I.

TITLE
An act providing for preventive measures in the proliferation of illegal drugs and or
substances in entertainment establishments as a deterrent to criminality

II. POLICY STATEMENT

Of recent occurences, illegal drug use has become a rampant problem and menace to
Philippine society. People of all ages are violating present laws regarding the use of
prohibited drugs. One of the biggest issues however, is how it is distributed among
the people and where they are used. The most common places to get access to certain
types of drugs are through entertainment establishments and social parties that people,
especially the youth, usually attends. A realistic and viable solution would be to stop
the distribution of drugs from these sources to prevent the public from getting access
to them. Full cooperation would be needed from these establishments even if it would
affect their business operations unless they are prepared to face sanctions from an
agency that would oversee their operations to prevent drug-related issues.

III. PURPOSE
The main purpose of this is policy is for the prevention of drug related crimes in
licensed entertainment establishments. Through the enactment of this policy, a sub-
agency under the Philippine Drug Enforcement agency (PDEA) will be created to
closely monitor entertainment establishments in order to effectively implement the
provisions of Republic Act 9165 to ensure the cooperation and assistance of owners
of establishments where events are to be held as well as the producers of such events.
Therefore to enhance a better and more efficient supplementary act to the existing
Republic Act which by and large provides only punitive sanctions and harsh penalties
after the crime itself had already been committed.

IV. SCOPE
 This policy shall apply to entertainment establishments such as bars, discotheque and
nightclubs within the Philippines as well as to events like concerts, music festivals
and other similar gatherings or activities. This policy intends to nationalize the
implementation of these preventive measures to serve the ends of justice more
effectively as a deterrent to drug use and peddling of the same.
V. OBJECTIVES
To safeguard the integrity of its territory and well being of its citizens particularly
the youth from the harmful effects of dangerous drugs on their physical and
mental well-being.
To pursue an intensive and unrelenting campaign against the trafficking and use
of dangerous drugs and other similar substance through an integrated system of
planning, implementation of anti-drug abuse, policies, projects and programs.
To identify the risk and factors that are found to be associated with commonly
used and distributed illegal drugs particularly the following:
Methylenedioxymethamphetamine or known as Ecstasy, Methamphetamine
Hydrochloride or known as Shabu and Cannabis or known as Marijuanaand
other prohibited substances.
To ensure that the said establishments will adhere to and comply with the existing
laws and regulations provided for the security deployment during conduct of
concerts; music festivals and other similar gatherings or activities involving large
number of crowd;
To prevent drug use and risky behaviours in bars or clubs and to ensure the health
and safety of party goers.
VI. DEFINITIONS AND ABBREVIATIONS
Entertainment establishments - business whose primary function is the serving
of alcoholic beverages for consumption on the premises. Those establishments
may also serve food, or have entertainment, and is licensed to sell alcoholic
beverages. There are different types of drinking establishment ranging from seedy
bars or nightclubs.

Cannabis or commonly known as Marijuana or Indian Hemp or by its any

other name. Embraces every kind, class, genus, or specie of the plant Cannabis
 sativa L. including, but not limited to, Cannabis americana, hashish, bhang, guaza,
churrus and ganjab, and embraces every kind, class and character of marijuana,
whether dried or fresh and flowering, or fruiting tops, or any part or portion of the
plant and seeds thereof, and all its geographic varieties, whether as a reefer, resin,
extract, tincture or in any form whatsoever.
Methylenedioxymethamphetamine (MDMA) or commonly known as
Ecstasy, or by its any other name. Refers to the drug having such chemical
composition, including any of its isomers or derivatives in any form.
Methamphetamine Hydrochloride or commonly known as Shabu, Ice,
Meth, or by its any other name. Refers to the drug having such chemical
composition, including any of its isomers or derivatives in any form.
PDEA Refers to the Philippine Drug Enforcement Agency under Section 82,
Article IX of RA 9165.

VII. POLICY DETAILS

SECTION 1. It is hereby declared that the policy of the State to guarantee that the
said establishment shall fully assist and cooperate in the investigation of the
Philippine National Police and Philippine Drug Enforcement Agency on any incident
or police operations that may arise within the premises area of business operation.
This includes the following assistance, among others:

(a) Copies of available CCTV videos and still photos of the person/s of interest
within reasonable time after a written request has been made during such time
and date specified by the PNP;
(b) Authorizing employees to serve as witnesses to any incident or Police
Operations involving the establishment for matters within their personal
knowledge; and
(c) Allowing selected personnel of Anti-Illegal Drugs and Intelligence Agents to
enter the establishment during special events or on any day and night as
necessary.
 SECTION 2. That the said establishments upon application of business permit
and approval thereof shall be held fully accountable as an obligatory duty to abide
by the rules and policy guideline set forth by law as a matter of crime prevention
to enhance the peacefulness and overall well being.

SECTION 3. It shall be the responsibility of venue owners to devise a

communication strategy which explains clearly to clubbers, club staff and the
general public the purpose of any enforcement operation.

SECTION 4. Congressional Oversight Committee. There is hereby created

a Congressional Oversight Committee composed of seven (7) Members from the
Senate and seven (7) Members from the House of Representatives. The Members
from the Senate shall be appointed by the Senate President based on the
proportional representation of the parties or coalitions therein with at least two (2)
Senators representing the Minority. The Members from the House of
Representatives shall be appointed by the Speaker, also based on proportional
representation of the parties or coalitions therein with at least two (2) Members
representing the Minority.

The Committee shall be headed by the respective Chairpersons of the Senate

Committee on Public Order and Illegal Drugs and the House of Representatives
Committee on Dangerous Drugs.

SECTION 5. This Act shall take effect fifteen (15) days after its publication in
the Official Gazette or in at least two (2) newspaper of general circulation.

VIII. ROLES AND RESPONSIBILITIES

The PDEA shall implement or cause the efficient and effective implementation of the
national drug control strategy formulated by the Board thereby carrying out a national
drug campaign program which shall include drug law enforcement, control and
prevention campaign with the assistance of concerned government agencies;
 The Sub-Agency shall take the lead ensuring that pubs and clubs are designed and run
in a way that maximises the safety of customers and staff. They are responsible for
monitoring the way that venues are run and enforcing compliance with the law.

The Philippine National Police shall oversee an intelligence-gathering approach

which monitors any criminal activity within a venue and links into the police
intelligence gathering systems.

IX. PENALTIES
Any patent violation by establishment owners and responsible personnel against this
policy suppletory to RA 9165 shall be punished accordingly such as but not limited to
revocation of its license to operate and eventual closure without prejudice to the filing
of criminal charges to the fullest extent of the law upon observance to the due process
clause.
X. MONITORING AND EVALUATION

(d) The establishment will fully assist and cooperate in the investigation of the
PNP on any incident or police operations that may arise within the premises
area of business operation. This includes the following assistance, among
others:
a. Copies of available CCTV videos and still photos of the person/s of
interest within reasonable time after a written request has been made
during such time and date specified by the PNP;
b. Authorizing employees to serve as witnesses to any incident or Police
Operations involving the establishment for matters within their
personal knowledge; and
 c. Allowing selected personnel of Anti-Illegal Drugs and Intelligence
Agents to enter the establishment during special events or on any day
and night as necessary.
(e) That the establishment will adhere to and comply with the existing laws and
regulations provided for the security deployment during the conduct of
concerts; music festivals and other similar gatherings or activities involving
large number of crowd;
(f) That the establishment will support the PNP and other Law Enforcement
Agencies as law- abiding citizens in the name of justice, peace and drug-free
environment in accordance with the law.