Congress of the Philippines

Twelfth Congress
First Regular Session

REPUBLIC ACT NO. 9165 June 7, 2002

AN ACT INSTITUTING THE COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002,

REPEALING REPUBLIC ACT NO. 6425, OTHERWISE KNOWN AS THE DANGEROUS DRUGS
ACT OF 1972, AS AMENDED, PROVIDING FUNDS THEREFOR, AND FOR OTHER PURPOSES

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

Section 1. Short Title. This Act shall be known and cited as the "Comprehensive Dangerous Drugs
Act of 2002".

Section 2. Declaration of Policy. It is the policy of the State to safeguard the integrity of its territory
and the well-being of its citizenry particularly the youth, from the harmful effects of dangerous drugs
on their physical and mental well-being, and to defend the same against acts or omissions
detrimental to their development and preservation. In view of the foregoing, the State needs to
enhance further the efficacy of the law against dangerous drugs, it being one of today's more serious
social ills.

Toward this end, the government shall pursue an intensive and unrelenting campaign against the
trafficking and use of dangerous drugs and other similar substances through an integrated system of
planning, implementation and enforcement of anti-drug abuse policies, programs, and projects. The
government shall however aim to achieve a balance in the national drug control program so that
people with legitimate medical needs are not prevented from being treated with adequate amounts
of appropriate medications, which include the use of dangerous drugs.

It is further declared the policy of the State to provide effective mechanisms or measures to re-
integrate into society individuals who have fallen victims to drug abuse or dangerous drug
dependence through sustainable programs of treatment and rehabilitation.

ARTICLE I

Definition of terms

Section 3. Definitions. As used in this Act, the following terms shall mean:

(j) Dangerous Drugs. Include those listed in the Schedules annexed to the 1961 Single
Convention on Narcotic Drugs, as amended by the 1972 Protocol, and in the Schedules annexed to
the 1971 Single Convention on Psychotropic Substances as enumerated in the attached annex
which is an integral part of this Act.

(k) Deliver. Any act of knowingly passing a dangerous drug to another, personally or otherwise,
and by any means, with or without consideration.

(l) Den, Dive or Resort. A place where any dangerous drug and/or controlled precursor and
essential chemical is administered, delivered, stored for illegal purposes, distributed, sold or used in
any form.

(m) Dispense. Any act of giving away, selling or distributing medicine or any dangerous drug with
or without the use of prescription.

(n) Drug Dependence. As based on the World Health Organization definition, it is a cluster of
physiological, behavioral and cognitive phenomena of variable intensity, in which the use of
psychoactive drug takes on a high priority thereby involving, among others, a strong desire or a
sense of compulsion to take the substance and the difficulties in controlling substance-taking
behavior in terms of its onset, termination, or levels of use.

(x) Methamphetamine Hydrochloride or commonly known as "Shabu", "Ice", "Meth", or by its any
other name. Refers to the drug having such chemical composition, including any of its isomers or
derivatives in any form.

(aa) PDEA. Refers to the Philippine Drug Enforcement Agency under Section 82, Article IX of this
Act.
(bb) Person. Any entity, natural or juridical, including among others, a corporation, partnership,
trust or estate, joint stock company, association, syndicate, joint venture or other unincorporated
organization or group capable of acquiring rights or entering into obligations.

(cc) Planting of Evidence. The willful act by any person of maliciously and surreptitiously inserting,
placing, adding or attaching directly or indirectly, through any overt or covert act, whatever quantity
of any dangerous drug and/or controlled precursor and essential chemical in the person, house,
effects or in the immediate vicinity of an innocent individual for the purpose of implicating,
incriminating or imputing the commission of any violation of this Act.

(ff) Pusher. Any person who sells, trades, administers, dispenses, delivers or gives away to
another, on any terms whatsoever, or distributes, dispatches in transit or transports dangerous drugs
or who acts as a broker in any of such transactions, in violation of this Act.

(ii) Sell. Any act of giving away any dangerous drug and/or controlled precursor and essential
chemical whether for money or any other consideration.

(jj) Trading. Transactions involving the illegal trafficking of dangerous drugs and/or controlled
precursors and essential chemicals using electronic devices such as, but not limited to, text
messages, email, mobile or landlines, two-way radios, internet, instant messengers and chat rooms
or acting as a broker in any of such transactions whether for money or any other consideration in
violation of this Act.

(kk) Use. Any act of injecting, intravenously or intramuscularly, of consuming, either by chewing,
smoking, sniffing, eating, swallowing, drinking or otherwise introducing into the physiological system
of the body, and of the dangerous drugs.

ARTICLE II

Unlawful Acts and Penalties

Section 4. Importation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals.-
.The penalty of life imprisonment to death and a 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 import or bring into 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
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 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 canceled.

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.

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.

Section 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.

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 sell,
trade, administer, dispense, deliver, give away to another, distribute, dispatch in transit or transport
any controlled precursor and essential chemical, or shall act as a broker in such transactions.

If the sale, trading, administration, dispensation, delivery, distribution or transportation of any

dangerous drug and/or controlled precursor and essential chemical transpires within one hundred
(100) meters from the school, the maximum penalty shall be imposed in every case.

For drug pushers who use minors or mentally incapacitated individuals as runners, couriers and
messengers, or in any other capacity directly connected to the dangerous drugs and/or controlled
precursors and essential chemical trade, the maximum penalty shall be imposed in every case.

If the victim of the offense is a minor or a mentally incapacitated individual, or should a dangerous
drug and/or a controlled precursor and essential chemical involved in any offense herein provided be
the proximate cause of death of a victim thereof, the maximum penalty provided for under this
Section shall be imposed.

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.

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.

The penalty of imprisonment ranging from six (6) months and one (1) day to four (4) years and a fine
ranging from Ten thousand pesos (P10,000.00) to Fifty thousand pesos (P50,000.00) shall be
imposed if it will be used to inject, ingest, inhale or otherwise introduce into the human body a
dangerous drug in violation of this Act.

The maximum penalty provided for under this Section shall be imposed upon any person, who uses
a minor or a mentally incapacitated individual to deliver such equipment, instrument, apparatus and
other paraphernalia for dangerous drugs.

Section 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;

(2) 10 grams or more of morphine;

(3) 10 grams or more of heroin;

(4) 10 grams or more of cocaine or cocaine hydrochloride;

(5) 50 grams or more of methamphetamine hydrochloride or "shabu";

(6) 10 grams or more of marijuana resin or marijuana resin oil;

(7) 500 grams or more of marijuana; and

(8) 10 grams or more of other dangerous drugs such as, but not limited to,
methylenedioxymethamphetamine (MDA) or "ecstasy", paramethoxyamphetamine (PMA),
trimethoxyamphetamine (TMA), lysergic acid diethylamine (LSD), gamma
hydroxyamphetamine (GHB), and those similarly designed or newly introduced drugs and
their derivatives, without having any therapeutic value or if the quantity possessed is far
beyond therapeutic requirements, as determined and promulgated by the Board in
accordance to Section 93, Article XI of this Act.

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

(1) Life imprisonment and a fine ranging from Four hundred thousand pesos (P400,000.00)
to Five hundred thousand pesos (P500,000.00), if the quantity of methamphetamine
hydrochloride or "shabu" is ten (10) grams or more but less than fifty (50) grams;
 (2) Imprisonment of twenty (20) years and one (1) day to life imprisonment and a fine ranging
from Four hundred thousand pesos (P400,000.00) to Five hundred thousand pesos
(P500,000.00), if the quantities of dangerous drugs are five (5) grams or more but less than
ten (10) grams of opium, morphine, heroin, cocaine or cocaine hydrochloride, marijuana
resin or marijuana resin oil, methamphetamine hydrochloride or "shabu", or other dangerous
drugs such as, but not limited to, MDMA or "ecstasy", PMA, TMA, LSD, GHB, and those
similarly designed or newly introduced drugs and their derivatives, without having any
therapeutic value or if the quantity possessed is far beyond therapeutic requirements; or
three hundred (300) grams or more but less than five (hundred) 500) grams of marijuana;
and

(3) Imprisonment of twelve (12) years and one (1) day to twenty (20) years and a fine
ranging from Three hundred thousand pesos (P300,000.00) to Four hundred thousand pesos
(P400,000.00), if the quantities of dangerous drugs are less than five (5) grams of opium,
morphine, heroin, cocaine or cocaine hydrochloride, marijuana resin or marijuana resin oil,
methamphetamine hydrochloride or "shabu", or other dangerous drugs such as, but not
limited to, MDMA or "ecstasy", PMA, TMA, LSD, GHB, and those similarly designed or newly
introduced drugs and their derivatives, without having any therapeutic value or if the quantity
possessed is far beyond therapeutic requirements; or less than three hundred (300) grams of
marijuana.

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. If apprehended using any dangerous drug 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 drug provided for under
Section 11 of this Act, in which case the provisions stated therein shall apply.

Section 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. Every penalty imposed for the unlawful importation, sale,
trading, administration, dispensation, delivery, distribution, transportation or manufacture of any
dangerous drug and/or controlled precursor and essential chemical, the cultivation or culture of
plants which are sources of dangerous drugs, and the possession of any equipment, instrument,
apparatus and other paraphernalia for dangerous drugs including other laboratory equipment, shall
carry with it the confiscation and forfeiture, in favor of the government, of all the proceeds and
properties derived from the unlawful act, including, but not limited to, money and other assets
obtained thereby, and the instruments or tools with which the particular unlawful act was committed,
unless they are the property of a third person not liable for the unlawful act, but those which are not
of lawful commerce shall be ordered destroyed without delay pursuant to the provisions of Section
21 of this Act.

After conviction in the Regional Trial Court in the appropriate criminal case filed, the Court shall
immediately schedule a hearing for the confiscation and forfeiture of all the proceeds of the offense
and all the assets and properties of the accused either owned or held by him or in the name of some
other persons if the same shall be found to be manifestly out of proportion to his/her lawful
income: Provided, however, That if the forfeited property is a vehicle, the same shall be auctioned off
not later than five (5) days upon order of confiscation or forfeiture.

During the pendency of the case in the Regional Trial Court, no property, or income derived
therefrom, which may be confiscated and forfeited, shall be disposed, alienated or transferred and
the same shall be in custodia legisand no bond shall be admitted for the release of the same.

The proceeds of any sale or disposition of any property confiscated or forfeited under this Section
shall be used to pay all proper expenses incurred in the proceedings for the confiscation, forfeiture,
custody and maintenance of the property pending disposition, as well as expenses for publication
and court costs. The proceeds in excess of the above expenses shall accrue to the Board to be used
in its campaign against illegal drugs.

Section 21. Custody and Disposition of Confiscated, Seized, and/or Surrendered Dangerous Drugs,
Plant Sources of Dangerous Drugs, Controlled Precursors and Essential Chemicals,
Instruments/Paraphernalia and/or Laboratory Equipment. The PDEA shall take charge and have
custody of all dangerous drugs, plant sources of dangerous drugs, controlled precursors and
essential chemicals, as well as instruments/paraphernalia and/or laboratory equipment so
confiscated, seized and/or surrendered, for proper disposition in the following manner:
 (1) The apprehending team having initial custody and control of the drugs shall, immediately
after seizure and confiscation, physically inventory and photograph the same in the presence
of the accused or the person/s from whom such items were confiscated and/or seized, or
his/her representative or counsel, a representative from the media and the Department of
Justice (DOJ), and any elected public official who shall be required to sign the copies of the
inventory and be given a copy thereof;

(2) Within twenty-four (24) hours upon confiscation/seizure of dangerous drugs, plant
sources of dangerous drugs, controlled precursors and essential chemicals, as well as
instruments/paraphernalia and/or laboratory equipment, the same shall be submitted to the
PDEA Forensic Laboratory for a qualitative and quantitative examination;

(3) A certification of the forensic laboratory examination results, which shall be done under
oath by the forensic laboratory examiner, shall be issued within twenty-four (24) hours after
the receipt of the subject item/s: Provided, That when the volume of the dangerous drugs,
plant sources of dangerous drugs, and controlled precursors and essential chemicals does
not allow the completion of testing within the time frame, a partial laboratory examination
report shall be provisionally issued stating therein the quantities of dangerous drugs still to
be examined by the forensic laboratory: Provided, however, That a final certification shall be
issued on the completed forensic laboratory examination on the same within the next twenty-
four (24) hours;

(4) After the filing of the criminal case, the Court shall, within seventy-two (72) hours, conduct
an ocular inspection of the confiscated, seized and/or surrendered dangerous drugs, plant
sources of dangerous drugs, and controlled precursors and essential chemicals, including
the instruments/paraphernalia and/or laboratory equipment, and through the PDEA shall
within twenty-four (24) hours thereafter proceed with the destruction or burning of the same,
in the presence of the accused or the person/s from whom such items were confiscated
and/or seized, or his/her representative or counsel, a representative from the media and the
DOJ, civil society groups and any elected public official. The Board shall draw up the
guidelines on the manner of proper disposition and destruction of such item/s which shall be
borne by the offender: Provided, That those item/s of lawful commerce, as determined by the
Board, shall be donated, used or recycled for legitimate purposes: Provided, further, That a
representative sample, duly weighed and recorded is retained;

(5) The Board shall then issue a sworn certification as to the fact of destruction or burning of
the subject item/s which, together with the representative sample/s in the custody of the
PDEA, shall be submitted to the court having jurisdiction over the case. In all instances, the
representative sample/s shall be kept to a minimum quantity as determined by the Board;

(6) The alleged offender or his/her representative or counsel shall be allowed to personally
observe all of the above proceedings and his/her presence shall not constitute an admission
of guilt. In case the said offender or accused refuses or fails to appoint a representative after
due notice in writing to the accused or his/her counsel within seventy-two (72) hours before
the actual burning or destruction of the evidence in question, the Secretary of Justice shall
appoint a member of the public attorney's office to represent the former;

(7) After the promulgation and judgment in the criminal case wherein the representative
sample/s was presented as evidence in court, the trial prosecutor shall inform the Board of
the final termination of the case and, in turn, shall request the court for leave to turn over the
said representative sample/s to the PDEA for proper disposition and destruction within
twenty-four (24) hours from receipt of the same; and

(8) Transitory Provision: a) Within twenty-four (24) hours from the effectivity of this Act,
dangerous drugs defined herein which are presently in possession of law enforcement
agencies shall, with leave of court, be burned or destroyed, in the presence of
representatives of the Court, DOJ, Department of Health (DOH) and the accused/and or
his/her counsel, and, b) Pending the organization of the PDEA, the custody, disposition, and
burning or destruction of seized/surrendered dangerous drugs provided under this Section
shall be implemented by the DOH.

Section 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 law enforcers participating in the operation, which results in the
successful confiscation, seizure or surrender of dangerous drugs, plant sources of dangerous drugs,
and controlled precursors and essential chemicals.

Section 23. Plea-Bargaining Provision. Any person charged under any provision of this Act
regardless of the imposable penalty shall not be allowed to avail of the provision on plea-bargaining.
Section 24. Non-Applicability of the Probation Law for Drug Traffickers and Pushers. Any person
convicted for drug trafficking or pushing under this Act, regardless of the penalty imposed by the
Court, cannot avail of the privilege granted by the Probation Law or Presidential Decree No. 968, as
amended.

Section 25. Qualifying Aggravating Circumstances in the Commission of a Crime by an Offender

Under the Influence of Dangerous Drugs. Notwithstanding the provisions of any law to the
contrary, a positive finding for the use of dangerous drugs shall be a qualifying aggravating
circumstance in the commission of a crime by an offender, and the application of the penalty
provided for in the Revised Penal Code shall be applicable.

Section 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) Importation of any dangerous drug and/or controlled precursor and essential chemical;

(b) Sale, trading, administration, dispensation, delivery, distribution and transportation of any
dangerous drug and/or controlled precursor and essential chemical;

(c) Maintenance of a den, dive or resort where any dangerous drug is used in any form;

(d) Manufacture of any dangerous drug and/or controlled precursor and essential chemical;
and

(e) Cultivation or culture of plants which are sources of dangerous drugs.

ARTICLE III

Dangerous Drugs Test and Record Requirements

Section 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 test 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, two (2) testing methods, the screening test which will determine
the positive result as well as the type of the drug used and the confirmatory test which will confirm a
positive screening test. Drug test certificates issued by accredited drug testing centers shall be valid
for a one-year period from the date of issue which may be used for other purposes. The following
shall be subjected to undergo drug testing:

(a) Applicants for driver's license. No driver's license shall be issued or renewed to any
person unless he/she presents a certification that he/she has undergone a mandatory drug
test and indicating thereon that he/she is free from the use of dangerous drugs;

(b) Applicants for firearm's license and for permit to carry firearms outside of residence. All
applicants for firearm's license and permit to carry firearms outside of residence shall
undergo a mandatory drug test to ensure that they are free from the use of dangerous
drugs: Provided, That all persons who by the nature of their profession carry firearms shall
undergo drug testing;

(c) Students of secondary and tertiary schools. Students of secondary and tertiary schools
shall, pursuant to the related rules and regulations as contained in the school's student
handbook and with notice to the parents, undergo a random drug testing: Provided, That all
drug testing expenses whether in public or private schools under this Section will be borne
by the government;

(d) Officers and employees of public and private offices. Officers and employees of public
and private offices, whether domestic or overseas, shall be subjected to undergo a random
drug test as contained in the company's work rules and regulations, which shall be borne by
the employer, for purposes of reducing the risk in the workplace. Any officer or employee
found positive for use of dangerous drugs shall be dealt with administratively which shall be
a ground for suspension or termination, subject to the provisions of Article 282 of the Labor
Code and pertinent provisions of the Civil Service Law;

(e) Officers and members of the military, police and other law enforcement agencies.
Officers and members of the military, police and other law enforcement agencies shall
undergo an annual mandatory drug test;
 (f) All persons charged before the prosecutor's office with a criminal offense having an
imposable penalty of imprisonment of not less than six (6) years and one (1) day shall have
to undergo a mandatory drug test; and

(g) All candidates for public office whether appointed or elected both in the national or local
government shall undergo a mandatory drug test.

In addition to the above stated penalties in this Section, those found to be positive for
dangerous drugs use shall be subject to the provisions of Section 15 of this Act.

Section 38. Laboratory Examination or Test on Apprehended/Arrested Offenders. Subject to

Section 15 of this Act, any person apprehended or arrested for violating the provisions of this Act
shall be subjected to screening laboratory examination or test within twenty-four (24) hours, if the
apprehending or arresting officer has reasonable ground to believe that the person apprehended or
arrested, on account of physical signs or symptoms or other visible or outward manifestation, is
under the influence of dangerous drugs. If found to be positive, the results of the screening
laboratory examination or test shall be challenged within fifteen (15) days after receipt of the result
through a confirmatory test conducted in any accredited analytical laboratory equipment with a gas
chromatograph/mass spectrometry equipment or some such modern and accepted method, if
confirmed the same shall be prima facie evidence that such person has used dangerous drugs,
which is without prejudice for the prosecution for other violations of the provisions of this
Act: Provided, That a positive screening laboratory test must be confirmed for it to be valid in a court
of law.

ARTICLE XI

Jurisdiction Over Dangerous Drugs Cases

Section 90. Jurisdiction. The Supreme Court shall designate special courts from among the
existing Regional Trial Courts in each judicial region to exclusively try and hear cases involving
violations of this Act. The number of courts designated in each judicial region shall be based on the
population and the number of cases pending in their respective jurisdiction.

The DOJ shall designate special prosecutors to exclusively handle cases involving violations of this
Act.

The preliminary investigation of cases filed under this Act shall be terminated within a period of thirty
(30) days from the date of their filing.

When the preliminary investigation is conducted by a public prosecutor and a probable cause is
established, the corresponding information shall be filed in court within twenty-four (24) hours from
the termination of the investigation. If the preliminary investigation is conducted by a judge and a
probable cause is found to exist, the corresponding information shall be filed by the proper
prosecutor within forty-eight (48) hours from the date of receipt of the records of the case.

Trial of the case under this Section shall be finished by the court not later than sixty (60) days from
the date of the filing of the information. Decision on said cases shall be rendered within a period of
fifteen (15) days from the date of submission of the case for resolution.

Section 91. Responsibility and Liability of Law Enforcement Agencies and other Government
Officials and Employees in Testifying as Prosecution Witnesses in Dangerous Drugs Cases. Any
member of law enforcement agencies or any other government official and employee who, after due
notice, fails or refuses intentionally or negligently, to appear as a witness for the prosecution in any
proceedings, involving violations of this Act, without any valid reason, shall be punished with
imprisonment of not less than twelve (12) years and one (1) day to twenty (20) years and a fine of
not less than Five hundred thousand pesos (P500,000.00), in addition to the administrative liability
he/she may be meted out by his/her immediate superior and/or appropriate body.

The immediate superior of the member of the law enforcement agency or any other government
employee mentioned in the preceding paragraph shall be penalized with imprisonment of not less
than two (2) months and one (1) day but not more than six (6) years and a fine of not less than Ten
thousand pesos (P10,000.00) but not more than Fifty thousand pesos (P50,000.00) and in addition,
perpetual absolute disqualification from public office if despite due notice to them and to the witness
concerned, the former does not exert reasonable effort to present the latter to the court.

The member of the law enforcement agency or any other government employee mentioned in the
preceding paragraphs shall not be transferred or re-assigned to any other government office located
in another territorial jurisdiction during the pendency of the case in court. However, the concerned
member of the law enforcement agency or government employee may be transferred or re-assigned
for compelling reasons: Provided, That his/her immediate superior shall notify the court where the
case is pending of the order to transfer or re-assign, within twenty-four (24) hours from its
approval; Provided, further, That his/her immediate superior shall be penalized with imprisonment of
not less than two (2) months and one (1) day but not more than six (6) years and a fine of not less
than Ten thousand pesos (P10,000.00) but not more than Fifty thousand pesos (P50,000.00) and in
addition, perpetual absolute disqualification from public office, should he/she fail to notify the court of
such order to transfer or re-assign.

Prosecution and punishment under this Section shall be without prejudice to any liability for violation
of any existing law.

Section 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.

Section 93. Reclassification, Addition or Removal of Any Drug from the List of Dangerous Drugs.
The Board shall have the power to reclassify, add to or remove from the list of dangerous drugs.
Proceedings to reclassify, add, or remove a drug or other substance may be initiated by the PDEA,
the DOH, or by petition from any interested party, including the manufacturer of a drug, a medical
society or association, a pharmacy association, a public interest group concerned with drug 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. The PDEA also may begin an
investigation of a drug 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:

(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 or other substance;

(d) Its history and current pattern of abuse;

(e) The scope, duration, and significance of abuse;

(f) Risk to public health; and

(g) Whether the substance is an immediate precursor of a substance already controlled

under this Act.

The Board shall also 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 by publishing such notice in any
newspaper of general circulation once a week for two (2) weeks.

The effect of such reclassification, addition or removal shall be as follows:

(a) In case a dangerous drug is reclassified as precursors and essential chemicals, the
penalties for the violations of this Act involving the two latter categories of drugs shall, in
case of conviction, be imposed in all pending criminal prosecutions;

(b) In case a precursors and essential chemicals is reclassified as dangerous drug, the
penalties for violations of the Act involving precursors and essential chemicals shall, in case
of conviction, be imposed in all pending criminal prosecutions;

(c) In case of the addition of a new drug to the list of dangerous drugs and 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;
(d) In case of removal of a drug from the list of dangerous drugs and precursors and
essential chemicals, all persons convicted and/or detained for the use and/or possession of
such a drug shall be automatically released and all pending criminal prosecution involving
such a drug under this Act shall forthwith be dismissed; and

(e) The Board shall, within five (5) days from the date of its promulgation submit to Congress
a detailed reclassification, addition, or removal of any drug from the list of dangerous drugs.