Be It Enacted by The Senate and House of Representatives of The Philippines in Congress Assembled
Be It Enacted by The Senate and House of Representatives of The Philippines in Congress Assembled
Be It Enacted by The Senate and House of Representatives of The Philippines in Congress Assembled
9775 (b) "Child pornography" refers to any representation, whether visual, audio, or written combination
thereof, by electronic, mechanical, digital, optical, magnetic or any other means, of child engaged
AN ACT DEFINING THE CRIME OF CHILD PORNOGRAPHY, PRESCRIBING PENALTIES THEREFOR AND or involved in real or simulated explicit sexual activities.
FOR OTHER PURPOSES (OSEC – Online Sexual Exploitation of Children)
(c) "Explicit Sexual Activity" includes actual or simulated -
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
(1) As to form:
Section 1. Short Title. - This Act shall be known as the "Anti-Child Pornography Act of 2009."
(i) sexual intercourse or lascivious act including, but not limited to, contact involving genital to
Section 2. Declaration of Policy. - The State recognizes the vital role of the youth in nation building and shall genital, oral to genital, anal to genital, or oral to anal, whether between persons of the same or
promote and protect their physical, moral, spiritual, intellectual, emotional, psychological and social well-being. opposite sex;
Towards this end, the State shall: Protect children from all forms of exploitation.
(2) bestiality;
(a) Guarantee the fundamental rights of every child from all forms of neglect, cruelty and other conditions
prejudicial to his/her development; (3) masturbation;
(b) Protect every child from all forms of exploitation and abuse including, but not limited to: (4) sadistic or masochistic abuse;
(1) the use of a child in pornographic performances and materials; and (5) lascivious exhibition of the genitals, buttocks, breasts, pubic area and/or anus; or
(2) the inducement or coercion of a child to engage or be involved in pornography through (6) use of any object or instrument for lascivious acts
whatever means; and
(d) "Internet address" refers to a website, bulletin board service, internet chat room or news group, or any
(c) Comply with international treaties to which the Philippines is a signatory or a State party concerning other internet or shared network protocol address.
the rights of children which include, but not limited to, the Convention on the Rights of the Child, the
Optional Protocol to the Convention on the Rights of the Child of the Child on the Sale of Children, Child (e) "Internet cafe or kiosk" refers to an establishment that offers or proposes to offer services to the public
Prostitution and Child Pornography, the International Labor Organization (ILO) Convention No.182 on the for the use of its computer/s or computer system for the purpose of accessing the internet, computer
Elimination of the Worst Forms of Child Labor and the Convention Against Transnational Organized games or related services.
Crime.
(f) "Internet content host" refers to a person who hosts or who proposes to host internet content in the
Section 3. Definition of Terms. – Philippines.
(a) "Child" refers to a person below eighteen (18) years of age or over, but is unable to fully take care of (g) "Internet service provider (ISP)" refers to a person or entity that supplies or proposes to supply, an
himself/herself from abuse, neglect, cruelty, exploitation or discrimination because of a physical or mental internet carriage service to the public.
disability or condition.
(h) "Grooming" refers to the act of preparing a child or someone who the offender believes to be a child
For the purpose of this Act, a child shall also refer to: for sexual activity or sexual relationship by communicating any form of child pornography. It includes
online enticement or enticement through any other means.
(1) a person regardless of age who is presented, depicted or portrayed as a child as
defined herein; and (i) "Luring" refers to the act of communicating, by means of a computer system, with a child or someone
who the offender believes to be a child for the purpose of facilitating the commission of sexual activity or
(2) computer-generated, digitally or manually crafted images or graphics of a person who production of any form of child pornography.(2) Bestiality;
is represented or who is made to appear to be a child as defined herein.
(j) "Pandering" refers to the act of offering, advertising, promoting, representing or distributing through
any means any material or purported material that is intended to cause another to believe that the material
or purported material contains any form of child pornography, regardless of the actual content of the Section 6. Who May File a Complaint. - Complaints on cases of any form of child pornography and other offenses
material or purported material. punishable under this Act may be filed by the following:
(k) "Person" refers to any natural or juridical entity. (a) Offended party;
Section 4. Unlawful or Prohibited Acts. - It shall be unlawful for any person: (b) Parents or guardians;
(a) To hire, employ, use, persuade, induce or coerce a child to perform in the creation or production of (c) Ascendant or collateral relative within the third degree of consanguinity;
any form of child pornography;
(d) Officer, social worker or representative of a licensed child-caring institution;
(b) To produce, direct, manufacture or create any form of child pornography;
(e) Officer or social worker of the Department of Social Welfare and Development (DSWD);
(c) To publish offer, transmit, sell, distribute, broadcast, advertise, promote, export or import any form of
child pornography; (f) Local social welfare development officer;
d) To possess any (form of child pornography with the intent to sell, distribute, publish, or broadcast: (g) Barangay chairman;
Provided. That possession of three (3) or more articles of child pornography of the same form shall be
prima facie evidence of the intent to sell, distribute, publish or broadcast;
(h) Any law enforcement officer;
(e) To knowingly, willfully and intentionally provide a venue for the commission of prohibited acts as, but
not limited to, dens, private rooms, cubicles, cinemas, houses or in establishments purporting to be a (i) At least three (3) concerned responsible citizens residing in the place where the violation occurred; or
legitimate business;
(j) Any person who has personal knowledge of the circumstances of the commission of any offense under
(f) For film distributors, theaters and telecommunication companies, by themselves or in cooperation with this Act.
other entities, to distribute any form of child pornography;
Section 7. Appointment of Special Prosecutors. - The Department of Justice (DOJ) shall appoint or designate
(g) For a parent, legal guardian or person having custody or control of a child to knowingly permit the child special prosecutors to prosecute cases for the violation of this Act.
to engage, participate or assist in any form of child pornography;
Section 8. Jurisdiction. - Jurisdiction over cases for the violation of this Act shall be vested in the Family Court
(h) To engage in the luring or grooming of a child; which has territorial jurisdiction over the place where the offense or any of its essential elements was committed
pursuant to Republic Act No. 8369, otherwise known as "Family Courts Act of 1997".
(i) To engage in pandering of any form of child pornography;
Section 9. Duties of an Internet Service Provider (ISP). - All internet service providers (ISPs) shall notify the
Philippine National Police (PNP) or the National Bureau of Investigation (NBI) within seven (7) days from obtaining
(j) To willfully access any form of child pornography; facts and circumstances that any form of child pornography is being committed using its server or facility. Nothing
in this section may be construed to require an ISP to engage in the monitoring of any user, subscriber or customer,
(k) To conspire to commit any of the prohibited acts stated in this section. Conspiracy to commit any form or the content of any communication of any such person: Provided, That no ISP shall be held civilly liable for
of child pornography shall be committed when two (2) or more persons come to an agreement concerning damages on account of any notice given in good faith in compliance with this section.
the commission of any of the said prohibited acts and decide to commit it; and
Furthermore, an ISP shall preserve such evidence for purpose of investigation and prosecution by relevant
(l) To possess any form of child pornography. authorities.
Section 5. Syndicated Child Pornography - The crime of child pornography is deemed committed by a syndicate An ISP shall, upon the request of proper authorities, furnish the particulars of users who gained or attempted to
if carried out by a group of three (3) or more persons conspiring or confederating with one another and shall be gain access to an internet address which contains any form of child pornography.
punished under Section 15(a) of this Act.
All ISPs shall install available technology, program or software to ensure that access to or transmittal of any form
of child pornography will be blocked or filtered.
An ISP who shall knowingly, willfully and intentionally violate this provision shall be subject to the penalty provided Section 13. Confidentiality. - The right to privacy of the child shall be ensured at any stage of the investigation,
under Section 15(k) of this Act. prosecution and trial of an offense under this Act. Towards this end, the following rules shall be observed:
The National Telecommunications Commission (NTC) shall promulgate within ninety (90) days from the effectivity (a) The judge, prosecutor or any officer of the law to whom the complaint has been referred to may,
of this Act the necessary rules and regulations for the implementation of this provision which shall include, among whenever necessary to ensure a fair and impartial proceeding and after considering all circumstances for
others, the installation of filtering software that will block access to or transmission of any form of the child the best interest of the child conduct a closed-door investigation, prosecution or trial;
pornography.
(b) The name and personal circumstances of the child, including the child's immediate family, or any other
Section 10. Responsibility of Mall Owners/Operators and Owners or Lessors of Other Business Establishments. - information tending to establish his/her identity shall not be disclosed to the public;
All mall owners/operators and owners or lessors of other business establishments shall notify the PNP or the NBI
within seven (7) days from obtaining facts and circumstances that child pornography is being committed in their (c) Any record regarding a child shall be confidential and kept under seal. Except upon written request
premises. Provided, That public display of any form of child pornography within their premises is a and order of the court, a record shall be released only to the following:
conclusive presumption of the knowledge of the mall owners/operators and owners or lessors of other
business establishments of the violation of this Act: Provided, further, That a disputable presumption of knowledge
by mall owners/operators and owners or lessors of other business establishments should know or reasonably know (1) Members of the court staff for administrative use;
that a violation of this Act is being committed in their premises.
(2) The prosecuting attorney;
Photo developers, information technology professionals, credit card companies and banks and any person who
has direct knowledge of any form of child pornography activities shall have the duty to report any suspected child (3) Defense counsel;
pornography materials or transactions to the proper authorities within seven (7) days from discovery thereof.
(4) The guardian ad litem;
Any willful and intentional violation of this provision shall be subject to the penalty provided under Section 15(l) of
this Act. (5) Agents of investigating law enforcement agencies and
Section 11. Duties of an Internet Content Host. - An internet content host shall:
(6) Other persons as determined by the court.
(a) Not host any form of child pornography on its internet address; (d) Any form of child pornography that is part of the court records shall be subject to a protective order
that provides as follows:
(b) Within seven (7) days, report the presence of any form of child pornography, as well as the particulars
of the person maintaining, hosting, distributing or in any manner contributing to such internet address, to (1) Any form of child pornography may be viewed only by the parties, their counsel, their expert
the proper authorities; and witness and guardian ad litem;
(c) Preserve such evidence for purposes of investigation and prosecution by relevant authorities. (2) Neither form of child pornography nor any portion thereof shall be divulged to any other
person, except as necessary for investigation, prosecution or trial; and
An internet content host shall, upon the request of proper authorities, furnish the particulars of users who gained
or attempted to gain access to an internet address that contains any form of child pornography. (3) No person shall be granted access to any form of child pornography or any part thereof
unless he/she signs a written affirmation that he/she has received and read a copy of the
An internet content host who shall knowingly, willfully and intentionally violate this provision shall be subject to the protection order; that he/she submits to the jurisdiction of the court with respect to the protective
penalty provided under Section 15(j) of this Act: Provided, That the failure of the internet content host to remove order; and that, in case of violation thereof, he/she will be subject to the contempt power of the
any form of child pornography within forty-eight (48) hours from receiving the notice that any form of child court; and
pornography is hitting its server shall be conclusive evidence of willful and intentional violation thereof.
(e) In cases when prosecution or trial is conducted behind closed doors, it shall be unlawful for any editor,
Section 12. Authority to Regulate Internet Café or Kiosk. - The local government unit (LGU) of the city or publisher and reporter or columnist in case of printed materials, announcer or producer in case of
municipality where an internet café or kiosk is located shall have the authority to monitor and regulate the television and radio, producer and director of a film in case of the movie industry, or any person utilizing
establishment and operation of the same or similar establishments in order to prevent violation of the provisions of the tri-media facilities or information technology to publish or broadcast the names of the victims of any
this Act. case of child pornography.
Any violation of this provision shall be subject to the penalty provided for under Section 15(m) of this Act. (h) Any person found guilty of violating Section 4(k) of this Act shall suffer the penalty of prision
correccionalin its medium period and a fine of not less than One hundred thousand pesos
Section 14. Care, Custody and Treatment of a Child Victim. - The DSWD shall ensure that the child who is a victim (php100,000.00) but not more than Two hundred fifty thousand pesos (php250,000.00);
of any form of child pornography is provided appropriate care, custody and support for their recovery and
reintegration in accordance with existing laws. (i) Any person found guilty of violating Section 4(l) of this Act shall suffer the penalty of arresto mayor in
its minimum period and a fine of not less than Fifty thousand pesos (Php50,000.00) but not more than
The child and his family shall be entitled to protection as well as to the rights and benefits of witnesses One hundred thousand pesos (Php100,000.00);
under Republic Act No. 6981, otherwise known as "The Witness Protection, Security and Benefit Act".
(j) Any person found guilty of violating Section 11 of this Act shall suffer the penalty of prision
The child shall also be considered as a victim of a violent crime defined under Section 3(d) of Republic Act No. correccional in its medium period and a fine of not less than One million pesos (Php1,000,000.00) but not
7309, otherwise known as "An Act Creating a Board of Claims under the Department of Justice for Victims of more than Two million pesos (Php2,000,000.00) for the first offense. In the case of a subsequent offense,
Unjust Imprisonment or Detention and Victims of Violent Crimes and for Other Purposes", so that the child may the penalty shall be a fine not less than Two million pesos (Php2,000,000.00) but not more than Three
claim compensation therein. million pesos (Php3,000,000.00) and revocation of its license to operate and immediate closure of the
establishment;
Section 15. Penalties and Sanctions. - The following penalties and sanctions are hereby established for offenses
enumerated in this Act: (k) Any ISP found guilty of willfully and knowingly failing to comply with the notice and installation
requirements under Section 9 of this Act shall suffer the penalty of a fine of not less than Five hundred
thousand pesos (Php500,000.00) but not more than One million pesos (Php1,000,000.00) for the first
(a) Any person found guilty of syndicated child pornography as defined in Section 5 of this Act shall suffer offense. In case of subsequent offense, the penalty shall be a fine of not less than One million pesos
the penalty of reclusion perpetua and a fine of not less than Two million pesos (Php2,000,000.00) but not (Php1,000,000.00) but not more than Two million pesos (Php2,000,000.00) and revocation of its license
more than Five million pesos (Php5,000,000.00); to operate;
(b) Any person found guilty of violating Section 4(a), (b) and (c) of this Act shall suffer the penalty (l) Any mall owner-operator and owner or lessor of other business establishments including photo
of reclusion temporal in its maximum period and a fine of not less than One million pesos developers, information technology professionals, credit card companies and banks, found guilty of
(Php1,000,000.00) but not more than Two million (Php2,000,000.00); willfully and knowingly failing to comply with the notice requirements under Section 10 of this Act shall
suffer the penalty of a fine of not less than One million pesos (Php1,000,000.00) but not more than Two
(c) Any person found guilty of violating Section 4(d), (e) and (f) of this Act shall suffer the penalty million pesos (Php2,000,000.00) for the first offense. In the case of a subsequent offense, the penalty
of reclusion temporal in its medium period and a fine of not less than Seven hundred fifty thousand pesos shall be a fine of not less than Two million pesos (Php2,000,000.00) but not more than Three million
(Php750,000.00) but not more than One million pesos (Php1,000,000.00); pesos (Php3,000,000.00) and revocation of its license to operate and immediate closure of the
establishment; and
(d) Any person found guilty of violating Section 4(g) of this Act shall suffer the penalty of reclusion
temporal in its minimum period and a fine of not less than Five hundred thousand pesos (Php500,000.00) (m) Any person found guilty of violating Section 13 of this Act shall suffer the penalty of arresto mayor in
but not more than Seven hundred thousand pesos (Php700,000.00); its minimum period and a fine of not less than One hundred thousand pesos (Php100,000.00) but not
more than Three hundred thousand pesos (Php300,000.00).
(e) Any person found guilty of violating Section 4(h) of this Act shall suffer the penalty of prision mayor in
its maximum period and a fine of not less than Three hundred thousand pesos (Php300,000.00) but not Section 16. Common Penal Provisions. -
more than Five hundred thousand pesos (Php500,000.00);
(a) If the offender is a parent, ascendant, guardian, step-parent or collateral relative within the third degree
(f) Any person found guilty of violating Section 4(I) of this Act shall suffer the penalty of prision mayor in of consanguinity or affinity or any person having control or moral ascendancy over the child, the penalty
its minimum period and a fine of not less than Three hundred thousand pesos (php300,000.00) but not provided herein shall be in its maximum duration; Provided, That this provision shall not apply to Section
more than Five hundred thousand pesos (Php500,000.00); 4(g) of this Act;
(g) Any person found guilty of violating Section 4(j) of this Act shall suffer the penalty of prision (b) If the offender is a juridical person, the penalty shall be imposed upon the owner, manager, partner,
correccional in its maximum period and a fine of not less than Two hundred thousand pesos member of the board of directors and/or any responsible officer who participated in the commission of the
(Php200,000.00) but not more than Three hundred thousand pesos (Php300,000.00); crime or shall have knowingly permitted or failed to prevent its commissions;
(c) If the offender is a foreigner, he/she shall be immediately deported after the complete service of his/her
sentence and shall forever be barred from entering the country; and
(d) The penalty provided for in this Act shall be imposed in its maximum duration if the offender is a public (a) Provision of mandatory services including counseling free legal services, medical or psychological
officer or employee. services, livelihood and skills training and educational assistance to the child pursuant to Section 18 of
this Act;
Section 17. Confiscation and Forfeiture of the Proceeds, Tools and Instruments Used in Child Pornography. - In
addition to the penalty imposed for the violation of this Act, the court shall order the confiscation and forfeiture in (b) Sponsorship of a national research program on any form of child pornography and other acts covered
favor of the government of all the proceeds, tools and instruments used in the commission of the crime, unless by the law and the establishment of a data collection system for monitoring and evaluation purposes;
they are the property of a third person not liable for the unlawful act; Provided, however, That all awards for
damages shall be taken from the personal and separate properties of the offender; Provided, further, That if such (c) Provision of necessary technical and material support services to appropriate government agencies
properties are insufficient, the deficiency shall be taken from the confiscated and forfeited proceeds, tools and and nongovernmental organizations:
instruments.
(d) Sponsorship of conferences and seminars to provide venue for consensus building amongst the
All proceeds derived from the sale of properties used for the commission of any form of child pornography shall public, the academe , government, nongovernmental and international organizations and
accrue to the special account of the DSWD which shall be used exclusively for the implementation of this Act.
(e) Promotion of information and education campaign.
When the proceeds, tools and instruments used in the commission of the offense have been destroyed diminished
in value or otherwise rendered worthless by any act or omission, directly or indirectly, of the offender, or it has
been concealed, removed, converted or transferred to prevent the same from being found or to avoid forfeiture or Section 20. Inter - Agency Council against Child Pornography. - There is hereby established an Inter-Agency
confiscation, the offender shall be ordered to pay the amount equal to the value of the proceeds, tools and Council against Child Pornography to be composed of the Secretary of the DSWD as chairperson and the following
instruments used in the commission of the offense.1avvphi1 as members:
Section 18. Mandatory Services to Victims of Child Pornography. - To ensure recovery, rehabilitation and (a) Secretary of the Department of Justice:
reintegration into the mainstream of society concerned government agencies and the LGUs shall make available
the following services to victims of any form of child pornography: (b) Secretary of the Department of Labor and Employment
(a) Emergency shelter or appropriate housing; (c) Secretary of the Department of Science and Technology
(c) Free legal services, which shall include information about the victim's rights and the procedure for (e) Chairperson of the Commission on Information and Communications Technology;
filing of complaints, claims for compensation and such other legal remedies available to them in a
language understood by the child; (g) Commissioner of the National Telecommunications Commission;
(d) Medical or psychological services; (h) Executive Director of the Council for the Welfare of Children;
(e) Livelihood and skills training; and (i) Executive Director of the Philippine Center for Transnational Crimes;
(f) Educational assistance. (j) Executive Director of the Optical Media Board;
Sustained supervision and follow through mechanism that will track the progress of recovery, rehabilitation and (k) Director of the National Bureau of Investigation; and
reintegration of the child victims shall adopted and carried out.
(l) Three (3) representatives from children's nongovernmental organizations. These representatives shall
Section 19. Programs for Victims of Child Pornography. The Inter-Agency Council Against Child Pornography
be nominated by the government agency representatives of the Council for appointment by the President
created under Section 20 of this Act shall develop and implement the necessary programs that will prevent any for a term of three (3) years and may be renewed upon renomination and reappointment by the Council
form of child pornography, as well as protect, heal and reintegrate the child into the mainstream of society. Such and the President respectively.
programs shall include beat but not limited to the following:
The members of the Council mat designate their permanent representatives, who shall have a rank not lower than (o) Initiate training programs in identifying and providing the necessary intervention or assistance to
assistant secretary or its equivalent, to meetings and shall receive emoluments as may be determined by the victims of child pornography.
Council in accordance with existing budget and accounting rules and regulations.
(p) Submit to the President and the Congressional Oversight committee credited herein the annual report
The DSWD shall establish the necessary Secretariat for the Council. on the policies, plans, programs and activities of the Council relative to the implementation of this Act;
and
Section 21. Functions of the Council. - The Council shall have the following powers and functions:
(q) Exercise all the powers and perform such other functions necessary to attain the purposes and
(a) Formulate comprehensive and integrated plans and programs to prevent and suppress any form of objectives of this Act.
child pornography;
Section 22. Child Pornography as a Transnational Crime. - Pursuant to the Convention on transnational Organized
(b) Promulgate rules and regulations as may be necessary for the effective implementation of this Act; Crime, the DOJ may execute the request of a foreign state for assistance in the investigation or prosecution of any
form of child pornography by: (1) conducting a preliminary investigation against the offender and, if appropriate, to
file the necessary charges in court; (2) giving information needed by the foreign state; and (3) to apply for an order
(c) Monitor and oversee the strict implementation of this Act; of forfeiture of any proceeds or monetary instrument or properly located in the Philippines used in connection with
child pornography in the court; Provided, That if the DOJ refuses to act on the request of for delaying the execution
(d) Coordinate the programs and projects of the various members agencies effectively address the issues thereof: Provided, further, That the principles of mutuality and reciprocity shall, for this purpose, be at all times
and problems attendant to child pornography; recognized.
(e) Conduct and coordinate massive information disseminations and campaign on the existence of the Section 23. Extradition. - The DOJ, in consultation with the Department of Foreign Affairs (DFA), shall endeavor
law and the various issues and problems attendant to child pornography; to include child pornography among extraditable offenses in future treaties.
(f) Direct other agencies to immediately respond to the problems brought to their attention and report to Section 24. Congressional Oversight Committee. -There is hereby created a Congressional Oversight Committee
the Council on the action taken; composed of five (5) members from the Senate and five (5) members from the House of Representatives. The
members from the Senate shall be appointed by the Senate President based on proportional representation of the
(g) Assist in the filling of cases against individuals, agencies, institutions or establishments that violate parties or coalition therein with at least one (1) member representing the Minority. The members from the House
the provisions of this Act; of Representative shall be appointed by the Speaker, also based on proportional representation of the parties or
coalitions therein with the Chair of the House of Committee on Welfare of Children and at least one (1) member
representing the Minority
(h) Formulate a program for the reintegration of victims of child pornography;
The Committee shall be headed by the respective Chairs of the Senate Committee on Youth, Women and Family
(i) Secure from any department, bureau, office, agency or instrumentality of the government or from NGOs relations and the House of Representatives Committee on Justice. The Secretariat of the Congressional Oversight
and other civic organizations such assistance as may be needed to effectively implement this Act; Committee shall come from the existing Secretariat personnel of the Committees of the Senate and the House of
Representatives concerned.
(j) Complement the shared government information system relative to child abuse and exploitation and
ensure that the proper agencies conduct a continuing research and study on the patterns and schemes The Committee shall monitor and ensure the effective implementation of this Act, determine inherent weakness
of any form of child pornography which form basis for policy formulation and program direction; and loopholes in the law. Recommend the necessary remedial legislator or administrative measures and perform
such other duties and functions as may be necessary to attain the objectives of this Act.
(k) develop the mechanism to ensure the timely, coordinated and effective response to cases of child
pornography; Section 25. Appropriations. - The amount necessary to implement the provisions of the Anti-Child Pornography
Act and the operationalization of the Inter-Agency Council Against Child Pornography shall be included in the
(l) Recommend measures to enhance cooperative efforts and mutual assistance among foreign countries annual General Appropriations Act.
through bilateral and/or multilateral arrangements to prevent and suppress any form of child pornography;
Section 26. Implementing Rules and Regulations. - The Inter- Agency Council Against Child pornography shall
(m) Adopt measures and policies to protect the rights and needs of the victims of child pornography who promulgate the necessary implementing rules and regulations within ninety (90) days from the effectivity of this
are foreign nationals in the Philippines; Act.
Section 2. Sec. 3 of Presidential Decree No. 1866, as amended, is hereby further amended to read as follows:
"Sec. 3. Unlawful manufacture, sale, acquisition, disposition or possession of explosives. – The penalty
of prision mayor in its maximum period to reclusion temporal and a fine of not less than Fifty thousand
Republic Act No. 8294 June 6, 1997 pesos (P50,000) shall be imposed upon any person who shall unlawfully manufacture, assemble, deal in,
acquire, dispose or possess hand grenade(s), rifle grenade(s), and other explosives, including but not
AN ACT AMENDING THE PROVISIONS OF PRESIDENTIAL DECREE NO. 1866, AS AMENDED, ENTITLED limited to 'pillbox,' 'molotov cocktail bombs,' 'fire bombs,' or other incendiary devices capable of producing
"CODIFYING THE LAWS ON ILLEGAL/UNLAWFUL POSSESSION, MANUFACTURE, DEALING IN, destructive effect on contiguous objects or causing injury or death to any person.
ACQUISITION OR DISPOSITION OF FIREARMS, AMMUNITION OR EXPLOSIVES OR INSTRUMENTS USED
IN THE MANUFACTURE OF FIREARMS, AMMUNITION OR EXPLOSIVES, AND IMPOSING STIFFER "When a person commits any of the crimes defined in the Revised Penal Code or special laws with the
PENALTIES FOR CERTAIN VIOLATIONS THEREOF, AND FOR RELEVANT PURPOSES." use of the aforementioned explosives, detonation agents or incendiary devices, which results in the death
of any person or persons, the use of such explosives, detonation agents or incendiary devices shall be
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:: considered as an aggravating circumstance.
Section 1. Sec. 1 Presidential Decree No. 1866, as amended, is hereby further amended to read as follows: "If the violation of this Sec. is in furtherance of, or incident to, or in connection with the crime of rebellion,
insurrection, sedition or attempted coup d'etat, such violation shall be absorbed as an element of the
crimes of rebellion, insurrection, sedition or attempted coup d'etat.
"Sec. 1. Unlawful manufacture, sale, acquisition, disposition or possession of firearms or ammunition or
instruments used or intended to be used in the manufacture of firearms or ammunition. – The penalty of
prision correccional in its maximum period and a fine of not less than Fifteen thousand pesos (P15,000) "The same penalty shall be imposed upon the owner, president, manager, director or other responsible
shall be imposed upon any person who shall unlawfully manufacture, deal in, acquire, dispose, or possess officer of any public or private firm, company, corporation or entity, who shall willfully or knowingly allow
any low powered firearm, such as rimfire handgun, .380 or .32 and other firearm of similar firepower, part any of the explosives owned by such firm, company, corporation or entity, to be used by any person or
of firearm, ammunition, or machinery, tool or instrument used or intended to be used in the manufacture persons found guilty of violating the provisions of the preceding paragraphs."
of any firearm or ammunition: Provided, That no other crime was committed.
Section 3. Sec. 5 of Presidential Decree No. 1866, as amended, is hereby further amended to read as follows:
"The penalty of prision mayor in its minimum period and a fine of Thirty thousand pesos (P30,000) shall
be imposed if the firearm is classified as high powered firearm which includes those with bores bigger in "Sec. 5. Tampering of firearm's serial number. – The penalty of prision correccional shall be imposed
diameter than .38 caliber and 9 millimeter such as caliber .40, .41, .44, .45 and also lesser calibered upon any person who shall unlawfully tamper, change, deface or erase the serial number of any firearm."
firearms but considered powerful such as caliber .357 and caliber .22 center-fire magnum and other
firearms with firing capability of full automatic and by burst of two or three: Provided, however, That no Section 4. Sec. 6 of Presidential Decree No. 1866, as amended, is hereby further amended to read as follows:
other crime was committed by the person arrested.
"Sec. 6. Repacking or altering the composition of lawfully manufactured explosives. – The penalty of
"If homicide or murder is committed with the use of an unlicensed firearm, such use of an unlicensed prision correccional shall be imposed upon any person who shall unlawfully repack, alter or modify the
firearm shall be considered as an aggravating circumstance. composition of any lawfully manufactured explosives."
Section 5. Coverage of the Term Unlicensed Firearm. – The term unlicensed firearm shall include: REPUBLIC ACT NO. 9165 June 7, 2002
1) firearms with expired license; or 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,
2) unauthorized use of licensed firearm in the commission of the crime. PROVIDING FUNDS THEREFOR, AND FOR OTHER PURPOSES
Section 6. Rules and regulations. – The Department of Justice and the Department of the Interior and Local Be it enacted by the Senate and House of Representatives of the Philippines in Congress
Government shall jointly issue, within ninety (90) days after the approval of this Act, the necessary rules and
regulations pertaining to the administrative aspect of the provisions hereof, furnishing the Committee on Public Section 1. Short Title. – This Act shall be known and cited as the "Comprehensive Dangerous Drugs Act of 2002".
Order and Security and the Committee on Justice and Human Rights of both Houses of Congress copies of such
rules and regulations within thirty (30) days from the promulgation hereof. 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
Section 7. Separability clause. – If, for any reason, any Sec. or provision of this Act is declared to be well-being, and to defend the same against acts or omissions detrimental to their development and preservation.
unconstitutional or invalid, the other Sec.s or provisions thereof which are not affected thereby shall continue to be In view of the foregoing, the State needs to enhance further the efficacy of the law against dangerous drugs, it
in full force and effect. being one of today's more serious social ills.
Section 8. Repealing clause. – All laws, decrees, orders, rules and regulations or parts thereof inconsistent with Toward this end, the government shall pursue an intensive and unrelenting campaign against the trafficking and
the provisions of this Act are hereby repealed, amended, or modified accordingly. 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
Section 9. Effectivity. – This Act shall take effect after fifteen (15) days following its publication in the Official achieve a balance in the national drug control program so that people with legitimate medical needs are not
Gazette or in two (2) newspapers of general circulation. prevented from being treated with adequate amounts of appropriate medications, which include the use of
dangerous drugs.
Approved: June 6, 1997.
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:
(a) Administer. – Any act of introducing any dangerous drug into the body of any person, with or without his/her
knowledge, by injection, inhalation, ingestion or other means, or of committing any act of indispensable assistance
to a person in administering a dangerous drug to himself/herself unless administered by a duly licensed practitioner
for purposes of medication.
(b) Board. - Refers to the Dangerous Drugs Board under Section 77, Article IX of this Act.
(c) Centers. - Any of the treatment and rehabilitation centers for drug dependents referred to in Section 34, Article
VIII of this Act.
(d) Chemical Diversion. – The sale, distribution, supply or transport of legitimately imported, in-transit,
manufactured or procured controlled precursors and essential chemicals, in diluted, mixtures or in concentrated
form, to any person or entity engaged in the manufacture of any dangerous drug, and shall include packaging,
repackaging, labeling, relabeling or concealment of such transaction through fraud, destruction of documents, (q) Financier. – Any person who pays for, raises or supplies money for, or underwrites any of the illegal activities
fraudulent use of permits, misdeclaration, use of front companies or mail fraud. prescribed under this Act.
(e) Clandestine Laboratory. – Any facility used for the illegal manufacture of any dangerous drug and/or controlled (r) Illegal Trafficking. – The illegal cultivation, culture, delivery, administration, dispensation, manufacture, sale,
precursor and essential chemical. trading, transportation, distribution, importation, exportation and possession of any dangerous drug and/or
controlled precursor and essential chemical.
(f) Confirmatory Test. – An analytical test using a device, tool or equipment with a different chemical or physical
principle that is more specific which will validate and confirm the result of the screening test. (s) Instrument. – Any thing that is used in or intended to be used in any manner in the commission of illegal drug
trafficking or related offenses.
(g) Controlled Delivery. – The investigative technique of allowing an unlawful or suspect consignment of any
dangerous drug and/or controlled precursor and essential chemical, equipment or paraphernalia, or property (t) Laboratory Equipment. – The paraphernalia, apparatus, materials or appliances when used, intended for use
believed to be derived directly or indirectly from any offense, to pass into, through or out of the country under the or designed for use in the manufacture of any dangerous drug and/or controlled precursor and essential chemical,
supervision of an authorized officer, with a view to gathering evidence to identify any person involved in any such as reaction vessel, preparative/purifying equipment, fermentors, separatory funnel, flask, heating mantle, gas
dangerous drugs related offense, or to facilitate prosecution of that offense. generator, or their substitute.
(h) Controlled Precursors and Essential Chemicals. – Include those listed in Tables I and II of the 1988 UN (u) Manufacture. – The production, preparation, compounding or processing of any dangerous drug and/or
Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances as enumerated in the attached controlled precursor and essential chemical, either directly or indirectly or by extraction from substances of natural
annex, which is an integral part of this Act. origin, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis,
and shall include any packaging or repackaging of such substances, design or configuration of its form, or labeling
(i) Cultivate or Culture. – Any act of knowingly planting, growing, raising, or permitting the planting, growing or or relabeling of its container; except that such terms do not include the preparation, compounding, packaging or
raising of any plant which is the source of a dangerous drug. labeling of a drug or other substances by a duly authorized practitioner as an incident to his/her administration or
dispensation of such drug or substance in the course of his/her professional practice including research, teaching
and chemical analysis of dangerous drugs or such substances that are not intended for sale or for any other
(j) Dangerous Drugs. – Include those listed in the Schedules annexed to the 1961 Single Convention on Narcotic purpose.
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.
(v) Cannabis or commonly known as "Marijuana" or "Indian Hemp" or by its any other name. – Embraces every
kind, class, genus, or specie of the plant Cannabis sativa L. including, but not limited to, Cannabis
(k) Deliver. – Any act of knowingly passing a dangerous drug to another, personally or otherwise, and by any americana, hashish, bhang, guaza, churrus and ganjab, and embraces every kind, class and character of
means, with or without consideration. marijuana, whether dried or fresh and flowering, flowering or fruiting tops, or any part or portion of the plant and
seeds thereof, and all its geographic varieties, whether as a reefer, resin, extract, tincture or in any form
(l) Den, Dive or Resort. – A place where any dangerous drug and/or controlled precursor and essential chemical whatsoever.
is administered, delivered, stored for illegal purposes, distributed, sold or used in any form.
(w) Methylenedioxymethamphetamine (MDMA) or commonly known as "Ecstasy", or by its any other name. –
(m) Dispense. – Any act of giving away, selling or distributing medicine or any dangerous drug with or without the Refers to the drug having such chemical composition, including any of its isomers or derivatives in any form.
use of prescription.
(x) Methamphetamine Hydrochloride or commonly known as "Shabu", "Ice", "Meth", or by its any other name. –
(n) Drug Dependence. – As based on the World Health Organization definition, it is a cluster of physiological, Refers to the drug having such chemical composition, including any of its isomers or derivatives in any form.
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 (y) Opium. – Refers to the coagulated juice of the opium poppy (Papaver somniferum L.) and embraces every kind,
difficulties in controlling substance-taking behavior in terms of its onset, termination, or levels of use. class and character of opium, whether crude or prepared; the ashes or refuse of the same; narcotic preparations
thereof or therefrom; morphine or any alkaloid of opium; preparations in which opium, morphine or any alkaloid of
(o) Drug Syndicate. – Any organized group of two (2) or more persons forming or joining together with the intention opium enters as an ingredient; opium poppy; opium poppy straw; and leaves or wrappings of opium leaves,
of committing any offense prescribed under this Act. whether prepared for use or not.
(p) Employee of Den, Dive or Resort. – The caretaker, helper, watchman, lookout, and other persons working in (z) Opium Poppy. – Refers to any part of the plant of the species Papaver somniferum L., Papaver setigerum DC,
the den, dive or resort, employed by the maintainer, owner and/or operator where any dangerous drug and/or Papaver orientale, Papaver bracteatum and Papaver rhoeas, which includes the seeds, straws, branches, leaves
controlled precursor and essential chemical is administered, delivered, distributed, sold or used, with or without or any part thereof, or substances derived therefrom, even for floral, decorative and culinary purposes.
compensation, in connection with the operation thereof.
(aa) PDEA. – Refers to the Philippine Drug Enforcement Agency under Section 82, Article IX of this Act. 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
(bb) Person. – Any entity, natural or juridical, including among others, a corporation, partnership, trust or estate, species of opium poppy or any part thereof or substances derived therefrom even for floral, decorative and culinary
joint stock company, association, syndicate, joint venture or other unincorporated organization or group capable purposes.
of acquiring rights or entering into obligations.
The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years and a fine ranging
(cc) Planting of Evidence. – The willful act by any person of maliciously and surreptitiously inserting, placing, adding from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be
or attaching directly or indirectly, through any overt or covert act, whatever quantity of any dangerous drug and/or imposed upon any person, who, unless authorized by law, shall import any controlled precursor and essential
controlled precursor and essential chemical in the person, house, effects or in the immediate vicinity of an innocent chemical.
individual for the purpose of implicating, incriminating or imputing the commission of any violation of this Act.
The maximum penalty provided for under this Section shall be imposed upon any person, who, unless authorized
(dd) Practitioner. – Any person who is a licensed physician, dentist, chemist, medical technologist, nurse, midwife, under this Act, shall import or bring into the Philippines any dangerous drug and/or controlled precursor and
veterinarian or pharmacist in the Philippines. 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.
(ee) Protector/Coddler. – Any person who knowingly and willfully consents to the unlawful acts provided for in this
Act and uses his/her influence, power or position in shielding, harboring, screening or facilitating the escape of any
person he/she knows, or has reasonable grounds to believe on or suspects, has violated the provisions of this Act The maximum penalty provided for under this Section shall be imposed upon any person, who organizes, manages
in order to prevent the arrest, prosecution and conviction of the violator. or acts as a "financier" of any of the illegal activities prescribed in this Section.
(ff) Pusher. – Any person who sells, trades, administers, dispenses, delivers or gives away to another, on any The penalty of twelve (12) years and one (1) day to twenty (20) years of imprisonment and a fine ranging from One
terms whatsoever, or distributes, dispatches in transit or transports dangerous drugs or who acts as a broker in hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon
any of such transactions, in violation of this Act. any person, who acts as a "protector/coddler" of any violator of the provisions under this Section.
(gg) School. – Any educational institution, private or public, undertaking educational operation for pupils/students Section 5. Sale, Trading, Administration, Dispensation, Delivery, Distribution and Transportation of Dangerous
pursuing certain studies at defined levels, receiving instructions from teachers, usually located in a building or a Drugs and/or Controlled Precursors and Essential Chemicals. - The penalty of life imprisonment to death and a
group of buildings in a particular physical or cyber site. 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
(hh) Screening Test. – A rapid test performed to establish potential/presumptive positive result. of opium poppy regardless of the quantity and purity involved, or shall act as a broker in any of such transactions.
(ii) Sell. – Any act of giving away any dangerous drug and/or controlled precursor and essential chemical whether The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years and a fine ranging
for money or any other consideration. 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
(jj) Trading. – Transactions involving the illegal trafficking of dangerous drugs and/or controlled precursors and to another, distribute, dispatch in transit or transport any controlled precursor and essential chemical, or shall act
essential chemicals using electronic devices such as, but not limited to, text messages, email, mobile or landlines, as a broker in such transactions.
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. 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,
(kk) Use. – Any act of injecting, intravenously or intramuscularly, of consuming, either by chewing, smoking, the maximum penalty shall be imposed in every case.
sniffing, eating, swallowing, drinking or otherwise introducing into the physiological system of the body, and of the
dangerous drugs. 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
ARTICLE II chemical trade, the maximum penalty shall be imposed in every case.
Unlawful Acts and Penalties 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
Section 4. Importation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals.- .The death of a victim thereof, the maximum penalty provided for under this Section shall be imposed.
penalty of life imprisonment to death and a ranging from Five hundred thousand pesos (P500,000.00) to Ten million
The maximum penalty provided for under this Section shall be imposed upon any person who organizes, manages Section 8. Manufacture of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals. - The
or acts as a "financier" of any of the illegal activities prescribed in this Section. 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
The penalty of twelve (12) years and one (1) day to twenty (20) years of imprisonment and a fine ranging from One manufacture of any dangerous drug.
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 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
Section 6. Maintenance of a Den, Dive or Resort. - The penalty of life imprisonment to death and a fine ranging imposed upon any person, who, unless authorized by law, shall manufacture any controlled precursor and essential
from Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon chemical.
any person or group of persons who shall maintain a den, dive or resort where any dangerous drug is used or sold
in any form. 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. It shall be considered an aggravating
The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years and a fine ranging circumstance if the clandestine laboratory is undertaken or established under the following circumstances:
from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be
imposed upon any person or group of persons who shall maintain a den, dive, or resort where any controlled (a) Any phase of the manufacturing process was conducted in the presence or with the help of minor/s:
precursor and essential chemical is used or sold in any form.
(b) Any phase or manufacturing process was established or undertaken within one hundred (100) meters
The maximum penalty provided for under this Section shall be imposed in every case where any dangerous drug of a residential, business, church or school premises;
is administered, delivered or sold to a minor who is allowed to use the same in such a place.
(c) Any clandestine laboratory was secured or protected with booby traps;
Should any dangerous drug be the proximate cause of the death of a person using the same in such den, dive or
resort, the penalty of death and a fine ranging from One million (P1,000,000.00) to Fifteen million pesos (d) Any clandestine laboratory was concealed with legitimate business operations; or
(P500,000.00) shall be imposed on the maintainer, owner and/or operator.
(e) Any employment of a practitioner, chemical engineer, public official or foreigner.
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 the criminal complaint shall specifically allege that such place is intentionally used in
the furtherance of the crime: Provided, further, That the prosecution shall prove such intent on the part of the owner The maximum penalty provided for under this Section shall be imposed upon any person, who organizes, manages
to use the property for such purpose: Provided, finally, That the owner shall be included as an accused in the or acts as a "financier" of any of the illegal activities prescribed in this Section.
criminal complaint.
The penalty of twelve (12) years and one (1) day to twenty (20) years of imprisonment and a fine ranging from One
The maximum penalty provided for under this Section shall be imposed upon any person who organizes, manages hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon
or acts as a "financier" of any of the illegal activities prescribed in this Section. any person, who acts as a "protector/coddler" of any violator of the provisions under this Section.
The penalty twelve (12) years and one (1) day to twenty (20) years of imprisonment and a fine ranging from One Section 9. Illegal Chemical Diversion of Controlled Precursors and Essential Chemicals. - The penalty of
hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years and a fine ranging from One
any person, who acts as a "protector/coddler" of any violator of the provisions under this Section. 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 illegally divert any controlled precursor and essential chemical.
Section 7. Employees and Visitors of a Den, Dive or Resort. - 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 Section 10. Manufacture or Delivery of Equipment, Instrument, Apparatus, and Other Paraphernalia for
(P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon: 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 shall
(a) Any employee of a den, dive or resort, who is aware of the nature of the place as such; and deliver, possess with intent to deliver, or manufacture with intent to deliver equipment, instrument, apparatus and
other paraphernalia for dangerous drugs, knowing, or under circumstances where one reasonably should know,
(b) Any person who, not being included in the provisions of the next preceding, paragraph, is aware of that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process,
the nature of the place as such and shall knowingly visit the same prepare, test, analyze, pack, repack, store, contain or conceal any dangerous drug and/or controlled precursor and
essential chemical in violation of this Act.
The penalty of imprisonment ranging from six (6) months and one (1) day to four (4) years and a fine ranging from therapeutic value or if the quantity possessed is far beyond therapeutic requirements; or three hundred
Ten thousand pesos (P10,000.00) to Fifty thousand pesos (P50,000.00) shall be imposed if it will be used to inject, (300) grams or more but less than five (hundred) 500) grams of marijuana; and
ingest, inhale or otherwise introduce into the human body a dangerous drug in violation of this Act.
(3) Imprisonment of twelve (12) years and one (1) day to twenty (20) years and a fine ranging from Three
The maximum penalty provided for under this Section shall be imposed upon any person, who uses a minor or a hundred thousand pesos (P300,000.00) to Four hundred thousand pesos (P400,000.00), if the quantities
mentally incapacitated individual to deliver such equipment, instrument, apparatus and other paraphernalia for of dangerous drugs are less than five (5) grams of opium, morphine, heroin, cocaine or cocaine
dangerous drugs. 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
Section 11. Possession of Dangerous Drugs. - The penalty of life imprisonment to death and a fine ranging similarly designed or newly introduced drugs and their derivatives, without having any therapeutic value
from Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon or if the quantity possessed is far beyond therapeutic requirements; or less than three hundred (300)
any person, who, unless authorized by law, shall possess any dangerous drug in the following quantities, grams of marijuana.
regardless of the degree of purity thereof:
Section 12. Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for Dangerous
(1) 10 grams or more of opium; Drugs. - 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 upon any
person, who, unless authorized by law, shall possess or have under his/her control any equipment, instrument,
(2) 10 grams or more of morphine; apparatus and other paraphernalia fit or intended for smoking, consuming, administering, injecting, ingesting, or
introducing any dangerous drug into the body: Provided, That in the case of medical practitioners and various
(3) 10 grams or more of heroin; professionals who are required to carry such equipment, instrument, apparatus and other paraphernalia in the
practice of their profession, the Board shall prescribe the necessary implementing guidelines thereof.
(4) 10 grams or more of cocaine or cocaine hydrochloride;
The possession of such equipment, instrument, apparatus and other paraphernalia fit or intended for any of the
(5) 5 grams or more of methamphetamine hydrochloride or "shabu"; purposes enumerated in the preceding paragraph shall be prima facie evidence that the possessor has smoked,
consumed, administered to himself/herself, injected, ingested or used a dangerous drug and shall be presumed to
have violated Section 15 of this Act.
(6) 10 grams or more of marijuana resin or marijuana resin oil;
Section 13. Possession of Dangerous Drugs During Parties, Social Gatherings or Meetings. – Any person
(7) 500 grams or more of marijuana; and (Less than 500 grams, is a bailable offense – unless paired found possessing any dangerous drug during a party, or at a social gathering or meeting, or in the proximate
with a charge for ILLEGAL TRANSPORTATION OF DRUGS then it becomes reclusion perpetua.) company of at least two (2) persons, shall suffer the maximum penalties provided for in Section 11 of this Act,
regardless of the quantity and purity of such dangerous drugs.
(8) 10 grams or more of other dangerous drugs such as, but not limited to,
methylenedioxymethamphetamine (MDA) or "ecstasy", paramethoxyamphetamine (PMA), Section 14. Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for Dangerous
trimethoxyamphetamine (TMA), lysergic acid diethylamine (LSD), gamma hydroxyamphetamine Drugs During Parties, Social Gatherings or Meetings. - The maximum penalty provided for in Section 12 of this
(GHB), and those similarly designed or newly introduced drugs and their derivatives, without having any Act shall be imposed upon any person, who shall possess or have under his/her control any equipment, instrument,
therapeutic value or if the quantity possessed is far beyond therapeutic requirements, as determined apparatus and other paraphernalia fit or intended for smoking, consuming, administering, injecting, ingesting, or
and promulgated by the Board in accordance to Section 93, Article XI of this Act. introducing any dangerous drug into the body, during parties, social gatherings or meetings, or in the proximate
company of at least two (2) persons.
Otherwise, if the quantity involved is less than the foregoing quantities, the penalties shall be graduated as follows:
Section 15. Use of Dangerous Drugs. – A person apprehended or arrested, who is found to be positive for use
(1) Life imprisonment and a fine ranging from Four hundred thousand pesos (P400,000.00) to Five of any dangerous drug, after a confirmatory test, shall be imposed a penalty of a minimum of six (6) months
hundred thousand pesos (P500,000.00), if the quantity of methamphetamine hydrochloride or "shabu" is rehabilitation in a government center for the first offense, subject to the provisions of Article VIII of this Act. If
ten (10) grams or more but less than fifty (50) grams; 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
(2) Imprisonment of twenty (20) years and one (1) day to life imprisonment and a fine ranging from Four
where the person tested is also found to have in his/her possession such quantity of any dangerous drug provided
hundred thousand pesos (P400,000.00) to Five hundred thousand pesos (P500,000.00), if the quantities
for under Section 11 of this Act, in which case the provisions stated therein shall apply.
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, Section 16. Cultivation or Culture of Plants Classified as Dangerous Drugs or are Sources Thereof. - The penalty
GHB, and those similarly designed or newly introduced drugs and their derivatives, without having any 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 shall plant, cultivate or culture marijuana, opium of any equipment, instrument, apparatus and other paraphernalia for dangerous drugs including other laboratory
poppy or any other plant regardless of quantity, which is or may hereafter be classified as a dangerous drug or as equipment, shall carry with it the confiscation and forfeiture, in favor of the government, of all the proceeds and
a source from which any dangerous drug may be manufactured or derived: Provided, That in the case of medical properties derived from the unlawful act, including, but not limited to, money and other assets obtained thereby,
laboratories and medical research centers which cultivate or culture marijuana, opium poppy and other plants, or and the instruments or tools with which the particular unlawful act was committed, unless they are the property of
materials of such dangerous drugs for medical experiments and research purposes, or for the creation of new a third person not liable for the unlawful act, but those which are not of lawful commerce shall be ordered destroyed
types of medicine, the Board shall prescribe the necessary implementing guidelines for the proper cultivation, without delay pursuant to the provisions of Section 21 of this Act.
culture, handling, experimentation and disposal of such plants and materials.
After conviction in the Regional Trial Court in the appropriate criminal case filed, the Court shall immediately
The land or portions thereof and/or greenhouses on which any of said plants is cultivated or cultured shall be schedule a hearing for the confiscation and forfeiture of all the proceeds of the offense and all the assets and
confiscated and escheated in favor of the State, unless the owner thereof can prove lack of knowledge of such properties of the accused either owned or held by him or in the name of some other persons if the same shall be
cultivation or culture despite the exercise of due diligence on his/her part. If the land involved is part of the public found to be manifestly out of proportion to his/her lawful income: Provided, however, That if the forfeited property
domain, the maximum penalty provided for under this Section shall be imposed upon the offender. is a vehicle, the same shall be auctioned off not later than five (5) days upon order of confiscation or forfeiture.
The maximum penalty provided for under this Section shall be imposed upon any person, who organizes, manages During the pendency of the case in the Regional Trial Court, no property, or income derived therefrom, which may
or acts as a "financier" of any of the illegal activities prescribed in this Section. be confiscated and forfeited, 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 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 The proceeds of any sale or disposition of any property confiscated or forfeited under this Section shall be used to
any person, who acts as a "protector/coddler" of any violator of the provisions under this Section. 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
Section 17. Maintenance and Keeping of Original Records of Transactions on Dangerous Drugs and/or Controlled the above expenses shall accrue to the Board to be used in its campaign against illegal drugs.
Precursors and Essential Chemicals. - The penalty of imprisonment ranging from one (1) year 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) shall Section 21. Custody and Disposition of Confiscated, Seized, and/or Surrendered Dangerous Drugs, Plant Sources
be imposed upon any practitioner, manufacturer, wholesaler, importer, distributor, dealer or retailer who violates of Dangerous Drugs, Controlled Precursors and Essential Chemicals, Instruments/Paraphernalia and/or
or fails to comply with the maintenance and keeping of the original records of transactions on any dangerous drug Laboratory Equipment. – The PDEA shall take charge and have custody of all dangerous drugs, plant sources of
and/or controlled precursor and essential chemical in accordance with Section 40 of this Act. 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:
An additional penalty shall be imposed through the revocation of the license to practice his/her profession, in case
of a practitioner, or of the business, in case of a manufacturer, seller, importer, distributor, dealer or retailer. (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
Section 18. Unnecessary Prescription of Dangerous Drugs. – The penalty of imprisonment ranging from twelve person/s from whom such items were confiscated and/or seized, or his/her representative or counsel, a
(12) years and one (1) day to twenty (20) years and a fine ranging from One hundred thousand pesos representative from the media and the Department of Justice (DOJ), and any elected public official who
(P100,000.00) to Five hundred thousand pesos (P500,000.00) and the additional penalty of the revocation of shall be required to sign the copies of the inventory and be given a copy thereof;
his/her license to practice shall be imposed upon the practitioner, who shall prescribe any dangerous drug to any
person whose physical or physiological condition does not require the use or in the dosage prescribed therein, as (2) Within twenty-four (24) hours upon confiscation/seizure of dangerous drugs, plant sources of
determined by the Board in consultation with recognized competent experts who are authorized representatives of dangerous drugs, controlled precursors and essential chemicals, as well as instruments/paraphernalia
professional organizations of practitioners, particularly those who are involved in the care of persons with severe and/or laboratory equipment, the same shall be submitted to the PDEA Forensic Laboratory for a
pain. qualitative and quantitative examination;
Section 19. Unlawful Prescription of Dangerous Drugs. – The penalty of life imprisonment to death and a fine (3) A certification of the forensic laboratory examination results, which shall be done under oath by the
ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed forensic laboratory examiner, shall be issued within twenty-four (24) hours after the receipt of the subject
upon any person, who, unless authorized by law, shall make or issue a prescription or any other writing purporting item/s: Provided, That when the volume of the dangerous drugs, plant sources of dangerous drugs, and
to be a prescription for any dangerous drug. 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
Section 20. Confiscation and Forfeiture of the Proceeds or Instruments of the Unlawful Act, Including the of dangerous drugs still to be examined by the forensic laboratory: Provided, however, That a final
Properties or Proceeds Derived from the Illegal Trafficking of Dangerous Drugs and/or Precursors and Essential certification shall be issued on the completed forensic laboratory examination on the same within the next
Chemicals. – Every penalty imposed for the unlawful importation, sale, trading, administration, dispensation, twenty-four (24) hours;
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
(4) After the filing of the criminal case, the Court shall, within seventy-two (72) hours, conduct an ocular Section 25. Qualifying Aggravating Circumstances in the Commission of a Crime by an Offender Under the
inspection of the confiscated, seized and/or surrendered dangerous drugs, plant sources of dangerous Influence of Dangerous Drugs. – Notwithstanding the provisions of any law to the contrary, a positive finding for
drugs, and controlled precursors and essential chemicals, including the instruments/paraphernalia and/or the use of dangerous drugs shall be a qualifying aggravating circumstance in the commission of a crime by an
laboratory equipment, and through the PDEA shall within twenty-four (24) hours thereafter proceed with offender, and the application of the penalty provided for in the Revised Penal Code shall be applicable.
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 Section 26. Attempt or Conspiracy. – Any attempt or conspiracy to commit the following unlawful acts shall be
media and the DOJ, civil society groups and any elected public official. The Board shall draw up the penalized by the same penalty prescribed for the commission of the same as provided under this Act:
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 (a) Importation of any dangerous drug and/or controlled precursor and essential chemical;
and recorded is retained;
(b) Sale, trading, administration, dispensation, delivery, distribution and transportation of any dangerous
(5) The Board shall then issue a sworn certification as to the fact of destruction or burning of the subject drug and/or controlled precursor and essential chemical;
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 (c) Maintenance of a den, dive or resort where any dangerous drug is used in any form;
minimum quantity as determined by the Board;
(d) Manufacture of any dangerous drug and/or controlled precursor and essential chemical; and
(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 (e) Cultivation or culture of plants which are sources of dangerous drugs.
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 Section 27. Criminal Liability of a Public Officer or Employee for Misappropriation, Misapplication or Failure to
the former; Account for the Confiscated, Seized and/or Surrendered Dangerous Drugs, Plant Sources of Dangerous Drugs,
Controlled Precursors and Essential Chemicals, Instruments/Paraphernalia and/or Laboratory Equipment
Including the Proceeds or Properties Obtained from the Unlawful Act Committed. – The penalty of life imprisonment
(7) After the promulgation and judgment in the criminal case wherein the representative sample/s was to death and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos
presented as evidence in court, the trial prosecutor shall inform the Board of the final termination of the (P10,000,000.00), in addition to absolute perpetual disqualification from any public office, shall be imposed upon
case and, in turn, shall request the court for leave to turn over the said representative sample/s to the any public officer or employee who misappropriates, misapplies or fails to account for confiscated, seized or
PDEA for proper disposition and destruction within twenty-four (24) hours from receipt of the same; and surrendered dangerous drugs, plant sources of dangerous drugs, controlled precursors and essential chemicals,
instruments/paraphernalia and/or laboratory equipment including the proceeds or properties obtained from the
(8) Transitory Provision: a) Within twenty-four (24) hours from the effectivity of this Act, dangerous drugs unlawful acts as provided for in this Act.
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 Any elective local or national official found to have benefited from the proceeds of the trafficking of dangerous
(DOH) and the accused/and or his/her counsel, and, b) Pending the organization of the PDEA, the drugs as prescribed in this Act, or have received any financial or material contributions or donations from natural
custody, disposition, and burning or destruction of seized/surrendered dangerous drugs provided under or juridical persons found guilty of trafficking dangerous drugs as prescribed in this Act, shall be removed from
this Section shall be implemented by the DOH. office and perpetually disqualified from holding any elective or appointive positions in the government, its divisions,
subdivisions, and intermediaries, including government-owned or –controlled corporations.
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 Section 28. Criminal Liability of Government Officials and Employees. – The maximum penalties of the unlawful
enforcers participating in the operation, which results in the successful confiscation, seizure or surrender of acts provided for in this Act shall be imposed, in addition to absolute perpetual disqualification from any public
dangerous drugs, plant sources of dangerous drugs, and controlled precursors and essential chemicals. office, if those found guilty of such unlawful acts are government officials and employees.
Section 23. Plea-Bargaining Provision. – Any person charged under any provision of this Act regardless of the Section 29. Criminal Liability for Planting of Evidence. – Any person who is found guilty of "planting" any dangerous
imposable penalty shall not be allowed to avail of the provision on plea-bargaining. drug and/or controlled precursor and essential chemical, regardless of quantity and purity, shall suffer the penalty
of death.
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 Section 30. Criminal Liability of Officers of Partnerships, Corporations, Associations or Other Juridical Entities. –
privilege granted by the Probation Law or Presidential Decree No. 968, as amended. In case any violation of this Act is committed by a partnership, corporation, association or any juridical entity, the
partner, president, director, manager, trustee, estate administrator, or officer who consents to or knowingly
tolerates such violation shall be held criminally liable as a co-principal.
The penalty provided for the offense under this Act shall be imposed upon the partner, president, director, manager, testimony is false, malicious or made only for the purpose of harassing, molesting or in any way prejudicing the
trustee, estate administrator, or officer who knowingly authorizes, tolerates or consents to the use of a vehicle, persons described in the preceding Section against whom such information or testimony is directed against. In
vessel, aircraft, equipment or other facility, as an instrument in the importation, sale, trading, administration, such case, the informant or witness shall be subject to prosecution and the enjoyment of all rights and benefits
dispensation, delivery, distribution, transportation or manufacture of dangerous drugs, or chemical diversion, if previously accorded him under this Act or any other law, decree or order shall be deemed terminated.
such vehicle, vessel, aircraft, equipment or other instrument is owned by or under the control or supervision of the
partnership, corporation, association or juridical entity to which they are affiliated. In case an informant or witness under this Act fails or refuses to testify without just cause, and when lawfully obliged
to do so, or should he/she violate any condition accompanying such immunity as provided above, his/her immunity
Section 31. Additional Penalty if Offender is an Alien. – In addition to the penalties prescribed in the unlawful act shall be removed and he/she shall likewise be subject to contempt and/or criminal prosecution, as the case may
committed, any alien who violates such provisions of this Act shall, after service of sentence, be deported be, and the enjoyment of all rights and benefits previously accorded him under this Act or in any other law, decree
immediately without further proceedings, unless the penalty is death. or order shall be deemed terminated.
Section 32. Liability to a Person Violating Any Regulation Issued by the Board. – The penalty of imprisonment In case the informant or witness referred to under this Act falls under the applicability of this Section hereof, such
ranging from six (6) months and one (1) day to four (4) years and a fine ranging from Ten thousand pesos individual cannot avail of the provisions under Article VIII of this Act.
(P10,000.00) to Fifty thousand pesos (P50,000.00) shall be imposed upon any person found violating any
regulation duly issued by the Board pursuant to this Act, in addition to the administrative sanctions imposed by the Section 35. Accessory Penalties. – A person convicted under this Act shall be disqualified to exercise his/her civil
Board. rights such as but not limited to, the rights of parental authority or guardianship, either as to the person or property
of any ward, the rights to dispose of such property by any act or any conveyance inter vivos, and political rights
Section 33. Immunity from Prosecution and Punishment. – Notwithstanding the provisions of Section 17, Rule 119 such as but not limited to, the right to vote and be voted for. Such rights shall also be suspended during the
of the Revised Rules of Criminal Procedure and the provisions of Republic Act No. 6981 or the Witness Protection, pendency of an appeal from such conviction.
Security and Benefit Act of 1991, any person who has violated Sections 7, 11, 12, 14, 15, and 19, Article II of this
Act, who voluntarily gives information about any violation of Sections 4, 5, 6, 8, 10, 13, and 16, Article II of this Act ARTICLE III
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 Dangerous Drugs Test and Record Requirements
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: 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
(1) The information and testimony are necessary for the conviction of the persons described above; 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
(2) Such information and testimony are not yet in the possession of the State; 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
(3) Such information and testimony can be corroborated on its material points; purposes. The following shall be subjected to undergo drug testing:
(4) the informant or witness has not been previously convicted of a crime involving moral turpitude, except (a) Applicants for driver's license. – No driver's license shall be issued or renewed to any person unless
when there is no other direct evidence available for the State other than the information and testimony of he/she presents a certification that he/she has undergone a mandatory drug test and indicating thereon
said informant or witness; and that he/she is free from the use of dangerous drugs;
(5) The informant or witness shall strictly and faithfully comply without delay, any condition or undertaking, (b) Applicants for firearm's license and for permit to carry firearms outside of residence. – All applicants
reduced into writing, lawfully imposed by the State as further consideration for the grant of immunity from for firearm's license and permit to carry firearms outside of residence shall undergo a mandatory drug test
prosecution and punishment. 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;
Provided, further, That this immunity may be enjoyed by such informant or witness who does not appear to be
most guilty for the offense with reference to which his/her information or testimony were given: Provided, finally, (c) Students of secondary and tertiary schools. – Students of secondary and tertiary schools shall,
That there is no direct evidence available for the State except for the information and testimony of the said informant pursuant to the related rules and regulations as contained in the school's student handbook and with
or witness. 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;
Section 34. Termination of the Grant of Immunity. – The immunity granted to the informant or witness, as
prescribed in Section 33 of this Act, shall not attach should it turn out subsequently that the information and/or
(d) Officers and employees of public and private offices. – Officers and employees of public and private For this purpose, the DOH shall establish, operate and maintain drug testing centers in government hospitals,
offices, whether domestic or overseas, shall be subjected to undergo a random drug test as contained in which must be provided at least with basic technologically advanced equipment and materials, in order to conduct
the company's work rules and regulations, which shall be borne by the employer, for purposes of reducing the laboratory examination and tests herein provided, and appoint such qualified and duly trained technical and
the risk in the workplace. Any officer or employee found positive for use of dangerous drugs shall be dealt other personnel as may be necessary for the effective implementation of this provision.
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; Section 40. Records Required for Transactions on Dangerous Drug and Precursors and Essential Chemicals. –
(e) Officers and members of the military, police and other law enforcement agencies. – Officers and a) Every pharmacist dealing in dangerous drugs and/or controlled precursors and essential chemicals
members of the military, police and other law enforcement agencies shall undergo an annual mandatory shall maintain and keep an original record of sales, purchases, acquisitions and deliveries of dangerous
drug test; drugs, indicating therein the following information:
(f) All persons charged before the prosecutor's office with a criminal offense having an imposable penalty (1) License number and address of the pharmacist;
of imprisonment of not less than six (6) years and one (1) day shall have to undergo a mandatory drug
test; and
(2) Name, address and license of the manufacturer, importer or wholesaler from whom the
dangerous drugs have been purchased;
(g) All candidates for public office whether appointed or elected both in the national or local government
shall undergo a mandatory drug test.
(3) Quantity and name of the dangerous drugs purchased or acquired;
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. (4) Date of acquisition or purchase;
Section 37. Issuance of False or Fraudulent Drug Test Results. – Any person authorized, licensed or accredited (5) Name, address and community tax certificate number of the buyer;
under this Act and its implementing rules to conduct drug examination or test, who issues false or fraudulent drug
test results knowingly, willfully or through gross negligence, shall suffer the penalty of imprisonment ranging from (6) Serial number of the prescription and the name of the physician, dentist, veterinarian or
six (6) years and one (1) day to twelve (12) years and a fine ranging from One hundred thousand pesos practitioner issuing the same;
(P100,000.00) to Five hundred thousand pesos (P500,000.00).
(7) Quantity and name of the dangerous drugs sold or delivered; and
An additional penalty shall be imposed through the revocation of the license to practice his/her profession in case
of a practitioner, and the closure of the drug testing center. (8) Date of sale or delivery.
Section 38. Laboratory Examination or Test on Apprehended/Arrested Offenders. – Subject to Section 15 of this
A certified true copy of such record covering a period of six (6) months, duly signed by the pharmacist or
Act, any person apprehended or arrested for violating the provisions of this Act shall be subjected to screening the owner of the drugstore, pharmacy or chemical establishment, shall be forwarded to the Board within
laboratory examination or test within twenty-four (24) hours, if the apprehending or arresting officer has reasonable fifteen (15) days following the last day of June and December of each year, with a copy thereof furnished
ground to believe that the person apprehended or arrested, on account of physical signs or symptoms or other the city or municipal health officer concerned.
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 (b) A physician, dentist, veterinarian or practitioner authorized to prescribe any dangerous drug shall issue
chromatograph/mass spectrometry equipment or some such modern and accepted method, if confirmed the same the prescription therefor in one (1) original and two (2) duplicate copies. The original, after the prescription
shall be prima facie evidence that such person has used dangerous drugs, which is without prejudice for the has been filled, shall be retained by the pharmacist for a period of one (1) year from the date of sale or
prosecution for other violations of the provisions of this Act: Provided, That a positive screening laboratory test delivery of such drug. One (1) copy shall be retained by the buyer or by the person to whom the drug is
must be confirmed for it to be valid in a court of law. delivered until such drug is consumed, while the second copy shall be retained by the person issuing the
prescription.
Section 39. Accreditation of Drug Testing Centers and Physicians. – The DOH shall be tasked to license and
accredit drug testing centers in each province and city in order to assure their capacity, competence, integrity and For purposes of this Act, all prescriptions issued by physicians, dentists, veterinarians or practitioners
stability to conduct the laboratory examinations and tests provided in this Article, and appoint such technical and shall be written on forms exclusively issued by and obtainable from the DOH. Such forms shall be made
other personnel as may be necessary for the effective implementation of this provision. The DOH shall also accredit of a special kind of paper and shall be distributed in such quantities and contain such information and
physicians who shall conduct the drug dependency examination of a drug dependent as well as the after-care and other data as the DOH may, by rules and regulations, require. Such forms shall only be issued by the
follow-up program for the said drug dependent. There shall be a control regulations, licensing and accreditation DOH through its authorized employees to licensed physicians, dentists, veterinarians and practitioners in
division under the supervision of the DOH for this purpose. such quantities as the Board may authorize. In emergency cases, however, as the Board may specify in
the public interest, a prescription need not be accomplished on such forms. The prescribing physician, Section 44. Heads, Supervisors, and Teachers of Schools. – For the purpose of enforcing the provisions of Article
dentist, veterinarian or practitioner shall, within three (3) days after issuing such prescription, inform the II of this Act, all school heads, supervisors and teachers shall be deemed persons in authority and, as such, are
DOH of the same in writing. No prescription once served by the drugstore or pharmacy be reused nor any hereby empowered to apprehend, arrest or cause the apprehension or arrest of any person who shall violate any
prescription once issued be refilled. of the said provisions, pursuant to Section 5, Rule 113 of the Rules of Court. They shall be deemed persons in
authority if they are in the school or within its immediate vicinity, or even beyond such immediate vicinity if they are
(c) All manufacturers, wholesalers, distributors, importers, dealers and retailers of dangerous drugs in attendance at any school or class function in their official capacity as school heads, supervisors, and teachers.
and/or controlled precursors and essential chemicals shall keep a record of all inventories, sales,
purchases, acquisitions and deliveries of the same as well as the names, addresses and licenses of the Any teacher or school employee, who discovers or finds that any person in the school or within its immediate
persons from whom such items were purchased or acquired or to whom such items were sold or delivered, vicinity is liable for violating any of said provisions, shall have the duty to report the same to the school head or
the name and quantity of the same and the date of the transactions. Such records may be subjected immediate superior who shall, in turn, report the matter to the proper authorities.
anytime for review by the Board.
Failure to do so in either case, within a reasonable period from the time of discovery of the violation shall, after due
ARTICLE IV hearing, constitute sufficient cause for disciplinary action by the school authorities.
Participation of the Family, Students, Teachers and School Authorities in the Enforcement of this Act 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 Chairman of the Commission on Higher Education (CHED)
Section 41. Involvement of the Family. – The family being the basic unit of the Filipino society shall be primarily and the Director-General of the Technical Education and Skills Development Authority (TESDA) shall cause the
responsible for the education and awareness of the members of the family on the ill effects of dangerous drugs development, publication and distribution of information and support educational materials on dangerous drugs to
and close monitoring of family members who may be susceptible to drug abuse. the students, the faculty, the parents, and the community.
Section 42. Student Councils and Campus Organizations. – All elementary, secondary and tertiary schools' Section 46. Special Drug Education Center. – With the assistance of the Board, the Department of the Interior and
student councils and campus organizations shall include in their activities a program for the prevention of and Local Government (DILG), the National Youth Commission (NYC), and the Department of Social Welfare and
deterrence in the use of dangerous drugs, and referral for treatment and rehabilitation of students for drug Development (DSWD) shall establish in each of its provincial office a special education drug center for out-of-
dependence. school youth and street children. Such Center which shall be headed by the Provincial Social. Welfare
Development Officer shall sponsor drug prevention programs and activities and information campaigns with the
end in view of educating the out-of-school youth and street children regarding the pernicious effects of drug abuse.
Section 43. School Curricula. – Instruction on drug abuse prevention and control shall be integrated in the The programs initiated by the Center shall likewise be adopted in all public and private orphanage and existing
elementary, secondary and tertiary curricula of all public and private schools, whether general, technical, vocational special centers for street children.
or agro-industrial as well as in non-formal, informal and indigenous learning systems. Such instructions shall
include:
ARTICLE V
(1) Adverse effects of the abuse and misuse of dangerous drugs on the person, the family, the school
and the community; Promotion of a National Drug-Free Workplace Program With the Participation of Private and Labor Sectors
and the Department of Labor and Employment
(2) Preventive measures against drug abuse;
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
(3) Health, socio-cultural, psychological, legal and economic dimensions and implications of the drug develop, promote and implement a national drug abuse prevention program in the workplace to be adopted by
problem; private companies with ten (10) or more employees. Such program shall include the mandatory drafting and
adoption of company policies against drug use in the workplace in close consultation and coordination with the
(4) Steps to take when intervention on behalf of a drug dependent is needed, as well as the services DOLE, labor and employer organizations, human resource development managers and other such private sector
available for the treatment and rehabilitation of drug dependents; and organizations.
(5) Misconceptions about the use of dangerous drugs such as, but not limited to, the importance and Section 48. Guidelines for the National Drug-Free Workplace Program. – The Board and the DOLE shall formulate
safety of dangerous drugs for medical and therapeutic use as well as the differentiation between medical the necessary guidelines for the implementation of the national drug-free workplace program. The amount
patients and drug dependents in order to avoid confusion and accidental stigmatization in the necessary for the implementation of which shall be included in the annual General Appropriations Act.
consciousness of the students.
ARTICLE VI
Participation of the Private and Labor Sectors in the Enforcement of this Act 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 may, by himself/herself or through his/her parent,
Section 49. Labor Organizations and the Private Sector. – All labor unions, federations, associations, or spouse, guardian or relative within the fourth degree of consanguinity or affinity, apply to the Board or its duly
organizations in cooperation with the respective private sector partners shall include in their collective bargaining recognized representative, for treatment and rehabilitation of the drug dependency. Upon such application, the
or any similar agreements, joint continuing programs and information campaigns for the laborers similar to the Board shall bring forth the matter to the Court which shall order that the applicant be examined for drug
programs provided under Section 47 of this Act with the end in view of achieving a drug free workplace. 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 drug dependent may
Section 50. Government Assistance. – The labor sector and the respective partners may, in pursuit of the be placed under the care of a DOH-accredited physician where there is no Center near or accessible to the
programs mentioned in the preceding Section, secure the technical assistance, such as but not limited to, seminars residence of the drug dependent or where said drug dependent is below eighteen (18) years of age and is a first-
and information dissemination campaigns of the appropriate government and law enforcement agencies. time offender and non-confinement in a Center will not pose a serious danger to his/her family or the community.
ARTICLE VII 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
Participation of Local Government Units drug dependent and determine whether further confinement will be for the welfare of the drug dependent and
his/her family or the community.
Section 51. Local Government Units' Assistance. – Local government units shall appropriate a substantial portion
of their respective annual budgets to assist in or enhance the enforcement of this Act giving priority to preventive Section 55. Exemption from the Criminal Liability Under the Voluntary Submission Program. A drug dependent
or educational programs and the rehabilitation or treatment of drug dependents. under the voluntary submission program, who is finally discharged from confinement, shall be exempt from the
criminal liability under Section 15 of this act subject to the following conditions:
Section 52. Abatement of Drug Related Public Nuisances. – Any place or premises which have been used on two
or more occasions as the site of the unlawful sale or delivery of dangerous drugs may be declared to be a public (1) He/she has complied with the rules and regulations of the center, the applicable rules and regulations
nuisance, and such nuisance may be abated, pursuant to the following procedures: of the Board, including the after-care and follow-up program for at least eighteen (18) months following
temporary discharge from confinement in the Center or, in the case of a dependent placed under the care
(1) Any city or municipality may, by ordinance, create an administrative board to hear complaints of the DOH-accredited physician, the after-care program and follow-up schedule formulated by the DSWD
regarding the nuisances; and approved by the Board: Provided, That capability-building of local government social workers shall
be undertaken by the DSWD;
(2) any employee, officer, or resident of the city or municipality may bring a complaint before the Board
after giving not less than three (3) days written notice of such complaint to the owner of the place or (2) He/she has never been charged or convicted of any offense punishable under this Act, the Dangerous
premises at his/her last known address; and Drugs Act of 1972 or Republic Act No. 6425, as amended; the Revised Penal Code, as amended; or any
special penal laws;
(3) After hearing in which the Board may consider any evidence, including evidence of the general
reputation of the place or premises, and at which the owner of the premises shall have an opportunity to (3) He/she has no record of escape from a Center: Provided, That had he/she escaped, he/she
present evidence in his/her defense, the Board may declare the place or premises to be a public nuisance. surrendered by himself/herself or through his/her parent, spouse, guardian or relative within the fourth
degree of consanguinity or affinity, within one (1) week from the date of the said escape; and
Section 53. Effect of Board Declaration. – If the Board declares a place or premises to be a public nuisance, it
may declare an order immediately prohibiting the conduct, operation, or maintenance of any business or activity (4) He/she poses no serious danger to himself/herself, his/her family or the community by his/her
on the premises which is conducive to such nuisance. exemption from criminal liability.
Section 56. Temporary Release From the Center; After-Care and Follow-Up Treatment Under the Voluntary
An order entered under this Section shall expire after one (1) year or at such earlier time as stated in the order.
The Board may bring a complaint seeking a permanent injunction against any nuisance described under this Submission Program. – Upon certification of the Center that the drug dependent within the voluntary submission
Section. program may be temporarily released, the Court shall order his/her release on condition that said drug dependent
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.
This Article does not restrict the right of any person to proceed under the Civil Code against any public nuisance.
If during the period of after-care and follow-up, the drug dependent is certified to be rehabilitated, he/she may be
ARTICLE VIII 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.
Program for Treatment and Rehabilitation of Drug Dependents
However, should the DOH find that during the initial after-care and follow-up program of eighteen (18) months, the After the petition is filed, the court, by an order, shall immediately fix a date for the hearing, and a copy of such
drug dependent requires further treatment and rehabilitation in the Center, he/she shall be recommitted to the order shall be served on the person alleged to be dependent on dangerous drugs, and to the one having charge
Center for confinement. Thereafter, he/she may again be certified for temporary release and ordered released for of him.
another after-care and follow-up program pursuant to this Section.
If after such hearing and the facts so warrant, the court shall order the drug dependent to be examined by two (2)
Section 57. Probation and Community Service Under the Voluntary Submission Program. – A drug dependent physicians accredited by the Board. If both physicians conclude that the respondent is not a drug dependent, the
who is discharged as rehabilitated by the DOH-accredited Center through the voluntary submission program, but court shall order his/her discharge. If either physician finds him to be a dependent, the court shall conduct a hearing
does not qualify for exemption from criminal liability under Section 55 of this Act, may be charged under the and consider all relevant evidence which may be offered. If the court finds him a drug dependent, it shall issue an
provisions of this Act, but shall be placed on probation and undergo a community service in lieu of imprisonment order for his/her commitment to a treatment and rehabilitation center under the supervision of the DOH. In any
and/or fine in the discretion of the court, without prejudice to the outcome of any pending case filed in court. event, the order of discharge or order of confinement or commitment shall be issued not later than fifteen (15) days
from the filing of the appropriate petition.
Such drug dependent shall undergo community service as part of his/her after-care and follow-up program, which
may be done in coordination with nongovernmental civil organizations accredited by the DSWD, with the Section 62. Compulsory Submission of a Drug Dependent Charged with an Offense to Treatment and
recommendation of the Board. Rehabilitation. – If a person charged with an offense where the imposable penalty is imprisonment of less than six
(6) years and one (1) day, and is found by the prosecutor or by the court, at any stage of the proceedings, to be a
Section 58. Filing of Charges Against a Drug Dependent Who is Not Rehabilitated Under the Voluntary drug dependent, the prosecutor or the court as the case may be, shall suspend all further proceedings and transmit
Submission Program. – A drug dependent, who is not rehabilitated after the second commitment to the Center copies of the record of the case to the Board.
under the voluntary submission program, shall, upon recommendation of the Board, be charged for violation of
Section 15 of this Act and prosecuted like any other offender. If convicted, he/she shall be credited for the period In the event he Board determines, after medical examination, that public interest requires that such drug dependent
of confinement and rehabilitation in the Center in the service of his/her sentence. be committed to a center for treatment and rehabilitation, it shall file a petition for his/her commitment with the
regional trial court of the province or city where he/she is being investigated or tried: Provided, That where a
Section 59. Escape and Recommitment for Confinement and Rehabilitation Under the Voluntary Submission criminal case is pending in court, such petition shall be filed in the said court. The court shall take judicial notice of
Program. – Should a drug dependent under the voluntary submission program escape from the Center, he/she the prior proceedings in the case and shall proceed to hear the petition. If the court finds him to be a drug
may submit himself/herself for recommitment within one (1) week therefrom, or his/her parent, spouse, guardian dependent, it shall order his/her commitment to a Center for treatment and rehabilitation. The head of said Center
or relative within the fourth degree of consanguinity or affinity may, within said period, surrender him for shall submit to the court every four (4) months, or as often as the court may require, a written report on the progress
recommitment, in which case the corresponding order shall be issued by the Board. of the treatment. If the dependent is rehabilitated, as certified by the center and the Board, he/she shall be returned
to the court, which committed him, for his/her discharge therefrom.
Should the escapee fail to submit himself/herself or be surrendered after one (1) week, the Board shall apply to
the court for a recommitment order upon proof of previous commitment or his/her voluntary submission by the Thereafter, his/her prosecution for any offense punishable by law shall be instituted or shall continue, as the case
Board, the court may issue an order for recommitment within one (1) week. may be. In case of conviction, the judgment shall, if the accused is certified by the treatment and rehabilitation
center to have maintained good behavior, indicate that he/she shall be given full credit for the period he/she was
confined in the Center: Provided, however, That when the offense is for violation of Section 15 of this Act and the
If, subsequent to a recommitment, the dependent once again escapes from confinement, he/she shall be charged accused is not a recidivist, the penalty thereof shall be deemed to have been served in the Center upon his/her
for violation of Section 15 of this Act and he subjected under section 61 of this Act, either upon order of the Board release therefrom after certification by the Center and the Board that he/she is rehabilitated.
or upon order of the court, as the case may be.
Section 63. Prescription of the Offense Charged Against a Drug Dependent Under the Compulsory Submission
Section 60. Confidentiality of Records Under the Voluntary Submission Program. – Judicial and medical records Program. – The period of prescription of the offense charged against a drug dependent under the compulsory
of drug dependents under the voluntary submission program shall be confidential and shall not be used against submission program shall not run during the time that the drug dependent is under confinement in a Center or
him for any purpose, except to determine how many times, by himself/herself or through his/her parent, spouse, otherwise under the treatment and rehabilitation program approved by the Board.
guardian or relative within the fourth degree of consanguinity or affinity, he/she voluntarily submitted himself/herself
for confinement, treatment and rehabilitation or has been committed to a Center under this program.
Upon certification of the Center that he/she may temporarily be discharged from the said Center, the court shall
order his/her release on condition that he/she shall report to the Board through the DOH for after-care and follow-
Section 61. Compulsory Confinement of a Drug Dependent Who Refuses to Apply Under the Voluntary up treatment for a period not exceeding eighteen (18) months under such terms and conditions as may be imposed
Submission Program. – Notwithstanding any law, rule and regulation to the contrary, any person determined and by the Board.
found to be dependent on dangerous drugs shall, upon petition by the Board or any of its authorized representative,
be confined for treatment and rehabilitation in any Center duly designated or accredited for the purpose.
If at anytime during the after-care and follow-up period, the Board certifies to his/her complete rehabilitation, the
court shall order his/her final discharge from confinement and order for the immediate resumption of the trial of the
A petition for the confinement of a person alleged to be dependent on dangerous drugs to a Center may be filed case for which he/she is originally charged. Should the Board through the DOH find at anytime during the after-
by any person authorized by the Board with the Regional Trial Court of the province or city where such person is
found.
care and follow-up period that he/she requires further treatment and rehabilitation, it shall report to the court, which In the case of minors under fifteen (15) years of age at the time of the commission of any offense penalized under
shall order his/her recommitment to the Center. this Act, Article 192 of Presidential Decree No. 603, otherwise known as the Child and Youth Welfare Code, as
amended by Presidential Decree No. 1179 shall apply, without prejudice to the application of the provisions of this
Should the drug dependent, having been committed to a Center upon petition by the Board escape therefrom, Section.
he/she may resubmit himself/herself for confinement within one (1) week from the date of his/her escape; or his/her
parent, spouse, guardian or relative within the fourth degree of consanguinity or affinity may, within the same Section 67. Discharge After Compliance with Conditions of Suspended Sentence of a First-Time Minor Offender.
period, surrender him for recommitment. If, however, the drug dependent does not resubmit himself/herself for – If the accused first time minor offender under suspended sentence complies with the applicable rules and
confinement or he/she is not surrendered for recommitment, the Board may apply with the court for the issuance regulations of the Board, including confinement in a Center, the court, upon a favorable recommendation of the
of the recommitment order. Upon proof of previous commitment, the court shall issue an order for recommitment. Board for the final discharge of the accused, shall discharge the accused and dismiss all proceedings.
If, subsequent to such recommitment, he/she should escape again, he/she shall no longer be exempt from criminal
liability for use of any dangerous drug. Upon the dismissal of the proceedings against the accused, the court shall enter an order to expunge all official
records, other than the confidential record to be retained by the DOJ relating to the case. Such an order, which
A drug dependent committed under this particular Section who is finally discharged from confinement shall be shall be kept confidential, shall restore the accused to his/her status prior to the case. He/she shall not be held
exempt from criminal liability under Section 15 of this Act, without prejudice to the outcome of any pending case thereafter to be guilty of perjury or of concealment or misrepresentation by reason of his/her failure to acknowledge
filed in court. On the other hand, a drug dependent who is not rehabilitated after a second commitment to the the case or recite any fact related thereto in response to any inquiry made of him for any purpose.
Center shall, upon conviction by the appropriate court, suffer the same penalties provided for under Section 15 of
this Act again without prejudice to the outcome of any pending case filed in court. Section 68. Privilege of Suspended Sentence to be Availed of Only Once by a First-Time Minor Offender. – The
privilege of suspended sentence shall be availed of only once by an accused drug dependent who is a first-time
Section 64. Confidentiality of Records Under the Compulsory Submission Program. – The records of a drug offender over fifteen (15) years of age at the time of the commission of the violation of Section 15 of this Act but
dependent who was rehabilitated and discharged from the Center under the compulsory submission program, or not more than eighteen (18) years of age at the time when judgment should have been promulgated.
who was charged for violation of Section 15 of this Act, shall be covered by Section 60 of this Act. However, the
records of a drug dependent who was not rehabilitated, or who escaped but did not surrender himself/herself within Section 69. Promulgation of Sentence for First-Time Minor Offender. – If the accused first-time minor offender
the prescribed period, shall be forwarded to the court and their use shall be determined by the court, taking into violates any of the conditions of his/her suspended sentence, the applicable rules and regulations of the Board
consideration public interest and the welfare of the drug dependent. exercising supervision and rehabilitative surveillance over him, including the rules and regulations of the Center
should confinement be required, the court shall pronounce judgment of conviction and he/she shall serve sentence
Section 65. Duty of the Prosecutor in the Proceedings. – It shall be the duty of the provincial or the city prosecutor as any other convicted person.
or their assistants or state prosecutors to prepare the appropriate petition in all proceedings arising from this Act.
Section 70. Probation or Community Service for a First-Time Minor Offender in Lieu of Imprisonment. – Upon
Section 66. Suspension of Sentence of a First-Time Minor Offender. – An accused who is over fifteen (15) years promulgation of the sentence, the court may, in its discretion, place the accused under probation, even if the
of age at the time of the commission of the offense mentioned in Section 11 of this Act, but not more than eighteen sentence provided under this Act is higher than that provided under existing law on probation, or impose community
(18) years of age at the time when judgment should have been promulgated after having been found guilty of said service in lieu of imprisonment. In case of probation, the supervision and rehabilitative surveillance shall be
offense, may be given the benefits of a suspended sentence, subject to the following conditions: undertaken by the Board through the DOH in coordination with the Board of Pardons and Parole and the Probation
Administration. Upon compliance with the conditions of the probation, the Board shall submit a written report to the
(a) He/she has not been previously convicted of violating any provision of this Act, or of the Dangerous court recommending termination of probation and a final discharge of the probationer, whereupon the court shall
Drugs Act of 1972, as amended; or of the Revised Penal Code; or of any special penal laws; issue such an order.
(b) He/she has not been previously committed to a Center or to the care of a DOH-accredited physician; The community service shall be complied with under conditions, time and place as may be determined by the court
and in its discretion and upon the recommendation of the Board and shall apply only to violators of Section 15 of this
Act. The completion of the community service shall be under the supervision and rehabilitative surveillance of the
Board during the period required by the court. Thereafter, the Board shall render a report on the manner of
(c) The Board favorably recommends that his/her sentence be suspended. compliance of said community service. The court in its discretion may require extension of the community service
or order a final discharge.
While under suspended sentence, he/she shall be under the supervision and rehabilitative surveillance of the
Board, under such conditions that the court may impose for a period ranging from six (6) months to eighteen (18) In both cases, the judicial records shall be covered by the provisions of Sections 60 and 64 of this Act.
months.
If the sentence promulgated by the court requires imprisonment, the period spent in the Center by the accused
Upon recommendation of the Board, the court may commit the accused under suspended sentence to a Center, during the suspended sentence period shall be deducted from the sentence to be served.
or to the care of a DOH-accredited physician for at least six (6) months, with after-care and follow-up program for
not more than eighteen (18) months.
Section 71. Records to be kept by the Department of Justice. – The DOJ shall keep a confidential record of the (2) License, accredit, establish and maintain drug test network and laboratory, initiate, conduct and
proceedings on suspension of sentence and shall not be used for any purpose other than to determine whether or support scientific research on drugs and drug control;
not a person accused under this Act is a first-time minor offender.
(3) Encourage, assist and accredit private centers, promulgate rules and regulations setting minimum
Section 72. Liability of a Person Who Violates the Confidentiality of Records. – The penalty of imprisonment standards for their accreditation to assure their competence, integrity and stability;
ranging from six (6) months and one (1) day to six (6) years and a fine ranging from One thousand pesos
(P1,000.00) to Six thousand pesos (P6,000.00), shall be imposed upon any person who, having official custody of (4) Prescribe and promulgate rules and regulations governing the establishment of such Centers as it
or access to the confidential records of any drug dependent under voluntary submission programs, or anyone who, may deem necessary after conducting a feasibility study thereof;
having gained possession of said records, whether lawfully or not, reveals their content to any person other than
those charged with the prosecution of the offenses under this Act and its implementation. The maximum penalty
shall be imposed, in addition to absolute perpetual disqualification from any public office, when the offender is a (5) The DOH shall, without prejudice to the criminal prosecution of those found guilty of violating this Act,
government official or employee. Should the records be used for unlawful purposes, such as blackmail of the drug order the closure of a Center for treatment and rehabilitation of drug dependency when, after investigation
dependent or the members of his/her family, the penalty imposed for the crime of violation of confidentiality shall it is found guilty of violating the provisions of this Act or regulations issued by the Board; and
be in addition to whatever crime he/she may be convicted of.
(6) Charge reasonable fees for drug dependency examinations, other medical and legal services provided
Section 73. Liability of a Parent, Spouse or Guardian Who Refuses to Cooperate with the Board or any Concerned to the public, which shall accrue to the Board. All income derived from these sources shall be part of the
Agency. – Any parent, spouse or guardian who, without valid reason, refuses to cooperate with the Board or any funds constituted as special funds for the implementation of this Act under Section 87.
concerned agency in the treatment and rehabilitation of a drug dependent who is a minor, or in any manner,
prevents or delays the after-care, follow-up or other programs for the welfare of the accused drug dependent, ARTICLE IX
whether under voluntary submission program or compulsory submission program, may be cited for contempt by
the court. Dangerous Drugs Board and Philippine Drug Enforcement Agency
Section 74. Cost-Sharing in the Treatment and Rehabilitation of a Drug Dependent. – The parent, spouse, Section 77. The Dangerous Drugs Board. – The Board shall be the policy-making and strategy-formulating body
guardian or any relative within the fourth degree of consanguinity of any person who is confined under the voluntary in the planning and formulation of policies and programs on drug prevention and control. It shall develop and adopt
submission program or compulsory submission program shall be charged a certain percentage of the cost of a comprehensive, integrated, unified and balanced national drug abuse prevention and control strategy. It shall be
his/her treatment and rehabilitation, the guidelines of which shall be formulated by the DSWD taking into under the Office of the President.
consideration the economic status of the family of the person confined. The guidelines therein formulated shall be
implemented by a social worker of the local government unit.
Section 78. Composition of the Board. – The Board shall be composed of seventeen (17) members wherein three
(3) of which are permanent members, the other twelve (12) members shall be in an ex officio capacity and the two
Section 75. Treatment and Rehabilitation Centers. – The existing treatment and rehabilitation centers for drug (2) shall be regular members.
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 The three (3) permanent members, who shall possess at least seven-year training and experience in the field of
and maintenance of private centers which shall be eligible to receive grants, donations or subsidy from either dangerous drugs and in any of the following fields: in law, medicine, criminology, psychology or social work, shall
government or private sources. It shall also support the establishment of government-operated regional treatment be appointed by the President of the Philippines. The President shall designate a Chairman, who shall have the
and rehabilitation centers depending upon the availability of funds. The national government, through its rank of a secretary from among the three (3) permanent members who shall serve for six (6) years. Of the two (2)
appropriate agencies shall give priority funding for the increase of subsidy to existing government drug other members, who shall both have the rank of undersecretary, one (1) shall serve for four (4) years and the other
rehabilitation centers, and shall establish at least one (1) drug rehabilitation center in each province, depending on for two (2) years. Thereafter, the persons appointed to succeed such members shall hold office for a term of six
the availability of funds. (6) years and until their successors shall have been duly appointed and qualified.
Section 76. The Duties and Responsibilities of the Department of health (DOH) Under this Act. – The DOH shall: The other twelve (12) members who shall be ex officio members of the Board are the following:
(1) Oversee the monitor the integration, coordination and supervision of all drug rehabilitation, (1) Secretary of the Department of Justice or his/her representative;
intervention, after-care and follow-up programs, projects and activities as well as the establishment,
operations, maintenance and management of privately-owned drug treatment rehabilitation centers and (2) Secretary of the Department of Health or his/her representative;
drug testing networks and laboratories throughout the country in coordination with the DSWD and other
agencies;
(3) Secretary of the Department of National Defense or his/her representative;
Cabinet secretaries who are members of the Board may designate their duly authorized and permanent (c) Conduct policy studies, program monitoring and evaluations and other researches on drug prevention,
representatives whose ranks shall in no case be lower than undersecretary. control and enforcement;
The two (2) regular members shall be as follows: (d) Initiate, conduct and support scientific, clinical, social, psychological, physical and biological
researches on dangerous drugs and dangerous drugs prevention and control measures;
(a) The president of the Integrated Bar of the Philippines; and
(e) Develop an educational program and information drive on the hazards and prevention of illegal use of
(b) The chairman or president of a non-government organization involved in dangerous drug campaign any dangerous drug and/or controlled precursor and essential chemical based on factual data, and
to be appointed by the President of the Philippines. disseminate the same to the general public, for which purpose the Board shall endeavor to make the
general public aware of the hazards of any dangerous drugs and/or controlled precursor and essential
chemical by providing among others, literature, films, displays or advertisements and by coordinating with
The Director of the NBI and the Chief of the PNP shall be the permanent consultants of the Board, and shall attend all institutions of learning as well as with all national and local enforcement agencies in planning and
all the meetings of the Board. conducting its educational campaign programs to be implemented by the appropriate government
agencies;
All members of the Board as well as its permanent consultants shall receive a per diem for every meeting actually
attended subject to the pertinent budgetary laws, rules and regulations on compensation, honoraria and (f) Conduct continuing seminars for, and consultations with, and provide information materials to judges
allowances: Provided, That where the representative of an ex officio member or of the permanent consultant of the and prosecutors in coordination with the Office of the Court Administrator, in the case of judges, and the
Board attends a meeting in behalf of the latter, such representative shall be entitled to receive the per diem. DOJ, in the case of prosecutors, which aim to provide them with the current developments and programs
of the Board pertinent to its campaign against dangerous drugs and its scientific researches on dangerous
Section 79. Meetings of the Board. – The Board shall meet once a week or as often as necessary at the discretion drugs, its prevention and control measures;
of the Chairman or at the call of any four (4) other members. The presence of nine (9) members shall constitute a
quorum. (g) Design special trainings in order to provide law enforcement officers, members of the judiciary, and
prosecutors, school authorities and personnel of centers with knowledge and know-how in dangerous
Section 80. Secretariat of the Board. – The Board shall recommend to the President of the Philippines the drugs and/or controlled precursors and essential chemicals control in coordination with the Supreme
appointment of an Executive Director, with the rank of an undersecretary, who shall be the Secretary of the Board Court to meet the objectives of the national drug control programs;
and administrative officer of its secretariat, 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, and in any of (h) Design and develop, in consultation and coordination with the DOH, DSWD and other agencies
the following fields: law enforcement, law, medicine, criminology, psychology or social work. involved in drugs control, treatment and rehabilitation, both public and private, a national treatment and
rehabilitation program for drug dependents including a standard aftercare and community service
Two deputies executive director, for administration and operations, with the ranks of assistant secretary, shall be program for recovering drug dependents;
appointed by the President upon recommendation of the Board. They shall possess the same qualifications as
(i) Design and develop, jointly with the DOLE and in consultation with labor and employer groups as well (s) Develop the utilization of a controlled delivery scheme in addressing the transshipment of dangerous
as nongovernment organizations a drug abuse prevention program in the workplace that would include a drugs into and out of the country to neutralize transnational crime syndicates involved in illegal trafficking
provision for employee assistance programs for emotionally-stressed employees; of any dangerous drugs and/or controlled precursors and essential chemicals;
(j) Initiate and authorize closure proceedings against non-accredited and/or substandard rehabilitation (t) Recommend the revocation of the professional license of any practitioner who is an owner, co-owner,
centers based on verified reports of human rights violations, subhuman conditions, inadequate medical lessee, or in the employ of the drug establishment, or manager of a partnership, corporation, association,
training and assistance and excessive fees for implementation by the PDEA; or any juridical entity owning and/or controlling such drug establishment, and who knowingly participates
in, or consents to, tolerates, or abets the commission of the act of violations as indicated in the preceding
(k) Prescribe and promulgate rules and regulations governing the establishment of such centers, networks paragraph, all without prejudice to the criminal prosecution of the person responsible for the said violation;
and laboratories as deemed necessary after conducting a feasibility study in coordination with the DOH
and other government agencies; (u) Appoint such technical, administrative and other personnel as may be necessary for the effective
implementation of this Act, subject to the Civil Service Law and its rules and regulations;
(l) Receive, gather, collect and evaluate all information on the importation, exportation, production,
manufacture, sale, stocks, seizures of and the estimated need for any dangerous drug and/or controlled (v) Establish a regular and continuing consultation with concerned government agencies and medical
precursor and essential chemical, for which purpose the Board may require from any official, professional organizations to determine if balance exists in policies, procedures, rules and regulations on
instrumentality or agency of the government or any private person or enterprise dealing in, or engaged in dangerous drugs and to provide recommendations on how the lawful use of dangerous drugs can be
activities having to do with any dangerous drug and/or controlled precursors and essential chemicals such improved and facilitated; and
data or information as it may need to implement this Act;
(w) Submit an annual and periodic reports to the President, the Congress of the Philippines and the
(m) Gather and prepare detailed statistics on the importation, exportation, manufacture, stocks, seizures Senate and House of Representatives committees concerned as may be required from time to time, and
of and estimates need for any dangerous drug and/or controlled precursors and essential chemicals and perform such other functions as may be authorized or required under existing laws and as directed by the
such other statistical data on said drugs as may be periodically required by the United Nations Narcotics President himself/herself or as recommended by the congressional committees concerned.
Drug Commission, the World Health Organization and other international organizations in consonance
with the country's international commitments; Section 82. Creation of the Philippine Drug Enforcement Agency (PDEA). – To carry out the provisions of this Act,
the PDEA, which serves as the implementing arm of the Board, and shall be responsible for the efficient and
(n) Develop and maintain international networking coordination with international drug control agencies effective law enforcement of all the provisions on any dangerous drug and/or controlled precursor and essential
and organizations, and implement the provisions of international conventions and agreements thereon chemical as provided in this Act.
which have been adopted and approved by the Congress of the Philippines;
The PDEA shall be headed by a Director General with the rank of Undersecretary, who shall be responsible for
(o) Require all government and private hospitals, clinics, doctors, dentists and other practitioners to submit the general administration and management of the Agency. The Director General of the PDEA shall be appointed
a report to it, in coordination with the PDEA, about all dangerous drugs and/or controlled precursors and by the President of the Philippines and shall perform such other duties that may be assigned to him/her. He/she
essential chemicals-related cases to which they have attended for statistics and research purposes; must possess adequate knowledge, training and experience in the field of dangerous drugs, and in any of the
following fields: law enforcement, law, medicine, criminology, psychology or social work.
(p) Receive in trust legacies, gifts and donations of real and personal properties of all kinds, to administer
and dispose the same when necessary for the benefit of government and private rehabilitation centers The Director General of the PDEA shall be assisted in the performance of his/her duties and responsibilities by
subject to limitations, directions and instructions from the donors, if any; 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
(q) Issue guidelines as to the approval or disapproval of applications for voluntary treatment, rehabilitation upon recommendation of the Board. The two (2) deputies director general shall possess the same qualifications
or confinement, wherein it shall issue the necessary guidelines, rules and regulations pertaining to the as those of the Director General of the PDEA. The Director General and the two (2) deputies director general shall
application and its enforcement; receive the compensation and salaries as prescribed by law.
(r) Formulate guidelines, in coordination with other government agencies, the importation, distribution, Section 83. Organization of the PDEA. – The present Secretariat of the National Drug Law Enforcement and
production, manufacture, compounding, prescription, dispensing and sale of, and other lawful acts in Prevention Coordinating Center as created by Executive Order No. 61 shall be accordingly modified and absorbed
connection with any dangerous drug, controlled precursors and essential chemicals and other similar or by the PDEA.
analogous substances of such kind and in such quantity as it may deem necessary according to the
medical and research needs or requirements of the country including diet pills containing ephedrine and The Director General of the PDEA shall be responsible for the necessary changes in the organizational set-up
other addictive chemicals and determine the quantity and/or quality of dangerous drugs and controlled which shall be submitted to the Board for approval.
precursors and essential chemicals to be imported, manufactured and held in stock at any given time by
authorized importer, manufacturer or distributor of such drugs;
For purposes of carrying out its duties and powers as provided for in the succeeding Section of this Act, the PDEA appear from the package and address itself to be a possible importation of dangerous drugs and/or
shall have the following Services, namely: Intelligence and Investigation; International Cooperation and Foreign controlled precursors and essential chemicals, through on-line or cyber shops via the internet or
Affairs; Preventive Education and Community Involvement; Plans and Operations; Compliance; Legal and cyberspace;
Prosecution; Administrative and Human Resource; Financial Management; Logistics Management; and Internal
Affairs. (j) Conduct eradication programs to destroy wild or illegal growth of plants from which dangerous drugs
may be extracted;
The PDEA shall establish and maintain regional offices in the different regions of the country which shall be
responsible for the implementation of this Act and the policies, programs, and projects of said agency in their (k) Initiate and undertake the formation of a nationwide organization which shall coordinate and supervise
respective regions. all activities against drug abuse in every province, city, municipality and barangay with the active and
direct participation of all such local government units and nongovernmental organizations, including the
Section 84. Powers and Duties of the PDEA. – The PDEA shall: citizenry, subject to the provisions of previously formulated programs of action against dangerous drugs;
(a) Implement or cause the efficient and effective implementation of the national drug control strategy (l) Establish and maintain a national drug intelligence system in cooperation with law enforcement
formulated by the Board thereby carrying out a national drug campaign program which shall include drug agencies, other government agencies/offices and local government units that will assist in its
law enforcement, control and prevention campaign with the assistance of concerned government apprehension of big-time drug lords;
agencies;
(m) Establish and maintain close coordination, cooperation and linkages with international drug control
(b) Undertake the enforcement of the provisions of Article II of this Act relative to the unlawful acts and and administration agencies and organizations, and implement the applicable provisions of international
penalties involving any dangerous drug and/or controlled precursor and essential chemical and conventions and agreements related to dangerous drugs to which the Philippines is a signatory;
investigate all violators and other matters involved in the commission of any crime relative to the use,
abuse or trafficking of any dangerous drug and/or controlled precursor and essential chemical as provided (n) Create and maintain an efficient special enforcement unit to conduct an investigation, file charges and
for in this Act and the provisions of Presidential Decree No. 1619; transmit evidence to the proper court, wherein members of the said unit shall possess suitable and
adequate firearms for their protection in connection with the performance of their duties: Provided, That
(c) Administer oath, issue subpoena and subpoena duces tecum relative to the conduct of investigation no previous special permit for such possession shall be required;
involving the violations of this Act;
(o) Require all government and private hospitals, clinics, doctors, dentists and other practitioners to submit
(d) Arrest and apprehend as well as search all violators and seize or confiscate, the effects or proceeds a report to it, in coordination with the Board, about all dangerous drugs and/or controlled precursors and
of the crimes as provided by law and take custody thereof, for this purpose the prosecutors and essential chemicals which they have attended to for data and information purposes;
enforcement agents are authorized to possess firearms, in accordance with existing laws;
(p) Coordinate with the Board for the facilitation of the issuance of necessary guidelines, rules and
(e) Take charge and have custody of all dangerous drugs and/or controlled precursors and essential regulations for the proper implementation of this Act;
chemicals seized, confiscated or surrendered to any national, provincial or local law enforcement agency,
if no longer needed for purposes of evidence in court; (q) Initiate and undertake a national campaign for drug prevention and drug control programs, where it
may enlist the assistance of any department, bureau, office, agency or instrumentality of the government,
(f) Establish forensic laboratories in each PNP office in every province and city in order to facilitate action including government-owned and or –controlled corporations, in the anti-illegal drugs drive, which may
on seize or confiscated drugs, thereby hastening its destruction without delay; include the use of their respective personnel, facilities, and resources for a more resolute detection and
investigation of drug-related crimes and prosecution of the drug traffickers; and
(g) Recommend to the DOJ the forfeiture of properties and other assets of persons and/or corporations
found to be violating the provisions of this Act and in accordance with the pertinent provisions of the Anti- (r) Submit an annual and periodic reports to the Board as may be required from time to time, and perform
Money-Laundering Act of 2001; such other functions as may be authorized or required under existing laws and as directed by the
President himself/herself or as recommended by the congressional committees concerned.
(h) Prepare for prosecution or cause the filing of appropriate criminal and civil cases for violation of all
laws on dangerous drugs, controlled precursors and essential chemicals, and other similar controlled Section 85. The PDEA Academy. – Upon the approval of the Board, the PDEA Academy shall be established
substances, and assist, support and coordinate with other government agencies for the proper and either in Baguio or Tagaytay City, and in such other places as may be necessary. The PDEA Academy shall be
effective prosecution of the same; responsible in the recruitment and training of all PDEA agents and personnel. The Board shall provide for the
qualifications and requirements of its recruits who must be at least twenty-one (21) years old, of proven integrity
(i) Monitor and if warranted by circumstances, in coordination with the Philippine Postal Office and the and honesty and a Baccalaureate degree holder.
Bureau of Customs, inspect all air cargo packages, parcels and mails in the central post office, which
The graduates of the Academy shall later comprise the operating units of the PDEA after the termination of the The fines shall be remitted to the Board by the court imposing such fines within thirty (30) days from the finality of
transition period of five (5) years during which all the intelligence network and standard operating procedures of its decisions or orders. The unclaimed and forfeited prizes shall be turned over to the Board by the PCSO within
the PDEA has been set up and operationalized. thirty (30) days after these are collected and declared forfeited.
The Academy shall be headed by a Superintendent, with the rank of Director. He/she shall be appointed by the A portion of the funds generated by the Philippine Amusement and Gaming Corporation (PAGCOR) in the amount
PDEA Director General. of Five million pesos (P5,000,000.00) a month shall be set aside for the purpose of establishing adequate drug
rehabilitation centers in the country and also for the maintenance and operations of such centers: Provided, That
Section 86. Transfer, Absorption, and Integration of All Operating Units on Illegal Drugs into the PDEA and the said amount shall be taken from the fifty percent (50%) share of the National Government in the income of
Transitory Provisions. – The Narcotics Group of the PNP, the Narcotics Division of the NBI and the Customs PAGCOR: Provided, further, That the said amount shall automatically be remitted by PAGCOR to the Board. The
Narcotics Interdiction Unit are hereby abolished; however they shall continue with the performance of their task as amount shall, in turn, be disbursed by the Dangerous Drugs Board, subject to the rules and regulations of the
detail service with the PDEA, subject to screening, until such time that the organizational structure of the Agency Commission on Audit (COA).
is fully operational and the number of graduates of the PDEA Academy is sufficient to do the task
themselves: Provided, That such personnel who are affected shall have the option of either being integrated into The fund may be augmented by grants, donations, and endowment from various sources, domestic or foreign, for
the PDEA or remain with their original mother agencies and shall, thereafter, be immediately reassigned to other purposes related to their functions, subject to the existing guidelines set by the government.
units therein by the head of such agencies. Such personnel who are transferred, absorbed and integrated in the
PDEA shall be extended appointments to positions similar in rank, salary, and other emoluments and privileges Section 88. Management of Funds Under this Act; Annual Report by the Board and the PDEA. – The Board shall
granted to their respective positions in their original mother agencies. manage the funds as it may deem proper for the attainment of the objectives of this Act. In addition to the periodic
reports as may be required under this Act, the Chairman of the Board shall submit to the President of the Philippines
The transfer, absorption and integration of the different offices and units provided for in this Section shall take and to the presiding officers of both houses of Congress, within fifteen (15) days from the opening of the regular
effect within eighteen (18) months from the effectivity of this Act: Provided, That personnel absorbed and on detail session, an annual report on the dangerous drugs situation in the country which shall include detailed account of
service shall be given until five (5) years to finally decide to join the PDEA. the programs and projects undertaken, statistics on crimes related to dangerous drugs, expenses incurred
pursuant to the provisions of this Act, recommended remedial legislation, if needed, and such other relevant facts
Nothing in this Act shall mean a diminution of the investigative powers of the NBI and the PNP on all other crimes as it may deem proper to cite.
as provided for in their respective organic laws: Provided, however, That when the investigation being conducted
by the NBI, PNP or any ad hoc anti-drug task force is found to be a violation of any of the provisions of this Act, Section 89. Auditing the Accounts and Expenses of the Board and the PDEA. – All accounts and expenses of the
the PDEA shall be the lead agency. The NBI, PNP or any of the task force shall immediately transfer the same to Board and the PDEA shall be audited by the COA or its duly authorized representative.
the PDEA: Provided, further, That the NBI, PNP and the Bureau of Customs shall maintain close coordination with
the PDEA on all drug related matters. ARTICLE XI
Appropriations, Management of Funds and Annual Report 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
Section 87. Appropriations. – The amount necessary for the operation of the Board and the PDEA shall be charged courts designated in each judicial region shall be based on the population and the number of cases pending in
against the current year's appropriations of the Board, the National Drug Law Enforcement and Prevention their respective jurisdiction.
Coordinating Center, the Narcotics Group of the PNP, the Narcotics Division of the NBI and other drug abuse units
of the different law enforcement agencies integrated into the PDEA in order to carry out the provisions of this Act. The DOJ shall designate special prosecutors to exclusively handle cases involving violations of this Act.
Thereafter, such sums as may be necessary for the continued implementation of this Act shall be included in the
annual General Appropriations 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.
All receipts derived from fines, fees and other income authorized and imposed in this Act, 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 When the preliminary investigation is conducted by a public prosecutor and a probable cause is established, the
special account in the general fund for the implementation of this Act: Provided, That no amount shall be disbursed corresponding information shall be filed in court within twenty-four (24) hours from the termination of the
to cover the operating expenses of the Board and other concerned agencies: Provided, further, That at least fifty investigation. If the preliminary investigation is conducted by a judge and a probable cause is found to exist, the
percent (50%) of all the funds shall be reserved for assistance to government-owned and/or operated rehabilitation corresponding information shall be filed by the proper prosecutor within forty-eight (48) hours from the date of
centers. 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 The Board after notice and hearing shall consider the following factors with respect to each substance proposed
filing of the information. Decision on said cases shall be rendered within a period of fifteen (15) days from the date to be reclassified, added or removed from control:
of submission of the case for resolution.
(a) Its actual or relative potential for abuse;
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 (b) Scientific evidence of its pharmacological effect if known;
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 (c) The state of current scientific knowledge regarding the drug or other substance;
(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. (d) Its history and current pattern of abuse;
The immediate superior of the member of the law enforcement agency or any other government employee (e) The scope, duration, and significance of abuse;
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 (f) Risk to public health; and
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. (g) Whether the substance is an immediate precursor of a substance already controlled under this Act.
The member of the law enforcement agency or any other government employee mentioned in the preceding The Board shall also take into accord the obligations and commitments to international treaties, conventions and
paragraphs shall not be transferred or re-assigned to any other government office located in another territorial agreements to which the Philippines is a signatory.
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 The Dangerous Drugs Board shall give notice to the general public of the public hearing of the reclassification,
immediate superior shall notify the court where the case is pending of the order to transfer or re-assign, within addition to or removal from the list of any drug by publishing such notice in any newspaper of general circulation
twenty-four (24) hours from its approval; Provided, further, That his/her immediate superior shall be penalized with once a week for two (2) weeks.
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,
The effect of such reclassification, addition or removal shall be as follows:
perpetual absolute disqualification from public office, should he/she fail to notify the court of such order to transfer
or re-assign.
(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
Prosecution and punishment under this Section shall be without prejudice to any liability for violation of any existing
in all pending criminal prosecutions;
law.
(b) In case a precursors and essential chemicals is reclassified as dangerous drug, the penalties for
Section 92. Delay and Bungling in the Prosecution of Drug Cases. – Any government officer or employee tasked
violations of the Act involving precursors and essential chemicals shall, in case of conviction, be imposed
with the prosecution of drug-related cases under this act, who, through patent laxity, inexcusable neglect,
in all pending criminal prosecutions;
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. (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;
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 (d) In case of removal of a drug from the list of dangerous drugs and precursors and essential chemicals,
party, including the manufacturer of a drug, a medical society or association, a pharmacy association, a public all persons convicted and/or detained for the use and/or possession of such a drug shall be automatically
interest group concerned with drug abuse, a national or local government agency, or an individual citizen. When a released and all pending criminal prosecution involving such a drug under this Act shall forthwith be
petition is received by the Board, it shall immediately begin its own investigation of the drug. The PDEA also may dismissed; and
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. (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.
ARTICLE XII other person to testify before it, or require any person by subpoena duces tecum documents or other materials as
it may require consistent with the provisions of this Act.
Implementing Rules and Regulations
The Oversight Committee on Dangerous Drugs shall be assisted by a secretariat to be composed by personnel
Section 94. Implementing Rules and Regulations. – The present Board in consultation with the DOH, DILG, DOJ, who may be seconded from the Senate and the House of Representatives and may retain consultants.
DepEd, DSWD, DOLE, PNP, NBI, PAGCOR and the PCSO and all other concerned government agencies shall
promulgate within sixty (60) days the Implementing Rules and Regulations that shall be necessary to implement To carry out the powers and functions of the Oversight Committee on Dangerous Drugs, the initial sum of Twenty-
the provisions of this Act. five million pesos (P25,000,000.00) shall be charged against the current appropriations of the Senate. Thereafter,
such amount necessary for its continued operations shall be included in the annual General Appropriations Act.
ARTICLE XIII
The Oversight Committee on Dangerous Drugs shall exist for a period of ten (10) years from the effectivity of this
Final Provisions Act and may be extended by a joint concurrent resolution.
Section 95. Congressional Oversight Committee. – There is hereby created a Congressional Oversight Committee Section 98. Limited Applicability of the Revised Penal Code. – Notwithstanding any law, rule or regulation to the
composed of seven (7) Members from the Senate and seven (7) Members from the House of Representatives. contrary, the provisions of the Revised Penal Code (Act No. 3814), as amended, shall not apply to the provisions
The Members from the Senate shall be appointed by the Senate President based on the proportional of this Act, except in the case of minor offenders. Where the offender is a minor, the penalty for acts punishable
representation of the parties or coalitions therein with at least two (2) Senators representing the Minority. The by life imprisonment to death provided herein shall be reclusion perpetua to death.
Members from the House of Representatives shall be appointed by the Speaker, also based on proportional
representation of the parties or coalitions therein with at least two (2) Members representing the Minority. Section 99. Separability Clause. – If for any reason any section or provision of this Act, or any portion thereof, or
the application of such section, provision or portion thereof to any person, group or circumstance is declared invalid
The Committee shall be headed by the respective Chairpersons of the Senate Committee on Public Order and or unconstitutional, the remainder of this Act shall not be affected by such declaration and shall remain in force
Illegal Drugs and the House of Representatives Committee on Dangerous Drugs. and effect.
Section 96. Powers and Functions of the Oversight Committee. – The Oversight Committee on Dangerous Drugs Section 100. Repealing Clause. – Republic Act No. 6425, as amended, is hereby repealed and all other laws,
shall, in aid of legislation, perform the following functions, among others: administrative orders, rules and regulations, or parts thereof inconsistent with the provisions of this Act, are hereby
repealed or modified accordingly.
(a) To set the guidelines and overall framework to monitor and ensure the proper implementation of this
Act; Section 101. Amending Clause. – Republic Act No. 7659 is hereby amended accordingly.
(b) To ensure transparency and require the submission of reports from government agencies concerned Section 102. Effectivity. – This Act shall take effect fifteen (15) days upon its publication in at least two (2) national
on the conduct of programs, projects and policies relating to the implementation of this act; newspapers of general circulation.
(c) To approve the budget for the programs of the Oversight Committee on Dangerous Drugs and all This Act which is a consolidation of Senate Bill No. 1858 and House Bill No. 4433 was finally passed by the Senate
disbursements therefrom, including compensation of all personnel; and the House of Representatives on May 30, 2002 and May 29, 2002, respectively.
(d) To submit periodic reports to the President of the Philippines and Congress on the implementation of
the provisions of this Act;
(e) To determine inherent weaknesses in the law and recommend the necessary remedial legislation or
executive measures; and
(f) To perform such other duties, functions and responsibilities as may be necessary to effectively attain
the objectives of this Act.
Section 97. Adoption of Committee Rules and Regulations, and Funding. – The Oversight Committee on
Dangerous Drugs shall adopt its internal rules of procedure, conduct hearings and receive testimonies, reports,
and technical advice, invite or summon by subpoena ad testificandum any public official, private citizen, or any