Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH (18) CONGRESS
First Regular Session

HOUSE BILL NO,_5761

Introduced by REP. JOSE CHRISTOPHER Y. BELMONTE

EXPLANATORY NOTE

This bill intends to be a counterpart version of Senate Bill No. 513 entitled “An Act
Strengthening the Drug Abuse Prevention, Treatment, and Rehabilitation, Amending for the
Purpose Republic Act No. 9165, Otherwise Known as ‘The Comprehensive Dangerous Drugs
Act of 2002’ as Amended, and Appropriating Funds Therefor” as authored by the Sen. Ronald
“Bato” Dela Rosa.

This measure is pursuant to Section 15, Article Il of the 1987 Constitution which
provides that the State shall protect and promote the right to health of the people and instill
health consciousness among them. Moreover, Section 11 of the same Article states that the State
values the dignity of every human person and guarantees full respect for human rights.

In the Philippines, human rights groups and health advocates alike have expressed
concems on the conduct of the crackdown on alleged drug personalities. The 2016 United
Nations General Assembly Special Session on drugs (UNGASS 2016) has recognized “drug
addiction as a complex multifactorial health disorder characterized by chronic and relapsing
nature” that is preventable and treatable and not the result of moral failure or a criminal
behavior.

‘Towards the realization of drug addiction as a health issue rather than as a criminal one,
this bill adopts a more integrated and comprehensive approach to drug abuse prevention,
treatment, and rehabilitation. This measure includes the referral of persons who use drugs to an
appropriate drug treatment and rehabilitation program. In light of this, the recommendation of
a qualified DOH-accredited physician will determine the treatment for persons who use drugs.


Further, this bill ensures that drug users who voluntarily submit to authorities is given
the chance for treatment and rehabilitation provided for by a trained health service provider.
The health service shall include the after-care and follow up treatment. This bill also provides
for the establishment of residential and non-residential centers to expand the options available
for those who need treatment.

Lastly, this bill creates the Bureau on Drug Abuse Prevention and Control under the
Department of Health in order to centralize all of the Depart ment’s functions conceming drug
prevention, treatment, and rehabilitation. Under this Bureau, the Director shall promote
evidence and rights-based approach in the provision of treatment and rehabilitation services.

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

Stills


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH (18%) CONGRESS
First Regular Session

HOUSE BILL NO. 5761

Introduced by REP. JOSE CHRISTOPHER Y. BELMONTE

AN ACT STRENGTHENING THE DRUG ABUSE PREVENTION, TREATMENT,
AND REHABILITATION, AMENDING FOR THE PURPOSE REPUBLIC ACT NO.
9165, OTHERWISE KNOWN AS “THE COMPREHENSIVE DANGEROUS DRUGS

ACT OF 2002” AS AMENDED, AND APPROPRIATING FUNDS THEREFOR

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

Section 1. Declaration of Policy. — It is hereby declared the policy of the State to
protect and promote the right to health of the Filipino people and to instill health consciousness
among them on the harmful effects of dangerous drugs through the adoption of a more
integrated and comprehensive approach in the drug abuse prevention, treatment, and
rehabilitation.

See. 2. Section 15 of Republic Act No. 9165, otherwise known as “The Comprehensive
Dangerous Drugs Act of 2002”, is hereby amended to read as follows:

“Section 15. Use of Dangerous Drugs. — A person apprehended or arrested,
who is found to be positive for use of any dangerous drug, after a confirmatory test,
[shall be imposed a penalty of a minimum of six (6) months rehabilitation in a
government center for the first offense, subject to the provisions of Article VIII of this
Act] SHALL BE REFERRED TO AN APPROPRIATE PROGRAM AS
RECOMMENDED BY A QUALIFIED DOH-ACCREDITED PHYSICIAN.
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 drug provided for under
Section 11 of this Act, in which case the provisions stated therein shall apply.”


See. 3 Section 45 of Republic Act no 9165 is hereby amended, to read as follows:

“Section 45. Publication and Distribution of Materials on Dangerous Drugs. ~
With the assistance of the Board, the Secretary of the Department of Education
(DepEd), THE SECRETARY OF THE DEPARTMENT OF HEALTH (DOH), the
Chairman of the Commission on Higher Education (CHED) and the Director-General
of the Technical Education and Skills Development Authority (TESDA) shall cause
the development, publication and distribution of information and support educational
materials on dangerous drugs to the students, the faculty, the parents, and the
community.”

See. 4. Section 47 of Republic Act No. 9165 is hereby amended, to read as follows:

“Section 47. Drug-Free Workplace. ~ It is deemed a policy of the State to
promote drug-free workplaces using a tripartite approach. With the assistance of the
Board, the Department of Labor and Employment (DOLE), shall develop, promote and
implement a national drug abuse prevention program in the workplace to be adopted
by private companies with ten (10) or more employees. Such program shall include the
mandatory drafting and adoption of company policies [against] IN RELATION TO.
drug use in the workplace in close consultation and coordination with the DOLE, labor
and employer organizations, human resource development managers and other such
private sector organizations

SUCH COMPANY POLICIES SHALL INCLUDE THE PROVISION
THAT SHALL ENSURE THAT EMPLOYEES FOUND TO BE POSITIVE FOR
DRUG USE WILL BE REFERRED TO A TRAINED HEALTH SERVICE
PROVIDER; PROVIDED, THAT THE EMPLOYER SHALL NOT
TERMINATE THE SERVICES OF AN EMPLOYEE ON THE BASIS OF THE
EMPLOYEE’S TREATMENT, REHABILITATION, AND REFERRAL;
PROVIDED, FURTHER THAT EMPLOYEES FOUND TO BE POSITIVE FOR
DRUG USE SHALL NOT BE DEPRIVED OF ANY AND ALL RIGHTS.”

Sec. 5. Section 54 of Republic Act No. 9165 is hereby amended, to read as follows:

“Section 54. Voluntary Submission [of a Drug Dependent] to [Confinement,]
Treatment and Rehabilitation. — [A drug dependent or any person who violates Section
15 of this Act] ANY PERSON may by himself/herself or with the assistance of his/her
parent, spouse, guardian or relative within the fourth degree of consanguinity or
affinity, apply to the Board or its duly recognized representative, for treatment and
rehabilitation [of the drug dependency. Upon such application, the Board shall bring
forth the matter to the Court which shall order that the applicant be examined for drug
dependency. If the examination by a DOH-accredited physician results in the issuance
of a certification that the applicant is a drug dependent, he/she shall be ordered by the
‘Court to undergo treatment and rehabilitation in a Center designated by the Board for
a period of not less than six (6) months:] Provided, That a PERSON WHO


VOLUNTARILY SUBMITS [drug dependent] may [be placed under the care of a
DOH-accredited physician where there is no Center near or accessible to the residence
of the drug dependent or where said drug dependent is below eighteen (18) years of
age and is a first-time offender and non-confinement in a Center will not pose a serious
danger to his/her family or the community.) SEEK TREATMENT AND
REHABILITATION FROM A HEALTH FACILITY, BE SCREENED BY A
TRAINED HEALTH SERVICE PROVIDER AND ASSESSED THEREAFTER
BY A DOH-ACCREDITED PHYSICIAN. IF THE EXAMINATION BY A DOH-
ACCREDITED PHYSICIAN RESULTS IN THE DIAGNOSIS OF DRUG
DEPENDENCY, THE PERSON WHO VOLUNTARILY SUBMITS SHALL BE
REFERRED TO AN APPROPRIATE DRUG TREATMENT AND
REHABILITATION FACILITY WITH THE DURATION DEPENDING ON
THE SEVERITY OF THE DRUG DEPENDENCE AS DETERMINED BY A
QUALIFIED DOH-ACCREDITED PHYSICIAN.

OTHER FORMS OF confinement in a Center for treatment and rehabilitation
shall [not exceed one (1) year, after which time the Court, as well as the Board, shall
be apprised by the head of the treatment and rehabilitation center of the status of said
drug dependent and determine whether further confinement will be for the welfare of
the drug dependent and his/her family or the community.] BE BASED ON THE
DIAGNOSIS AND RECOMMENDATION OF A DOH-ACCREDITED
PHYSICIAN.”

Sec. 5. Section 56 of Republic Act No, 9165 is hereby amended, to read as follows:

Section 56. [Temporary Release From the Center;] After-Care and Follow-Up
Treatment Under the Voluntary Submission Program. — Upon certification of [the
Center] A DOH-ACCREDITED PHYSICIAN that the [drug dependent] PERSON
within the voluntary submission program HAS COMPLETED THE PRESCRIBED
TREATMENT AND REHABILITATION PROGRAM may be [temporarily]
released, the Court shall order his/her release on condition that said [drug dependent]
HE/SHE shall report to the DOH for after-care and follow-up treatment, including
urine testing, [for a period not exceeding eighteen (18) months under such terms and
conditions that the Court may impose.] WITH A DURATION BASED ON THE
RECOMMENDATIONS OF A QUALIFIED DOH-ACCREDITED PHYSICIAN
BUT SHALL NOT EXCEED EIGHTEEN (18) MONTHS.

If during the period of after-care and follow-up, the [drug dependent] PERSON
RELEASED is certified to be rehabilitated, he/she may be discharged by the Court,
subject to the provisions of Section 55 of this Act, without prejudice to the outcome of
any pending case filed in court.

However, should the DOH find that during the initial after-care and follow-up
program of eighteen (18) months, the [drug dependent] PERSON RELEASED


requires further treatment and rehabilitation, he/she shall be recommitted to [in the
Center for confinement] A TREATMENT AND REHABILITATION FACILITY
AS RECOMMENDED BY A DOH-ACCREDITED PHYSICIAN. Thereafter,
he/she may again be certified [for temporary release] AS REHABILITATED and
ordered [released] for another after-care and follow-up program pursuant to this
Section.”

Sec. 7. Section 75 of Republic Act No. 9165 is hereby amended, to read as follows:

“Section 75. Treatment and Rehabilitation Centers. — The existing treatment
and rehabilitation centers for DRUG USERS [drug dependents operated and
maintained by the NBI and the PNP] shall be operated, maintained and managed by the
DOH in coordination with other concerned agencies. For the purpose of enlarging the
network of centers, the Board through the DOH shall encourage, promote or whenever
feasible, assist or support in the establishment, operations and maintenance of private
centers which shall be eligible to receive grants, donations or subsidy from either
government or private sources. It shall [also support the establishment of]
ESTABLISH government-operated regional treatment and rehabilitation centers
[depending upon the availability of funds.] The national government, through its
appropriate agencies shall give priority funding for the increase of subsidy to existing
government drug rehabilitation centers, and shall establish at least one (1)
RESIDENTIAL drug rehabilitation center in each REGION, AND ONE (1) NON-
RESIDENTIAL DRUG REHABILITATION CENTER IN EACH province,
depending on the availability of funds.

BASED FROM THE EXISTING TREATMENT AND
REHABILITATION CENTERS, THE DOH SHALL ESTABLISH FIVE (5)
APEX TREATMENT AND REHABILITATION CENTERS TO PROVIDE
SPECIALISED CARE FOR DRUG USERS.

FOR DRUG DEPENDENTS WITH CRIMINAL OFFENSES OTHER
THAN VIOLATION OF SECTION 2 OF THIS ACT, THE DEPARTMENT OF
JUSTICE (DOJ) THROUGH THE BUREAU OF CORRECTIONS (BUCOR)
AND THE DEPARTMENT OF THE INTERIOR AND LOCAL
GOVERNMENT (DILG) THROUGH THE PHILIPPINE NATIONAL POLICE
(PNP) AND BUREAU OF JAIL MANAGEMENT AND PENOLOGY (BJMP)
SHALL ESTABLISH TREATMENT AND REHABILITATION CENTERS
WITHIN THEIR PENITENTIARY FACILITIES; PROVIDED, THAT
PERSONS DEPRIVED OF LIBERTY SHALL NOT BE DENIED ACCESS TO
TREATMENT AND REHABILITATION SERVICES.

Sec. 8. Section 76 of Republic Act No. 9165 is hereby amended, to read as follows:


1 “Section 76. The Duties and Responsibilities of the Department of Health
2 (DOH) Under this Act. —The DOH shall:
3 (1) XXX
4
s XXX XXX XXX
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7 (5) The DOH shall, without prejudice to the criminal prosecution of those found
8 guilty of violating this Act, order the closure of a Center for treatment and
9 rehabilitation of drug dependency when, after investigation it is found guilty of
10 violating the provisions of this Act or regulations issued by the Board; [and]
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12 (6) Charge reasonable fees for drug dependency examinations, other medical
13 and legal services provided to the public, which shall accrue to the Board. All
14 income derived from these sources shall be part of the funds constituted as
15 special funds for the implementation of this Act under Section 87; AND
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17 (7) REGULATE THE LICENSE TO PRESCRIBE (A) DANGEROUS
18 DRUG PREPARATIONS IN ANY FORM AND/OR (B) DRUG
19 PREPARATIONS CONTAINING CONTROLLED CHEMICALS.”
20
a Sec. 9. Creation of the Bureau on Drug Abuse Prevention and Control. To carry out

22 the above policy, the Bureau on Drug Abuse, Prevention, and Control shall be created under
23 the DOH.

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25 (a) Objectives of the Bureau. The objectives of the Bureau are:

26 (1) To lead in the implementation of the selected mandates of the DOH as stipulated
7 under Republic Act No. 9165

28 (2) To promote evidence-based and rights-based approach in the provision of treatment
29 and rehabilitation services.

30

31 (b) Composition. The present Dangerous Drugs Abuse Prevention and Treatment Program
32 (DDAPTP) functionally created in the DOH shall be accordingly modified and
33 absorbed by the Bureau.

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35 ‘The Bureau shall be headed by a Director IV, who shall be responsible for the general
36 administration and management of the Bureau. The Director of the Bureau shall be
37 appointed by the Office of the President, as recommended by the Secretary of Health
38 and shall provide guidance, recommendations, and directions related to matters
39 concerning drug abuse prevention and control, and perform such other duties that may
40 be assigned. The Director IV must possess adequate knowledge, training and
a experience in the field of addiction and drug dependence.

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43 The Bureau shall determine the composition and size of the organizational structure as

44 it may be deemed necessary, in accordance with the Civil Service laws and regulations.


CaOITHAWNH

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(c) Powers and Functions. The Bureau shall have the following powers and functions:
1. Develop standards, guidelines and systems including health promotion and
advocacy programs on the prevention, treatment, rehabilitation and of dangerous

drugs across identified key settings;

2. Recommend and propose the establishment of additional Drug Abuse Treatment
and Residential Centers (DATRCs) (residential and non-residential) based on
needs, and aligned with the existing health facility development plan of the DOH;

3. Provide technical, functional, and advocacy assistance to end users, stakeholders
and partner agencies relative to drug abuse prevention and treatment;

4. Conduct health research for the improvement of prevention and treatment services;

5. Represent DOH in the Dangerous Drugs Board (DDB), Inter-Agency Task Forces
and other relevant committees; and

6. Establish networks with various agencies, professional groups and organizations in
implementing the mandates of DOH.

See. 10. Appropriations. The amount needed for the initial implementation of this Act
shall be taken from the current fiscal year’s appropriation for the Dangerous Drugs Board.
Thereafter, the amount needed for the operations and maintenance of the Bureau shall be
included in the General Appropriations Act.

See. 11. Implementing Rules and Regulations. The DOH, the Department of Budget
and Management (DBM), and the Civil Service Commission (CSC), in consultation and in
coordination with the DDB, Department of Interior and Local Government (DILG), civil
society organizations, non-government organizations, and the private sector, shall promulgate
anew set of implementing rules and regulations within ninety (90) days from the effectivity of
this Act

Sec. 12. Separability Clause. If any provision of this Act is held invalid or
unconstitutional, the same shall not affect the validity and effectivity of the other provisions
hereof.

Sec. 13. Repealing Clause. Sections 58, 59, and 61 of Republic Act No. 9165 are hereby
repealed.

All other laws, decrees, executive orders and rules and regulations contrary to or
inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

See. 14. Effectivity Clause. This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation,

Approved,