Congress of the Philippines Twelfth Congress First Regular Session REPUBLIC ACT NO. !

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AN ACT INSTITUTIN) T*E CO+PRE*ENSI,E -AN)EROUS -RU)S ACT OF '(('& REPEALIN) REPUBLIC ACT NO. ".'#& OT*ER/ISE 0NO/N AS T*E -AN)EROUS -RU)S ACT OF ! %'& AS A+EN-E-& PRO,I-IN) FUN-S T*EREFOR& AN- FOR OT*ER PURPOSES Be it enacted by the Senate and House of Representatives of the Philippines in Congress Se1tion !. Short Title. This Act shall be known and cited as the "Comprehensive Dangerous Drugs Act of 2002". Se1tion '. Declaration of Policy. t is the polic! of the "tate to safeguard the integrit! of its territor! and the well#being of its citi$enr! particularl! the !outh% from the harmful effects of dangerous drugs on their ph!sical and mental well#being% and to defend the same against acts or omissions detrimental to their development and preservation. n view of the foregoing% the "tate needs to enhance further the efficac! of the law against dangerous drugs% it being one of toda!&s more serious social ills. Toward this end% the government shall pursue an intensive and unrelenting campaign against the trafficking and use of dangerous drugs and other similar substances through an integrated s!stem of planning% implementation and enforcement of anti#drug abuse policies% programs% and pro'ects. The government shall however aim to achieve a balance in the national drug control program so that people with legitimate medical needs are not prevented from being treated with ade(uate amounts of appropriate medications% which include the use of dangerous drugs. t is further declared the polic! of the "tate to provide effective mechanisms or measures to re# integrate into societ! individuals who have fallen victims to drug abuse or dangerous drug dependence through sustainable programs of treatment and rehabilitation. ARTICLE I -efinition of ter2s Se1tion 3. Definitions. As used in this Act% the following terms shall mean) *a+ Administer. An! act of introducing an! dangerous drug into the bod! of an! person% with or without his,her knowledge% b! in'ection% inhalation% ingestion or other means% or of committing an! act of indispensable assistance to a person in administering a dangerous drug to himself,herself unless administered b! a dul! licensed practitioner for purposes of medication. *b+ -oard. # .efers to the Dangerous Drugs -oard under "ection //% Article 0 of this Act.

*c+ Centers. # An! of the treatment and rehabilitation centers for drug dependents referred to in "ection 12% Article 3 of this Act. *d+ Chemical Diversion. The sale% distribution% suppl! or transport of legitimatel! imported% in# transit% manufactured or procured controlled precursors and essential chemicals% in diluted% mi4tures or in concentrated form% to an! person or entit! engaged in the manufacture of an! dangerous drug% and shall include packaging% repackaging% labeling% relabeling or concealment of such transaction through fraud% destruction of documents% fraudulent use of permits% misdeclaration% use of front companies or mail fraud. *e+ Clandestine 5aborator!. An! facilit! used for the illegal manufacture of an! dangerous drug and,or controlled precursor and essential chemical. *f+ Confirmator! Test. An anal!tical test using a device% tool or e(uipment with a different chemical or ph!sical principle that is more specific which will validate and confirm the result of the screening test. *g+ Controlled Deliver!. The investigative techni(ue of allowing an unlawful or suspect consignment of an! dangerous drug and,or controlled precursor and essential chemical% e(uipment or paraphernalia% or propert! believed to be derived directl! or indirectl! from an! offense% to pass into% through or out of the countr! under the supervision of an authori$ed officer% with a view to gathering evidence to identif! an! person involved in an! dangerous drugs related offense% or to facilitate prosecution of that offense. *h+ Controlled 6recursors and 7ssential Chemicals. nclude those listed in Tables and of the 89:: ;< Convention Against llicit Traffic in <arcotic Drugs and 6s!chotropic "ubstances as enumerated in the attached anne4% which is an integral part of this Act. *i+ Cultivate or Culture. An! act of knowingl! planting% growing% raising% or permitting the planting% growing or raising of an! plant which is the source of a dangerous drug. *'+ Dangerous Drugs. nclude those listed in the "chedules anne4ed to the 89=8 "ingle Convention on <arcotic Drugs% as amended b! the 89/2 6rotocol% and in the "chedules anne4ed to the 89/8 "ingle Convention on 6s!chotropic "ubstances as enumerated in the attached anne4 which is an integral part of this Act. *k+ Deliver. An! act of knowingl! passing a dangerous drug to another% personall! or otherwise% and b! an! means% with or without consideration. *l+ Den% Dive or .esort. A place where an! dangerous drug and,or controlled precursor and essential chemical is administered% delivered% stored for illegal purposes% distributed% sold or used in an! form. *m+ Dispense. An! act of giving awa!% selling or distributing medicine or an! dangerous drug with or without the use of prescription.

*n+ Drug Dependence. As based on the >orld ?ealth @rgani$ation definition% it is a cluster of ph!siological% behavioral and cognitive phenomena of variable intensit!% in which the use of ps!choactive drug takes on a high priorit! thereb! involving% among others% a strong desire or a sense of compulsion to take the substance and the difficulties in controlling substance#taking behavior in terms of its onset% termination% or levels of use. *o+ Drug "!ndicate. An! organi$ed group of two *2+ or more persons forming or 'oining together with the intention of committing an! offense prescribed under this Act. *p+ 7mplo!ee of Den% Dive or .esort. The caretaker% helper% watchman% lookout% and other persons working in the den% dive or resort% emplo!ed b! the maintainer% owner and,or operator where an! dangerous drug and,or controlled precursor and essential chemical is administered% delivered% distributed% sold or used% with or without compensation% in connection with the operation thereof. *(+ Ainancier. An! person who pa!s for% raises or supplies mone! for% or underwrites an! of the illegal activities prescribed under this Act. *r+ llegal Trafficking. The illegal cultivation% culture% deliver!% administration% dispensation% manufacture% sale% trading% transportation% distribution% importation% e4portation and possession of an! dangerous drug and,or controlled precursor and essential chemical. *s+ nstrument. An! thing that is used in or intended to be used in an! manner in the commission of illegal drug trafficking or related offenses. *t+ 5aborator! 7(uipment. The paraphernalia% apparatus% materials or appliances when used% intended for use or designed for use in the manufacture of an! dangerous drug and,or controlled precursor and essential chemical% such as reaction vessel% preparative,purif!ing e(uipment% fermentors% separator! funnel% flask% heating mantle% gas generator% or their substitute. *u+ Banufacture. The production% preparation% compounding or processing of an! dangerous drug and,or controlled precursor and essential chemical% either directl! or indirectl! or b! e4traction from substances of natural origin% or independentl! b! means of chemical s!nthesis or b! a combination of e4traction and chemical s!nthesis% and shall include an! packaging or repackaging of such substances% design or configuration of its form% or labeling or relabeling of its containerC e4cept that such terms do not include the preparation% compounding% packaging or labeling of a drug or other substances b! a dul! authori$ed 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 anal!sis of dangerous drugs or such substances that are not intended for sale or for an! other purpose. *v+ Cannabis or commonl! known as "Bari'uana" or " ndian ?emp" or b! its an! other name. 7mbraces ever! kind% class% genus% or specie of the plant Cannabis sativa L. including% but not limited to% Cannabis a ericana% hashish! bhang! gua"a! churrus and gan#ab% and embraces ever! kind% class and character of mari'uana% whether dried or fresh and flowering% flowering or

fruiting tops% or an! part or portion of the plant and seeds thereof% and all its geographic varieties% whether as a reefer% resin% e4tract% tincture or in an! form whatsoever. *w+ Beth!lenedio4!methamphetamine *BDBA+ or commonl! known as "7cstas!"% or b! its an! other name. .efers to the drug having such chemical composition% including an! of its isomers or derivatives in an! form. *4+ Bethamphetamine ?!drochloride or commonl! known as ""habu"% " ce"% "Beth"% or b! its an! other name. .efers to the drug having such chemical composition% including an! of its isomers or derivatives in an! form. *!+ @pium. .efers to the coagulated 'uice of the opium popp! *Papaver so niferu L.+ and embraces ever! kind% class and character of opium% whether crude or preparedC the ashes or refuse of the sameC narcotic preparations thereof or therefromC morphine or an! alkaloid of opiumC preparations in which opium% morphine or an! alkaloid of opium enters as an ingredientC opium popp!C opium popp! strawC and leaves or wrappings of opium leaves% whether prepared for use or not. *$+ @pium 6opp!. .efers to an! part of the plant of the species Papaver so niferu L.! Papaver setigeru DC! Papaver orientale! Papaver bracteatu and Papaver rhoeas% which includes the seeds% straws% branches% leaves or an! part thereof% or substances derived therefrom% even for floral% decorative and culinar! purposes. *aa+ 6D7A. .efers to the 6hilippine Drug 7nforcement Agenc! under "ection :2% Article 0 of this Act. *bb+ 6erson. An! entit!% natural or 'uridical% including among others% a corporation% partnership% trust or estate% 'oint stock compan!% association% s!ndicate% 'oint venture or other unincorporated organi$ation or group capable of ac(uiring rights or entering into obligations. *cc+ 6lanting of 7vidence. The willful act b! an! person of maliciousl! and surreptitiousl! inserting% placing% adding or attaching directl! or indirectl!% through an! overt or covert act% whatever (uantit! of an! dangerous drug and,or controlled precursor and essential chemical in the person% house% effects or in the immediate vicinit! of an innocent individual for the purpose of implicating% incriminating or imputing the commission of an! violation of this Act. *dd+ 6ractitioner. An! person who is a licensed ph!sician% dentist% chemist% medical technologist% nurse% midwife% veterinarian or pharmacist in the 6hilippines. *ee+ 6rotector,Coddler. An! person who knowingl! and willfull! 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 an! person he,she knows% or has reasonable grounds to believe on or suspects% has violated the provisions of this Act in order to prevent the arrest% prosecution and conviction of the violator.

*ff+ 6usher. An! person who sells% trades% administers% dispenses% delivers or gives awa! to another% on an! terms whatsoever% or distributes% dispatches in transit or transports dangerous drugs or who acts as a broker in an! of such transactions% in violation of this Act. *gg+ "chool. An! educational institution% private or public% undertaking educational operation for pupils,students pursuing certain studies at defined levels% receiving instructions from teachers% usuall! located in a building or a group of buildings in a particular ph!sical or c!ber site. *hh+ "creening Test. A rapid test performed to establish potential,presumptive positive result. *ii+ "ell. An! act of giving awa! an! dangerous drug and,or controlled precursor and essential chemical whether for mone! or an! other consideration. *''+ Trading. Transactions involving the illegal trafficking of dangerous drugs and,or controlled precursors and essential chemicals using electronic devices such as% but not limited to% te4t messages% email% mobile or landlines% two#wa! radios% internet% instant messengers and chat rooms or acting as a broker in an! of such transactions whether for mone! or an! other consideration in violation of this Act. *kk+ ;se. An! act of in'ecting% intravenousl! or intramuscularl!% of consuming% either b! chewing% smoking% sniffing% eating% swallowing% drinking or otherwise introducing into the ph!siological s!stem of the bod!% and of the dangerous drugs. ARTICLE II Unlawful A1ts an4 Penalties Se1tion .. $ portation of Dangerous Drugs and%or Controlled Precursors and &ssential Che icals.' .The penalt! of life imprisonment to death and a ranging from Aive hundred thousand pesos *6D00%000.00+ to Ten million pesos *680%000%000.00+ shall be imposed upon an! person% who% unless authori$ed b! law% shall import or bring into the 6hilippines an! dangerous drug% regardless of the (uantit! and purit! involved% including an! and all species of opium popp! or an! part thereof or substances derived therefrom even for floral% decorative and culinar! purposes. The penalt! of imprisonment ranging from twelve *82+ !ears and one *8+ da! to twent! *20+ !ears and a fine ranging from @ne hundred thousand pesos *6800%000.00+ to Aive hundred thousand pesos *6D00%000.00+ shall be imposed upon an! person% who% unless authori$ed b! law% shall import an! controlled precursor and essential chemical. The ma4imum penalt! provided for under this "ection shall be imposed upon an! person% who% unless authori$ed under this Act% shall import or bring into the 6hilippines an! dangerous drug and,or controlled precursor and essential chemical through the use of a diplomatic passport% diplomatic facilities or an! other means involving his,her official status intended to facilitate the

unlawful entr! of the same. n addition% the diplomatic passport shall be confiscated and canceled. The ma4imum penalt! provided for under this "ection shall be imposed upon an! person% who organi$es% manages or acts as a "financier" of an! of the illegal activities prescribed in this "ection. The penalt! of twelve *82+ !ears and one *8+ da! to twent! *20+ !ears of imprisonment and a fine ranging from @ne hundred thousand pesos *6800%000.00+ to Aive hundred thousand pesos *6D00%000.00+ shall be imposed upon an! person% who acts as a "protector,coddler" of an! violator of the provisions under this "ection. Se1tion #. Sale! Trading! (d inistration! Dispensation! Delivery! Distribution and Transportation of Dangerous Drugs and%or Controlled Precursors and &ssential Che icals. # The penalt! of life imprisonment to death and a fine ranging from Aive hundred thousand pesos *6D00%000.00+ to Ten million pesos *680%000%000.00+ shall be imposed upon an! person% who% unless authori$ed b! law% shall sell% trade% administer% dispense% deliver% give awa! to another% distribute dispatch in transit or transport an! dangerous drug% including an! and all species of opium popp! regardless of the (uantit! and purit! involved% or shall act as a broker in an! of such transactions. The penalt! of imprisonment ranging from twelve *82+ !ears and one *8+ da! to twent! *20+ !ears and a fine ranging from @ne hundred thousand pesos *6800%000.00+ to Aive hundred thousand pesos *6D00%000.00+ shall be imposed upon an! person% who% unless authori$ed b! law% shall sell% trade% administer% dispense% deliver% give awa! to another% distribute% dispatch in transit or transport an! controlled precursor and essential chemical% or shall act as a broker in such transactions. f the sale% trading% administration% dispensation% deliver!% distribution or transportation of an! dangerous drug and,or controlled precursor and essential chemical transpires within one hundred *800+ meters from the school% the ma4imum penalt! shall be imposed in ever! case. Aor drug pushers who use minors or mentall! incapacitated individuals as runners% couriers and messengers% or in an! other capacit! directl! connected to the dangerous drugs and,or controlled precursors and essential chemical trade% the ma4imum penalt! shall be imposed in ever! case. f the victim of the offense is a minor or a mentall! incapacitated individual% or should a dangerous drug and,or a controlled precursor and essential chemical involved in an! offense herein provided be the pro4imate cause of death of a victim thereof% the ma4imum penalt! provided for under this "ection shall be imposed. The ma4imum penalt! provided for under this "ection shall be imposed upon an! person who organi$es% manages or acts as a "financier" of an! of the illegal activities prescribed in this "ection.

The penalt! of twelve *82+ !ears and one *8+ da! to twent! *20+ !ears of imprisonment and a fine ranging from @ne hundred thousand pesos *6800%000.00+ to Aive hundred thousand pesos *6D00%000.00+ shall be imposed upon an! person% who acts as a "protector,coddler" of an! violator of the provisions under this "ection. Se1tion ". )aintenance of a Den! Dive or Resort. # The penalt! of life imprisonment to death and a fine ranging from Aive hundred thousand pesos *6D00%000.00+ to Ten million pesos *680%000%000.00+ shall be imposed upon an! person or group of persons who shall maintain a den% dive or resort where an! dangerous drug is used or sold in an! form. The penalt! of imprisonment ranging from twelve *82+ !ears and one *8+ da! to twent! *20+ !ears and a fine ranging from @ne hundred thousand pesos *6800%000.00+ to Aive hundred thousand pesos *6D00%000.00+ shall be imposed upon an! person or group of persons who shall maintain a den% dive% or resort where an! controlled precursor and essential chemical is used or sold in an! form. The ma4imum penalt! provided for under this "ection shall be imposed in ever! case where an! dangerous drug is administered% delivered or sold to a minor who is allowed to use the same in such a place. "hould an! dangerous drug be the pro4imate cause of the death of a person using the same in such den% dive or resort% the penalt! of death and a fine ranging from @ne million *68%000%000.00+ to Aifteen million pesos *6D00%000.00+ shall be imposed on the maintainer% owner and,or operator. f such den% dive or resort is owned b! a third person% the same shall be confiscated and escheated in favor of the government) Provided% That the criminal complaint shall specificall! allege that such place is intentionall! used in the furtherance of the crime) Provided! further% That the prosecution shall prove such intent on the part of the owner to use the propert! for such purpose) Provided! finally% That the owner shall be included as an accused in the criminal complaint. The ma4imum penalt! provided for under this "ection shall be imposed upon an! person who organi$es% manages or acts as a "financier" of an! of the illegal activities prescribed in this "ection. The penalt! twelve *82+ !ears and one *8+ da! to twent! *20+ !ears of imprisonment and a fine ranging from @ne hundred thousand pesos *6800%000.00+ to Aive hundred thousand pesos *6D00%000.00+ shall be imposed upon an! person% who acts as a "protector,coddler" of an! violator of the provisions under this "ection. Se1tion %. & ployees and *isitors of a Den! Dive or Resort. # The penalt! of imprisonment ranging from twelve *82+ !ears and one *8+ da! to twent! *20+ !ears and a fine ranging from @ne hundred thousand pesos *6800%000.00+ to Aive hundred thousand pesos *6D00%000.00+ shall be imposed upon)

*a+ An! emplo!ee of a den% dive or resort% who is aware of the nature of the place as suchC and *b+ An! person who% not being included in the provisions of the ne4t preceding% paragraph% is aware of the nature of the place as such and shall knowingl! visit the same Se1tion 5. )anufacture of Dangerous Drugs and%or Controlled Precursors and &ssential Che icals. # The penalt! of life imprisonment to death and a fine ranging Aive hundred thousand pesos *6D00%000.00+ to Ten million pesos *680%000%000.00+ shall be imposed upon an! person% who% unless authori$ed b! law% shall engage in the manufacture of an! dangerous drug. The penalt! of imprisonment ranging from twelve *82+ !ears and one *8+ da! to twent! *20+ !ears and a fine ranging from @ne hundred thousand pesos *6800%000.00+ to Aive hundred thousand pesos *6D00%000.00+ shall be imposed upon an! person% who% unless authori$ed b! law% shall manufacture an! controlled precursor and essential chemical. The presence of an! controlled precursor and essential chemical or laborator! e(uipment in the clandestine laborator! is a pri a facie proof of manufacture of an! dangerous drug. t shall be considered an aggravating circumstance if the clandestine laborator! is undertaken or established under the following circumstances) *a+ An! phase of the manufacturing process was conducted in the presence or with the help of minor,s) *b+ An! phase or manufacturing process was established or undertaken within one hundred *800+ meters of a residential% business% church or school premisesC *c+ An! clandestine laborator! was secured or protected with boob! trapsC *d+ An! clandestine laborator! was concealed with legitimate business operationsC or *e+ An! emplo!ment of a practitioner% chemical engineer% public official or foreigner. The ma4imum penalt! provided for under this "ection shall be imposed upon an! person% who organi$es% manages or acts as a "financier" of an! of the illegal activities prescribed in this "ection. The penalt! of twelve *82+ !ears and one *8+ da! to twent! *20+ !ears of imprisonment and a fine ranging from @ne hundred thousand pesos *6800%000.00+ to Aive hundred thousand pesos *6D00%000.00+ shall be imposed upon an! person% who acts as a "protector,coddler" of an! violator of the provisions under this "ection. Se1tion . $llegal Che ical Diversion of Controlled Precursors and &ssential Che icals. # The penalt! of imprisonment ranging from twelve *82+ !ears and one *8+ da! to twent! *20+ !ears and a fine ranging from @ne hundred thousand pesos *6800%000.00+ to Aive hundred thousand pesos

*6D00%000.00+ shall be imposed upon an! person% who% unless authori$ed b! law% shall illegall! divert an! controlled precursor and essential chemical. Se1tion !(. )anufacture or Delivery of &+uip ent! $nstru ent! (pparatus! and ,ther Paraphernalia for Dangerous Drugs and%or Controlled Precursors and &ssential Che icals. # The penalt! of imprisonment ranging from twelve *82+ !ears and one *8+ da! to twent! *20+ !ears and a fine ranging from @ne hundred thousand pesos *6800%000.00+ to Aive hundred thousand pesos *6D00%000.00+ shall be imposed upon an! person who shall deliver% possess with intent to deliver% or manufacture with intent to deliver e(uipment% instrument% apparatus and other paraphernalia for dangerous drugs% knowing% or under circumstances where one reasonabl! should know% that it will be used to plant% propagate% cultivate% grow% harvest% manufacture% compound% convert% produce% process% prepare% test% anal!$e% pack% repack% store% contain or conceal an! dangerous drug and,or controlled precursor and essential chemical in violation of this Act. The penalt! of imprisonment ranging from si4 *=+ months and one *8+ da! to four *2+ !ears and a fine ranging from Ten thousand pesos *680%000.00+ to Aift! thousand pesos *6D0%000.00+ shall be imposed if it will be used to in'ect% ingest% inhale or otherwise introduce into the human bod! a dangerous drug in violation of this Act. The ma4imum penalt! provided for under this "ection shall be imposed upon an! person% who uses a minor or a mentall! incapacitated individual to deliver such e(uipment% instrument% apparatus and other paraphernalia for dangerous drugs. Se1tion !!. Possession of Dangerous Drugs. # The penalt! of life imprisonment to death and a fine ranging from Aive hundred thousand pesos *6D00%000.00+ to Ten million pesos *680%000%000.00+ shall be imposed upon an! person% who% unless authori$ed b! law% shall possess an! dangerous drug in the following (uantities% regardless of the degree of purit! thereof) *8+ 80 grams or more of opiumC *2+ 80 grams or more of morphineC *1+ 80 grams or more of heroinC *2+ 80 grams or more of cocaine or cocaine h!drochlorideC *D+ D0 grams or more of methamphetamine h!drochloride or "shabu"C *=+ 80 grams or more of mari'uana resin or mari'uana resin oilC */+ D00 grams or more of mari'uanaC and *:+ 80 grams or more of other dangerous drugs such as% but not limited to% meth!lenedio4!methamphetamine *BDA+ or "ecstas!"% parametho4!amphetamine

*6BA+% trimetho4!amphetamine *TBA+% l!sergic acid dieth!lamine *5"D+% gamma h!dro4!amphetamine *E?-+% and those similarl! designed or newl! introduced drugs and their derivatives% without having an! therapeutic value or if the (uantit! possessed is far be!ond therapeutic re(uirements% as determined and promulgated b! the -oard in accordance to "ection 91% Article 0 of this Act. @therwise% if the (uantit! involved is less than the foregoing (uantities% the penalties shall be graduated as follows) *8+ 5ife imprisonment and a fine ranging from Aour hundred thousand pesos *6200%000.00+ to Aive hundred thousand pesos *6D00%000.00+% if the (uantit! of methamphetamine h!drochloride or "shabu" is ten *80+ grams or more but less than fift! *D0+ gramsC *2+ mprisonment of twent! *20+ !ears and one *8+ da! to life imprisonment and a fine ranging from Aour hundred thousand pesos *6200%000.00+ to Aive hundred thousand pesos *6D00%000.00+% if the (uantities of dangerous drugs are five *D+ grams or more but less than ten *80+ grams of opium% morphine% heroin% cocaine or cocaine h!drochloride% mari'uana resin or mari'uana resin oil% methamphetamine h!drochloride or "shabu"% or other dangerous drugs such as% but not limited to% BDBA or "ecstas!"% 6BA% TBA% 5"D% E?-% and those similarl! designed or newl! introduced drugs and their derivatives% without having an! therapeutic value or if the (uantit! possessed is far be!ond therapeutic re(uirementsC or three hundred *100+ grams or more but less than five *hundred+ D00+ grams of mari'uanaC and *1+ mprisonment of twelve *82+ !ears and one *8+ da! to twent! *20+ !ears and a fine ranging from Three hundred thousand pesos *6100%000.00+ to Aour hundred thousand pesos *6200%000.00+% if the (uantities of dangerous drugs are less than five *D+ grams of opium% morphine% heroin% cocaine or cocaine h!drochloride% mari'uana resin or mari'uana resin oil% methamphetamine h!drochloride or "shabu"% or other dangerous drugs such as% but not limited to% BDBA or "ecstas!"% 6BA% TBA% 5"D% E?-% and those similarl! designed or newl! introduced drugs and their derivatives% without having an! therapeutic value or if the (uantit! possessed is far be!ond therapeutic re(uirementsC or less than three hundred *100+ grams of mari'uana. Se1tion !'. Possession of &+uip ent! $nstru ent! (pparatus and ,ther Paraphernalia for Dangerous Drugs. ' The penalt! of imprisonment ranging from si4 *=+ months and one *8+ da! to four *2+ !ears and a fine ranging from Ten thousand pesos *680%000.00+ to Aift! thousand pesos *6D0%000.00+ shall be imposed upon an! person% who% unless authori$ed b! law% shall possess or have under his,her control an! e(uipment% instrument% apparatus and other paraphernalia fit or intended for smoking% consuming% administering% in'ecting% ingesting% or introducing an! dangerous drug into the bod!) Provided% That in the case of medical practitioners and various professionals who are re(uired to carr! such e(uipment% instrument% apparatus and other paraphernalia in the practice of their profession% the -oard shall prescribe the necessar! implementing guidelines thereof.

The possession of such e(uipment% instrument% apparatus and other paraphernalia fit or intended for an! of the purposes enumerated in the preceding paragraph shall be pri a facie evidence that the possessor has smoked% consumed% administered to himself,herself% in'ected% ingested or used a dangerous drug and shall be presumed to have violated "ection 8D of this Act. Se1tion !3. Possession of Dangerous Drugs During Parties! Social -atherings or )eetings. An! person found possessing an! dangerous drug during a part!% or at a social gathering or meeting% or in the pro4imate compan! of at least two *2+ persons% shall suffer the ma4imum penalties provided for in "ection 88 of this Act% regardless of the (uantit! and purit! of such dangerous drugs. Se1tion !.. Possession of &+uip ent! $nstru ent! (pparatus and ,ther Paraphernalia for Dangerous Drugs During Parties! Social -atherings or )eetings. # The ma4imum penalt! provided for in "ection 82 of this Act shall be imposed upon an! person% who shall possess or have under his,her control an! e(uipment% instrument% apparatus and other paraphernalia fit or intended for smoking% consuming% administering% in'ecting% ingesting% or introducing an! dangerous drug into the bod!% during parties% social gatherings or meetings% or in the pro4imate compan! of at least two *2+ persons. Se1tion !#. .se of Dangerous Drugs. A person apprehended or arrested% who is found to be positive for use of an! dangerous drug% after a confirmator! test% shall be imposed a penalt! of a minimum of si4 *=+ months rehabilitation in a government center for the first offense% sub'ect to the provisions of Article 3 of this Act. f apprehended using an! dangerous drug for the second time% he,she shall suffer the penalt! of imprisonment ranging from si4 *=+ !ears and one *8+ da! to twelve *82+ !ears and a fine ranging from Aift! thousand pesos *6D0%000.00+ to Two hundred thousand pesos *6200%000.00+) Provided! That this "ection shall not be applicable where the person tested is also found to have in his,her possession such (uantit! of an! dangerous drug provided for under "ection 88 of this Act% in which case the provisions stated therein shall appl!. Se1tion !". Cultivation or Culture of Plants Classified as Dangerous Drugs or are Sources Thereof. ' The penalt! of life imprisonment to death and a fine ranging from Aive hundred thousand pesos *6D00%000.00+ to Ten million pesos *680%000%000.00+ shall be imposed upon an! person% who shall plant% cultivate or culture mari'uana% opium popp! or an! other plant regardless of (uantit!% which is or ma! hereafter be classified as a dangerous drug or as a source from which an! dangerous drug ma! be manufactured or derived) Provided% That in the case of medical laboratories and medical research centers which cultivate or culture mari'uana% opium popp! and other plants% or materials of such dangerous drugs for medical e4periments and research purposes% or for the creation of new t!pes of medicine% the -oard shall prescribe the necessar! implementing guidelines for the proper cultivation% culture% handling% e4perimentation and disposal of such plants and materials. The land or portions thereof and,or greenhouses on which an! of said plants is cultivated or cultured shall be confiscated and escheated in favor of the "tate% unless the owner thereof can prove lack of knowledge of such cultivation or culture despite the e4ercise of due diligence on his,her part. f the land involved is part of the public domain% the ma4imum penalt! provided for under this "ection shall be imposed upon the offender.

The ma4imum penalt! provided for under this "ection shall be imposed upon an! person% who organi$es% manages or acts as a "financier" of an! of the illegal activities prescribed in this "ection. The penalt! of twelve *82+ !ears and one *8+ da! to twent! *20+ !ears of imprisonment and a fine ranging from @ne hundred thousand pesos *6800%000.00+ to Aive hundred thousand pesos *6D00%000.00+ shall be imposed upon an! person% who acts as a "protector,coddler" of an! violator of the provisions under this "ection. Se1tion !%. )aintenance and /eeping of ,riginal Records of Transactions on Dangerous Drugs and%or Controlled Precursors and &ssential Che icals. ' The penalt! of imprisonment ranging from one *8+ !ear and one *8+ da! to si4 *=+ !ears and a fine ranging from Ten thousand pesos *680%000.00+ to Aift! thousand pesos *6D0%000.00+ shall be imposed upon an! practitioner% manufacturer% wholesaler% importer% distributor% dealer or retailer who violates or fails to compl! with the maintenance and keeping of the original records of transactions on an! dangerous drug and,or controlled precursor and essential chemical in accordance with "ection 20 of this Act. An additional penalt! shall be imposed through the revocation of the license to practice his,her profession% in case of a practitioner% or of the business% in case of a manufacturer% seller% importer% distributor% dealer or retailer. Se1tion !5. .nnecessary Prescription of Dangerous Drugs. The penalt! of imprisonment ranging from twelve *82+ !ears and one *8+ da! to twent! *20+ !ears and a fine ranging from @ne hundred thousand pesos *6800%000.00+ to Aive hundred thousand pesos *6D00%000.00+ and the additional penalt! of the revocation of his,her license to practice shall be imposed upon the practitioner% who shall prescribe an! dangerous drug to an! person whose ph!sical or ph!siological condition does not re(uire the use or in the dosage prescribed therein% as determined b! the -oard in consultation with recogni$ed competent e4perts who are authori$ed representatives of professional organi$ations of practitioners% particularl! those who are involved in the care of persons with severe pain. Se1tion ! . .nla0ful Prescription of Dangerous Drugs. The penalt! of life imprisonment to death and a fine ranging from Aive hundred thousand pesos *6D00%000.00+ to Ten million pesos *680%000%000.00+ shall be imposed upon an! person% who% unless authori$ed b! law% shall make or issue a prescription or an! other writing purporting to be a prescription for an! dangerous drug. Se1tion '(. Confiscation and 1orfeiture of the Proceeds or $nstru ents of the .nla0ful (ct! $ncluding the Properties or Proceeds Derived fro the $llegal Traffic2ing of Dangerous Drugs and%or Precursors and &ssential Che icals. 7ver! penalt! imposed for the unlawful importation% sale% trading% administration% dispensation% deliver!% distribution% transportation or manufacture of an! dangerous drug and,or controlled precursor and essential chemical% the cultivation or culture of plants which are sources of dangerous drugs% and the possession of an! e(uipment% instrument% apparatus and other paraphernalia for dangerous drugs including other laborator! e(uipment% shall carr! with it the confiscation and forfeiture% in favor of the government% of all the proceeds and properties derived from the unlawful act% including% but not

limited to% mone! and other assets obtained thereb!% and the instruments or tools with which the particular unlawful act was committed% unless the! are the propert! of a third person not liable for the unlawful act% but those which are not of lawful commerce shall be ordered destro!ed without dela! pursuant to the provisions of "ection 28 of this Act. After conviction in the .egional Trial Court in the appropriate criminal case filed% the Court shall immediatel! schedule a hearing for the confiscation and forfeiture of all the proceeds of the offense and all the assets and properties of the accused either owned or held b! him or in the name of some other persons if the same shall be found to be manifestl! out of proportion to his,her lawful income) Provided! ho0ever% That if the forfeited propert! is a vehicle% the same shall be auctioned off not later than five *D+ da!s upon order of confiscation or forfeiture. During the pendenc! of the case in the .egional Trial Court% no propert!% or income derived therefrom% which ma! 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 proceeds of an! sale or disposition of an! propert! confiscated or forfeited under this "ection shall be used to pa! all proper e4penses incurred in the proceedings for the confiscation% forfeiture% custod! and maintenance of the propert! pending disposition% as well as e4penses for publication and court costs. The proceeds in e4cess of the above e4penses shall accrue to the -oard to be used in its campaign against illegal drugs. Se1tion '!. Custody and Disposition of Confiscated! Sei"ed! and%or Surrendered Dangerous Drugs! Plant Sources of Dangerous Drugs! Controlled Precursors and &ssential Che icals! $nstru ents%Paraphernalia and%or Laboratory &+uip ent. The 6D7A shall take charge and have custod! of all dangerous drugs% plant sources of dangerous drugs% controlled precursors and essential chemicals% as well as instruments,paraphernalia and,or laborator! e(uipment so confiscated% sei$ed and,or surrendered% for proper disposition in the following manner) *8+ The apprehending team having initial custod! and control of the drugs shall% immediatel! after sei$ure and confiscation% ph!sicall! inventor! and photograph the same in the presence of the accused or the person,s from whom such items were confiscated and,or sei$ed% or his,her representative or counsel% a representative from the media and the Department of Fustice *D@F+% and an! elected public official who shall be re(uired to sign the copies of the inventor! and be given a cop! thereofC *2+ >ithin twent!#four *22+ hours upon confiscation,sei$ure of dangerous drugs% plant sources of dangerous drugs% controlled precursors and essential chemicals% as well as instruments,paraphernalia and,or laborator! e(uipment% the same shall be submitted to the 6D7A Aorensic 5aborator! for a (ualitative and (uantitative e4aminationC *1+ A certification of the forensic laborator! e4amination results% which shall be done under oath b! the forensic laborator! e4aminer% shall be issued within twent!#four *22+ hours after the receipt of the sub'ect item,s) Provided% That when the volume of the dangerous drugs% plant sources of dangerous drugs% and controlled precursors and essential chemicals does not allow the completion of testing within the time frame% a

partial laborator! e4amination report shall be provisionall! issued stating therein the (uantities of dangerous drugs still to be e4amined b! the forensic laborator!) Provided! ho0ever% That a final certification shall be issued on the completed forensic laborator! e4amination on the same within the ne4t twent!#four *22+ hoursC *2+ After the filing of the criminal case% the Court shall% within sevent!#two */2+ hours% conduct an ocular inspection of the confiscated% sei$ed and,or surrendered dangerous drugs% plant sources of dangerous drugs% and controlled precursors and essential chemicals% including the instruments,paraphernalia and,or laborator! e(uipment% and through the 6D7A shall within twent!#four *22+ hours thereafter proceed with the destruction or burning of the same% in the presence of the accused or the person,s from whom such items were confiscated and,or sei$ed% or his,her representative or counsel% a representative from the media and the D@F% civil societ! groups and an! elected public official. The -oard shall draw up the guidelines on the manner of proper disposition and destruction of such item,s which shall be borne b! the offender) Provided% That those item,s of lawful commerce% as determined b! the -oard% shall be donated% used or rec!cled for legitimate purposes) Provided! further% That a representative sample% dul! weighed and recorded is retainedC *D+ The -oard shall then issue a sworn certification as to the fact of destruction or burning of the sub'ect item,s which% together with the representative sample,s in the custod! of the 6D7A% shall be submitted to the court having 'urisdiction over the case. n all instances% the representative sample,s shall be kept to a minimum (uantit! as determined b! the -oardC *=+ The alleged offender or his,her representative or counsel shall be allowed to personall! observe all of the above proceedings and his,her presence shall not constitute an admission of guilt. n case the said offender or accused refuses or fails to appoint a representative after due notice in writing to the accused or his,her counsel within sevent!# two */2+ hours before the actual burning or destruction of the evidence in (uestion% the "ecretar! of Fustice shall appoint a member of the public attorne!&s office to represent the formerC */+ After the promulgation and 'udgment in the criminal case wherein the representative sample,s was presented as evidence in court% the trial prosecutor shall inform the -oard of the final termination of the case and% in turn% shall re(uest the court for leave to turn over the said representative sample,s to the 6D7A for proper disposition and destruction within twent!#four *22+ hours from receipt of the sameC and *:+ Transitor! 6rovision) a+ >ithin twent!#four *22+ hours from the effectivit! of this Act% dangerous drugs defined herein which are presentl! in possession of law enforcement agencies shall% with leave of court% be burned or destro!ed% in the presence of representatives of the Court% D@F% Department of ?ealth *D@?+ and the accused,and or his,her counsel% and% b+ 6ending the organi$ation of the 6D7A% the custod!% disposition% and burning or destruction of sei$ed,surrendered dangerous drugs provided under this "ection shall be implemented b! the D@?.

Se1tion ''. -rant of Co pensation! Re0ard and (0ard. The -oard shall recommend to the concerned government agenc! the grant of compensation% reward and award to an! person providing information and to law enforcers participating in the operation% which results in the successful confiscation% sei$ure or surrender of dangerous drugs% plant sources of dangerous drugs% and controlled precursors and essential chemicals. Se1tion '3. Plea'Bargaining Provision. An! person charged under an! provision of this Act regardless of the imposable penalt! shall not be allowed to avail of the provision on plea# bargaining. Se1tion '.. 3on'(pplicability of the Probation La0 for Drug Traffic2ers and Pushers. An! person convicted for drug trafficking or pushing under this Act% regardless of the penalt! imposed b! the Court% cannot avail of the privilege granted b! the 6robation 5aw or 6residential Decree <o. 9=:% as amended. Se1tion '#. 4ualifying (ggravating Circu stances in the Co ission of a Cri e by an ,ffender .nder the $nfluence of Dangerous Drugs. <otwithstanding the provisions of an! law to the contrar!% a positive finding for the use of dangerous drugs shall be a (ualif!ing aggravating circumstance in the commission of a crime b! an offender% and the application of the penalt! provided for in the .evised 6enal Code shall be applicable. Se1tion '". (tte pt or Conspiracy. An! attempt or conspirac! to commit the following unlawful acts shall be penali$ed b! the same penalt! prescribed for the commission of the same as provided under this Act) *a+ mportation of an! dangerous drug and,or controlled precursor and essential chemicalC *b+ "ale% trading% administration% dispensation% deliver!% distribution and transportation of an! dangerous drug and,or controlled precursor and essential chemicalC *c+ Baintenance of a den% dive or resort where an! dangerous drug is used in an! formC *d+ Banufacture of an! dangerous drug and,or controlled precursor and essential chemicalC and *e+ Cultivation or culture of plants which are sources of dangerous drugs. Se1tion '%. Cri inal Liability of a Public ,fficer or & ployee for )isappropriation! )isapplication or 1ailure to (ccount for the Confiscated! Sei"ed and%or Surrendered Dangerous Drugs! Plant Sources of Dangerous Drugs! Controlled Precursors and &ssential Che icals! $nstru ents%Paraphernalia and%or Laboratory &+uip ent $ncluding the Proceeds or Properties ,btained fro the .nla0ful (ct Co itted. The penalt! of life imprisonment to death and a fine ranging from Aive hundred thousand pesos *6D00%000.00+ to Ten million pesos *680%000%000.00+% in addition to absolute perpetual dis(ualification from an! public office% shall be imposed upon an! public officer or emplo!ee who misappropriates% misapplies or fails to account for confiscated% sei$ed or surrendered dangerous drugs% plant sources of dangerous

drugs% controlled precursors and essential chemicals% instruments,paraphernalia and,or laborator! e(uipment including the proceeds or properties obtained from the unlawful acts as provided for in this Act. An! elective local or national official found to have benefited from the proceeds of the trafficking of dangerous drugs as prescribed in this Act% or have received an! financial or material contributions or donations from natural or 'uridical persons found guilt! of trafficking dangerous drugs as prescribed in this Act% shall be removed from office and perpetuall! dis(ualified from holding an! elective or appointive positions in the government% its divisions% subdivisions% and intermediaries% including government#owned or controlled corporations. Se1tion '5. Cri inal Liability of -overn ent ,fficials and & ployees. The ma4imum penalties of the unlawful acts provided for in this Act shall be imposed% in addition to absolute perpetual dis(ualification from an! public office% if those found guilt! of such unlawful acts are government officials and emplo!ees. Se1tion ' . Cri inal Liability for Planting of &vidence. An! person who is found guilt! of "planting" an! dangerous drug and,or controlled precursor and essential chemical% regardless of (uantit! and purit!% shall suffer the penalt! of death. Se1tion 3(. Cri inal Liability of ,fficers of Partnerships! Corporations! (ssociations or ,ther 5uridical &ntities. n case an! violation of this Act is committed b! a partnership% corporation% association or an! 'uridical entit!% the partner% president% director% manager% trustee% estate administrator% or officer who consents to or knowingl! tolerates such violation shall be held criminall! liable as a co#principal. The penalt! provided for the offense under this Act shall be imposed upon the partner% president% director% manager% trustee% estate administrator% or officer who knowingl! authori$es% tolerates or consents to the use of a vehicle% vessel% aircraft% e(uipment or other facilit!% as an instrument in the importation% sale% trading% administration% dispensation% deliver!% distribution% transportation or manufacture of dangerous drugs% or chemical diversion% if such vehicle% vessel% aircraft% e(uipment or other instrument is owned b! or under the control or supervision of the partnership% corporation% association or 'uridical entit! to which the! are affiliated. Se1tion 3!. (dditional Penalty if ,ffender is an (lien. n addition to the penalties prescribed in the unlawful act committed% an! alien who violates such provisions of this Act shall% after service of sentence% be deported immediatel! without further proceedings% unless the penalt! is death. Se1tion 3'. Liability to a Person *iolating (ny Regulation $ssued by the Board. The penalt! of imprisonment ranging from si4 *=+ months and one *8+ da! to four *2+ !ears and a fine ranging from Ten thousand pesos *680%000.00+ to Aift! thousand pesos *6D0%000.00+ shall be imposed upon an! person found violating an! regulation dul! issued b! the -oard pursuant to this Act% in addition to the administrative sanctions imposed b! the -oard. Se1tion 33. $ unity fro Prosecution and Punish ent. <otwithstanding the provisions of "ection 8/% .ule 889 of the .evised .ules of Criminal 6rocedure and the provisions of .epublic

Act <o. =9:8 or the >itness 6rotection% "ecurit! and -enefit Act of 8998% an! person who has violated "ections /% 88% 82% 82% 8D% and 89% Article of this Act% who voluntaril! gives information about an! violation of "ections 2% D% =% :% 80% 81% and 8=% Article of this Act as well as an! violation of the offenses mentioned if committed b! a drug s!ndicate% or an! information leading to the whereabouts% identities and arrest of all or an! of the members thereofC and who willingl! testifies against such persons as described above% shall be e4empted from prosecution or punishment for the offense with reference to which his,her information of testimon! were given% and ma! plead or prove the giving of such information and testimon! in bar of such prosecution) Provided! That the following conditions concur) *8+ The information and testimon! are necessar! for the conviction of the persons described aboveC *2+ "uch information and testimon! are not !et in the possession of the "tateC *1+ "uch information and testimon! can be corroborated on its material pointsC *2+ the informant or witness has not been previousl! convicted of a crime involving moral turpitude% e4cept when there is no other direct evidence available for the "tate other than the information and testimon! of said informant or witnessC and *D+ The informant or witness shall strictl! and faithfull! compl! without dela!% an! condition or undertaking% reduced into writing% lawfull! imposed b! the "tate as further consideration for the grant of immunit! from prosecution and punishment. Provided! further% That this immunit! ma! be en'o!ed b! such informant or witness who does not appear to be most guilt! for the offense with reference to which his,her information or testimon! were given) Provided! finally% That there is no direct evidence available for the "tate e4cept for the information and testimon! of the said informant or witness. Se1tion 3.. Ter ination of the -rant of $ unity. The immunit! granted to the informant or witness% as prescribed in "ection 11 of this Act% shall not attach should it turn out subse(uentl! that the information and,or testimon! is false% malicious or made onl! for the purpose of harassing% molesting or in an! wa! pre'udicing the persons described in the preceding "ection against whom such information or testimon! is directed against. n such case% the informant or witness shall be sub'ect to prosecution and the en'o!ment of all rights and benefits previousl! accorded him under this Act or an! other law% decree or order shall be deemed terminated. n case an informant or witness under this Act fails or refuses to testif! without 'ust cause% and when lawfull! obliged to do so% or should he,she violate an! condition accompan!ing such immunit! as provided above% his,her immunit! shall be removed and he,she shall likewise be sub'ect to contempt and,or criminal prosecution% as the case ma! be% and the en'o!ment of all rights and benefits previousl! accorded him under this Act or in an! other law% decree or order shall be deemed terminated.

n case the informant or witness referred to under this Act falls under the applicabilit! of this "ection hereof% such individual cannot avail of the provisions under Article 3 of this Act. Se1tion 3#. (ccessory Penalties. A person convicted under this Act shall be dis(ualified to e4ercise his,her civil rights such as but not limited to% the rights of parental authorit! or guardianship% either as to the person or propert! of an! ward% the rights to dispose of such propert! b! an! act or an! conve!ance inter vivos% and political rights such as but not limited to% the right to vote and be voted for. "uch rights shall also be suspended during the pendenc! of an appeal from such conviction. ARTICLE III -angerous -rugs Test an4 Re1or4 Re6uire2ents Se1tion 3". (uthori"ed Drug Testing. Authori$ed drug testing shall be done b! an! government forensic laboratories or b! an! of the drug testing laboratories accredited and monitored b! the D@? to safeguard the (ualit! of test results. The D@? shall take steps in setting the price of the drug test with D@? accredited drug testing centers to further reduce the cost of such drug test. The drug testing shall emplo!% among others% two *2+ testing methods% the screening test which will determine the positive result as well as the t!pe of the drug used and the confirmator! test which will confirm a positive screening test. Drug test certificates issued b! accredited drug testing centers shall be valid for a one#!ear period from the date of issue which ma! be used for other purposes. The following shall be sub'ected to undergo drug testing) *a+ Applicants for driver&s license. <o driver&s license shall be issued or renewed to an! person unless he,she presents a certification that he,she has undergone a mandator! drug test and indicating thereon that he,she is free from the use of dangerous drugsC *b+ Applicants for firearm&s license and for permit to carr! firearms outside of residence. All applicants for firearm&s license and permit to carr! firearms outside of residence shall undergo a mandator! drug test to ensure that the! are free from the use of dangerous drugs) Provided% That all persons who b! the nature of their profession carr! firearms shall undergo drug testingC *c+ "tudents of secondar! and tertiar! schools. "tudents of secondar! and tertiar! schools shall% pursuant to the related rules and regulations as contained in the school&s student handbook and with notice to the parents% undergo a random drug testing) Provided% That all drug testing e4penses whether in public or private schools under this "ection will be borne b! the governmentC *d+ @fficers and emplo!ees of public and private offices. @fficers and emplo!ees of public and private offices% whether domestic or overseas% shall be sub'ected to undergo a random drug test as contained in the compan!&s work rules and regulations% which shall be borne b! the emplo!er% for purposes of reducing the risk in the workplace. An! officer or emplo!ee found positive for use of dangerous drugs shall be dealt with administrativel! which shall be a ground for suspension or termination% sub'ect to the

provisions of Article 2:2 of the 5abor Code and pertinent provisions of the Civil "ervice 5awC *e+ @fficers and members of the militar!% police and other law enforcement agencies. @fficers and members of the militar!% police and other law enforcement agencies shall undergo an annual mandator! drug testC *f+ All persons charged before the prosecutor&s office with a criminal offense having an imposable penalt! of imprisonment of not less than si4 *=+ !ears and one *8+ da! shall have to undergo a mandator! drug testC and *g+ All candidates for public office whether appointed or elected both in the national or local government shall undergo a mandator! drug test. n addition to the above stated penalties in this "ection% those found to be positive for dangerous drugs use shall be sub'ect to the provisions of "ection 8D of this Act. Se1tion 3%. $ssuance of 1alse or 1raudulent Drug Test Results. An! person authori$ed% licensed or accredited under this Act and its implementing rules to conduct drug e4amination or test% who issues false or fraudulent drug test results knowingl!% willfull! or through gross negligence% shall suffer the penalt! of imprisonment ranging from si4 *=+ !ears and one *8+ da! to twelve *82+ !ears and a fine ranging from @ne hundred thousand pesos *6800%000.00+ to Aive hundred thousand pesos *6D00%000.00+. An additional penalt! 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. Se1tion 35. Laboratory &6a ination or Test on (pprehended%(rrested ,ffenders. "ub'ect to "ection 8D of this Act% an! person apprehended or arrested for violating the provisions of this Act shall be sub'ected to screening laborator! e4amination or test within twent!#four *22+ hours% if the apprehending or arresting officer has reasonable ground to believe that the person apprehended or arrested% on account of ph!sical signs or s!mptoms or other visible or outward manifestation% is under the influence of dangerous drugs. f found to be positive% the results of the screening laborator! e4amination or test shall be challenged within fifteen *8D+ da!s after receipt of the result through a confirmator! test conducted in an! accredited anal!tical laborator! e(uipment with a gas chromatograph,mass spectrometr! e(uipment or some such modern and accepted method% if confirmed the same shall be pri a facie evidence that such person has used dangerous drugs% which is without pre'udice for the prosecution for other violations of the provisions of this Act) Provided% That a positive screening laborator! test must be confirmed for it to be valid in a court of law. Se1tion 3 . (ccreditation of Drug Testing Centers and Physicians. The D@? shall be tasked to license and accredit drug testing centers in each province and cit! in order to assure their capacit!% competence% integrit! and stabilit! to conduct the laborator! e4aminations and tests provided in this Article% and appoint such technical and other personnel as ma! be necessar! for the effective implementation of this provision. The D@? shall also accredit ph!sicians who shall

conduct the drug dependenc! e4amination of a drug dependent as well as the after#care and follow#up program for the said drug dependent. There shall be a control regulations% licensing and accreditation division under the supervision of the D@? for this purpose. Aor this purpose% the D@? shall establish% operate and maintain drug testing centers in government hospitals% which must be provided at least with basic technologicall! advanced e(uipment and materials% in order to conduct the laborator! e4amination and tests herein provided% and appoint such (ualified and dul! trained technical and other personnel as ma! be necessar! for the effective implementation of this provision. Se1tion .(. Records Re+uired for Transactions on Dangerous Drug and Precursors and &ssential Che icals. a+ 7ver! pharmacist dealing in dangerous drugs and,or controlled precursors and essential chemicals shall maintain and keep an original record of sales% purchases% ac(uisitions and deliveries of dangerous drugs% indicating therein the following information) *8+ 5icense number and address of the pharmacistC *2+ <ame% address and license of the manufacturer% importer or wholesaler from whom the dangerous drugs have been purchasedC *1+ Guantit! and name of the dangerous drugs purchased or ac(uiredC *2+ Date of ac(uisition or purchaseC *D+ <ame% address and communit! ta4 certificate number of the bu!erC *=+ "erial number of the prescription and the name of the ph!sician% dentist% veterinarian or practitioner issuing the sameC */+ Guantit! and name of the dangerous drugs sold or deliveredC and *:+ Date of sale or deliver!. A certified true cop! of such record covering a period of si4 *=+ months% dul! signed b! the pharmacist or the owner of the drugstore% pharmac! or chemical establishment% shall be forwarded to the -oard within fifteen *8D+ da!s following the last da! of Fune and December of each !ear% with a cop! thereof furnished the cit! or municipal health officer concerned. *b+ A ph!sician% dentist% veterinarian or practitioner authori$ed to prescribe an! dangerous drug shall issue the prescription therefor in one *8+ original and two *2+ duplicate copies. The original% after the prescription has been filled% shall be retained b! the pharmacist for a period of one *8+ !ear from the date of sale or deliver! of such drug.

@ne *8+ cop! shall be retained b! the bu!er or b! the person to whom the drug is delivered until such drug is consumed% while the second cop! shall be retained b! the person issuing the prescription. Aor purposes of this Act% all prescriptions issued b! ph!sicians% dentists% veterinarians or practitioners shall be written on forms e4clusivel! issued b! and obtainable from the D@?. "uch forms shall be made of a special kind of paper and shall be distributed in such (uantities and contain such information and other data as the D@? ma!% b! rules and regulations% re(uire. "uch forms shall onl! be issued b! the D@? through its authori$ed emplo!ees to licensed ph!sicians% dentists% veterinarians and practitioners in such (uantities as the -oard ma! authori$e. n emergenc! cases% however% as the -oard ma! specif! in the public interest% a prescription need not be accomplished on such forms. The prescribing ph!sician% dentist% veterinarian or practitioner shall% within three *1+ da!s after issuing such prescription% inform the D@? of the same in writing. <o prescription once served b! the drugstore or pharmac! be reused nor an! prescription once issued be refilled. *c+ All manufacturers% wholesalers% distributors% importers% dealers and retailers of dangerous drugs and,or controlled precursors and essential chemicals shall keep a record of all inventories% sales% purchases% ac(uisitions and deliveries of the same as well as the names% addresses and licenses of the persons from whom such items were purchased or ac(uired or to whom such items were sold or delivered% the name and (uantit! of the same and the date of the transactions. "uch records ma! be sub'ected an!time for review b! the -oard. ARTICLE I, Parti1ipation of the Fa2il7& Stu4ents& Tea1hers an4 S1hool Authorities in the Enfor1e2ent of this A1t Se1tion .!. $nvolve ent of the 1a ily. The famil! being the basic unit of the Ailipino societ! shall be primaril! responsible for the education and awareness of the members of the famil! on the ill effects of dangerous drugs and close monitoring of famil! members who ma! be susceptible to drug abuse. Se1tion .'. Student Councils and Ca pus ,rgani"ations. All elementar!% secondar! and tertiar! schools& student councils and campus organi$ations shall include in their activities a program for the prevention of and deterrence in the use of dangerous drugs% and referral for treatment and rehabilitation of students for drug dependence. Se1tion .3. School Curricula. nstruction on drug abuse prevention and control shall be integrated in the elementar!% secondar! and tertiar! curricula of all public and private schools% whether general% technical% vocational or agro#industrial as well as in non#formal% informal and indigenous learning s!stems. "uch instructions shall include)

*8+ Adverse effects of the abuse and misuse of dangerous drugs on the person% the famil!% the school and the communit!C *2+ 6reventive measures against drug abuseC *1+ ?ealth% socio#cultural% ps!chological% legal and economic dimensions and implications of the drug problemC *2+ "teps to take when intervention on behalf of a drug dependent is needed% as well as the services available for the treatment and rehabilitation of drug dependentsC and *D+ Bisconceptions about the use of dangerous drugs such as% but not limited to% the importance and safet! of dangerous drugs for medical and therapeutic use as well as the differentiation between medical patients and drug dependents in order to avoid confusion and accidental stigmati$ation in the consciousness of the students. Se1tion ... Heads! Supervisors! and Teachers of Schools. Aor the purpose of enforcing the provisions of Article of this Act% all school heads% supervisors and teachers shall be deemed persons in authorit! and% as such% are hereb! empowered to apprehend% arrest or cause the apprehension or arrest of an! person who shall violate an! of the said provisions% pursuant to "ection D% .ule 881 of the .ules of Court. The! shall be deemed persons in authorit! if the! are in the school or within its immediate vicinit!% or even be!ond such immediate vicinit! if the! are in attendance at an! school or class function in their official capacit! as school heads% supervisors% and teachers. An! teacher or school emplo!ee% who discovers or finds that an! person in the school or within its immediate vicinit! is liable for violating an! of said provisions% shall have the dut! to report the same to the school head or immediate superior who shall% in turn% report the matter to the proper authorities. Aailure to do so in either case% within a reasonable period from the time of discover! of the violation shall% after due hearing% constitute sufficient cause for disciplinar! action b! the school authorities. Se1tion .#. Publication and Distribution of )aterials on Dangerous Drugs. >ith the assistance of the -oard% the "ecretar! of the Department of 7ducation *Dep7d+% the Chairman of the Commission on ?igher 7ducation *C?7D+ and the Director#Eeneral of the Technical 7ducation and "kills Development Authorit! *T7"DA+ shall cause the development% publication and distribution of information and support educational materials on dangerous drugs to the students% the facult!% the parents% and the communit!. Se1tion .". Special Drug &ducation Center. >ith the assistance of the -oard% the Department of the nterior and 5ocal Eovernment *D 5E+% the <ational Houth Commission *<HC+% and the Department of "ocial >elfare and Development *D">D+ shall establish in each of its provincial office a special education drug center for out#of#school !outh and street children. "uch Center which shall be headed b! the 6rovincial "ocial. >elfare Development @fficer shall sponsor drug

prevention programs and activities and information campaigns with the end in view of educating the out#of#school !outh and street children regarding the pernicious effects of drug abuse. The programs initiated b! the Center shall likewise be adopted in all public and private orphanage and e4isting special centers for street children. ARTICLE , Pro2otion of a National -rug8Free /or9pla1e Progra2 /ith the Parti1ipation of Pri:ate an4 La;or Se1tors an4 the -epart2ent of La;or an4 E2plo72ent Se1tion .%. Drug'1ree 7or2place. t is deemed a polic! of the "tate to promote drug#free workplaces using a tripartite approach. >ith the assistance of the -oard% the Department of 5abor and 7mplo!ment *D@57+ shall develop% promote and implement a national drug abuse prevention program in the workplace to be adopted b! private companies with ten *80+ or more emplo!ees. "uch program shall include the mandator! drafting and adoption of compan! policies against drug use in the workplace in close consultation and coordination with the D@57% labor and emplo!er organi$ations% human resource development managers and other such private sector organi$ations. Se1tion .5. -uidelines for the 3ational Drug'1ree 7or2place Progra . The -oard and the D@57 shall formulate the necessar! guidelines for the implementation of the national drug#free workplace program. The amount necessar! for the implementation of which shall be included in the annual Eeneral Appropriations Act. ARTICLE ,I Parti1ipation of the Pri:ate an4 La;or Se1tors in the Enfor1e2ent of this A1t Se1tion . . Labor ,rgani"ations and the Private Sector. All labor unions% federations% associations% or organi$ations in cooperation with the respective private sector partners shall include in their collective bargaining or an! similar agreements% 'oint continuing programs and information campaigns for the laborers similar to the programs provided under "ection 2/ of this Act with the end in view of achieving a drug free workplace. Se1tion #(. -overn ent (ssistance. The labor sector and the respective partners ma!% in pursuit of the programs mentioned in the preceding "ection% secure the technical assistance% such as but not limited to% seminars and information dissemination campaigns of the appropriate government and law enforcement agencies. ARTICLE ,II Parti1ipation of Lo1al )o:ern2ent Units Se1tion #!. Local -overn ent .nits8 (ssistance. 5ocal government units shall appropriate a substantial portion of their respective annual budgets to assist in or enhance the enforcement of

this Act giving priorit! to preventive or educational programs and the rehabilitation or treatment of drug dependents. Se1tion #'. (bate ent of Drug Related Public 3uisances. An! place or premises which have been used on two or more occasions as the site of the unlawful sale or deliver! of dangerous drugs ma! be declared to be a public nuisance% and such nuisance ma! be abated% pursuant to the following procedures) *8+ An! cit! or municipalit! ma!% b! ordinance% create an administrative board to hear complaints regarding the nuisancesC *2+ an! emplo!ee% officer% or resident of the cit! or municipalit! ma! bring a complaint before the -oard after giving not less than three *1+ da!s written notice of such complaint to the owner of the place or premises at his,her last known addressC and *1+ After hearing in which the -oard ma! consider an! evidence% including evidence of the general reputation of the place or premises% and at which the owner of the premises shall have an opportunit! to present evidence in his,her defense% the -oard ma! declare the place or premises to be a public nuisance. Se1tion #3. &ffect of Board Declaration. f the -oard declares a place or premises to be a public nuisance% it ma! declare an order immediatel! prohibiting the conduct% operation% or maintenance of an! business or activit! on the premises which is conducive to such nuisance. An order entered under this "ection shall e4pire after one *8+ !ear or at such earlier time as stated in the order. The -oard ma! bring a complaint seeking a permanent in'unction against an! nuisance described under this "ection. This Article does not restrict the right of an! person to proceed under the Civil Code against an! public nuisance. ARTICLE ,III Progra2 for Treat2ent an4 Reha;ilitation of -rug -epen4ents Se1tion #.. *oluntary Sub ission of a Drug Dependent to Confine ent! Treat ent and Rehabilitation. A drug dependent or an! person who violates "ection 8D of this Act ma!% b! himself,herself or through his,her parent% spouse% guardian or relative within the fourth degree of consanguinit! or affinit!% appl! to the -oard or its dul! recogni$ed representative% for treatment and rehabilitation of the drug dependenc!. ;pon such application% the -oard shall bring forth the matter to the Court which shall order that the applicant be e4amined for drug dependenc!. f the e4amination b! a D@?#accredited ph!sician results in the issuance of a certification that the applicant is a drug dependent% he,she shall be ordered b! the Court to undergo treatment and rehabilitation in a Center designated b! the -oard for a period of not less than si4 *=+ months) Provided% That a drug dependent ma! be placed under the care of a D@?#accredited ph!sician where there is no Center near or accessible to the residence of the drug dependent or where said

drug dependent is below eighteen *8:+ !ears of age and is a first#time offender and non# confinement in a Center will not pose a serious danger to his,her famil! or the communit!. Confinement in a Center for treatment and rehabilitation shall not e4ceed one *8+ !ear% after which time the Court% as well as the -oard% shall be apprised b! the head of the treatment and rehabilitation center of the status of said drug dependent and determine whether further confinement will be for the welfare of the drug dependent and his,her famil! or the communit!. Se1tion ##. &6e ption fro the Cri inal Liability .nder the *oluntary Sub ission Progra . A drug dependent under the voluntar! submission program% who is finall! discharged from confinement% shall be e4empt from the criminal liabilit! under "ection 8D of this act sub'ect to the following conditions) *8+ ?e,she has complied with the rules and regulations of the center% the applicable rules and regulations of the -oard% including the after#care and follow#up program for at least eighteen *8:+ months following temporar! discharge from confinement in the Center or% in the case of a dependent placed under the care of the D@?#accredited ph!sician% the after#care program and follow#up schedule formulated b! the D">D and approved b! the -oard) Provided% That capabilit!#building of local government social workers shall be undertaken b! the D">DC *2+ ?e,she has never been charged or convicted of an! offense punishable under this Act% the Dangerous Drugs Act of 89/2 or .epublic Act <o. =22D% as amendedC the .evised 6enal Code% as amendedC or an! special penal lawsC *1+ ?e,she has no record of escape from a Center) Provided% That had he,she escaped% he,she surrendered b! himself,herself or through his,her parent% spouse% guardian or relative within the fourth degree of consanguinit! or affinit!% within one *8+ week from the date of the said escapeC and *2+ ?e,she poses no serious danger to himself,herself% his,her famil! or the communit! b! his,her e4emption from criminal liabilit!. Se1tion #". Te porary Release 1ro the Center9 (fter'Care and 1ollo0'.p Treat ent .nder the *oluntary Sub ission Progra . ;pon certification of the Center that the drug dependent within the voluntar! submission program ma! be temporaril! released% the Court shall order his,her release on condition that said drug dependent shall report to the D@? for after#care and follow#up treatment% including urine testing% for a period not e4ceeding eighteen *8:+ months under such terms and conditions that the Court ma! impose. f during the period of after#care and follow#up% the drug dependent is certified to be rehabilitated% he,she ma! be discharged b! the Court% sub'ect to the provisions of "ection DD of this Act% without pre'udice to the outcome of an! pending case filed in court. ?owever% should the D@? find that during the initial after#care and follow#up program of eighteen *8:+ months% the drug dependent re(uires further treatment and rehabilitation in the

Center% he,she shall be recommitted to the Center for confinement. Thereafter% he,she ma! again be certified for temporar! release and ordered released for another after#care and follow#up program pursuant to this "ection. Se1tion #%. Probation and Co unity Service .nder the *oluntary Sub ission Progra . A drug dependent who is discharged as rehabilitated b! the D@?#accredited Center through the voluntar! submission program% but does not (ualif! for e4emption from criminal liabilit! under "ection DD of this Act% ma! be charged under the provisions of this Act% but shall be placed on probation and undergo a communit! service in lieu of imprisonment and,or fine in the discretion of the court% without pre'udice to the outcome of an! pending case filed in court. "uch drug dependent shall undergo communit! service as part of his,her after#care and follow#up program% which ma! be done in coordination with nongovernmental civil organi$ations accredited b! the D">D% with the recommendation of the -oard. Se1tion #5. 1iling of Charges (gainst a Drug Dependent 7ho is 3ot Rehabilitated .nder the *oluntary Sub ission Progra . A drug dependent% who is not rehabilitated after the second commitment to the Center under the voluntar! submission program% shall% upon recommendation of the -oard% be charged for violation of "ection 8D of this Act and prosecuted like an! other offender. f convicted% he,she shall be credited for the period of confinement and rehabilitation in the Center in the service of his,her sentence. Se1tion # . &scape and Reco it ent for Confine ent and Rehabilitation .nder the *oluntary Sub ission Progra . "hould a drug dependent under the voluntar! submission program escape from the Center% he,she ma! submit himself,herself for recommitment within one *8+ week therefrom% or his,her parent% spouse% guardian or relative within the fourth degree of consanguinit! or affinit! ma!% within said period% surrender him for recommitment% in which case the corresponding order shall be issued b! the -oard. "hould the escapee fail to submit himself,herself or be surrendered after one *8+ week% the -oard shall appl! to the court for a recommitment order upon proof of previous commitment or his,her voluntar! submission b! the -oard% the court ma! issue an order for recommitment within one *8+ week. f% subse(uent to a recommitment% the dependent once again escapes from confinement% he,she shall be charged for violation of "ection 8D of this Act and he sub'ected under section =8 of this Act% either upon order of the -oard or upon order of the court% as the case ma! be. Se1tion "(. Confidentiality of Records .nder the *oluntary Sub ission Progra . Fudicial and medical records of drug dependents under the voluntar! submission program shall be confidential and shall not be used against him for an! purpose% e4cept to determine how man! times% b! himself,herself or through his,her parent% spouse% guardian or relative within the fourth degree of consanguinit! or affinit!% he,she voluntaril! submitted himself,herself for confinement% treatment and rehabilitation or has been committed to a Center under this program.

Se1tion "!. Co pulsory Confine ent of a Drug Dependent 7ho Refuses to (pply .nder the *oluntary Sub ission Progra . <otwithstanding an! law% rule and regulation to the contrar!% an! person determined and found to be dependent on dangerous drugs shall% upon petition b! the -oard or an! of its authori$ed representative% be confined for treatment and rehabilitation in an! Center dul! designated or accredited for the purpose. A petition for the confinement of a person alleged to be dependent on dangerous drugs to a Center ma! be filed b! an! person authori$ed b! the -oard with the .egional Trial Court of the province or cit! where such person is found. After the petition is filed% the court% b! an order% shall immediatel! fi4 a date for the hearing% and a cop! of such order shall be served on the person alleged to be dependent on dangerous drugs% and to the one having charge of him. f after such hearing and the facts so warrant% the court shall order the drug dependent to be e4amined b! two *2+ ph!sicians accredited b! the -oard. f both ph!sicians conclude that the respondent is not a drug dependent% the court shall order his,her discharge. f either ph!sician finds him to be a dependent% the court shall conduct a hearing and consider all relevant evidence which ma! be offered. f the court finds him a drug dependent% it shall issue an order for his,her commitment to a treatment and rehabilitation center under the supervision of the D@?. n an! event% the order of discharge or order of confinement or commitment shall be issued not later than fifteen *8D+ da!s from the filing of the appropriate petition. Se1tion "'. Co pulsory Sub ission of a Drug Dependent Charged 0ith an ,ffense to Treat ent and Rehabilitation. f a person charged with an offense where the imposable penalt! is imprisonment of less than si4 *=+ !ears and one *8+ da!% and is found b! the prosecutor or b! the court% at an! stage of the proceedings% to be a drug dependent% the prosecutor or the court as the case ma! be% shall suspend all further proceedings and transmit copies of the record of the case to the -oard. n the event he -oard determines% after medical e4amination% that public interest re(uires that such drug dependent 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 cit! where he,she is being investigated or tried) Provided% That where a criminal case is pending in court% such petition shall be filed in the said court. The court shall take 'udicial notice of the prior proceedings in the case and shall proceed to hear the petition. f the court finds him to be a drug dependent% it shall order his,her commitment to a Center for treatment and rehabilitation. The head of said Center shall submit to the court ever! four *2+ months% or as often as the court ma! re(uire% a written report on the progress of the treatment. f the dependent is rehabilitated% as certified b! the center and the -oard% he,she shall be returned to the court% which committed him% for his,her discharge therefrom. Thereafter% his,her prosecution for an! offense punishable b! law shall be instituted or shall continue% as the case ma! be. n case of conviction% the 'udgment shall% if the accused is certified b! 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! ho0ever%

That when the offense is for violation of "ection 8D of this Act and the accused is not a recidivist% the penalt! thereof shall be deemed to have been served in the Center upon his,her release therefrom after certification b! the Center and the -oard that he,she is rehabilitated. Se1tion "3. Prescription of the ,ffense Charged (gainst a Drug Dependent .nder the Co pulsory Sub ission Progra . The period of prescription of the offense charged against a drug dependent under the compulsor! submission program shall not run during the time that the drug dependent is under confinement in a Center or otherwise under the treatment and rehabilitation program approved b! the -oard. ;pon certification of the Center that he,she ma! temporaril! be discharged from the said Center% the court shall order his,her release on condition that he,she shall report to the -oard through the D@? for after#care and follow#up treatment for a period not e4ceeding eighteen *8:+ months under such terms and conditions as ma! be imposed b! the -oard. f at an!time during the after#care and follow#up period% the -oard 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 case for which he,she is originall! charged. "hould the -oard through the D@? find at an!time during the after#care and follow#up period that he,she re(uires further treatment and rehabilitation% it shall report to the court% which shall order his,her recommitment to the Center. "hould the drug dependent% having been committed to a Center upon petition b! the -oard escape therefrom% he,she ma! resubmit himself,herself for confinement within one *8+ week from the date of his,her escapeC or his,her parent% spouse% guardian or relative within the fourth degree of consanguinit! or affinit! ma!% within the same period% surrender him for recommitment. f% however% the drug dependent does not resubmit himself,herself for confinement or he,she is not surrendered for recommitment% the -oard ma! appl! with the court for the issuance of the recommitment order. ;pon proof of previous commitment% the court shall issue an order for recommitment. f% subse(uent to such recommitment% he,she should escape again% he,she shall no longer be e4empt from criminal liabilit! for use of an! dangerous drug. A drug dependent committed under this particular "ection who is finall! discharged from confinement shall be e4empt from criminal liabilit! under "ection 8D of this Act% without pre'udice to the outcome of an! pending case filed in court. @n the other hand% a drug dependent who is not rehabilitated after a second commitment to the Center shall% upon conviction b! the appropriate court% suffer the same penalties provided for under "ection 8D of this Act again without pre'udice to the outcome of an! pending case filed in court. Se1tion ".. Confidentiality of Records .nder the Co pulsory Sub ission Progra . The records of a drug dependent who was rehabilitated and discharged from the Center under the compulsor! submission program% or who was charged for violation of "ection 8D of this Act% shall be covered b! "ection =0 of this Act. ?owever% the records of a drug dependent who was not rehabilitated% or who escaped but did not surrender himself,herself within the prescribed period% shall be forwarded to the court and their use shall be determined b! the court% taking into consideration public interest and the welfare of the drug dependent.

Se1tion "#. Duty of the Prosecutor in the Proceedings. t shall be the dut! of the provincial or the cit! prosecutor or their assistants or state prosecutors to prepare the appropriate petition in all proceedings arising from this Act. Se1tion "". Suspension of Sentence of a 1irst'Ti e )inor ,ffender. An accused who is over fifteen *8D+ !ears of age at the time of the commission of the offense mentioned in "ection 88 of this Act% but not more than eighteen *8:+ !ears of age at the time when 'udgment should have been promulgated after having been found guilt! of said offense% ma! be given the benefits of a suspended sentence% sub'ect to the following conditions) *a+ ?e,she has not been previousl! convicted of violating an! provision of this Act% or of the Dangerous Drugs Act of 89/2% as amendedC or of the .evised 6enal CodeC or of an! special penal lawsC *b+ ?e,she has not been previousl! committed to a Center or to the care of a D@?# accredited ph!sicianC and *c+ The -oard favorabl! recommends that his,her sentence be suspended. >hile under suspended sentence% he,she shall be under the supervision and rehabilitative surveillance of the -oard% under such conditions that the court ma! impose for a period ranging from si4 *=+ months to eighteen *8:+ months. ;pon recommendation of the -oard% the court ma! commit the accused under suspended sentence to a Center% or to the care of a D@?#accredited ph!sician for at least si4 *=+ months% with after#care and follow#up program for not more than eighteen *8:+ months. n the case of minors under fifteen *8D+ !ears of age at the time of the commission of an! offense penali$ed under this Act% Article 892 of 6residential Decree <o. =01% otherwise known as the Child and Houth >elfare Code% as amended b! 6residential Decree <o. 88/9 shall appl!% without pre'udice to the application of the provisions of this "ection. Se1tion "%. Discharge (fter Co pliance 0ith Conditions of Suspended Sentence of a 1irst'Ti e )inor ,ffender. f the accused first time minor offender under suspended sentence complies with the applicable rules and regulations of the -oard% including confinement in a Center% the court% upon a favorable recommendation of the -oard for the final discharge of the accused% shall discharge the accused and dismiss all proceedings. ;pon the dismissal of the proceedings against the accused% the court shall enter an order to e4punge all official records% other than the confidential record to be retained b! the D@F relating to the case. "uch an order% which shall be kept confidential% shall restore the accused to his,her status prior to the case. ?e,she shall not be held thereafter to be guilt! of per'ur! or of concealment or misrepresentation b! reason of his,her failure to acknowledge the case or recite an! fact related thereto in response to an! in(uir! made of him for an! purpose.

Se1tion "5. Privilege of Suspended Sentence to be (vailed of ,nly ,nce by a 1irst'Ti e )inor ,ffender. The privilege of suspended sentence shall be availed of onl! once b! an accused drug dependent who is a first#time offender over fifteen *8D+ !ears of age at the time of the commission of the violation of "ection 8D of this Act but not more than eighteen *8:+ !ears of age at the time when 'udgment should have been promulgated. Se1tion " . Pro ulgation of Sentence for 1irst'Ti e )inor ,ffender. f the accused first#time minor offender violates an! of the conditions of his,her suspended sentence% the applicable rules and regulations of the -oard e4ercising supervision and rehabilitative surveillance over him% including the rules and regulations of the Center should confinement be re(uired% the court shall pronounce 'udgment of conviction and he,she shall serve sentence as an! other convicted person. Se1tion %(. Probation or Co unity Service for a 1irst'Ti e )inor ,ffender in Lieu of $ prison ent. ;pon promulgation of the sentence% the court ma!% in its discretion% place the accused under probation% even if the sentence provided under this Act is higher than that provided under e4isting law on probation% or impose communit! service in lieu of imprisonment. n case of probation% the supervision and rehabilitative surveillance shall be undertaken b! the -oard through the D@? in coordination with the -oard of 6ardons and 6arole and the 6robation Administration. ;pon compliance with the conditions of the probation% the -oard shall submit a written report to the court recommending termination of probation and a final discharge of the probationer% whereupon the court shall issue such an order. The communit! service shall be complied with under conditions% time and place as ma! be determined b! the court in its discretion and upon the recommendation of the -oard and shall appl! onl! to violators of "ection 8D of this Act. The completion of the communit! service shall be under the supervision and rehabilitative surveillance of the -oard during the period re(uired b! the court. Thereafter% the -oard shall render a report on the manner of compliance of said communit! service. The court in its discretion ma! re(uire e4tension of the communit! service or order a final discharge. n both cases% the 'udicial records shall be covered b! the provisions of "ections =0 and =2 of this Act. f the sentence promulgated b! the court re(uires imprisonment% the period spent in the Center b! the accused during the suspended sentence period shall be deducted from the sentence to be served. Se1tion %!. Records to be 2ept by the Depart ent of 5ustice. The D@F shall keep a confidential record of the proceedings on suspension of sentence and shall not be used for an! purpose other than to determine whether or not a person accused under this Act is a first#time minor offender. Se1tion %'. Liability of a Person 7ho *iolates the Confidentiality of Records. The penalt! of imprisonment ranging from si4 *=+ months and one *8+ da! to si4 *=+ !ears and a fine ranging from @ne thousand pesos *68%000.00+ to "i4 thousand pesos *6=%000.00+% shall be imposed upon an! person who% having official custod! of or access to the confidential records of an! drug dependent under voluntar! submission programs% or an!one who% having gained possession of

said records% whether lawfull! or not% reveals their content to an! person other than those charged with the prosecution of the offenses under this Act and its implementation. The ma4imum penalt! shall be imposed% in addition to absolute perpetual dis(ualification from an! public office% when the offender is a government official or emplo!ee. "hould the records be used for unlawful purposes% such as blackmail of the drug dependent or the members of his,her famil!% the penalt! imposed for the crime of violation of confidentialit! shall be in addition to whatever crime he,she ma! be convicted of. Se1tion %3. Liability of a Parent! Spouse or -uardian 7ho Refuses to Cooperate 0ith the Board or any Concerned (gency. An! parent% spouse or guardian who% without valid reason% refuses to cooperate with the -oard or an! concerned agenc! in the treatment and rehabilitation of a drug dependent who is a minor% or in an! manner% prevents or dela!s the after#care% follow#up or other programs for the welfare of the accused drug dependent% whether under voluntar! submission program or compulsor! submission program% ma! be cited for contempt b! the court. Se1tion %.. Cost'Sharing in the Treat ent and Rehabilitation of a Drug Dependent. The parent% spouse% guardian or an! relative within the fourth degree of consanguinit! of an! person who is confined under the voluntar! submission program or compulsor! submission program shall be charged a certain percentage of the cost of his,her treatment and rehabilitation% the guidelines of which shall be formulated b! the D">D taking into consideration the economic status of the famil! of the person confined. The guidelines therein formulated shall be implemented b! a social worker of the local government unit. Se1tion %#. Treat ent and Rehabilitation Centers. The e4isting treatment and rehabilitation centers for drug dependents operated and maintained b! the <- and the 6<6 shall be operated% maintained and managed b! the D@? in coordination with other concerned agencies. Aor the purpose of enlarging the network of centers% the -oard through the D@? shall encourage% promote or whenever feasible% assist or support in the establishment% operations and maintenance of private centers which shall be eligible to receive grants% donations or subsid! from either government or private sources. t shall also support the establishment of government#operated regional treatment and rehabilitation centers depending upon the availabilit! of funds. The national government% through its appropriate agencies shall give priorit! funding for the increase of subsid! to e4isting government drug rehabilitation centers% and shall establish at least one *8+ drug rehabilitation center in each province% depending on the availabilit! of funds. Se1tion %". The Duties and Responsibilities of the Depart ent of health :D,H; .nder this (ct. The D@? shall) *8+ @versee the monitor the integration% coordination and supervision of all drug rehabilitation% intervention% after#care and follow#up programs% pro'ects and activities as well as the establishment% operations% maintenance and management of privatel!#owned drug treatment rehabilitation centers and drug testing networks and laboratories throughout the countr! in coordination with the D">D and other agenciesC *2+ 5icense% accredit% establish and maintain drug test network and laborator!% initiate% conduct and support scientific research on drugs and drug controlC

*1+ 7ncourage% assist and accredit private centers% promulgate rules and regulations setting minimum standards for their accreditation to assure their competence% integrit! and stabilit!C *2+ 6rescribe and promulgate rules and regulations governing the establishment of such Centers as it ma! deem necessar! after conducting a feasibilit! stud! thereofC *D+ The D@? shall% without pre'udice to the criminal prosecution of those found guilt! of violating this Act% order the closure of a Center for treatment and rehabilitation of drug dependenc! when% after investigation it is found guilt! of violating the provisions of this Act or regulations issued b! the -oardC and *=+ Charge reasonable fees for drug dependenc! e4aminations% other medical and legal services provided to the public% which shall accrue to the -oard. All income derived from these sources shall be part of the funds constituted as special funds for the implementation of this Act under "ection :/. ARTICLE I< -angerous -rugs Boar4 an4 Philippine -rug Enfor1e2ent Agen17 Se1tion %%. The Dangerous Drugs Board. The -oard shall be the polic!#making and strateg!# formulating bod! in the planning and formulation of policies and programs on drug prevention and control. t shall develop and adopt a comprehensive% integrated% unified and balanced national drug abuse prevention and control strateg!. t shall be under the @ffice of the 6resident. Se1tion %5. Co position of the Board. The -oard shall be composed of seventeen *8/+ members wherein three *1+ of which are permanent members% the other twelve *82+ members shall be in an e6 officio capacit! and the two *2+ shall be regular members. The three *1+ permanent members% who shall possess at least seven#!ear training and e4perience in the field of dangerous drugs and in an! of the following fields) in law% medicine% criminolog!% ps!cholog! or social work% shall be appointed b! the 6resident of the 6hilippines. The 6resident shall designate a Chairman% who shall have the rank of a secretar! from among the three *1+ permanent members who shall serve for si4 *=+ !ears. @f the two *2+ other members% who shall both have the rank of undersecretar!% one *8+ shall serve for four *2+ !ears and the other for two *2+ !ears. Thereafter% the persons appointed to succeed such members shall hold office for a term of si4 *=+ !ears and until their successors shall have been dul! appointed and (ualified. The other twelve *82+ members who shall be e6 officio members of the -oard are the following) *8+ "ecretar! of the Department of Fustice or his,her representativeC *2+ "ecretar! of the Department of ?ealth or his,her representativeC *1+ "ecretar! of the Department of <ational Defense or his,her representativeC

*2+ "ecretar! of the Department of Ainance or his,her representativeC *D+ "ecretar! of the Department of 5abor and 7mplo!ment or his,her representativeC *=+ "ecretar! of the Department of the nterior and 5ocal Eovernment or his,her representativeC */+ "ecretar! of the Department of "ocial >elfare and Development or his,her representativeC *:+ "ecretar! of the Department of Aoreign Affairs or his,her representativeC *9+ "ecretar! of the Department of 7ducation or his,her representativeC *80+ Chairman of the Commission on ?igher 7ducation or his,her representativeC *88+ Chairman of the <ational Houth CommissionC *82+ Director Eeneral of the 6hilippine Drug 7nforcement Agenc!. Cabinet secretaries who are members of the -oard ma! designate their dul! authori$ed and permanent representatives whose ranks shall in no case be lower than undersecretar!. The two *2+ regular members shall be as follows) *a+ The president of the ntegrated -ar of the 6hilippinesC and *b+ The chairman or president of a non#government organi$ation involved in dangerous drug campaign to be appointed b! the 6resident of the 6hilippines. The Director of the <- and the Chief of the 6<6 shall be the permanent consultants of the -oard% and shall attend all the meetings of the -oard. All members of the -oard as well as its permanent consultants shall receive a per diem for ever! meeting actuall! attended sub'ect to the pertinent budgetar! laws% rules and regulations on compensation% honoraria and allowances) Provided! That where the representative of an e6 officio member or of the permanent consultant of the -oard attends a meeting in behalf of the latter% such representative shall be entitled to receive the per diem. Se1tion % . )eetings of the Board. The -oard shall meet once a week or as often as necessar! at the discretion of the Chairman or at the call of an! four *2+ other members. The presence of nine *9+ members shall constitute a (uorum. Se1tion 5(. Secretariat of the Board. The -oard shall recommend to the 6resident of the 6hilippines the appointment of an 74ecutive Director% with the rank of an undersecretar!% who shall be the "ecretar! of the -oard and administrative officer of its secretariat% and shall perform

such other duties that ma! be assigned to him,her. ?e,she must possess ade(uate knowledge% training and e4perience in the field of dangerous drugs% and in an! of the following fields) law enforcement% law% medicine% criminolog!% ps!cholog! or social work. Two deputies e4ecutive director% for administration and operations% with the ranks of assistant secretar!% shall be appointed b! the 6resident upon recommendation of the -oard. The! shall possess the same (ualifications as those of the e4ecutive director. The! shall receive a salar! corresponding to their position as prescribed b! the "alar! "tandardi$ation 5aw as a Career "ervice @fficer. The e4isting secretariat of the -oard shall be under the administrative control and supervision of the 74ecutive Director. t shall be composed of the following divisions% namel!) 6olic! "tudies% .esearch and "tatisticsC 6reventive 7ducation% Training and nformationC 5egal AffairsC and the Administrative and Ainancial Banagement. Se1tion 5!. Po0ers and Duties of the Board. The -oard shall) *a+ Aormulate% develop and establish a comprehensive% integrated% unified and balanced national drug use prevention and control strateg!C *b+ 6romulgate such rules and regulations as ma! be necessar! to carr! out the purposes of this Act% including the manner of safekeeping% disposition% burning or condemnation of an! dangerous drug and,or controlled precursor and essential chemical under its charge and custod!% and prescribe administrative remedies or sanctions for the violations of such rules and regulationsC *c+ Conduct polic! studies% program monitoring and evaluations and other researches on drug prevention% control and enforcementC *d+ nitiate% conduct and support scientific% clinical% social% ps!chological% ph!sical and biological researches on dangerous drugs and dangerous drugs prevention and control measuresC *e+ Develop an educational program and information drive on the ha$ards and prevention of illegal use of an! dangerous drug and,or controlled precursor and essential chemical based on factual data% and disseminate the same to the general public% for which purpose the -oard shall endeavor to make the general public aware of the ha$ards of an! dangerous drugs and,or controlled precursor and essential chemical b! providing among others% literature% films% displa!s or advertisements and b! coordinating with all institutions of learning as well as with all national and local enforcement agencies in planning and conducting its educational campaign programs to be implemented b! the appropriate government agenciesC *f+ Conduct continuing seminars for% and consultations with% and provide information materials to 'udges and prosecutors in coordination with the @ffice of the Court Administrator% in the case of 'udges% and the D@F% in the case of prosecutors% which aim

to provide them with the current developments and programs of the -oard pertinent to its campaign against dangerous drugs and its scientific researches on dangerous drugs% its prevention and control measuresC *g+ Design special trainings in order to provide law enforcement officers% members of the 'udiciar!% and prosecutors% school authorities and personnel of centers with knowledge and know#how in dangerous drugs and,or controlled precursors and essential chemicals control in coordination with the "upreme Court to meet the ob'ectives of the national drug control programsC *h+ Design and develop% in consultation and coordination with the D@?% D">D and other agencies 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 communit! service program for recovering drug dependentsC *i+ Design and develop% 'ointl! with the D@57 and in consultation with labor and emplo!er groups as well as nongovernment organi$ations a drug abuse prevention program in the workplace that would include a provision for emplo!ee assistance programs for emotionall!#stressed emplo!eesC *'+ nitiate and authori$e closure proceedings against non#accredited and,or substandard rehabilitation centers based on verified reports of human rights violations% subhuman conditions% inade(uate medical training and assistance and e4cessive fees for implementation b! the 6D7AC *k+ 6rescribe and promulgate rules and regulations governing the establishment of such centers% networks and laboratories as deemed necessar! after conducting a feasibilit! stud! in coordination with the D@? and other government agenciesC *l+ .eceive% gather% collect and evaluate all information on the importation% e4portation% production% manufacture% sale% stocks% sei$ures of and the estimated need for an! dangerous drug and,or controlled precursor and essential chemical% for which purpose the -oard ma! re(uire from an! official% instrumentalit! or agenc! of the government or an! private person or enterprise dealing in% or engaged in activities having to do with an! dangerous drug and,or controlled precursors and essential chemicals such data or information as it ma! need to implement this ActC *m+ Eather and prepare detailed statistics on the importation% e4portation% manufacture% stocks% sei$ures of and estimates need for an! dangerous drug and,or controlled precursors and essential chemicals and such other statistical data on said drugs as ma! be periodicall! re(uired b! the ;nited <ations <arcotics Drug Commission% the >orld ?ealth @rgani$ation and other international organi$ations in consonance with the countr!&s international commitmentsC *n+ Develop and maintain international networking coordination with international drug control agencies and organi$ations% and implement the provisions of international

conventions and agreements thereon which have been adopted and approved b! the Congress of the 6hilippinesC *o+ .e(uire all government and private hospitals% clinics% doctors% dentists and other practitioners to submit a report to it% in coordination with the 6D7A% about all dangerous drugs and,or controlled precursors and essential chemicals#related cases to which the! have attended for statistics and research purposesC *p+ .eceive in trust legacies% gifts and donations of real and personal properties of all kinds% to administer and dispose the same when necessar! for the benefit of government and private rehabilitation centers sub'ect to limitations% directions and instructions from the donors% if an!C *(+ ssue guidelines as to the approval or disapproval of applications for voluntar! treatment% rehabilitation or confinement% wherein it shall issue the necessar! guidelines% rules and regulations pertaining to the application and its enforcementC *r+ Aormulate guidelines% in coordination with other government agencies% the importation% distribution% production% manufacture% compounding% prescription% dispensing and sale of% and other lawful acts in connection with an! dangerous drug% controlled precursors and essential chemicals and other similar or analogous substances of such kind and in such (uantit! as it ma! deem necessar! according to the medical and research needs or re(uirements of the countr! including diet pills containing ephedrine and other addictive chemicals and determine the (uantit! and,or (ualit! of dangerous drugs and controlled precursors and essential chemicals to be imported% manufactured and held in stock at an! given time b! authori$ed importer% manufacturer or distributor of such drugsC *s+ Develop the utili$ation of a controlled deliver! scheme in addressing the transshipment of dangerous drugs into and out of the countr! to neutrali$e transnational crime s!ndicates involved in illegal trafficking of an! dangerous drugs and,or controlled precursors and essential chemicalsC *t+ .ecommend the revocation of the professional license of an! practitioner who is an owner% co#owner% lessee% or in the emplo! of the drug establishment% or manager of a partnership% corporation% association% or an! 'uridical entit! owning and,or controlling such drug establishment% and who knowingl! participates in% or consents to% tolerates% or abets the commission of the act of violations as indicated in the preceding paragraph% all without pre'udice to the criminal prosecution of the person responsible for the said violationC *u+ Appoint such technical% administrative and other personnel as ma! be necessar! for the effective implementation of this Act% sub'ect to the Civil "ervice 5aw and its rules and regulationsC

*v+ 7stablish a regular and continuing consultation with concerned government agencies and medical professional organi$ations to determine if balance e4ists in policies% procedures% rules and regulations on dangerous drugs and to provide recommendations on how the lawful use of dangerous drugs can be improved and facilitatedC and *w+ "ubmit an annual and periodic reports to the 6resident% the Congress of the 6hilippines and the "enate and ?ouse of .epresentatives committees concerned as ma! be re(uired from time to time% and perform such other functions as ma! be authori$ed or re(uired under e4isting laws and as directed b! the 6resident himself,herself or as recommended b! the congressional committees concerned. Se1tion 5'. Creation of the Philippine Drug &nforce ent (gency :PD&(;. To carr! out the provisions of this Act% the 6D7A% which serves as the implementing arm of the -oard% and shall be responsible for the efficient and effective law enforcement of all the provisions on an! dangerous drug and,or controlled precursor and essential chemical as provided in this Act. The 6D7A shall be headed b! a Director Eeneral with the rank of ;ndersecretar!% who shall be responsible for the general administration and management of the Agenc!. The Director Eeneral of the 6D7A shall be appointed b! the 6resident of the 6hilippines and shall perform such other duties that ma! be assigned to him,her. ?e,she must possess ade(uate knowledge% training and e4perience in the field of dangerous drugs% and in an! of the following fields) law enforcement% law% medicine% criminolog!% ps!cholog! or social work. The Director Eeneral of the 6D7A shall be assisted in the performance of his,her duties and responsibilities b! two *2+ deputies director general with the rank of Assistant "ecretar!C one for @perations and the other one for Administration. The two *2+ deputies director general shall likewise be appointed b! the 6resident of the 6hilippines upon recommendation of the -oard. The two *2+ deputies director general shall possess the same (ualifications as those of the Director Eeneral of the 6D7A. The Director Eeneral and the two *2+ deputies director general shall receive the compensation and salaries as prescribed b! law. Se1tion 53. ,rgani"ation of the PD&(. The present "ecretariat of the <ational Drug 5aw 7nforcement and 6revention Coordinating Center as created b! 74ecutive @rder <o. =8 shall be accordingl! modified and absorbed b! the 6D7A. The Director Eeneral of the 6D7A shall be responsible for the necessar! changes in the organi$ational set#up which shall be submitted to the -oard for approval. Aor purposes of carr!ing out its duties and powers as provided for in the succeeding "ection of this Act% the 6D7A shall have the following "ervices% namel!) ntelligence and nvestigationC nternational Cooperation and Aoreign AffairsC 6reventive 7ducation and Communit! nvolvementC 6lans and @perationsC ComplianceC 5egal and 6rosecutionC Administrative and ?uman .esourceC Ainancial BanagementC 5ogistics BanagementC and nternal Affairs.

The 6D7A shall establish and maintain regional offices in the different regions of the countr! which shall be responsible for the implementation of this Act and the policies% programs% and pro'ects of said agenc! in their respective regions. Se1tion 5.. Po0ers and Duties of the PD&(. The 6D7A shall) *a+ mplement or cause the efficient and effective implementation of the national drug control strateg! formulated b! the -oard thereb! carr!ing out a national drug campaign program which shall include drug law enforcement% control and prevention campaign with the assistance of concerned government agenciesC *b+ ;ndertake the enforcement of the provisions of Article of this Act relative to the unlawful acts and penalties involving an! dangerous drug and,or controlled precursor and essential chemical and investigate all violators and other matters involved in the commission of an! crime relative to the use% abuse or trafficking of an! dangerous drug and,or controlled precursor and essential chemical as provided for in this Act and the provisions of 6residential Decree <o. 8=89C *c+ Administer oath% issue subpoena and subpoena duces tecu relative to the conduct of investigation involving the violations of this ActC *d+ Arrest and apprehend as well as search all violators and sei$e or confiscate% the effects or proceeds of the crimes as provided b! law and take custod! thereof% for this purpose the prosecutors and enforcement agents are authori$ed to possess firearms% in accordance with e4isting lawsC *e+ Take charge and have custod! of all dangerous drugs and,or controlled precursors and essential chemicals sei$ed% confiscated or surrendered to an! national% provincial or local law enforcement agenc!% if no longer needed for purposes of evidence in courtC *f+ 7stablish forensic laboratories in each 6<6 office in ever! province and cit! in order to facilitate action on sei$e or confiscated drugs% thereb! hastening its destruction without dela!C *g+ .ecommend to the D@F 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#Bone!#5aundering Act of 2008C *h+ 6repare 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 substances% and assist% support and coordinate with other government agencies for the proper and effective prosecution of the sameC *i+ Bonitor and if warranted b! circumstances% in coordination with the 6hilippine 6ostal @ffice and the -ureau of Customs% inspect all air cargo packages% parcels and mails in the central post office% which appear from the package and address itself to be a possible

importation of dangerous drugs and,or controlled precursors and essential chemicals% through on#line or c!ber shops via the internet or c!berspaceC *'+ Conduct eradication programs to destro! wild or illegal growth of plants from which dangerous drugs ma! be e4tractedC *k+ nitiate and undertake the formation of a nationwide organi$ation which shall coordinate and supervise all activities against drug abuse in ever! province% cit!% municipalit! and baranga! with the active and direct participation of all such local government units and nongovernmental organi$ations% including the citi$enr!% sub'ect to the provisions of previousl! formulated programs of action against dangerous drugsC *l+ 7stablish and maintain a national drug intelligence s!stem in cooperation with law enforcement agencies% other government agencies,offices and local government units that will assist in its apprehension of big#time drug lordsC *m+ 7stablish and maintain close coordination% cooperation and linkages with international drug control and administration agencies and organi$ations% and implement the applicable provisions of international conventions and agreements related to dangerous drugs to which the 6hilippines is a signator!C *n+ Create and maintain an efficient special enforcement unit to conduct an investigation% file charges and transmit evidence to the proper court% wherein members of the said unit shall possess suitable and ade(uate firearms for their protection in connection with the performance of their duties) Provided% That no previous special permit for such possession shall be re(uiredC *o+ .e(uire all government and private hospitals% clinics% doctors% dentists and other practitioners to submit a report to it% in coordination with the -oard% about all dangerous drugs and,or controlled precursors and essential chemicals which the! have attended to for data and information purposesC *p+ Coordinate with the -oard for the facilitation of the issuance of necessar! guidelines% rules and regulations for the proper implementation of this ActC *(+ nitiate and undertake a national campaign for drug prevention and drug control programs% where it ma! enlist the assistance of an! department% bureau% office% agenc! or instrumentalit! of the government% including government#owned and or controlled corporations% in the anti#illegal drugs drive% which ma! 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 traffickersC and *r+ "ubmit an annual and periodic reports to the -oard as ma! be re(uired from time to time% and perform such other functions as ma! be authori$ed or re(uired under e4isting laws and as directed b! the 6resident himself,herself or as recommended b! the congressional committees concerned.

Se1tion 5#. The PD&( (cade y. ;pon the approval of the -oard% the 6D7A Academ! shall be established either in -aguio or Taga!ta! Cit!% and in such other places as ma! be necessar!. The 6D7A Academ! shall be responsible in the recruitment and training of all 6D7A agents and personnel. The -oard shall provide for the (ualifications and re(uirements of its recruits who must be at least twent!#one *28+ !ears old% of proven integrit! and honest! and a -accalaureate degree holder. The graduates of the Academ! shall later comprise the operating units of the 6D7A after the termination of the transition period of five *D+ !ears during which all the intelligence network and standard operating procedures of the 6D7A has been set up and operationali$ed. The Academ! shall be headed b! a "uperintendent% with the rank of Director. ?e,she shall be appointed b! the 6D7A Director Eeneral. Se1tion 5". Transfer! (bsorption! and $ntegration of (ll ,perating .nits on $llegal Drugs into the PD&( and Transitory Provisions. The <arcotics Eroup of the 6<6% the <arcotics Division of the <- and the Customs <arcotics nterdiction ;nit are hereb! abolishedC however the! shall continue with the performance of their task as detail service with the 6D7A% sub'ect to screening% until such time that the organi$ational structure of the Agenc! is full! operational and the number of graduates of the 6D7A Academ! is sufficient to do the task themselves) Provided% That such personnel who are affected shall have the option of either being integrated into the 6D7A or remain with their original mother agencies and shall% thereafter% be immediatel! reassigned to other units therein b! the head of such agencies. "uch personnel who are transferred% absorbed and integrated in the 6D7A shall be e4tended appointments to positions similar in rank% salar!% and other emoluments and privileges granted to their respective positions in their original mother agencies. The transfer% absorption and integration of the different offices and units provided for in this "ection shall take effect within eighteen *8:+ months from the effectivit! of this Act) Provided% That personnel absorbed and on detail service shall be given until five *D+ !ears to finall! decide to 'oin the 6D7A. <othing in this Act shall mean a diminution of the investigative powers of the <- and the 6<6 on all other crimes as provided for in their respective organic laws) Provided! ho0ever% That when the investigation being conducted b! the <- % 6<6 or an! ad hoc anti#drug task force is found to be a violation of an! of the provisions of this Act% the 6D7A shall be the lead agenc!. The <- % 6<6 or an! of the task force shall immediatel! transfer the same to the 6D7A) Provided! further% That the <- % 6<6 and the -ureau of Customs shall maintain close coordination with the 6D7A on all drug related matters. ARTICLE < Appropriations& +anage2ent of Fun4s an4 Annual Report Se1tion 5%. (ppropriations. The amount necessar! for the operation of the -oard and the 6D7A shall be charged against the current !ear&s appropriations of the -oard% the <ational Drug

5aw 7nforcement and 6revention Coordinating Center% the <arcotics Eroup of the 6<6% the <arcotics Division of the <- and other drug abuse units of the different law enforcement agencies integrated into the 6D7A in order to carr! out the provisions of this Act. Thereafter% such sums as ma! be necessar! for the continued implementation of this Act shall be included in the annual Eeneral Appropriations Act. All receipts derived from fines% fees and other income authori$ed and imposed in this Act% including ten percent *80I+ of all unclaimed and forfeited sweepstakes and lotto pri$es but not less than twelve million pesos *682%000%000.00+ per !ear from the 6hilippine Charit! "weepstakes @ffice *6C"@+% are hereb! constituted as a special account in the general fund for the implementation of this Act) Provided% That no amount shall be disbursed to cover the operating e4penses of the -oard and other concerned agencies) Provided! further% That at least fift! percent *D0I+ of all the funds shall be reserved for assistance to government#owned and,or operated rehabilitation centers. The fines shall be remitted to the -oard b! the court imposing such fines within thirt! *10+ da!s from the finalit! of its decisions or orders. The unclaimed and forfeited pri$es shall be turned over to the -oard b! the 6C"@ within thirt! *10+ da!s after these are collected and declared forfeited. A portion of the funds generated b! the 6hilippine Amusement and Eaming Corporation *6AEC@.+ in the amount of Aive million pesos *6D%000%000.00+ a month shall be set aside for the purpose of establishing ade(uate drug rehabilitation centers in the countr! and also for the maintenance and operations of such centers) Provided% That the said amount shall be taken from the fift! percent *D0I+ share of the <ational Eovernment in the income of 6AEC@.) Provided% further% That the said amount shall automaticall! be remitted b! 6AEC@. to the -oard. The amount shall% in turn% be disbursed b! the Dangerous Drugs -oard% sub'ect to the rules and regulations of the Commission on Audit *C@A+. The fund ma! be augmented b! grants% donations% and endowment from various sources% domestic or foreign% for purposes related to their functions% sub'ect to the e4isting guidelines set b! the government. Se1tion 55. )anage ent of 1unds .nder this (ct9 (nnual Report by the Board and the PD&(. The -oard shall manage the funds as it ma! deem proper for the attainment of the ob'ectives of this Act. n addition to the periodic reports as ma! be re(uired under this Act% the Chairman of the -oard shall submit to the 6resident of the 6hilippines and to the presiding officers of both houses of Congress% within fifteen *8D+ da!s from the opening of the regular session% an annual report on the dangerous drugs situation in the countr! which shall include detailed account of the programs and pro'ects undertaken% statistics on crimes related to dangerous drugs% e4penses incurred pursuant to the provisions of this Act% recommended remedial legislation% if needed% and such other relevant facts as it ma! deem proper to cite. Se1tion 5 . (uditing the (ccounts and &6penses of the Board and the PD&(. All accounts and e4penses of the -oard and the 6D7A shall be audited b! the C@A or its dul! authori$ed representative.

ARTICLE <I $uris4i1tion O:er -angerous -rugs Cases Se1tion (. 5urisdiction. The "upreme Court shall designate special courts from among the e4isting .egional Trial Courts in each 'udicial region to e4clusivel! tr! and hear cases involving violations of this Act. The number of courts designated in each 'udicial region shall be based on the population and the number of cases pending in their respective 'urisdiction. The D@F shall designate special prosecutors to e4clusivel! handle cases involving violations of this Act. The preliminar! investigation of cases filed under this Act shall be terminated within a period of thirt! *10+ da!s from the date of their filing. >hen the preliminar! investigation is conducted b! a public prosecutor and a probable cause is established% the corresponding information shall be filed in court within twent!#four *22+ hours from the termination of the investigation. f the preliminar! investigation is conducted b! a 'udge and a probable cause is found to e4ist% the corresponding information shall be filed b! the proper prosecutor within fort!#eight *2:+ hours from the date of receipt of the records of the case. Trial of the case under this "ection shall be finished b! the court not later than si4t! *=0+ da!s from the date of the filing of the information. Decision on said cases shall be rendered within a period of fifteen *8D+ da!s from the date of submission of the case for resolution. Se1tion !. Responsibility and Liability of La0 &nforce ent (gencies and other -overn ent ,fficials and & ployees in Testifying as Prosecution 7itnesses in Dangerous Drugs Cases. An! member of law enforcement agencies or an! other government official and emplo!ee who% after due notice% fails or refuses intentionall! or negligentl!% to appear as a witness for the prosecution in an! proceedings% involving violations of this Act% without an! valid reason% shall be punished with imprisonment of not less than twelve *82+ !ears and one *8+ da! to twent! *20+ !ears and a fine of not less than Aive hundred thousand pesos *6D00%000.00+% in addition to the administrative liabilit! he,she ma! be meted out b! his,her immediate superior and,or appropriate bod!. The immediate superior of the member of the law enforcement agenc! or an! other government emplo!ee mentioned in the preceding paragraph shall be penali$ed with imprisonment of not less than two *2+ months and one *8+ da! but not more than si4 *=+ !ears and a fine of not less than Ten thousand pesos *680%000.00+ but not more than Aift! thousand pesos *6D0%000.00+ and in addition% perpetual absolute dis(ualification from public office if despite due notice to them and to the witness concerned% the former does not e4ert reasonable effort to present the latter to the court. The member of the law enforcement agenc! or an! other government emplo!ee mentioned in the preceding paragraphs shall not be transferred or re#assigned to an! other government office located in another territorial 'urisdiction during the pendenc! of the case in court. ?owever% the

concerned member of the law enforcement agenc! or government emplo!ee ma! be transferred or re#assigned for compelling reasons) Provided% That his,her immediate superior shall notif! the court where the case is pending of the order to transfer or re#assign% within twent!#four *22+ hours from its approvalC Provided! further! That his,her immediate superior shall be penali$ed with imprisonment of not less than two *2+ months and one *8+ da! but not more than si4 *=+ !ears and a fine of not less than Ten thousand pesos *680%000.00+ but not more than Aift! thousand pesos *6D0%000.00+ and in addition% perpetual absolute dis(ualification from public office% should he,she fail to notif! the court of such order to transfer or re#assign. 6rosecution and punishment under this "ection shall be without pre'udice to an! liabilit! for violation of an! e4isting law. Se1tion '. Delay and Bungling in the Prosecution of Drug Cases. An! government officer or emplo!ee tasked with the prosecution of drug#related cases under this act% who% through patent la4it!% ine4cusable neglect% unreasonable dela! or deliberatel! causes the unsuccessful prosecution and,or dismissal of the said drug cases% shall suffer the penalt! of imprisonment ranging from twelve *82+ !ears and one *8+ da! to twent! *20+ !ears without pre'udice to his,her prosecution under the pertinent provisions of the .evised 6enal Code. Se1tion 3. Reclassification! (ddition or Re oval of (ny Drug fro the List of Dangerous Drugs. The -oard shall have the power to reclassif!% add to or remove from the list of dangerous drugs. 6roceedings to reclassif!% add% or remove a drug or other substance ma! be initiated b! the 6D7A% the D@?% or b! petition from an! interested part!% including the manufacturer of a drug% a medical societ! or association% a pharmac! association% a public interest group concerned with drug abuse% a national or local government agenc!% or an individual citi$en. >hen a petition is received b! the -oard% it shall immediatel! begin its own investigation of the drug. The 6D7A also ma! begin an investigation of a drug at an! time based upon the information received from law enforcement laboratories% national and local law enforcement and regulator! agencies% or other sources of information. The -oard after notice and hearing shall consider the following factors with respect to each substance proposed to be reclassified% added or removed from control) *a+ ts actual or relative potential for abuseC *b+ "cientific evidence of its pharmacological effect if knownC *c+ The state of current scientific knowledge regarding the drug or other substanceC *d+ ts histor! and current pattern of abuseC *e+ The scope% duration% and significance of abuseC *f+ .isk to public healthC and

*g+ >hether the substance is an immediate precursor of a substance alread! controlled under this Act. The -oard shall also take into accord the obligations and commitments to international treaties% conventions and agreements to which the 6hilippines is a signator!. The Dangerous Drugs -oard shall give notice to the general public of the public hearing of the reclassification% addition to or removal from the list of an! drug b! publishing such notice in an! newspaper of general circulation once a week for two *2+ weeks. The effect of such reclassification% addition or removal shall be as follows) *a+ n case a dangerous drug is reclassified as precursors and essential chemicals% the penalties for the violations of this Act involving the two latter categories of drugs shall% in case of conviction% be imposed in all pending criminal prosecutionsC *b+ n case a precursors and essential chemicals is reclassified as dangerous drug% the penalties for violations of the Act involving precursors and essential chemicals shall% in case of conviction% be imposed in all pending criminal prosecutionsC *c+ n case of the addition of a new drug to the list of dangerous drugs and precursors and essential chemicals% no criminal liabilit! involving the same under this Act shall arise until after the lapse of fifteen *8D+ da!s from the last publication of such noticeC *d+ n case of removal of a drug from the list of dangerous drugs and precursors and essential chemicals% all persons convicted and,or detained for the use and,or possession of such a drug shall be automaticall! released and all pending criminal prosecution involving such a drug under this Act shall forthwith be dismissedC and *e+ The -oard shall% within five *D+ da!s from the date of its promulgation submit to Congress a detailed reclassification% addition% or removal of an! drug from the list of dangerous drugs. ARTICLE <II I2ple2enting Rules an4 Regulations Se1tion .. $ ple enting Rules and Regulations. The present -oard in consultation with the D@?% D 5E% D@F% Dep7d% D">D% D@57% 6<6% <- % 6AEC@. and the 6C"@ and all other concerned government agencies shall promulgate within si4t! *=0+ da!s the mplementing .ules and .egulations that shall be necessar! to implement the provisions of this Act. ARTICLE <III Final Pro:isions

Se1tion #. Congressional ,versight Co ittee. There is hereb! created a Congressional @versight Committee composed of seven */+ Bembers from the "enate and seven */+ Bembers from the ?ouse of .epresentatives. The Bembers from the "enate shall be appointed b! the "enate 6resident based on the proportional representation of the parties or coalitions therein with at least two *2+ "enators representing the Binorit!. The Bembers from the ?ouse of .epresentatives shall be appointed b! the "peaker% also based on proportional representation of the parties or coalitions therein with at least two *2+ Bembers representing the Binorit!. The Committee shall be headed b! the respective Chairpersons of the "enate Committee on 6ublic @rder and llegal Drugs and the ?ouse of .epresentatives Committee on Dangerous Drugs. Se1tion ". Po0ers and 1unctions of the ,versight Co ittee. The @versight Committee on Dangerous Drugs shall% in aid of legislation% perform the following functions% among others) *a+ To set the guidelines and overall framework to monitor and ensure the proper implementation of this ActC *b+ To ensure transparenc! and re(uire the submission of reports from government agencies concerned on the conduct of programs% pro'ects and policies relating to the implementation of this actC *c+ To approve the budget for the programs of the @versight Committee on Dangerous Drugs and all disbursements therefrom% including compensation of all personnelC *d+ To submit periodic reports to the 6resident of the 6hilippines and Congress on the implementation of the provisions of this ActC *e+ To determine inherent weaknesses in the law and recommend the necessar! remedial legislation or e4ecutive measuresC and *f+ To perform such other duties% functions and responsibilities as ma! be necessar! to effectivel! attain the ob'ectives of this Act. Se1tion %. (doption of Co ittee Rules and Regulations! and 1unding. The @versight Committee on Dangerous Drugs shall adopt its internal rules of procedure% conduct hearings and receive testimonies% reports% and technical advice% invite or summon b! subpoena ad testificandu an! public official% private citi$en% or an! other person to testif! before it% or re(uire an! person b! subpoena duces tecu documents or other materials as it ma! re(uire consistent with the provisions of this Act. The @versight Committee on Dangerous Drugs shall be assisted b! a secretariat to be composed b! personnel who ma! be seconded from the "enate and the ?ouse of .epresentatives and ma! retain consultants.

To carr! out the powers and functions of the @versight Committee on Dangerous Drugs% the initial sum of Twent!#five million pesos *62D%000%000.00+ shall be charged against the current appropriations of the "enate. Thereafter% such amount necessar! for its continued operations shall be included in the annual Eeneral Appropriations Act. The @versight Committee on Dangerous Drugs shall e4ist for a period of ten *80+ !ears from the effectivit! of this Act and ma! be e4tended b! a 'oint concurrent resolution. Se1tion 5. Li ited (pplicability of the Revised Penal Code. <otwithstanding an! law% rule or regulation to the contrar!% the provisions of the .evised 6enal Code *Act <o. 1:82+% as amended% shall not appl! to the provisions of this Act% e4cept in the case of minor offenders. >here the offender is a minor% the penalt! for acts punishable b! life imprisonment to death provided herein shall be reclusion perpetua to death. Se1tion . Separability Clause. f for an! reason an! section or provision of this Act% or an! portion thereof% or the application of such section% provision or portion thereof to an! person% group or circumstance is declared invalid or unconstitutional% the remainder of this Act shall not be affected b! such declaration and shall remain in force and effect. Se1tion !((. Repealing Clause. .epublic Act <o. =22D% as amended% is hereb! repealed and all other laws% administrative orders% rules and regulations% or parts thereof inconsistent with the provisions of this Act% are hereb! repealed or modified accordingl!. Se1tion !(!. ( ending Clause. .epublic Act <o. /=D9 is hereb! amended accordingl!. Se1tion !('. &ffectivity. This Act shall take effect fifteen *8D+ da!s upon its publication in at least two *2+ national newspapers of general circulation.