Republic of the Philippines

HOUSE OF REPRESENTATIVES
Manila City, Metro Manila
House Bill No. ______

____________________________________________________________________________

Introduced by Representative/s Alexandra Denise C. Alcazar, Janine Zyrelle S. Awat,

EXPLANATORY NOTE

The Dangerous Drugs Act of 2002 created by the R.A. 9165, the law that amended R.A. 6425,

or the Dangerous Drugs Act of 1972. That aims to pursue an intensive and unrelenting

campaign against trafficking and use of dangerous drugs and similar substances.

The amendments proposed in this bill is ​For “​Reformation of drug dependency for the purpose

of resocialization of small time users; by giving them opportunities for livelihood, therefore

strengthening the trust, that the small time user will not relapse back to their drug dependency”
 Republic of the Philippines
HOUSE OF REPRESENTATIVES
Manila City, Metro Manila
House Bill No. ______

____________________________________________________________________________

Introduced by Representative/s Alexandra Denise C. Alcazar, Janine Zyrelle S. Awat,

AN ACT AMENDING ART. VIII, SEC 55, SEC 56 OF R.A. 9165 ENTITLED “​ REFORMATION

OF DRUG DEPENDENCY FOR THE PURPOSE OF RESOCIALIZATION OF SMALL TIME

USERS; BY GIVING THEM OPPORTUNITIES FOR LIVELIHOOD, THEREFORE

STRENGTHENING THE TRUST, THAT THE SMALL TIME USER WILL NOT RELAPSE

BACK TO THEIR DRUG DEPENDENCY”

Be it enacted by the House of Representatives of the Republic of the Philippines in Congress

assembled:

Section 1. Short Title. - ​This Act shall be known as the “​Dependency Reformation act of

2019”

Section 2.Definition of Terms. -​ ​As used in this Act, the following terms shall mean:

Bantay Bata 163 - It is a social welfare program of ABS-CBN Lingkod Kapamilya Foundation,

which aims to protect disadvantaged and at-risk children through a nationwide network of social

services.
DOH- The Department of Health is the executive department of the Philippine government

responsible for ensuring access to basic public health services by all Filipinos through the

provision of quality health care and the regulation of all health services and products.

Drug Dependent- ​Any person whose use of psychoactive drugs takes on a high priority thereby,

involving, among others, a strong desire or a sense of compulsion to take the substance and

has difficulties in controlling substance-taking behavior in terms of its onset, termination, or

levels of use.

DSWD- ​The Department of Social Welfare and Development is the executive department of the

Philippine Government responsible for the protection of the social welfare rights of Filipinos and

to promote social development.

Reformation- ​It is the action or process of making changes to something with the intention of

setting it back on the right track.

TESDA- The Technical Education and Skills Development Authority is the government agency

tasked to manage and supervise technical education and skills development (TESD) in the

Philippines. It was created by virtue of Republic Act 7796, otherwise known as the “Technical

Education and Skills Development Act of 1994”. To attain international competitiveness and

skilled workers to have become highly competent in their trade or craft as attested by industry.

TVET- ​The Technical and Vocational Education and Training is education and training which

provides knowledge and skills for employment. TVET uses formal, non-formal and informal

learning. TVET is recognised to be a crucial vehicle for social equity, inclusion and sustainable

development.
Section 3. Article. VIII, section 55, R.A. 9165 - “​ ​Exemption from the Criminal Liability Under

the Voluntary Submission Program. A drug dependent 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:

(1) He/she has complied with the rules and regulations of the center, the applicable rules

and regulations 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 of the DOH-accredited physician, the

after-care program and follow-up schedule formulated by the DSWD and approved by

the Board: Provided, That capability-building of local government social workers shall be

undertaken by the DSWD;

(2) He/she has never been charged or convicted of any offense punishable under this

Act, the Dangerous Drugs Act of 1972 or Republic Act No. 6425, as amended; the

Revised Penal Code, as amended; or any special penal laws;

(3) He/she has no record of escape from a Center: Provided, That had he/she escaped,

he/she 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

(4) He/she poses no serious danger to himself/herself, his/her family or the community

by his/her exemption from criminal liability.”

In addition to the aforementioned conditions, a drug dependent must undergo the

required or prescribed activities to sustain reformation efforts under the supervision and
 management of designated local government units such as, but not limited to, the

following agencies; TESDA, TVET, DSWD, and for a minor drug dependent, Bantay

Bata.

The authorized agencies after careful assessment, may prescribe any of the following

reformative activities:

(a) Family Reformation

(b) Community service

(c) Motivational incentives

(d) Multisystemic therapy for minors

(e) Vocational education

(f) Physical activities for health and wellness

(g) Skills training

(h) Proper education on drugs and other substances

(i) Cognitive-behavioral therapy

Section 4.- Article VIII Section 56 of the Republic Act No. 9165: ​Temporary Release From

the Center; After-Care and Follow-Up Treatment Under the Voluntary Submission

Program.​ – ​Upon certification of the Center that the drug dependent within the voluntary

submission 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.

rehabilitated, he/she may be discharged by the Court, subject to the provisions of Section 55 of

this Act, without prejudice to the outcome of any pending case filed in court.

However, should the DOH find that during the initial after-care and follow-up program of

eighteen (18) months, the drug dependent requires further treatment and rehabilitation in the

Center, he/she shall be recommitted to the Center for confinement. Thereafter, he/she may

again be certified for temporary release and ordered released for another after-care and

follow-up program pursuant to this Section.

Following DOH testing, the court will order the drug dependent patients to undergo vocational

programs and behavior-cognition testing to be reimbursed as productive members of the

society; and to avoid these patients to relapse to their original drug-dependent ways. Under

TESDA, they will be offered jobs after their vocational training for sustaining their everyday

expenses in order to avoid depending on selling drugs again. They will be regularly tested by

the rehabilitation center for their behavioral and cognitive skills, to monitor if said patient/s is free

from their old habits.

Section 5.Appropriations - ​The sum necessary for the effective implementation of the provisions

of this Act shall be initially charged against the appropriations for the Department of Health

under the annual General Appropriations Act. Thereafter, such amount as may be necessary for

the continued operation of the Center shall be included in the GAA for the succeeding years​.

Section 6.Separability Clause.- ​May there be sections and provisions that are invalid or

unconstitutional, the remaining portions unaffected will retain and continue to be in effect.
Section 7.Repealing Clause.- All laws, orders, issuances, rules and regulations or parts thereof

inconsistent with this Act shall hereby be repealed or modified accordingly.

Section 8.Effectivity.- ​This act shall take effect eighteen (18) months after its approval, or in at

least two (2) newspapers of general circulation.