSTANTIATE
CHARGES, STRENGTHEN THE CASE, AND/OR SUPPORT THE
PROSECUTION AGAINST THE PERSON SUBJECT OF THE REPORT OR
RECOMMENDATION;

“h) x xk x

Wx x x

“(Il-4) SUBJECT TO THE PROVISIONS OF REPUBLIC ACT NO.
4200, ENTITLED “AN ACT TO PROHIBIT AND PENALIZE WIRE TAPPING
AND OTHER RELATED VIOLATIONS OF THE PRIVACY OF
COMMUNICATION, AND FOR OTHER PURPOSES,” MONITOR ANY
MESSAGE, COMMUNICATION OR CONVERSATION TRANSMITTED OR
RECEIVED THROUGH WIRELESS OR DIGITAL TELECOMMUNICATION,
ON-LINE, INTERNET, CYBER OR WHATEVER OTHER MEANS OF
COMMUNICATION IF IT CONSIDERS THAT SAID MESSAGE,
COMMUNICATION OR CONVERSATION IS CONNECTED TO THE
COMMISSION OF ANY OF THE UNLAWFUL ACTS OR ACTIVITIES
PRESCRIBED IN THIS ACT OR TO AN ACT PREPARATORY TO, OR FOR
THE PURPOSE OF COMMITTING SAID UNLAWFUL ACTS OR
ACTIVITIES. FOR THIS PURPOSE, THE PDEA SHALL ORGANIZE A
SPECIAL UNIT OR OFFICE UNDER ITS INTELLIGENCE AND
INVESTIGATION SERVICES TO MONITOR, BY THE USE OF
ELECTRONIC DEVICE, ALL ACTIVITIES OF ANY PERSON ENGAGED IN
IMPORTATION, EXPORTATION, MANUFACTURE, PLANTATION,
CULTIVATION, SELLING, PUSHING, TRADING, TRANSPORTATION OR
DISTRIBUTION OF ILLEGAL DRUGS OR SIMILAR SUBSTANCES, AND
THEIR FINANCIERS, PROTECTORS OR CODDLERS.

“SUBJECT TO THE PROVISIONS OF REPUBLIC ACT NO. 4200,
ANY INFORMATION GATHERED OR OBTAINED IN THE COURSE OF
VALID MONITORING MENTIONED IN THE PRECEDING PARAGRAPH,
WHETHER BEFORE OR AFTER THE SUBJECT PERSON IS CHARGED
FOR VIOLATION OF THIS ACT, MAY BE USED IN EVIDENCE AGAINST
HIM.

x Kx

W x x x

“(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 related to
dangerous drugs AND CONTROLLED PRECURSORS AND ESSENTIAL
CHEMICALS to which the Philippines is a signatory;

x x x
“(o) [Require—at tand_private_hospitals clinics doctors,
dontiets-and-othe to submit FIO, rd its

the-Board— aboutall_dangerous_druge-andlor_ controled precursors and
purpoese], CONDUCT REGULATORY COMPLIANCE INSPECTION AND
DANGEROUS DRUGS AND/OR CONTROLLED PRECURSORS AND
ESSENTIAL CHEMICALS DIVERSION CONTROL PROGRAM AND
INVESTIGATION;



x x x

“x x x

“(S) DEPUTIZE 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. 29. _ Section 85 of Republic Act No. 9165 is hereby amended to read as follows:

"SEC.85. The 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. The PDEA Academy shall be
responsible in the recruitment and training of all PDEA agents and personnel
The Board shall provide for the qualifications of its recruits who must be at
least twenty-one (21) years old, of proven integrity and honesty and a
Baccalaureate degree holder. 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.

x Xx x
SEC. 30. Section 86 of Republic Act No. 9165 is hereby amended to read as follows:
“SEC. 86. Transfer, Absorption, and Integration of All Operating
Units on Illegal Drugs into the PDEA and Transitory Provisions. — x x

x

x x x

THE HEADS OF THE PHILIPPINE NATIONAL POLICE, NATIONAL
BUREAU OF INVESTIGATION, BUREAU OF CUSTOMS, ARMED
FORCES OF THE PHILIPPINES OR OTHER GOVERNMENT AGENCIES
AND LOCAL GOVERNMENT UNITS PERFORMING LAW ENFORCEMENT
FUNCTIONS OR MISSIONS ARE AUTHORIZED TO CONTINUE
PLACEMENT OF THEIR PERSONNEL ON DETAIL SERVICE WITH PDEA
UPON THE REQUEST OF THE DIRECTOR GENERAL OF PDEA FOR A
PERIOD NOT EXCEEDING FIVE (5) YEARS: PROVIDED, THAT THE
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 RECRUIT A MINIMUM OF THREE
THOUSAND (3,000) ORGANIC PDEA AGENTS: PROVIDED, FINALLY,
THAT THE PERSONNEL ON DETAIL SHALL BE GIVEN THE OPTION TO
JOIN THE PDEA, SUBJECT TO PERTINENT LAWS, CIVIL SERVICE
RULES AND REGULATIONS, AND THE QUALIFICATION
REQUIREMENTS OF THE PDEA.

x Xx x
SEC. 31 Section 87 of the same Act is hereby amended to read as follows:
"SEC. 87. — Appropriations.- x x x

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 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 EXCEPT AS OTHERWISE




ALLOWED ELSEWHERE IN THIS ACT, no amount shall be disbursed to
cover operating expenses of the Board and other concerned agencies:
PROVIDED, FURTHER, THAT PDEA SHALL RETAIN THE TOTAL
COLLECTION FOR DRUGS AND CHEMICAL FEES AND CHARGES TO
FUND THE COMPLIANCE AND DIVERSION CONTROL PROGRAM, PDEA
ACADEMY DEVELOPMENT PROGRAM, AND FORENSIC LABORATORY
DEVELOPMENT PROGRAM OTHER THAN WHAT IS PROVIDED FOR IN
THE GENERAL APPROPRIATIONS ACT: Provided [furtherFINALLY, 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 centers
xx x

SEC. 32. Section 92 of the same Act is hereby amended to read as follows
“SEC. 92. Delay and Bungling in the Prosecution of Drug Cases.
~ Any government officer or employee tasked with the prosecution of drug-
related cases under this Act, who, through patent laxity, inexcusable neglect,
unreasonable delay or deliberately causes the unsuccessful prosecution
and/or dismissal of the said drug cases, shall suffer the penalty of
imprisonment ranging from twelve (12) years and one (1) day to twenty (20)
years without prejudice to his/her prosecution under the pertinent provisions

of the Revised Penal Code.

THE ACQUITTAL OR DISMISSAL OF ANY DRUG-RELATED CASE
IS PRESUMED BUNGLING IN THE PROSECUTION OF SAID CASE.
UNLESS PROVEN OTHERWISE, A DECISION OF THE COURT
DISMISSING OR ACQUITTING A CASE PROSECUTED UNDER THIS ACT
IS PRESUMED THAT THE CASE HAS BEEN UNSUCCESSFULLY
PROSECUTED AND THE GOVERNMENT PROSECUTOR, LAW
ENFORCER, OFFICER OR EMPLOYEE INVOLVED IN THE
PROSECUTION THEREOF DELIBERATELY CAUSED THE
UNSUCCESSFUL PROSECUTION AND/OR DISMISSAL OF THE SAID
CASE.

“THE TRIAL COURT OR APPELLATE/REVIEWING COURT THAT
RENDERS THE JUDGMENT OF ACQUITTAL OR ISSUES THE ORDER OF
DISMISSAL SHALL FURNISH A COPY THEREOF TO THE CIVIL SERVICE
COMMISSION AND TO THE OFFICE OF THE OMBUDSMAN, WHICH
SHALL PROMPTLY CONDUCT APPROPRIATE ADMINISTRATIVE
INVESTIGATION WITHIN A PERIOD OF FIVE (5) DAYS FROM RECEIPT
THEREOF. THE INVESTIGATION SHALL, IF WARRANTED, INCLUDE
THE IMPOSITION OF APPROPRIATE ADMINISTRATIVE SANCTION AND
THE FILING OF PROPER CRIMINAL ACTION FOR THE VIOLATION OF
THIS SECTION.”

SEC. 33 Section 93 of the same Act is hereby amended to read as follows:

"SEC. 93. Reclassification, Addition or Removal of Any Drug AND
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 CHEMICALS. THE
BOARD MAY ONLY REMOVE FROM SUCH LISTS, ANY OF THE
DANGEROUS DRUG AND/OR CONTROLLED PRECURSOR AND
ESSENTIAL CHEMICAL 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 ESSENTIAL CHEMICALS FROM
ANY SPECIFIC PROVISION OF THE REGULATION UNDER THIS ACT:
PROVIDED, THAT SUCH DANGEROUS DRUG PREPARATION OR ANY
DRUG PREPARATION CONTAINING CONTROLLED PRECURSORS AND
ESSENTIAL CHEMICALS IS REGISTERED WITH THE BUREAU OF FOOD
AND DRUGS AS A DRUG, AND PRODUCTS CONTAINING THE
CONTROLLED PRECURSORS AND ESSENTIAL CHEMICALS ARE
LEGITIMATELY TRADED AND SOLD COMMERCIALLY. Proceedings to
reclassify, add, or remove a drug, CHEMICAL or other substance, 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, CHEMICAL OR OTHER SUBSTANCE, a medical
society or association, a pharmacy association, A 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 an investigation of a drug, 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
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;
(c) The state of current scientific knowledge regarding the drug,

CHEMICAL or other substance:

(4) _ EVIDENCE AND history [and] OF current pattem of abuse,
ILLICIT TRAFFIC AND DIVERSION OF SUCH SUBSTANCE;

(e) The scope, duration, and significance of abuse, ILLICIT
TRAFFIC AND DIVERSION;

(f) Risk to public health; [and]

(g) | Whether the substance is an immediate precursor of a
substance already controlled under this Act;

(H) TOXICOLOGY, INCLUDING ADVERSE REACTIONS IN
HUMANS;

() THERAPEUTIC OR INDUSTRIAL USE;

(J) WHETHER THE PREPARATION OR MIXTURE IS
COMPOUNDED IN SUCH A WAY THAT IT PRESENTS NO OR
NEGLIGIBLE RISK OF ABUSE OR DIVERSION AND THE SUBSTANCE
MAY NOT 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 MAY NOT BE EASILY USED IN
THE ILLICIT PRODUCTION OF A DANGEROUS DRUG; AND


(L) WHETHER THE CONTROLLED PRECURSOR AND
ESSENTIAL CHEMICAL MAY 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.

“The Dangerous Drugs Board shall give notice to the general public of
the public hearing of the reclassification, addition to or removal from the list of
any drug, CHEMICAL OR SUBSTANCE OR EXEMPTION FROM ANY
PRESCRIBED REGULATION by publishing such notice in any newspaper of
general circulation once a week for two weeks OR PROVIDING
INTERESTED PARTIES WITH DUE NOTICES. THE BOARD SHALL
LIKEWISE GIVE NOTICE TO THE GENERAL PUBLIC OF ITS DECISIONS
BY PUBLISHING THE REGULATION IN ANY NEWSPAPER OF GENERAL
CIRCULATION ONCE A WEEK FOR TWO (2) WEEKS.

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

(a) _ In case a dangerous drug is reclassified as CONTROLLED
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 cases;

(b) In case a CONTROLLED precursor and essential chemical 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;

(c)__ Incase of the addition of a new drug 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;

(4) _ 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 the 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; [and]

(ec) [Fhe-Board-shall,—withinfive-(5)-daystrom—the-date-of its

sneval drug. thet d us—deugs:] 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; AND

(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, CHEMICAL



OR OTHER SUBSTANCE FROM THE LISTS OF DANGEROUS DRUGS
AND/OR CONTROLLED PRECURSORS AND ESSENTIAL CHEMICALS,
AND EXEMPTIONS.

SEC. 34 Section 101 of the same Act is hereby amended to read as follows:
“SEC. 101. [Amending] AMENDATORY Clause. — Republic Act
No. 7659 AND PRESIDENTIAL DECREE NO. 1619 [is] ARE hereby
amended accordingly.”
SEC. 35, Separability Clause. - Should any provision of this Act or any part thereof
be declared invalid, the other provisions, insofar as they are separable from the invalid one,
shall remain in full force and effect.

SEC. 36. Repealing Clause. ~ All laws, orders, issuances, rules and regulations or
parts thereof inconsistent with this Act are hereby repealed or modified accordingly.

SEC. 37, Effectivity. — This Act shall take effect fifteen (15) days after its publication in
the Official Gazette or in a newspaper of general circulation.

Approved,