REPUBLIC ACT NO. 9165 June 7, 2002 Section 3. Definitions.

As used in this Act, the

following terms shall mean:
AN ACT INSTITUTING THE
COMPREHENSIVE DANGEROUS DRUGS (a) Administer. – Any act of introducing any
ACT OF 2002, REPEALING REPUBLIC ACT dangerous drug into the body of any person,
NO. 6425, OTHERWISE KNOWN AS THE with or without his/her knowledge, by injection,
DANGEROUS DRUGS ACT OF 1972, AS inhalation, ingestion or other means, or of
AMENDED, PROVIDING FUNDS THEREFOR, committing any act of indispensable assistance
AND FOR OTHER PURPOSES to a person in administering a dangerous drug to
himself/herself unless administered by a duly
Be it enacted by the Senate and House of licensed practitioner for purposes of medication.
Representatives of the Philippines in Congress
(b) Board. - Refers to the Dangerous Drugs
Section 1. Short Title. – This Act shall be known Board under Section 77, Article IX of this Act.
and cited as the "Comprehensive Dangerous
Drugs Act of 2002". (c) Centers. - Any of the treatment and
rehabilitation centers for drug dependents
Section 2. Declaration of Policy. – It is the policy referred to in Section 34, Article VIII of this Act.
of the State to safeguard the integrity of its
territory and the well-being of its citizenry (d) Chemical Diversion. – The sale, distribution,
particularly the youth, from the harmful effects of supply or transport of legitimately imported, in-
dangerous drugs on their physical and mental transit, manufactured or procured controlled
well-being, and to defend the same against acts precursors and essential chemicals, in diluted,
or omissions detrimental to their development mixtures or in concentrated form, to any person
and preservation. In view of the foregoing, the or entity engaged in the manufacture of any
State needs to enhance further the efficacy of dangerous drug, and shall include packaging,
the law against dangerous drugs, it being one of repackaging, labeling, relabeling or concealment
today's more serious social ills. of such transaction through fraud, destruction of
documents, fraudulent use of permits,
Toward this end, the government shall pursue misdeclaration, use of front companies or mail
an intensive and unrelenting campaign against fraud.
the trafficking and use of dangerous drugs and
other similar substances through an integrated (e) Clandestine Laboratory. – Any facility used
system of planning, implementation and for the illegal manufacture of any dangerous
enforcement of anti-drug abuse policies, drug and/or controlled precursor and essential
programs, and projects. The government shall chemical.
however aim to achieve a balance in the
national drug control program so that people (f) Confirmatory Test. – An analytical test using
with legitimate medical needs are not prevented a device, tool or equipment with a different
from being treated with adequate amounts of chemical or physical principle that is more
appropriate medications, which include the use specific which will validate and confirm the result
of dangerous drugs. of the screening test.

It is further declared the policy of the State to (g) Controlled Delivery. – The investigative
provide effective mechanisms or measures to technique of allowing an unlawful or suspect
re-integrate into society individuals who have consignment of any dangerous drug and/or
fallen victims to drug abuse or dangerous drug controlled precursor and essential chemical,
dependence through sustainable programs of equipment or paraphernalia, or property
treatment and rehabilitation. believed to be derived directly or indirectly from
any offense, to pass into, through or out of the
ARTICLE I country under the supervision of an authorized
officer, with a view to gathering evidence to
Definition of terms identify any person involved in any dangerous
drugs related offense, or to facilitate prosecution (p) Employee of Den, Dive or Resort. – The
of that offense. caretaker, helper, watchman, lookout, and other
persons working in the den, dive or resort,
(h) Controlled Precursors and Essential employed by the maintainer, owner and/or
Chemicals. – Include those listed in Tables I and operator where any dangerous drug and/or
II of the 1988 UN Convention Against Illicit controlled precursor and essential chemical is
Traffic in Narcotic Drugs and Psychotropic administered, delivered, distributed, sold or
Substances as enumerated in the attached used, with or without compensation, in
annex, which is an integral part of this Act. connection with the operation thereof.

(i) Cultivate or Culture. – Any act of knowingly (q) Financier. – Any person who pays for, raises
planting, growing, raising, or permitting the or supplies money for, or underwrites any of the
planting, growing or raising of any plant which is illegal activities prescribed under this Act.
the source of a dangerous drug.
(r) Illegal Trafficking. – The illegal cultivation,
(j) Dangerous Drugs. – Include those listed in culture, delivery, administration, dispensation,
the Schedules annexed to the 1961 Single manufacture, sale, trading, transportation,
Convention on Narcotic Drugs, as amended by distribution, importation, exportation and
the 1972 Protocol, and in the Schedules possession of any dangerous drug and/or
annexed to the 1971 Single Convention on controlled precursor and essential chemical.
Psychotropic Substances as enumerated in the
attached annex which is an integral part of this (s) Instrument. – Any thing that is used in or
Act. intended to be used in any manner in the
commission of illegal drug trafficking or related
(k) Deliver. – Any act of knowingly passing a offenses.
dangerous drug to another, personally or
otherwise, and by any means, with or without (t) Laboratory Equipment. – The paraphernalia,
consideration. apparatus, materials or appliances when used,
intended for use or designed for use in the
(l) Den, Dive or Resort. – A place where any manufacture of any dangerous drug and/or
dangerous drug and/or controlled precursor and controlled precursor and essential chemical,
essential chemical is administered, delivered, such as reaction vessel, preparative/purifying
stored for illegal purposes, distributed, sold or equipment, fermentors, separatory funnel, flask,
used in any form. heating mantle, gas generator, or their
substitute.
(m) Dispense. – Any act of giving away, selling
or distributing medicine or any dangerous drug (u) Manufacture. – The production, preparation,
with or without the use of prescription. compounding or processing of any dangerous
drug and/or controlled precursor and essential
chemical, either directly or indirectly or by
(n) Drug Dependence. – As based on the World
extraction from substances of natural origin, or
Health Organization definition, it is a cluster of
independently by means of chemical synthesis
physiological, behavioral and cognitive
or by a combination of extraction and chemical
phenomena of variable intensity, in which the
use of psychoactive drug takes on a high priority synthesis, and shall include any packaging or
thereby involving, among others, a strong desire repackaging of such substances, design or
configuration of its form, or labeling or relabeling
or a sense of compulsion to take the substance
of its container; except that such terms do not
and the difficulties in controlling substance-
include the preparation, compounding,
taking behavior in terms of its onset, termination,
or levels of use. packaging or labeling of a drug or other
substances by a duly authorized practitioner as
an incident to his/her administration or
(o) Drug Syndicate. – Any organized group of dispensation of such drug or substance in the
two (2) or more persons forming or joining course of his/her professional practice including
together with the intention of committing any research, teaching and chemical analysis of
offense prescribed under this Act.
dangerous drugs or such substances that are (bb) Person. – Any entity, natural or juridical,
not intended for sale or for any other purpose. including among others, a corporation,
partnership, trust or estate, joint stock company,
(v) Cannabis or commonly known as "Marijuana" association, syndicate, joint venture or other
or "Indian Hemp" or by its any other name. – unincorporated organization or group capable of
Embraces every kind, class, genus, or specie of acquiring rights or entering into obligations.
the plant Cannabis sativa L. including, but not
limited to, Cannabis americana, hashish, bhang, (cc) Planting of Evidence. – The willful act by
guaza, churrus and ganjab, and embraces every any person of maliciously and surreptitiously
kind, class and character of marijuana, whether inserting, placing, adding or attaching directly or
dried or fresh and flowering, flowering or fruiting indirectly, through any overt or covert act,
tops, or any part or portion of the plant and whatever quantity of any dangerous drug and/or
seeds thereof, and all its geographic varieties, controlled precursor and essential chemical in
whether as a reefer, resin, extract, tincture or in the person, house, effects or in the immediate
any form whatsoever. vicinity of an innocent individual for the purpose
of implicating, incriminating or imputing the
(w) Methylenedioxymethamphetamine (MDMA) commission of any violation of this Act.
or commonly known as "Ecstasy", or by its any
other name. – Refers to the drug having such (dd) Practitioner. – Any person who is a licensed
chemical composition, including any of its physician, dentist, chemist, medical technologist,
isomers or derivatives in any form. nurse, midwife, veterinarian or pharmacist in the
Philippines.
(x) Methamphetamine Hydrochloride or
commonly known as "Shabu", "Ice", "Meth", or (ee) Protector/Coddler. – Any person who
by its any other name. – Refers to the drug knowingly and willfully consents to the unlawful
having such chemical composition, including any acts provided for in this Act and uses his/her
of its isomers or derivatives in any form. influence, power or position in shielding,
harboring, screening or facilitating the escape of
(y) Opium. – Refers to the coagulated juice of any person he/she knows, or has reasonable
the opium poppy (Papaver somniferum L.) and grounds to believe on or suspects, has violated
embraces every kind, class and character of the provisions of this Act in order to prevent the
opium, whether crude or prepared; the ashes or arrest, prosecution and conviction of the violator.
refuse of the same; narcotic preparations thereof
or therefrom; morphine or any alkaloid of opium; (ff) Pusher. – Any person who sells, trades,
preparations in which opium, morphine or any administers, dispenses, delivers or gives away
alkaloid of opium enters as an ingredient; opium to another, on any terms whatsoever, or
poppy; opium poppy straw; and leaves or distributes, dispatches in transit or transports
wrappings of opium leaves, whether prepared dangerous drugs or who acts as a broker in any
for use or not. of such transactions, in violation of this Act.

(z) Opium Poppy. – Refers to any part of the (gg) School. – Any educational institution,
plant of the species Papaver somniferum L., private or public, undertaking educational
Papaver setigerum DC, Papaver orientale, operation for pupils/students pursuing certain
Papaver bracteatum and Papaver rhoeas, which studies at defined levels, receiving instructions
includes the seeds, straws, branches, leaves or from teachers, usually located in a building or a
any part thereof, or substances derived group of buildings in a particular physical or
therefrom, even for floral, decorative and cyber site.
culinary purposes.
(hh) Screening Test. – A rapid test performed to
(aa) PDEA. – Refers to the Philippine Drug establish potential/presumptive positive result.
Enforcement Agency under Section 82, Article
IX of this Act. (ii) Sell. – Any act of giving away any dangerous
drug and/or controlled precursor and essential
chemical whether for money or any other means involving his/her official status intended
consideration. to facilitate the unlawful entry of the same. In
addition, the diplomatic passport shall be
(jj) Trading. – Transactions involving the illegal confiscated and canceled.
trafficking of dangerous drugs and/or controlled
precursors and essential chemicals using The maximum penalty provided for under this
electronic devices such as, but not limited to, Section shall be imposed upon any person, who
text messages, email, mobile or landlines, two- organizes, manages or acts as a "financier" of
way radios, internet, instant messengers and any of the illegal activities prescribed in this
chat rooms or acting as a broker in any of such Section.
transactions whether for money or any other
consideration in violation of this Act. The penalty of twelve (12) years and one (1) day
to twenty (20) years of imprisonment and a fine
(kk) Use. – Any act of injecting, intravenously or ranging from One hundred thousand pesos
intramuscularly, of consuming, either by (P100,000.00) to Five hundred thousand pesos
chewing, smoking, sniffing, eating, swallowing, (P500,000.00) shall be imposed upon any
drinking or otherwise introducing into the person, who acts as a "protector/coddler" of any
physiological system of the body, and of the violator of the provisions under this Section.
dangerous drugs.
Section 5. Sale, Trading, Administration,
ARTICLE II Dispensation, Delivery, Distribution and
Transportation of Dangerous Drugs and/or
Unlawful Acts and Penalties Controlled Precursors and Essential
Chemicals. - The penalty of life imprisonment to
Section 4. Importation of Dangerous Drugs death and a fine ranging from Five hundred
and/or Controlled Precursors and Essential thousand pesos (P500,000.00) to Ten million
Chemicals.- .The penalty of life imprisonment to pesos (P10,000,000.00) shall be imposed upon
death and a ranging from Five hundred any person, who, unless authorized by law, shall
thousand pesos (P500,000.00) to Ten million sell, trade, administer, dispense, deliver, give
away to another, distribute dispatch in transit or
pesos (P10,000,000.00) shall be imposed upon
transport any dangerous drug, including any and
any person, who, unless authorized by law, shall
all species of opium poppy regardless of the
import or bring into the Philippines any
quantity and purity involved, or shall act as a
dangerous drug, regardless of the quantity and
purity involved, including any and all species of broker in any of such transactions.
opium poppy or any part thereof or substances
derived therefrom even for floral, decorative and The penalty of imprisonment ranging from
culinary purposes. twelve (12) years and one (1) day to twenty (20)
years and a fine ranging from One hundred
The penalty of imprisonment ranging from thousand pesos (P100,000.00) to Five hundred
twelve (12) years and one (1) day to twenty (20) thousand pesos (P500,000.00) shall be imposed
upon any person, who, unless authorized by
years and a fine ranging from One hundred
law, shall sell, trade, administer, dispense,
thousand pesos (P100,000.00) to Five hundred
deliver, give away to another, distribute,
thousand pesos (P500,000.00) shall be imposed
dispatch in transit or transport any controlled
upon any person, who, unless authorized by
law, shall import any controlled precursor and precursor and essential chemical, or shall act as
a broker in such transactions.
essential chemical.

If the sale, trading, administration, dispensation,

The maximum penalty provided for under this
Section shall be imposed upon any person, who, delivery, distribution or transportation of any
unless authorized under this Act, shall import or dangerous drug and/or controlled precursor and
essential chemical transpires within one hundred
bring into the Philippines any dangerous drug
(100) meters from the school, the maximum
and/or controlled precursor and essential
penalty shall be imposed in every case.
chemical through the use of a diplomatic
passport, diplomatic facilities or any other
For drug pushers who use minors or mentally Should any dangerous drug be the proximate
incapacitated individuals as runners, couriers cause of the death of a person using the same
and messengers, or in any other capacity in such den, dive or resort, the penalty of death
directly connected to the dangerous drugs and a fine ranging from One million
and/or controlled precursors and essential (P1,000,000.00) to Fifteen million pesos
chemical trade, the maximum penalty shall be (P500,000.00) shall be imposed on the
imposed in every case. maintainer, owner and/or operator.

If the victim of the offense is a minor or a If such den, dive or resort is owned by a third
mentally incapacitated individual, or should a person, the same shall be confiscated and
dangerous drug and/or a controlled precursor escheated in favor of the government: Provided,
and essential chemical involved in any offense That the criminal complaint shall specifically
herein provided be the proximate cause of death allege that such place is intentionally used in the
of a victim thereof, the maximum penalty furtherance of the crime: Provided, further, That
provided for under this Section shall be the prosecution shall prove such intent on the
imposed. part of the owner to use the property for such
purpose: Provided, finally, That the owner shall
The maximum penalty provided for under this be included as an accused in the criminal
Section shall be imposed upon any person who complaint.
organizes, manages or acts as a "financier" of
any of the illegal activities prescribed in this The maximum penalty provided for under this
Section. Section shall be imposed upon any person who
organizes, manages or acts as a "financier" of
The penalty of twelve (12) years and one (1) day any of the illegal activities prescribed in this
to twenty (20) years of imprisonment and a fine Section.
ranging from One hundred thousand pesos
(P100,000.00) to Five hundred thousand pesos The penalty twelve (12) years and one (1) day to
(P500,000.00) shall be imposed upon any twenty (20) years of imprisonment and a fine
person, who acts as a "protector/coddler" of any ranging from One hundred thousand pesos
violator of the provisions under this Section. (P100,000.00) to Five hundred thousand pesos
(P500,000.00) shall be imposed upon any
Section 6. Maintenance of a Den, Dive or person, who acts as a "protector/coddler" of any
Resort. - The penalty of life imprisonment to violator of the provisions under this Section.
death and a fine ranging from Five hundred
thousand pesos (P500,000.00) to Ten million Section 7. Employees and Visitors of a Den,
pesos (P10,000,000.00) shall be imposed upon Dive or Resort. - The penalty of imprisonment
any person or group of persons who shall ranging from twelve (12) years and one (1) day
maintain a den, dive or resort where any to twenty (20) years and a fine ranging from One
dangerous drug is used or sold in any form. hundred thousand pesos (P100,000.00) to Five
hundred thousand pesos (P500,000.00) shall be
The penalty of imprisonment ranging from imposed upon:
twelve (12) years and one (1) day to twenty (20)
years and a fine ranging from One hundred (a) Any employee of a den, dive or
thousand pesos (P100,000.00) to Five hundred resort, who is aware of the nature of the
thousand pesos (P500,000.00) shall be imposed place as such; and
upon any person or group of persons who shall
maintain a den, dive, or resort where any (b) Any person who, not being included
controlled precursor and essential chemical is in the provisions of the next preceding,
used or sold in any form. paragraph, is aware of the nature of the
place as such and shall knowingly visit
The maximum penalty provided for under this the same
Section shall be imposed in every case where
any dangerous drug is administered, delivered Section 8. Manufacture of Dangerous Drugs
or sold to a minor who is allowed to use the and/or Controlled Precursors and Essential
same in such a place.
Chemicals. - The penalty of life imprisonment to ranging from One hundred thousand pesos
death and a fine ranging Five hundred thousand (P100,000.00) to Five hundred thousand pesos
pesos (P500,000.00) to Ten million pesos (P500,000.00) shall be imposed upon any
(P10,000,000.00) shall be imposed upon any person, who acts as a "protector/coddler" of any
person, who, unless authorized by law, shall violator of the provisions under this Section.
engage in the manufacture of any dangerous
drug. Section 9. Illegal Chemical Diversion of
Controlled Precursors and Essential Chemicals.
The penalty of imprisonment ranging from - The penalty of imprisonment ranging from
twelve (12) years and one (1) day to twenty (20) twelve (12) years and one (1) day to twenty (20)
years and a fine ranging from One hundred years and a fine ranging from One hundred
thousand pesos (P100,000.00) to Five hundred thousand pesos (P100,000.00) to Five hundred
thousand pesos (P500,000.00) shall be imposed thousand pesos (P500,000.00) shall be imposed
upon any person, who, unless authorized by upon any person, who, unless authorized by
law, shall manufacture any controlled precursor law, shall illegally divert any controlled precursor
and essential chemical. and essential chemical.

The presence of any controlled precursor and Section 10. Manufacture or Delivery of
essential chemical or laboratory equipment in Equipment, Instrument, Apparatus, and Other
the clandestine laboratory is a prima facie proof Paraphernalia for Dangerous Drugs and/or
of manufacture of any dangerous drug. It shall Controlled Precursors and Essential Chemicals.
be considered an aggravating circumstance if - The penalty of imprisonment ranging from
the clandestine laboratory is undertaken or twelve (12) years and one (1) day to twenty (20)
established under the following circumstances: years and a fine ranging from One hundred
thousand pesos (P100,000.00) to Five hundred
(a) Any phase of the manufacturing thousand pesos (P500,000.00) shall be imposed
process was conducted in the presence upon any person who shall deliver, possess with
or with the help of minor/s: intent to deliver, or manufacture with intent to
deliver equipment, instrument, apparatus and
(b) Any phase or manufacturing process other paraphernalia for dangerous drugs,
knowing, or under circumstances where one
was established or undertaken within
reasonably should know, that it will be used to
one hundred (100) meters of a
plant, propagate, cultivate, grow, harvest,
residential, business, church or school
manufacture, compound, convert, produce,
premises;
process, prepare, test, analyze, pack, repack,
store, contain or conceal any dangerous drug
(c) Any clandestine laboratory was and/or controlled precursor and essential
secured or protected with booby traps; chemical in violation of this Act.

(d) Any clandestine laboratory was The penalty of imprisonment ranging from six (6)
concealed with legitimate business months and one (1) day to four (4) years and a
operations; or fine ranging from Ten thousand pesos
(P10,000.00) to Fifty thousand pesos
(e) Any employment of a practitioner, (P50,000.00) shall be imposed if it will be used
chemical engineer, public official or to inject, ingest, inhale or otherwise introduce
foreigner. into the human body a dangerous drug in
violation of this Act.
The maximum penalty provided for under this
Section shall be imposed upon any person, who The maximum penalty provided for under this
organizes, manages or acts as a "financier" of Section shall be imposed upon any person, who
any of the illegal activities prescribed in this uses a minor or a mentally incapacitated
Section. individual to deliver such equipment, instrument,
apparatus and other paraphernalia for
The penalty of twelve (12) years and one (1) day dangerous drugs.
to twenty (20) years of imprisonment and a fine
Section 11. Possession of Dangerous Drugs. - methamphetamine hydrochloride or
The penalty of life imprisonment to death and a "shabu" is ten (10) grams or more but
fine ranging from Five hundred thousand pesos less than fifty (50) grams;
(P500,000.00) to Ten million pesos
(P10,000,000.00) shall be imposed upon any (2) Imprisonment of twenty (20) years
person, who, unless authorized by law, shall and one (1) day to life imprisonment and
possess any dangerous drug in the following a fine ranging from Four hundred
quantities, regardless of the degree of purity thousand pesos (P400,000.00) to Five
thereof: hundred thousand pesos (P500,000.00),
if the quantities of dangerous drugs are
(1) 10 grams or more of opium; five (5) grams or more but less than ten
(10) grams of opium, morphine, heroin,
(2) 10 grams or more of morphine; cocaine or cocaine hydrochloride,
marijuana resin or marijuana resin oil,
methamphetamine hydrochloride or
(3) 10 grams or more of heroin;
"shabu", or other dangerous drugs such
as, but not limited to, MDMA or
(4) 10 grams or more of cocaine or "ecstasy", PMA, TMA, LSD, GHB, and
cocaine hydrochloride; those similarly designed or newly
introduced drugs and their derivatives,
(5) 50 grams or more of without having any therapeutic value or
methamphetamine hydrochloride or if the quantity possessed is far beyond
"shabu"; therapeutic requirements; or three
hundred (300) grams or more but less
(6) 10 grams or more of marijuana resin than five (hundred) 500) grams of
or marijuana resin oil; marijuana; and

(7) 500 grams or more of marijuana; and (3) Imprisonment of twelve (12) years
and one (1) day to twenty (20) years
(8) 10 grams or more of other and a fine ranging from Three hundred
dangerous drugs such as, but not thousand pesos (P300,000.00) to Four
limited to, hundred thousand pesos (P400,000.00),
methylenedioxymethamphetamine if the quantities of dangerous drugs are
(MDA) or "ecstasy", less than five (5) grams of opium,
paramethoxyamphetamine (PMA), morphine, heroin, cocaine or cocaine
trimethoxyamphetamine (TMA), lysergic hydrochloride, marijuana resin or
acid diethylamine (LSD), gamma marijuana resin oil, methamphetamine
hydroxyamphetamine (GHB), and those hydrochloride or "shabu", or other
similarly designed or newly introduced dangerous drugs such as, but not
drugs and their derivatives, without limited to, MDMA or "ecstasy", PMA,
having any therapeutic value or if the TMA, LSD, GHB, and those similarly
quantity possessed is far beyond designed or newly introduced drugs and
therapeutic requirements, as determined their derivatives, without having any
and promulgated by the Board in therapeutic value or if the quantity
accordance to Section 93, Article XI of possessed is far beyond therapeutic
this Act. requirements; or less than three
hundred (300) grams of marijuana.
Otherwise, if the quantity involved is less than
the foregoing quantities, the penalties shall be Section 12. Possession of Equipment,
graduated as follows: Instrument, Apparatus and Other Paraphernalia
for Dangerous Drugs. - The penalty of
imprisonment ranging from six (6) months and
(1) Life imprisonment and a fine ranging
one (1) day to four (4) years and a fine ranging
from Four hundred thousand pesos
from Ten thousand pesos (P10,000.00) to Fifty
(P400,000.00) to Five hundred thousand
thousand pesos (P50,000.00) shall be imposed
pesos (P500,000.00), if the quantity of
upon any person, who, unless authorized by of this Act. If apprehended using any dangerous
law, shall possess or have under his/her control drug for the second time, he/she shall suffer the
any equipment, instrument, apparatus and other penalty of imprisonment ranging from six (6)
paraphernalia fit or intended for smoking, years and one (1) day to twelve (12) years and a
consuming, administering, injecting, ingesting, or fine ranging from Fifty thousand pesos
introducing any dangerous drug into the (P50,000.00) to Two hundred thousand pesos
body: Provided, That in the case of medical (P200,000.00): Provided, That this Section shall
practitioners and various professionals who are not be applicable where the person tested is
required to carry such equipment, instrument, also found to have in his/her possession such
apparatus and other paraphernalia in the quantity of any dangerous drug provided for
practice of their profession, the Board shall under Section 11 of this Act, in which case the
prescribe the necessary implementing provisions stated therein shall apply.
guidelines thereof.
Section 16. Cultivation or Culture of Plants
The possession of such equipment, instrument, Classified as Dangerous Drugs or are Sources
apparatus and other paraphernalia fit or Thereof. - The penalty of life imprisonment to
intended for any of the purposes enumerated in death and a fine ranging from Five hundred
the preceding paragraph shall be prima thousand pesos (P500,000.00) to Ten million
facie evidence that the possessor has smoked, pesos (P10,000,000.00) shall be imposed upon
consumed, administered to himself/herself, any person, who shall plant, cultivate or culture
injected, ingested or used a dangerous drug and marijuana, opium poppy or any other plant
shall be presumed to have violated Section 15 of regardless of quantity, which is or may hereafter
this Act. be classified as a dangerous drug or as a source
from which any dangerous drug may be
Section 13. Possession of Dangerous Drugs manufactured or derived: Provided, That in the
During Parties, Social Gatherings or Meetings. – case of medical laboratories and medical
Any person found possessing any dangerous research centers which cultivate or culture
drug during a party, or at a social gathering or marijuana, opium poppy and other plants, or
meeting, or in the proximate company of at least materials of such dangerous drugs for medical
two (2) persons, shall suffer the maximum experiments and research purposes, or for the
penalties provided for in Section 11 of this Act, creation of new types of medicine, the Board
regardless of the quantity and purity of such shall prescribe the necessary implementing
dangerous drugs. guidelines for the proper cultivation, culture,
handling, experimentation and disposal of such
Section 14. Possession of Equipment, plants and materials.
Instrument, Apparatus and Other Paraphernalia
for Dangerous Drugs During Parties, Social The land or portions thereof and/or greenhouses
Gatherings or Meetings. - The maximum penalty on which any of said plants is cultivated or
provided for in Section 12 of this Act shall be cultured shall be confiscated and escheated in
imposed upon any person, who shall possess or favor of the State, unless the owner thereof can
have under his/her control any equipment, prove lack of knowledge of such cultivation or
instrument, apparatus and other paraphernalia culture despite the exercise of due diligence on
fit or intended for smoking, consuming, his/her part. If the land involved is part of the
administering, injecting, ingesting, or introducing public domain, the maximum penalty provided
any dangerous drug into the body, during for under this Section shall be imposed upon the
parties, social gatherings or meetings, or in the offender.
proximate company of at least two (2) persons.
The maximum penalty provided for under this
Section 15. Use of Dangerous Drugs. – A Section shall be imposed upon any person, who
person apprehended or arrested, who is found organizes, manages or acts as a "financier" of
to be positive for use of any dangerous drug, any of the illegal activities prescribed in this
after a confirmatory test, shall be imposed a Section.
penalty of a minimum of six (6) months
rehabilitation in a government center for the first The penalty of twelve (12) years and one (1) day
offense, subject to the provisions of Article VIII to twenty (20) years of imprisonment and a fine
ranging from One hundred thousand pesos purporting to be a prescription for any
(P100,000.00) to Five hundred thousand pesos dangerous drug.
(P500,000.00) shall be imposed upon any
person, who acts as a "protector/coddler" of any Section 20. Confiscation and Forfeiture of the
violator of the provisions under this Section. Proceeds or Instruments of the Unlawful Act,
Including the Properties or Proceeds Derived
Section 17. Maintenance and Keeping of from the Illegal Trafficking of Dangerous Drugs
Original Records of Transactions on Dangerous and/or Precursors and Essential Chemicals. –
Drugs and/or Controlled Precursors and Every penalty imposed for the unlawful
Essential Chemicals. - The penalty of importation, sale, trading, administration,
imprisonment ranging from one (1) year and one dispensation, delivery, distribution,
(1) day to six (6) years and a fine ranging from transportation or manufacture of any dangerous
Ten thousand pesos (P10,000.00) to Fifty drug and/or controlled precursor and essential
thousand pesos (P50,000.00) shall be imposed chemical, the cultivation or culture of plants
upon any practitioner, manufacturer, wholesaler, which are sources of dangerous drugs, and the
importer, distributor, dealer or retailer who possession of any equipment, instrument,
violates or fails to comply with the maintenance apparatus and other paraphernalia for
and keeping of the original records of dangerous drugs including other laboratory
transactions on any dangerous drug and/or equipment, shall carry with it the confiscation
controlled precursor and essential chemical in and forfeiture, in favor of the government, of all
accordance with Section 40 of this Act. the proceeds and properties derived from the
unlawful act, including, but not limited to, money
An additional penalty shall be imposed through and other assets obtained thereby, and the
the revocation of the license to practice his/her instruments or tools with which the particular
profession, in case of a practitioner, or of the unlawful act was committed, unless they are the
business, in case of a manufacturer, seller, property of a third person not liable for the
importer, distributor, dealer or retailer. unlawful act, but those which are not of lawful
commerce shall be ordered destroyed without
Section 18. Unnecessary Prescription of delay pursuant to the provisions of Section 21 of
Dangerous Drugs. – The penalty of this Act.
imprisonment ranging from twelve (12) years
and one (1) day to twenty (20) years and a fine After conviction in the Regional Trial Court in the
ranging from One hundred thousand pesos appropriate criminal case filed, the Court shall
(P100,000.00) to Five hundred thousand pesos immediately schedule a hearing for the
(P500,000.00) and the additional penalty of the confiscation and forfeiture of all the proceeds of
revocation of his/her license to practice shall be the offense and all the assets and properties of
imposed upon the practitioner, who shall the accused either owned or held by him or in
prescribe any dangerous drug to any person the name of some other persons if the same
whose physical or physiological condition does shall be found to be manifestly out of proportion
not require the use or in the dosage prescribed to his/her lawful income: Provided, however,
therein, as determined by the Board in That if the forfeited property is a vehicle, the
consultation with recognized competent experts same shall be auctioned off not later than five
who are authorized representatives of (5) days upon order of confiscation or forfeiture.
professional organizations of practitioners,
particularly those who are involved in the care of During the pendency of the case in the Regional
persons with severe pain. Trial Court, no property, or income derived
therefrom, which may be confiscated and
Section 19. Unlawful Prescription of Dangerous forfeited, shall be disposed, alienated or
Drugs. – The penalty of life imprisonment to transferred and the same shall be in custodia
death and a fine ranging from Five hundred legis and no bond shall be admitted for the
thousand pesos (P500,000.00) to Ten million release of the same.
pesos (P10,000,000.00) shall be imposed upon
any person, who, unless authorized by law, shall The proceeds of any sale or disposition of any
make or issue a prescription or any other writing property confiscated or forfeited under this
Section shall be used to pay all proper expenses
incurred in the proceedings for the confiscation, drugs, plant sources of dangerous
forfeiture, custody and maintenance of the drugs, and controlled precursors and
property pending disposition, as well as essential chemicals does not allow the
expenses for publication and court costs. The completion of testing within the time
proceeds in excess of the above expenses shall frame, a partial laboratory examination
accrue to the Board to be used in its campaign report shall be provisionally issued
against illegal drugs. stating therein the quantities of
dangerous drugs still to be examined by
Section 21. Custody and Disposition of the forensic laboratory: Provided,
Confiscated, Seized, and/or Surrendered however, That a final certification shall
Dangerous Drugs, Plant Sources of Dangerous be issued on the completed forensic
Drugs, Controlled Precursors and Essential laboratory examination on the same
Chemicals, Instruments/Paraphernalia and/or within the next twenty-four (24) hours;
Laboratory Equipment. – The PDEA shall take
charge and have custody of all dangerous (4) After the filing of the criminal case,
drugs, plant sources of dangerous drugs, the Court shall, within seventy-two (72)
controlled precursors and essential chemicals, hours, conduct an ocular inspection of
as well as instruments/paraphernalia and/or the confiscated, seized and/or
laboratory equipment so confiscated, seized surrendered dangerous drugs, plant
and/or surrendered, for proper disposition in the sources of dangerous drugs, and
following manner: controlled precursors and essential
chemicals, including the
(1) The apprehending team having initial instruments/paraphernalia and/or
custody and control of the drugs shall, laboratory equipment, and through the
immediately after seizure and PDEA shall within twenty-four (24) hours
confiscation, physically inventory and thereafter proceed with the destruction
photograph the same in the presence of or burning of the same, in the presence
the accused or the person/s from whom of the accused or the person/s from
such items were confiscated and/or whom such items were confiscated
seized, or his/her representative or and/or seized, or his/her representative
counsel, a representative from the or counsel, a representative from the
media and the Department of Justice media and the DOJ, civil society groups
(DOJ), and any elected public official and any elected public official. The
who shall be required to sign the copies Board shall draw up the guidelines on
of the inventory and be given a copy the manner of proper disposition and
thereof; destruction of such item/s which shall be
borne by the offender: Provided, That
those item/s of lawful commerce, as
(2) Within twenty-four (24) hours upon
determined by the Board, shall be
confiscation/seizure of dangerous drugs,
donated, used or recycled for legitimate
plant sources of dangerous drugs,
purposes: Provided, further, That a
controlled precursors and essential
chemicals, as well as representative sample, duly weighed
and recorded is retained;
instruments/paraphernalia and/or
laboratory equipment, the same shall be
submitted to the PDEA Forensic (5) The Board shall then issue a sworn
Laboratory for a qualitative and certification as to the fact of destruction
quantitative examination; or burning of the subject item/s which,
together with the representative
sample/s in the custody of the PDEA,
(3) A certification of the forensic
shall be submitted to the court having
laboratory examination results, which
jurisdiction over the case. In all
shall be done under oath by the forensic
laboratory examiner, shall be issued instances, the representative sample/s
within twenty-four (24) hours after the shall be kept to a minimum quantity as
receipt of the subject item/s: Provided, determined by the Board;
That when the volume of the dangerous
 (6) The alleged offender or his/her Section 23. Plea-Bargaining Provision. – Any
representative or counsel shall be person charged under any provision of this Act
allowed to personally observe all of the regardless of the imposable penalty shall not be
above proceedings and his/her allowed to avail of the provision on plea-
presence shall not constitute an bargaining.
admission of guilt. In case the said
offender or accused refuses or fails to Section 24. Non-Applicability of the Probation
appoint a representative after due notice Law for Drug Traffickers and Pushers. – Any
in writing to the accused or his/her person convicted for drug trafficking or pushing
counsel within seventy-two (72) hours under this Act, regardless of the penalty
before the actual burning or destruction imposed by the Court, cannot avail of the
of the evidence in question, the privilege granted by the Probation Law or
Secretary of Justice shall appoint a Presidential Decree No. 968, as amended.
member of the public attorney's office to
represent the former; Section 25. Qualifying Aggravating
Circumstances in the Commission of a Crime by
(7) After the promulgation and judgment an Offender Under the Influence of Dangerous
in the criminal case wherein the Drugs. – Notwithstanding the provisions of any
representative sample/s was presented law to the contrary, a positive finding for the use
as evidence in court, the trial prosecutor of dangerous drugs shall be a qualifying
shall inform the Board of the final aggravating circumstance in the commission of
termination of the case and, in turn, a crime by an offender, and the application of
shall request the court for leave to turn the penalty provided for in the Revised Penal
over the said representative sample/s to Code shall be applicable.
the PDEA for proper disposition and
destruction within twenty-four (24) hours Section 26. Attempt or Conspiracy. – Any
from receipt of the same; and
attempt or conspiracy to commit the following
unlawful acts shall be penalized by the same
(8) Transitory Provision: a) Within penalty prescribed for the commission of the
twenty-four (24) hours from the same as provided under this Act:
effectivity of this Act, dangerous drugs
defined herein which are presently in
(a) Importation of any dangerous drug
possession of law enforcement
and/or controlled precursor and
agencies shall, with leave of court, be
essential chemical;
burned or destroyed, in the presence of
representatives of the Court, DOJ,
Department of Health (DOH) and the (b) Sale, trading, administration,
accused/and or his/her counsel, and, b) dispensation, delivery, distribution and
Pending the organization of the PDEA, transportation of any dangerous drug
the custody, disposition, and burning or and/or controlled precursor and
destruction of seized/surrendered essential chemical;
dangerous drugs provided under this
Section shall be implemented by the (c) Maintenance of a den, dive or resort
DOH. where any dangerous drug is used in
any form;
Section 22. Grant of Compensation, Reward
and Award. – The Board shall recommend to the (d) Manufacture of any dangerous drug
concerned government agency the grant of and/or controlled precursor and
compensation, reward and award to any person essential chemical; and
providing information and to law enforcers
participating in the operation, which results in (e) Cultivation or culture of plants which
the successful confiscation, seizure or surrender are sources of dangerous drugs.
of dangerous drugs, plant sources of dangerous
drugs, and controlled precursors and essential Section 27. Criminal Liability of a Public Officer
chemicals. or Employee for Misappropriation,
Misapplication or Failure to Account for the corporation, association or any juridical entity,
Confiscated, Seized and/or Surrendered the partner, president, director, manager,
Dangerous Drugs, Plant Sources of Dangerous trustee, estate administrator, or officer who
Drugs, Controlled Precursors and Essential consents to or knowingly tolerates such violation
Chemicals, Instruments/Paraphernalia and/or shall be held criminally liable as a co-principal.
Laboratory Equipment Including the Proceeds or
Properties Obtained from the Unlawful Act The penalty provided for the offense under this
Committed. – The penalty of life imprisonment to Act shall be imposed upon the partner,
death and a fine ranging from Five hundred president, director, manager, trustee, estate
thousand pesos (P500,000.00) to Ten million administrator, or officer who knowingly
pesos (P10,000,000.00), in addition to absolute authorizes, tolerates or consents to the use of a
perpetual disqualification from any public office, vehicle, vessel, aircraft, equipment or other
shall be imposed upon any public officer or facility, as an instrument in the importation, sale,
employee who misappropriates, misapplies or trading, administration, dispensation, delivery,
fails to account for confiscated, seized or distribution, transportation or manufacture of
surrendered dangerous drugs, plant sources of dangerous drugs, or chemical diversion, if such
dangerous drugs, controlled precursors and vehicle, vessel, aircraft, equipment or other
essential chemicals, instruments/paraphernalia instrument is owned by or under the control or
and/or laboratory equipment including the supervision of the partnership, corporation,
proceeds or properties obtained from the association or juridical entity to which they are
unlawful acts as provided for in this Act. affiliated.

Any elective local or national official found to Section 31. Additional Penalty if Offender is an
have benefited from the proceeds of the Alien. – In addition to the penalties prescribed in
trafficking of dangerous drugs as prescribed in the unlawful act committed, any alien who
this Act, or have received any financial or violates such provisions of this Act shall, after
material contributions or donations from natural service of sentence, be deported immediately
or juridical persons found guilty of trafficking without further proceedings, unless the penalty
dangerous drugs as prescribed in this Act, shall is death.
be removed from office and perpetually
disqualified from holding any elective or Section 32. Liability to a Person Violating Any
appointive positions in the government, its Regulation Issued by the Board. – The penalty
divisions, subdivisions, and intermediaries,
of imprisonment ranging from six (6) months and
including government-owned or –controlled
one (1) day to four (4) years and a fine ranging
corporations.
from Ten thousand pesos (P10,000.00) to Fifty
thousand pesos (P50,000.00) shall be imposed
Section 28. Criminal Liability of Government upon any person found violating any regulation
Officials and Employees. – The maximum duly issued by the Board pursuant to this Act, in
penalties of the unlawful acts provided for in this addition to the administrative sanctions imposed
Act shall be imposed, in addition to absolute by the Board.
perpetual disqualification from any public office,
if those found guilty of such unlawful acts are Section 33. Immunity from Prosecution and
government officials and employees. Punishment. – Notwithstanding the provisions of
Section 17, Rule 119 of the Revised Rules of
Section 29. Criminal Liability for Planting of Criminal Procedure and the provisions of
Evidence. – Any person who is found guilty of Republic Act No. 6981 or the Witness
"planting" any dangerous drug and/or controlled Protection, Security and Benefit Act of 1991, any
precursor and essential chemical, regardless of person who has violated Sections 7, 11, 12, 14,
quantity and purity, shall suffer the penalty of 15, and 19, Article II of this Act, who voluntarily
death. gives information about any violation of Sections
4, 5, 6, 8, 10, 13, and 16, Article II of this Act as
Section 30. Criminal Liability of Officers of well as any violation of the offenses mentioned if
Partnerships, Corporations, Associations or committed by a drug syndicate, or any
Other Juridical Entities. – In case any violation of information leading to the whereabouts,
this Act is committed by a partnership, identities and arrest of all or any of the members
thereof; and who willingly testifies against such such case, the informant or witness shall be
persons as described above, shall be exempted subject to prosecution and the enjoyment of all
from prosecution or punishment for the offense rights and benefits previously accorded him
with reference to which his/her information of under this Act or any other law, decree or order
testimony were given, and may plead or prove shall be deemed terminated.
the giving of such information and testimony in
bar of such prosecution: Provided, That the In case an informant or witness under this Act
following conditions concur: fails or refuses to testify without just cause, and
when lawfully obliged to do so, or should he/she
(1) The information and testimony are violate any condition accompanying such
necessary for the conviction of the immunity as provided above, his/her immunity
persons described above; shall be removed and he/she shall likewise be
subject to contempt and/or criminal prosecution,
(2) Such information and testimony are as the case may be, and the enjoyment of all
not yet in the possession of the State; rights and benefits previously accorded him
under this Act or in any other law, decree or
order shall be deemed terminated.
(3) Such information and testimony can
be corroborated on its material points;
In case the informant or witness referred to
under this Act falls under the applicability of this
(4) the informant or witness has not
Section hereof, such individual cannot avail of
been previously convicted of a crime
the provisions under Article VIII of this Act.
involving moral turpitude, except when
there is no other direct evidence
available for the State other than the Section 35. Accessory Penalties. – A person
information and testimony of said convicted under this Act shall be disqualified to
informant or witness; and exercise his/her civil rights such as but not
limited to, the rights of parental authority or
(5) The informant or witness shall strictly guardianship, either as to the person or property
and faithfully comply without delay, any of any ward, the rights to dispose of such
property by any act or any conveyance inter
condition or undertaking, reduced into
vivos, and political rights such as but not limited
writing, lawfully imposed by the State as
to, the right to vote and be voted for. Such rights
further consideration for the grant of
shall also be suspended during the pendency of
immunity from prosecution and
punishment. an appeal from such conviction.

ARTICLE III
Provided, further, That this immunity may be
enjoyed by such informant or witness who does
not appear to be most guilty for the offense with Dangerous Drugs Test and Record
reference to which his/her information or Requirements
testimony were given: Provided, finally, That
there is no direct evidence available for the Section 36. Authorized Drug Testing. –
State except for the information and testimony of Authorized drug testing shall be done by any
the said informant or witness. government forensic laboratories or by any of
the drug testing laboratories accredited and
Section 34. Termination of the Grant of monitored by the DOH to safeguard the quality
Immunity. – The immunity granted to the of test results. The DOH shall take steps in
informant or witness, as prescribed in Section 33 setting the price of the drug test with DOH
of this Act, shall not attach should it turn out accredited drug testing centers to further reduce
subsequently that the information and/or the cost of such drug test. The drug testing shall
testimony is false, malicious or made only for the employ, among others, two (2) testing methods,
purpose of harassing, molesting or in any way the screening test which will determine the
prejudicing the persons described in the positive result as well as the type of the drug
preceding Section against whom such used and the confirmatory test which will confirm
information or testimony is directed against. In a positive screening test. Drug test certificates
issued by accredited drug testing centers shall
be valid for a one-year period from the date of agencies. – Officers and members of
issue which may be used for other purposes. the military, police and other law
The following shall be subjected to undergo drug enforcement agencies shall undergo an
testing: annual mandatory drug test;

(a) Applicants for driver's license. – No (f) All persons charged before the
driver's license shall be issued or prosecutor's office with a criminal
renewed to any person unless he/she offense having an imposable penalty of
presents a certification that he/she has imprisonment of not less than six (6)
undergone a mandatory drug test and years and one (1) day shall have to
indicating thereon that he/she is free undergo a mandatory drug test; and
from the use of dangerous drugs;
(g) All candidates for public office
(b) Applicants for firearm's license and whether appointed or elected both in the
for permit to carry firearms outside of national or local government shall
residence. – All applicants for firearm's undergo a mandatory drug test.
license and permit to carry firearms
outside of residence shall undergo a In addition to the above stated penalties
mandatory drug test to ensure that they in this Section, those found to be
are free from the use of dangerous positive for dangerous drugs use shall
drugs: Provided, That all persons who be subject to the provisions of Section
by the nature of their profession carry 15 of this Act.
firearms shall undergo drug testing;
Section 37. Issuance of False or Fraudulent
(c) Students of secondary and tertiary Drug Test Results. – Any person authorized,
schools. – Students of secondary and licensed or accredited under this Act and its
tertiary schools shall, pursuant to the implementing rules to conduct drug examination
related rules and regulations as or test, who issues false or fraudulent drug test
contained in the school's student results knowingly, willfully or through gross
handbook and with notice to the negligence, shall suffer the penalty of
parents, undergo a random drug imprisonment ranging from six (6) years and one
testing: Provided, That all drug testing (1) day to twelve (12) years and a fine ranging
expenses whether in public or private from One hundred thousand pesos
schools under this Section will be borne (P100,000.00) to Five hundred thousand pesos
by the government; (P500,000.00).

(d) Officers and employees of public and An additional penalty shall be imposed through
private offices. – Officers and the revocation of the license to practice his/her
employees of public and private offices, profession in case of a practitioner, and the
whether domestic or overseas, shall be closure of the drug testing center.
subjected to undergo a random drug
test as contained in the company's work Section 38. Laboratory Examination or Test on
rules and regulations, which shall be Apprehended/Arrested Offenders. – Subject to
borne by the employer, for purposes of
Section 15 of this Act, any person apprehended
reducing the risk in the workplace. Any or arrested for violating the provisions of this Act
officer or employee found positive for
shall be subjected to screening laboratory
use of dangerous drugs shall be dealt
examination or test within twenty-four (24)
with administratively which shall be a
hours, if the apprehending or arresting officer
ground for suspension or termination,
has reasonable ground to believe that the
subject to the provisions of Article 282 of person apprehended or arrested, on account of
the Labor Code and pertinent provisions physical signs or symptoms or other visible or
of the Civil Service Law;
outward manifestation, is under the influence of
dangerous drugs. If found to be positive, the
(e) Officers and members of the military, results of the screening laboratory examination
police and other law enforcement or test shall be challenged within fifteen (15)
days after receipt of the result through a (1) License number and address
confirmatory test conducted in any accredited of the pharmacist;
analytical laboratory equipment with a gas
chromatograph/mass spectrometry equipment or (2) Name, address and license
some such modern and accepted method, if of the manufacturer, importer or
confirmed the same shall be prima wholesaler from whom the
facie evidence that such person has used dangerous drugs have been
dangerous drugs, which is without prejudice for purchased;
the prosecution for other violations of the
provisions of this Act: Provided, That a positive
(3) Quantity and name of the
screening laboratory test must be confirmed for
dangerous drugs purchased or
it to be valid in a court of law.
acquired;

Section 39. Accreditation of Drug Testing

(4) Date of acquisition or
Centers and Physicians. – The DOH shall be
purchase;
tasked to license and accredit drug testing
centers in each province and city in order to
assure their capacity, competence, integrity and (5) Name, address and
stability to conduct the laboratory examinations community tax certificate
and tests provided in this Article, and appoint number of the buyer;
such technical and other personnel as may be
necessary for the effective implementation of (6) Serial number of the
this provision. The DOH shall also accredit prescription and the name of the
physicians who shall conduct the drug physician, dentist, veterinarian
dependency examination of a drug dependent or practitioner issuing the same;
as well as the after-care and follow-up program
for the said drug dependent. There shall be a (7) Quantity and name of the
control regulations, licensing and accreditation dangerous drugs sold or
division under the supervision of the DOH for delivered; and
this purpose.
(8) Date of sale or delivery.
For this purpose, the DOH shall establish,
operate and maintain drug testing centers in A certified true copy of such record
government hospitals, which must be provided covering a period of six (6) months, duly
at least with basic technologically advanced signed by the pharmacist or the owner
equipment and materials, in order to conduct the of the drugstore, pharmacy or chemical
laboratory examination and tests herein establishment, shall be forwarded to the
provided, and appoint such qualified and duly Board within fifteen (15) days following
trained technical and other personnel as may be the last day of June and December of
necessary for the effective implementation of each year, with a copy thereof furnished
this provision. the city or municipal health officer
concerned.
Section 40. Records Required for Transactions
on Dangerous Drug and Precursors and (b) A physician, dentist, veterinarian or
Essential Chemicals. – practitioner authorized to prescribe any
dangerous drug shall issue the
a) Every pharmacist dealing in prescription therefor in one (1) original
dangerous drugs and/or controlled and two (2) duplicate copies. The
precursors and essential chemicals shall original, after the prescription has been
maintain and keep an original record of filled, shall be retained by the
sales, purchases, acquisitions and pharmacist for a period of one (1) year
deliveries of dangerous drugs, indicating from the date of sale or delivery of such
therein the following information: drug. One (1) copy shall be retained by
the buyer or by the person to whom the
drug is delivered until such drug is
 consumed, while the second copy shall shall be primarily responsible for the education
be retained by the person issuing the and awareness of the members of the family on
prescription. the ill effects of dangerous drugs and close
monitoring of family members who may be
For purposes of this Act, all susceptible to drug abuse.
prescriptions issued by physicians,
dentists, veterinarians or practitioners Section 42. Student Councils and Campus
shall be written on forms exclusively Organizations. – All elementary, secondary and
issued by and obtainable from the DOH. tertiary schools' student councils and campus
Such forms shall be made of a special organizations shall include in their activities a
kind of paper and shall be distributed in program for the prevention of and deterrence in
such quantities and contain such the use of dangerous drugs, and referral for
information and other data as the DOH treatment and rehabilitation of students for drug
may, by rules and regulations, require. dependence.
Such forms shall only be issued by the
DOH through its authorized employees Section 43. School Curricula. – Instruction on
to licensed physicians, dentists, drug abuse prevention and control shall be
veterinarians and practitioners in such integrated in the elementary, secondary and
quantities as the Board may authorize. tertiary curricula of all public and private schools,
In emergency cases, however, as the whether general, technical, vocational or agro-
Board may specify in the public interest, industrial as well as in non-formal, informal and
a prescription need not be accomplished indigenous learning systems. Such instructions
on such forms. The prescribing shall include:
physician, dentist, veterinarian or
practitioner shall, within three (3) days (1) Adverse effects of the abuse and
after issuing such prescription, inform
misuse of dangerous drugs on the
the DOH of the same in writing. No
person, the family, the school and the
prescription once served by the
community;
drugstore or pharmacy be reused nor
any prescription once issued be refilled.
(2) Preventive measures against drug
abuse;
(c) All manufacturers, wholesalers,
distributors, importers, dealers and
retailers of dangerous drugs and/or (3) Health, socio-cultural, psychological,
controlled precursors and essential legal and economic dimensions and
chemicals shall keep a record of all implications of the drug problem;
inventories, sales, purchases,
acquisitions and deliveries of the same (4) Steps to take when intervention on
as well as the names, addresses and behalf of a drug dependent is needed,
licenses of the persons from whom such as well as the services available for the
items were purchased or acquired or to treatment and rehabilitation of drug
whom such items were sold or dependents; and
delivered, the name and quantity of the
same and the date of the transactions. (5) Misconceptions about the use of
Such records may be subjected anytime dangerous drugs such as, but not
for review by the Board. limited to, the importance and safety of
dangerous drugs for medical and
ARTICLE IV therapeutic use as well as the
differentiation between medical patients
Participation of the Family, Students, and drug dependents in order to avoid
Teachers and School Authorities in the confusion and accidental stigmatization
Enforcement of this Act in the consciousness of the students.

Section 41. Involvement of the Family. – The Section 44. Heads, Supervisors, and Teachers
family being the basic unit of the Filipino society of Schools. – For the purpose of enforcing the
provisions of Article II of this Act, all school educating the out-of-school youth and street
heads, supervisors and teachers shall be children regarding the pernicious effects of drug
deemed persons in authority and, as such, are abuse. The programs initiated by the Center
hereby empowered to apprehend, arrest or shall likewise be adopted in all public and private
cause the apprehension or arrest of any person orphanage and existing special centers for street
who shall violate any of the said provisions, children.
pursuant to Section 5, Rule 113 of the Rules of
Court. They shall be deemed persons in ARTICLE V
authority if they are in the school or within its
immediate vicinity, or even beyond such Promotion of a National Drug-Free
immediate vicinity if they are in attendance at Workplace Program With the Participation of
any school or class function in their official Private and Labor Sectors and the
capacity as school heads, supervisors, and Department of Labor and Employment
teachers.
Section 47. Drug-Free Workplace. – It is
Any teacher or school employee, who discovers
deemed a policy of the State to promote drug-
or finds that any person in the school or within
free workplaces using a tripartite approach. With
its immediate vicinity is liable for violating any of
the assistance of the Board, the Department of
said provisions, shall have the duty to report the Labor and Employment (DOLE) shall develop,
same to the school head or immediate superior promote and implement a national drug abuse
who shall, in turn, report the matter to the proper
prevention program in the workplace to be
authorities.
adopted by private companies with ten (10) or
more employees. Such program shall include
Failure to do so in either case, within a the mandatory drafting and adoption of company
reasonable period from the time of discovery of policies against drug use in the workplace in
the violation shall, after due hearing, constitute close consultation and coordination with the
sufficient cause for disciplinary action by the DOLE, labor and employer organizations,
school authorities. human resource development managers and
other such private sector organizations.
Section 45. Publication and Distribution of
Materials on Dangerous Drugs. – With the Section 48. Guidelines for the National Drug-
assistance of the Board, the Secretary of the Free Workplace Program. – The Board and the
Department of Education (DepEd), the DOLE shall formulate the necessary guidelines
Chairman of the Commission on Higher for the implementation of the national drug-free
Education (CHED) and the Director-General of workplace program. The amount necessary for
the Technical Education and Skills Development the implementation of which shall be included in
Authority (TESDA) shall cause the development, the annual General Appropriations Act.
publication and distribution of information and
support educational materials on dangerous ARTICLE VI
drugs to the students, the faculty, the parents,
and the community.
Participation of the Private and Labor
Sectors in the Enforcement of this Act
Section 46. Special Drug Education Center. –
With the assistance of the Board, the
Department of the Interior and Local Section 49. Labor Organizations and the Private
Government (DILG), the National Youth Sector. – All labor unions, federations,
Commission (NYC), and the Department of associations, or organizations in cooperation
Social Welfare and Development (DSWD) shall with the respective private sector partners shall
establish in each of its provincial office a special include in their collective bargaining or any
education drug center for out-of-school youth similar agreements, joint continuing programs
and street children. Such Center which shall be and information campaigns for the laborers
headed by the Provincial Social. Welfare similar to the programs provided under Section
Development Officer shall sponsor drug 47 of this Act with the end in view of achieving a
prevention programs and activities and drug free workplace.
information campaigns with the end in view of
Section 50. Government Assistance. – The Section 53. Effect of Board Declaration. – If the
labor sector and the respective partners may, in Board declares a place or premises to be a
pursuit of the programs mentioned in the public nuisance, it may declare an order
preceding Section, secure the technical immediately prohibiting the conduct, operation,
assistance, such as but not limited to, seminars or maintenance of any business or activity on
and information dissemination campaigns of the the premises which is conducive to such
appropriate government and law enforcement nuisance.
agencies.
An order entered under this Section shall expire
ARTICLE VII after one (1) year or at such earlier time as
stated in the order. The Board may bring a
Participation of Local Government Units complaint seeking a permanent injunction
against any nuisance described under this
Section 51. Local Government Units' Section.
Assistance. – Local government units shall
appropriate a substantial portion of their This Article does not restrict the right of any
respective annual budgets to assist in or person to proceed under the Civil Code against
enhance the enforcement of this Act giving any public nuisance.
priority to preventive or educational programs
and the rehabilitation or treatment of drug ARTICLE VIII
dependents.
Program for Treatment and Rehabilitation of
Section 52. Abatement of Drug Related Public Drug Dependents
Nuisances. – Any place or premises which have
been used on two or more occasions as the site Section 54. Voluntary Submission of a Drug
of the unlawful sale or delivery of dangerous Dependent to Confinement, Treatment and
drugs may be declared to be a public nuisance, Rehabilitation. – A drug dependent or any
and such nuisance may be abated, pursuant to person who violates Section 15 of this Act may,
the following procedures: by himself/herself or through his/her parent,
spouse, guardian or relative within the fourth
(1) Any city or municipality may, by degree of consanguinity or affinity, apply to the
ordinance, create an administrative Board or its duly recognized representative, for
board to hear complaints regarding the treatment and rehabilitation of the drug
nuisances; dependency. Upon such application, the Board
shall bring forth the matter to the Court which
(2) any employee, officer, or resident of shall order that the applicant be examined for
the city or municipality may bring a drug dependency. If the examination by a DOH-
complaint before the Board after giving accredited physician results in the issuance of a
not less than three (3) days written certification that the applicant is a drug
notice of such complaint to the owner of dependent, he/she shall be ordered by the Court
the place or premises at his/her last to undergo treatment and rehabilitation in a
known address; and Center designated by the Board for a period of
not less than six (6) months: Provided, That a
(3) After hearing in which the Board may drug dependent may be placed under the care
consider any evidence, including of a DOH-accredited physician where there is no
Center near or accessible to the residence of the
evidence of the general reputation of the
drug dependent or where said drug dependent is
place or premises, and at which the
below eighteen (18) years of age and is a first-
owner of the premises shall have an
opportunity to present evidence in time offender and non-confinement in a Center
his/her defense, the Board may declare will not pose a serious danger to his/her family
or the community.
the place or premises to be a public
nuisance.
Confinement in a Center for treatment and
rehabilitation shall not exceed one (1) year, after
which time the Court, as well as the Board, shall
be apprised by the head of the treatment and Upon certification of the Center that the drug
rehabilitation center of the status of said drug dependent within the voluntary submission
dependent and determine whether further program may be temporarily released, the Court
confinement will be for the welfare of the drug shall order his/her release on condition that said
dependent and his/her family or the community. drug dependent shall report to the DOH for after-
care and follow-up treatment, including urine
Section 55. Exemption from the Criminal testing, for a period not exceeding eighteen (18)
Liability Under the Voluntary Submission months under such terms and conditions that
Program. A drug dependent under the voluntary the Court may impose.
submission program, who is finally discharged
from confinement, shall be exempt from the If during the period of after-care and follow-up,
criminal liability under Section 15 of this act the drug dependent is certified to be
subject to the following conditions: rehabilitated, he/she may be discharged by the
Court, subject to the provisions of Section 55 of
(1) He/she has complied with the rules this Act, without prejudice to the outcome of any
and regulations of the center, the pending case filed in court.
applicable rules and regulations of the
Board, including the after-care and However, should the DOH find that during the
follow-up program for at least eighteen initial after-care and follow-up program of
(18) months following temporary eighteen (18) months, the drug dependent
discharge from confinement in the requires further treatment and rehabilitation in
Center or, in the case of a dependent the Center, he/she shall be recommitted to the
placed under the care of the DOH- Center for confinement. Thereafter, he/she may
accredited physician, the after-care again be certified for temporary release and
program and follow-up schedule ordered released for another after-care and
formulated by the DSWD and approved follow-up program pursuant to this Section.
by the Board: Provided, That capability-
building of local government social Section 57. Probation and Community Service
workers shall be undertaken by the Under the Voluntary Submission Program. – A
DSWD; drug dependent who is discharged as
rehabilitated by the DOH-accredited Center
(2) He/she has never been charged or through the voluntary submission program, but
convicted of any offense punishable does not qualify for exemption from criminal
under this Act, the Dangerous Drugs Act liability under Section 55 of this Act, may be
of 1972 or Republic Act No. 6425, as charged under the provisions of this Act, but
amended; the Revised Penal Code, as shall be placed on probation and undergo a
amended; or any special penal laws; community service in lieu of imprisonment
and/or fine in the discretion of the court, without
(3) He/she has no record of escape from prejudice to the outcome of any pending case
a Center: Provided, That had he/she filed in court.
escaped, he/she surrendered by
himself/herself or through his/her parent, Such drug dependent shall undergo community
spouse, guardian or relative within the service as part of his/her after-care and follow-
fourth degree of consanguinity or up program, which may be done in coordination
affinity, within one (1) week from the with nongovernmental civil organizations
date of the said escape; and accredited by the DSWD, with the
recommendation of the Board.
(4) He/she poses no serious danger to
himself/herself, his/her family or the Section 58. Filing of Charges Against a Drug
community by his/her exemption from Dependent Who is Not Rehabilitated Under the
criminal liability. Voluntary Submission Program. – A drug
dependent, who is not rehabilitated after the
Section 56. Temporary Release From the second commitment to the Center under the
Center; After-Care and Follow-Up Treatment voluntary submission program, shall, upon
Under the Voluntary Submission Program. – recommendation of the Board, be charged for
violation of Section 15 of this Act and representative, be confined for treatment and
prosecuted like any other offender. If convicted, rehabilitation in any Center duly designated or
he/she shall be credited for the period of accredited for the purpose.
confinement and rehabilitation in the Center in
the service of his/her sentence. A petition for the confinement of a person
alleged to be dependent on dangerous drugs to
Section 59. Escape and Recommitment for a Center may be filed by any person authorized
Confinement and Rehabilitation Under the by the Board with the Regional Trial Court of the
Voluntary Submission Program. – Should a drug province or city where such person is found.
dependent under the voluntary submission
program escape from the Center, he/she may After the petition is filed, the court, by an order,
submit himself/herself for recommitment within shall immediately fix a date for the hearing, and
one (1) week therefrom, or his/her parent, a copy of such order shall be served on the
spouse, guardian or relative within the fourth person alleged to be dependent on dangerous
degree of consanguinity or affinity may, within drugs, and to the one having charge of him.
said period, surrender him for recommitment, in
which case the corresponding order shall be
If after such hearing and the facts so warrant,
issued by the Board.
the court shall order the drug dependent to be
examined by two (2) physicians accredited by
Should the escapee fail to submit himself/herself the Board. If both physicians conclude that the
or be surrendered after one (1) week, the Board respondent is not a drug dependent, the court
shall apply to the court for a recommitment order shall order his/her discharge. If either physician
upon proof of previous commitment or his/her finds him to be a dependent, the court shall
voluntary submission by the Board, the court conduct a hearing and consider all relevant
may issue an order for recommitment within one evidence which may be offered. If the court finds
(1) week. him a drug dependent, it shall issue an order for
his/her commitment to a treatment and
If, subsequent to a recommitment, the rehabilitation center under the supervision of the
dependent once again escapes from DOH. In any event, the order of discharge or
confinement, he/she shall be charged for order of confinement or commitment shall be
violation of Section 15 of this Act and he issued not later than fifteen (15) days from the
subjected under section 61 of this Act, either filing of the appropriate petition.
upon order of the Board or upon order of the
court, as the case may be. Section 62. Compulsory Submission of a Drug
Dependent Charged with an Offense to
Section 60. Confidentiality of Records Under Treatment and Rehabilitation. – If a person
the Voluntary Submission Program. – Judicial charged with an offense where the imposable
and medical records of drug dependents under penalty is imprisonment of less than six (6)
the voluntary submission program shall be years and one (1) day, and is found by the
confidential and shall not be used against him prosecutor or by the court, at any stage of the
for any purpose, except to determine how many proceedings, to be a drug dependent, the
times, by himself/herself or through his/her prosecutor or the court as the case may be,
parent, spouse, guardian or relative within the shall suspend all further proceedings and
fourth degree of consanguinity or affinity, he/she transmit copies of the record of the case to the
voluntarily submitted himself/herself for Board.
confinement, treatment and rehabilitation or has
been committed to a Center under this program. In the event he Board determines, after medical
examination, that public interest requires that
Section 61. Compulsory Confinement of a Drug such drug dependent be committed to a center
Dependent Who Refuses to Apply Under the for treatment and rehabilitation, it shall file a
Voluntary Submission Program. – petition for his/her commitment with the regional
Notwithstanding any law, rule and regulation to trial court of the province or city where he/she is
the contrary, any person determined and found being investigated or tried: Provided, That where
to be dependent on dangerous drugs shall, upon a criminal case is pending in court, such petition
petition by the Board or any of its authorized shall be filed in the said court. The court shall
take judicial notice of the prior proceedings in Board through the DOH find at anytime during
the case and shall proceed to hear the petition. the after-care and follow-up period that he/she
If the court finds him to be a drug dependent, it requires further treatment and rehabilitation, it
shall order his/her commitment to a Center for shall report to the court, which shall order his/her
treatment and rehabilitation. The head of said recommitment to the Center.
Center shall submit to the court every four (4)
months, or as often as the court may require, a Should the drug dependent, having been
written report on the progress of the treatment. If committed to a Center upon petition by the
the dependent is rehabilitated, as certified by the Board escape therefrom, he/she may resubmit
center and the Board, he/she shall be returned himself/herself for confinement within one (1)
to the court, which committed him, for his/her week from the date of his/her escape; or his/her
discharge therefrom. parent, spouse, guardian or relative within the
fourth degree of consanguinity or affinity may,
Thereafter, his/her prosecution for any offense within the same period, surrender him for
punishable by law shall be instituted or shall recommitment. If, however, the drug dependent
continue, as the case may be. In case of does not resubmit himself/herself for
conviction, the judgment shall, if the accused is confinement or he/she is not surrendered for
certified by the treatment and rehabilitation recommitment, the Board may apply with the
center to have maintained good behavior, court for the issuance of the recommitment
indicate that he/she shall be given full credit for order. Upon proof of previous commitment, the
the period he/she was confined in the court shall issue an order for recommitment. If,
Center: Provided, however, That when the subsequent to such recommitment, he/she
offense is for violation of Section 15 of this Act should escape again, he/she shall no longer be
and the accused is not a recidivist, the penalty exempt from criminal liability for use of any
thereof shall be deemed to have been served in dangerous drug.
the Center upon his/her release therefrom after
certification by the Center and the Board that A drug dependent committed under this
he/she is rehabilitated. particular Section who is finally discharged from
confinement shall be exempt from criminal
Section 63. Prescription of the Offense Charged liability under Section 15 of this Act, without
Against a Drug Dependent Under the prejudice to the outcome of any pending case
Compulsory Submission Program. – The period filed in court. On the other hand, a drug
of prescription of the offense charged against a dependent who is not rehabilitated after a
drug dependent under the compulsory second commitment to the Center shall, upon
submission program shall not run during the conviction by the appropriate court, suffer the
time that the drug dependent is under same penalties provided for under Section 15 of
confinement in a Center or otherwise under the this Act again without prejudice to the outcome
treatment and rehabilitation program approved of any pending case filed in court.
by the Board.
Section 64. Confidentiality of Records Under
Upon certification of the Center that he/she may the Compulsory Submission Program. – The
temporarily be discharged from the said Center, records of a drug dependent who was
the court shall order his/her release on condition rehabilitated and discharged from the Center
that he/she shall report to the Board through the under the compulsory submission program, or
DOH for after-care and follow-up treatment for a who was charged for violation of Section 15 of
period not exceeding eighteen (18) months this Act, shall be covered by Section 60 of this
under such terms and conditions as may be Act. However, the records of a drug dependent
imposed by the Board. who was not rehabilitated, or who escaped but
did not surrender himself/herself within the
If at anytime during the after-care and follow-up prescribed period, shall be forwarded to the
period, the Board certifies to his/her complete court and their use shall be determined by the
rehabilitation, the court shall order his/her final court, taking into consideration public interest
discharge from confinement and order for the and the welfare of the drug dependent.
immediate resumption of the trial of the case for
which he/she is originally charged. Should the
Section 65. Duty of the Prosecutor in the Section 67. Discharge After Compliance with
Proceedings. – It shall be the duty of the Conditions of Suspended Sentence of a First-
provincial or the city prosecutor or their Time Minor Offender. – If the accused first time
assistants or state prosecutors to prepare the minor offender under suspended sentence
appropriate petition in all proceedings arising complies with the applicable rules and
from this Act. regulations of the Board, including confinement
in a Center, the court, upon a favorable
Section 66. Suspension of Sentence of a First- recommendation of the Board for the final
Time Minor Offender. – An accused who is over discharge of the accused, shall discharge the
fifteen (15) years of age at the time of the accused and dismiss all proceedings.
commission of the offense mentioned in Section
11 of this Act, but not more than eighteen (18) Upon the dismissal of the proceedings against
years of age at the time when judgment should the accused, the court shall enter an order to
have been promulgated after having been found expunge all official records, other than the
guilty of said offense, may be given the benefits confidential record to be retained by the DOJ
of a suspended sentence, subject to the relating to the case. Such an order, which shall
following conditions: be kept confidential, shall restore the accused to
his/her status prior to the case. He/she shall not
(a) He/she has not been previously be held thereafter to be guilty of perjury or of
convicted of violating any provision of concealment or misrepresentation by reason of
this Act, or of the Dangerous Drugs Act his/her failure to acknowledge the case or recite
of 1972, as amended; or of the Revised any fact related thereto in response to any
Penal Code; or of any special penal inquiry made of him for any purpose.
laws;
Section 68. Privilege of Suspended Sentence to
(b) He/she has not been previously be Availed of Only Once by a First-Time Minor
committed to a Center or to the care of a Offender. – The privilege of suspended
DOH-accredited physician; and sentence shall be availed of only once by an
accused drug dependent who is a first-time
(c) The Board favorably recommends offender over fifteen (15) years of age at the
time of the commission of the violation of
that his/her sentence be suspended.
Section 15 of this Act but not more than
eighteen (18) years of age at the time when
While under suspended sentence, he/she shall judgment should have been promulgated.
be under the supervision and rehabilitative
surveillance of the Board, under such conditions
Section 69. Promulgation of Sentence for First-
that the court may impose for a period ranging
Time Minor Offender. – If the accused first-time
from six (6) months to eighteen (18) months.
minor offender violates any of the conditions of
his/her suspended sentence, the applicable
Upon recommendation of the Board, the court rules and regulations of the Board exercising
may commit the accused under suspended supervision and rehabilitative surveillance over
sentence to a Center, or to the care of a DOH- him, including the rules and regulations of the
accredited physician for at least six (6) months, Center should confinement be required, the
with after-care and follow-up program for not court shall pronounce judgment of conviction
more than eighteen (18) months. and he/she shall serve sentence as any other
convicted person.
In the case of minors under fifteen (15) years of
age at the time of the commission of any offense Section 70. Probation or Community Service for
penalized under this Act, Article 192 of a First-Time Minor Offender in Lieu of
Presidential Decree No. 603, otherwise known Imprisonment. – Upon promulgation of the
as the Child and Youth Welfare Code, as sentence, the court may, in its discretion, place
amended by Presidential Decree No. 1179 shall the accused under probation, even if the
apply, without prejudice to the application of the sentence provided under this Act is higher than
provisions of this Section. that provided under existing law on probation, or
impose community service in lieu of
imprisonment. In case of probation, the than those charged with the prosecution of the
supervision and rehabilitative surveillance shall offenses under this Act and its implementation.
be undertaken by the Board through the DOH in The maximum penalty shall be imposed, in
coordination with the Board of Pardons and addition to absolute perpetual disqualification
Parole and the Probation Administration. Upon from any public office, when the offender is a
compliance with the conditions of the probation, government official or employee. Should the
the Board shall submit a written report to the records be used for unlawful purposes, such as
court recommending termination of probation blackmail of the drug dependent or the members
and a final discharge of the probationer, of his/her family, the penalty imposed for the
whereupon the court shall issue such an order. crime of violation of confidentiality shall be in
addition to whatever crime he/she may be
The community service shall be complied with convicted of.
under conditions, time and place as may be
determined by the court in its discretion and Section 73. Liability of a Parent, Spouse or
upon the recommendation of the Board and Guardian Who Refuses to Cooperate with the
shall apply only to violators of Section 15 of this Board or any Concerned Agency. – Any parent,
Act. The completion of the community service spouse or guardian who, without valid reason,
shall be under the supervision and rehabilitative refuses to cooperate with the Board or any
surveillance of the Board during the period concerned agency in the treatment and
required by the court. Thereafter, the Board shall rehabilitation of a drug dependent who is a
render a report on the manner of compliance of minor, or in any manner, prevents or delays the
said community service. The court in its after-care, follow-up or other programs for the
discretion may require extension of the welfare of the accused drug dependent, whether
community service or order a final discharge. under voluntary submission program or
compulsory submission program, may be cited
In both cases, the judicial records shall be for contempt by the court.
covered by the provisions of Sections 60 and 64
of this Act. Section 74. Cost-Sharing in the Treatment and
Rehabilitation of a Drug Dependent. – The
If the sentence promulgated by the court parent, spouse, guardian or any relative within
requires imprisonment, the period spent in the the fourth degree of consanguinity of any person
Center by the accused during the suspended who is confined under the voluntary submission
sentence period shall be deducted from the program or compulsory submission program
sentence to be served. shall be charged a certain percentage of the
cost of his/her treatment and rehabilitation, the
Section 71. Records to be kept by the guidelines of which shall be formulated by the
Department of Justice. – The DOJ shall keep a DSWD taking into consideration the economic
status of the family of the person confined. The
confidential record of the proceedings on
guidelines therein formulated shall be
suspension of sentence and shall not be used
implemented by a social worker of the local
for any purpose other than to determine whether
or not a person accused under this Act is a first- government unit.
time minor offender.
Section 75. Treatment and Rehabilitation
Centers. – The existing treatment and
Section 72. Liability of a Person Who Violates
the Confidentiality of Records. – The penalty of rehabilitation centers for drug dependents
imprisonment ranging from six (6) months and operated and maintained by the NBI and the
PNP shall be operated, maintained and
one (1) day to six (6) years and a fine ranging
managed by the DOH in coordination with other
from One thousand pesos (P1,000.00) to Six
concerned agencies. For the purpose of
thousand pesos (P6,000.00), shall be imposed
enlarging the network of centers, the Board
upon any person who, having official custody of
or access to the confidential records of any drug through the DOH shall encourage, promote or
dependent under voluntary submission whenever feasible, assist or support in the
establishment, operations and maintenance of
programs, or anyone who, having gained
private centers which shall be eligible to receive
possession of said records, whether lawfully or
grants, donations or subsidy from either
not, reveals their content to any person other
government or private sources. It shall also (6) Charge reasonable fees for drug
support the establishment of government- dependency examinations, other
operated regional treatment and rehabilitation medical and legal services provided to
centers depending upon the availability of funds. the public, which shall accrue to the
The national government, through its Board. All income derived from these
appropriate agencies shall give priority funding sources shall be part of the funds
for the increase of subsidy to existing constituted as special funds for the
government drug rehabilitation centers, and implementation of this Act under Section
shall establish at least one (1) drug rehabilitation 87.
center in each province, depending on the
availability of funds. ARTICLE IX

Section 76. The Duties and Responsibilities of Dangerous Drugs Board and Philippine Drug
the Department of health (DOH) Under this Act. Enforcement Agency
– The DOH shall:
Section 77. The Dangerous Drugs Board. – The
(1) Oversee the monitor the integration, Board shall be the policy-making and strategy-
coordination and supervision of all drug formulating body in the planning and formulation
rehabilitation, intervention, after-care of policies and programs on drug prevention and
and follow-up programs, projects and control. It shall develop and adopt a
activities as well as the establishment, comprehensive, integrated, unified and balanced
operations, maintenance and national drug abuse prevention and control
management of privately-owned drug strategy. It shall be under the Office of the
treatment rehabilitation centers and drug President.
testing networks and laboratories
throughout the country in coordination Section 78. Composition of the Board. – The
with the DSWD and other agencies;
Board shall be composed of seventeen (17)
members wherein three (3) of which are
(2) License, accredit, establish and permanent members, the other twelve (12)
maintain drug test network and members shall be in an ex officio capacity and
laboratory, initiate, conduct and support the two (2) shall be regular members.
scientific research on drugs and drug
control;
The three (3) permanent members, who shall
possess at least seven-year training and
(3) Encourage, assist and accredit experience in the field of dangerous drugs and
private centers, promulgate rules and in any of the following fields: in law, medicine,
regulations setting minimum standards criminology, psychology or social work, shall be
for their accreditation to assure their appointed by the President of the Philippines.
competence, integrity and stability; The President shall designate a Chairman, who
shall have the rank of a secretary from among
(4) Prescribe and promulgate rules and the three (3) permanent members who shall
regulations governing the establishment serve for six (6) years. Of the two (2) other
of such Centers as it may deem members, who shall both have the rank of
necessary after conducting a feasibility undersecretary, one (1) shall serve for four (4)
study thereof; years and the other for two (2) years. Thereafter,
the persons appointed to succeed such
(5) The DOH shall, without prejudice to members shall hold office for a term of six (6)
the criminal prosecution of those found years and until their successors shall have been
guilty of violating this Act, order the duly appointed and qualified.
closure of a Center for treatment and
rehabilitation of drug dependency when, The other twelve (12) members who shall be ex
after investigation it is found guilty of officio members of the Board are the following:
violating the provisions of this Act or
regulations issued by the Board; and
 (1) Secretary of the Department of dangerous drug campaign to be
Justice or his/her representative; appointed by the President of the
Philippines.
(2) Secretary of the Department of
Health or his/her representative; The Director of the NBI and the Chief of the PNP
shall be the permanent consultants of the Board,
(3) Secretary of the Department of and shall attend all the meetings of the Board.
National Defense or his/her
representative; All members of the Board as well as its
permanent consultants shall receive a per diem
(4) Secretary of the Department of for every meeting actually attended subject to
Finance or his/her representative; the pertinent budgetary laws, rules and
regulations on compensation, honoraria and
allowances: Provided, That where the
(5) Secretary of the Department of
representative of an ex officio member or of the
Labor and Employment or his/her
permanent consultant of the Board attends a
representative;
meeting in behalf of the latter, such
representative shall be entitled to receive the per
(6) Secretary of the Department of the diem.
Interior and Local Government or his/her
representative;
Section 79. Meetings of the Board. – The Board
shall meet once a week or as often as
(7) Secretary of the Department of necessary at the discretion of the Chairman or at
Social Welfare and Development or the call of any four (4) other members. The
his/her representative; presence of nine (9) members shall constitute a
quorum.
(8) Secretary of the Department of
Foreign Affairs or his/her representative; Section 80. Secretariat of the Board. – The
Board shall recommend to the President of the
(9) Secretary of the Department of Philippines the appointment of an Executive
Education or his/her representative; Director, with the rank of an undersecretary, who
shall be the Secretary of the Board and
(10) Chairman of the Commission on administrative officer of its secretariat, and shall
Higher Education or his/her perform such other duties that may be assigned
representative; to him/her. He/she must possess adequate
knowledge, training and experience in the field
(11) Chairman of the National Youth of dangerous drugs, and in any of the following
Commission; fields: law enforcement, law, medicine,
criminology, psychology or social work.
(12) Director General of the Philippine
Drug Enforcement Agency. Two deputies executive director, for
administration and operations, with the ranks of
assistant secretary, shall be appointed by the
Cabinet secretaries who are members of the
President upon recommendation of the Board.
Board may designate their duly authorized and
They shall possess the same qualifications as
permanent representatives whose ranks shall in
those of the executive director. They shall
no case be lower than undersecretary.
receive a salary corresponding to their position
as prescribed by the Salary Standardization Law
The two (2) regular members shall be as follows: as a Career Service Officer.

(a) The president of the Integrated Bar The existing secretariat of the Board shall be
of the Philippines; and under the administrative control and supervision
of the Executive Director. It shall be composed
(b) The chairman or president of a non- of the following divisions, namely: Policy
government organization involved in Studies, Research and Statistics; Preventive
Education, Training and Information; Legal (f) Conduct continuing seminars for, and
Affairs; and the Administrative and Financial consultations with, and provide
Management. information materials to judges and
prosecutors in coordination with the
Section 81. Powers and Duties of the Board. – Office of the Court Administrator, in the
The Board shall: case of judges, and the DOJ, in the
case of prosecutors, which aim to
(a) Formulate, develop and establish a provide them with the current
comprehensive, integrated, unified and developments and programs of the
Board pertinent to its campaign against
balanced national drug use prevention
dangerous drugs and its scientific
and control strategy;
researches on dangerous drugs, its
prevention and control measures;
(b) Promulgate such rules and
regulations as may be necessary to
(g) Design special trainings in order to
carry out the purposes of this Act,
provide law enforcement officers,
including the manner of safekeeping,
members of the judiciary, and
disposition, burning or condemnation of
prosecutors, school authorities and
any dangerous drug and/or controlled
precursor and essential chemical under personnel of centers with knowledge
its charge and custody, and prescribe and know-how in dangerous drugs
and/or controlled precursors and
administrative remedies or sanctions for
essential chemicals control in
the violations of such rules and
coordination with the Supreme Court to
regulations;
meet the objectives of the national drug
control programs;
(c) Conduct policy studies, program
monitoring and evaluations and other
(h) Design and develop, in consultation
researches on drug prevention, control
and coordination with the DOH, DSWD
and enforcement;
and other agencies involved in drugs
control, treatment and rehabilitation,
(d) Initiate, conduct and support both public and private, a national
scientific, clinical, social, psychological, treatment and rehabilitation program for
physical and biological researches on drug dependents including a standard
dangerous drugs and dangerous drugs aftercare and community service
prevention and control measures; program for recovering drug
dependents;
(e) Develop an educational program and
information drive on the hazards and (i) Design and develop, jointly with the
prevention of illegal use of any DOLE and in consultation with labor and
dangerous drug and/or controlled employer groups as well as
precursor and essential chemical based nongovernment organizations a drug
on factual data, and disseminate the abuse prevention program in the
same to the general public, for which workplace that would include a provision
purpose the Board shall endeavor to for employee assistance programs for
make the general public aware of the emotionally-stressed employees;
hazards of any dangerous drugs and/or
controlled precursor and essential
(j) Initiate and authorize closure
chemical by providing among others,
proceedings against non-accredited
literature, films, displays or
and/or substandard rehabilitation
advertisements and by coordinating with
all institutions of learning as well as with centers based on verified reports of
all national and local enforcement human rights violations, subhuman
conditions, inadequate medical training
agencies in planning and conducting its
and assistance and excessive fees for
educational campaign programs to be
implementation by the PDEA;
implemented by the appropriate
government agencies;
(k) Prescribe and promulgate rules and attended for statistics and research
regulations governing the establishment purposes;
of such centers, networks and
laboratories as deemed necessary after (p) Receive in trust legacies, gifts and
conducting a feasibility study in donations of real and personal
coordination with the DOH and other properties of all kinds, to administer and
government agencies; dispose the same when necessary for
the benefit of government and private
(l) Receive, gather, collect and evaluate rehabilitation centers subject to
all information on the importation, limitations, directions and instructions
exportation, production, manufacture, from the donors, if any;
sale, stocks, seizures of and the
estimated need for any dangerous drug (q) Issue guidelines as to the approval
and/or controlled precursor and or disapproval of applications for
essential chemical, for which purpose voluntary treatment, rehabilitation or
the Board may require from any official, confinement, wherein it shall issue the
instrumentality or agency of the necessary guidelines, rules and
government or any private person or regulations pertaining to the application
enterprise dealing in, or engaged in and its enforcement;
activities having to do with any
dangerous drug and/or controlled
(r) Formulate guidelines, in coordination
precursors and essential chemicals
with other government agencies, the
such data or information as it may need
importation, distribution, production,
to implement this Act;
manufacture, compounding,
prescription, dispensing and sale of, and
(m) Gather and prepare detailed other lawful acts in connection with any
statistics on the importation, exportation, dangerous drug, controlled precursors
manufacture, stocks, seizures of and and essential chemicals and other
estimates need for any dangerous drug similar or analogous substances of such
and/or controlled precursors and kind and in such quantity as it may
essential chemicals and such other deem necessary according to the
statistical data on said drugs as may be medical and research needs or
periodically required by the United requirements of the country including
Nations Narcotics Drug Commission, diet pills containing ephedrine and other
the World Health Organization and other addictive chemicals and determine the
international organizations in quantity and/or quality of dangerous
consonance with the country's drugs and controlled precursors and
international commitments; essential chemicals to be imported,
manufactured and held in stock at any
(n) Develop and maintain international given time by authorized importer,
networking coordination with manufacturer or distributor of such
international drug control agencies and drugs;
organizations, and implement the
provisions of international conventions (s) Develop the utilization of a controlled
and agreements thereon which have delivery scheme in addressing the
been adopted and approved by the transshipment of dangerous drugs into
Congress of the Philippines; and out of the country to neutralize
transnational crime syndicates involved
(o) Require all government and private in illegal trafficking of any dangerous
hospitals, clinics, doctors, dentists and drugs and/or controlled precursors and
other practitioners to submit a report to essential chemicals;
it, in coordination with the PDEA, about
all dangerous drugs and/or controlled (t) Recommend the revocation of the
precursors and essential chemicals- professional license of any practitioner
related cases to which they have who is an owner, co-owner, lessee, or in
 the employ of the drug establishment, or appointed by the President of the Philippines
manager of a partnership, corporation, and shall perform such other duties that may be
association, or any juridical entity assigned to him/her. He/she must possess
owning and/or controlling such drug adequate knowledge, training and experience in
establishment, and who knowingly the field of dangerous drugs, and in any of the
participates in, or consents to, tolerates, following fields: law enforcement, law, medicine,
or abets the commission of the act of criminology, psychology or social work.
violations as indicated in the preceding
paragraph, all without prejudice to the The Director General of the PDEA shall be
criminal prosecution of the person assisted in the performance of his/her duties and
responsible for the said violation; responsibilities by two (2) deputies director
general with the rank of Assistant Secretary; one
(u) Appoint such technical, for Operations and the other one for
administrative and other personnel as Administration. The two (2) deputies director
may be necessary for the effective general shall likewise be appointed by the
implementation of this Act, subject to the President of the Philippines upon
Civil Service Law and its rules and recommendation of the Board. The two (2)
regulations; deputies director general shall possess the
same qualifications as those of the Director
(v) Establish a regular and continuing General of the PDEA. The Director General and
consultation with concerned government the two (2) deputies director general shall
agencies and medical professional receive the compensation and salaries as
organizations to determine if balance prescribed by law.
exists in policies, procedures, rules and
regulations on dangerous drugs and to Section 83. Organization of the PDEA. – The
provide recommendations on how the present Secretariat of the National Drug Law
lawful use of dangerous drugs can be Enforcement and Prevention Coordinating
improved and facilitated; and Center as created by Executive Order No. 61
shall be accordingly modified and absorbed by
(w) Submit an annual and periodic the PDEA.
reports to the President, the Congress
of the Philippines and the Senate and The Director General of the PDEA shall be
House of Representatives committees responsible for the necessary changes in the
concerned as may be required from time organizational set-up which shall be submitted to
to time, and perform such other the Board for approval.
functions as may be authorized or
required under existing laws and as For purposes of carrying out its duties and
directed by the President himself/herself powers as provided for in the succeeding
or as recommended by the Section of this Act, the PDEA shall have the
congressional committees concerned. following Services, namely: Intelligence and
Investigation; International Cooperation and
Section 82. Creation of the Philippine Drug Foreign Affairs; Preventive Education and
Enforcement Agency (PDEA). – To carry out the Community Involvement; Plans and Operations;
provisions of this Act, the PDEA, which serves Compliance; Legal and Prosecution;
as the implementing arm of the Board, and shall Administrative and Human Resource; Financial
be responsible for the efficient and effective law Management; Logistics Management; and
enforcement of all the provisions on any Internal Affairs.
dangerous drug and/or controlled precursor and
essential chemical as provided in this Act. The PDEA shall establish and maintain regional
offices in the different regions of the country
The PDEA shall be headed by a Director which shall be responsible for the
General with the rank of Undersecretary, who implementation of this Act and the policies,
shall be responsible for the general programs, and projects of said agency in their
administration and management of the Agency. respective regions.
The Director General of the PDEA shall be
Section 84. Powers and Duties of the PDEA. – or confiscated drugs, thereby hastening
The PDEA shall: its destruction without delay;

(a) Implement or cause the efficient and (g) Recommend to the DOJ the
effective implementation of the national forfeiture of properties and other assets
drug control strategy formulated by the of persons and/or corporations found to
Board thereby carrying out a national be violating the provisions of this Act
drug campaign program which shall and in accordance with the pertinent
include drug law enforcement, control provisions of the Anti-Money-Laundering
and prevention campaign with the Act of 2001;
assistance of concerned government
agencies; (h) Prepare for prosecution or cause the
filing of appropriate criminal and civil
(b) Undertake the enforcement of the cases for violation of all laws on
provisions of Article II of this Act relative dangerous drugs, controlled precursors
to the unlawful acts and penalties and essential chemicals, and other
involving any dangerous drug and/or similar controlled substances, and
controlled precursor and essential assist, support and coordinate with other
chemical and investigate all violators government agencies for the proper and
and other matters involved in the effective prosecution of the same;
commission of any crime relative to the
use, abuse or trafficking of any (i) Monitor and if warranted by
dangerous drug and/or controlled circumstances, in coordination with the
precursor and essential chemical as Philippine Postal Office and the Bureau
provided for in this Act and the of Customs, inspect all air cargo
provisions of Presidential Decree No. packages, parcels and mails in the
1619; central post office, which appear from
the package and address itself to be a
(c) Administer oath, possible importation of dangerous drugs
issue subpoena and subpoena duces and/or controlled precursors and
tecum relative to the conduct of essential chemicals, through on-line or
investigation involving the violations of cyber shops via the internet or
this Act; cyberspace;

(d) Arrest and apprehend as well as (j) Conduct eradication programs to

search all violators and seize or destroy wild or illegal growth of plants
confiscate, the effects or proceeds of from which dangerous drugs may be
the crimes as provided by law and take extracted;
custody thereof, for this purpose the
prosecutors and enforcement agents (k) Initiate and undertake the formation
are authorized to possess firearms, in of a nationwide organization which shall
accordance with existing laws; coordinate and supervise all activities
against drug abuse in every province,
(e) Take charge and have custody of all city, municipality and barangay with the
dangerous drugs and/or controlled active and direct participation of all such
precursors and essential chemicals local government units and
seized, confiscated or surrendered to nongovernmental organizations,
any national, provincial or local law including the citizenry, subject to the
enforcement agency, if no longer provisions of previously formulated
needed for purposes of evidence in programs of action against dangerous
court; drugs;

(f) Establish forensic laboratories in (l) Establish and maintain a national

each PNP office in every province and drug intelligence system in cooperation
city in order to facilitate action on seize with law enforcement agencies, other
government agencies/offices and local (r) Submit an annual and periodic
government units that will assist in its reports to the Board as may be required
apprehension of big-time drug lords; from time to time, and perform such
other functions as may be authorized or
(m) Establish and maintain close required under existing laws and as
coordination, cooperation and linkages directed by the President himself/herself
with international drug control and or as recommended by the
administration agencies and congressional committees concerned.
organizations, and implement the
applicable provisions of international Section 85. The PDEA Academy. – Upon the
conventions and agreements related to approval of the Board, the PDEA Academy shall
dangerous drugs to which the be established either in Baguio or Tagaytay City,
Philippines is a signatory; and in such other places as may be necessary.
The PDEA Academy shall be responsible in the
(n) Create and maintain an efficient recruitment and training of all PDEA agents and
special enforcement unit to conduct an personnel. The Board shall provide for the
investigation, file charges and transmit qualifications and requirements of its recruits
evidence to the proper court, wherein who must be at least twenty-one (21) years old,
members of the said unit shall possess of proven integrity and honesty and a
suitable and adequate firearms for their Baccalaureate degree holder.
protection in connection with the
performance of their duties: Provided, The graduates of the Academy shall later
That no previous special permit for such comprise the operating units of the PDEA after
possession shall be required; the termination of the transition period of five (5)
years during which all the intelligence network
(o) Require all government and private and standard operating procedures of the PDEA
hospitals, clinics, doctors, dentists and has been set up and operationalized.
other practitioners to submit a report to
it, in coordination with the Board, about The Academy shall be headed by a
all dangerous drugs and/or controlled Superintendent, with the rank of Director.
precursors and essential chemicals He/she shall be appointed by the PDEA Director
which they have attended to for data General.
and information purposes;
Section 86. Transfer, Absorption, and
(p) Coordinate with the Board for the Integration of All Operating Units on Illegal
facilitation of the issuance of necessary Drugs into the PDEA and Transitory Provisions.
guidelines, rules and regulations for the – The Narcotics Group of the PNP, the Narcotics
proper implementation of this Act; Division of the NBI and the Customs Narcotics
Interdiction Unit are hereby abolished; however
(q) Initiate and undertake a national they shall continue with the performance of their
campaign for drug prevention and drug task as detail service with the PDEA, subject to
control programs, where it may enlist screening, until such time that the organizational
the assistance of any department, structure of the Agency is fully operational and
bureau, office, agency or instrumentality the number of graduates of the PDEA Academy
of the government, including is sufficient to do the task themselves: Provided,
government-owned and or –controlled That such personnel who are affected shall have
corporations, in the anti-illegal drugs the option of either being integrated into the
drive, which may include the use of their PDEA or remain with their original mother
respective personnel, facilities, and agencies and shall, thereafter, be immediately
resources for a more resolute detection reassigned to other units therein by the head of
and investigation of drug-related crimes such agencies. Such personnel who are
and prosecution of the drug traffickers; transferred, absorbed and integrated in the
and PDEA shall be extended appointments to
positions similar in rank, salary, and other
emoluments and privileges granted to their
respective positions in their original mother That no amount shall be disbursed to cover the
agencies. operating expenses of the Board and other
concerned agencies: Provided, further, That at
The transfer, absorption and integration of the least fifty percent (50%) of all the funds shall be
different offices and units provided for in this reserved for assistance to government-owned
Section shall take effect within eighteen (18) and/or operated rehabilitation centers.
months from the effectivity of this Act: Provided,
That personnel absorbed and on detail service The fines shall be remitted to the Board by the
shall be given until five (5) years to finally decide court imposing such fines within thirty (30) days
to join the PDEA. from the finality of its decisions or orders. The
unclaimed and forfeited prizes shall be turned
Nothing in this Act shall mean a diminution of over to the Board by the PCSO within thirty (30)
the investigative powers of the NBI and the PNP days after these are collected and declared
on all other crimes as provided for in their forfeited.
respective organic laws: Provided, however,
That when the investigation being conducted by A portion of the funds generated by the
the NBI, PNP or any ad hoc anti-drug task force Philippine Amusement and Gaming Corporation
is found to be a violation of any of the provisions (PAGCOR) in the amount of Five million pesos
of this Act, the PDEA shall be the lead agency. (P5,000,000.00) a month shall be set aside for
The NBI, PNP or any of the task force shall the purpose of establishing adequate drug
immediately transfer the same to the rehabilitation centers in the country and also for
PDEA: Provided, further, That the NBI, PNP and the maintenance and operations of such
the Bureau of Customs shall maintain close centers: Provided, That the said amount shall be
coordination with the PDEA on all drug related taken from the fifty percent (50%) share of the
matters. National Government in the income of
PAGCOR: Provided, further, That the said
ARTICLE X amount shall automatically be remitted by
PAGCOR to the Board. The amount shall, in
Appropriations, Management of Funds and turn, be disbursed by the Dangerous Drugs
Annual Report Board, subject to the rules and regulations of the
Commission on Audit (COA).
Section 87. Appropriations. – The amount
The fund may be augmented by grants,
necessary for the operation of the Board and the
PDEA shall be charged against the current donations, and endowment from various
year's appropriations of the Board, the National sources, domestic or foreign, for purposes
related to their functions, subject to the existing
Drug Law Enforcement and Prevention
guidelines set by the government.
Coordinating Center, the Narcotics Group of the
PNP, the Narcotics Division of the NBI and other
drug abuse units of the different law Section 88. Management of Funds Under this
enforcement agencies integrated into the PDEA Act; Annual Report by the Board and the
in order to carry out the provisions of this Act. PDEA. – The Board shall manage the funds as it
Thereafter, such sums as may be necessary for may deem proper for the attainment of the
the continued implementation of this Act shall be objectives of this Act. In addition to the periodic
included in the annual General Appropriations reports as may be required under this Act, the
Act. Chairman of the Board shall submit to the
President of the Philippines and to the presiding
officers of both houses of Congress, within
All receipts derived from fines, fees and other
fifteen (15) days from the opening of the regular
income authorized and imposed in this Act,
session, an annual report on the dangerous
including ten percent (10%) of all unclaimed and
forfeited sweepstakes and lotto prizes but not drugs situation in the country which shall include
less than twelve million pesos (P12,000,000.00) detailed account of the programs and projects
undertaken, statistics on crimes related to
per year from the Philippine Charity
dangerous drugs, expenses incurred pursuant to
Sweepstakes Office (PCSO), are hereby
the provisions of this Act, recommended
constituted as a special account in the general
fund for the implementation of this Act: Provided,
remedial legislation, if needed, and such other agencies or any other government official and
relevant facts as it may deem proper to cite. employee who, after due notice, fails or refuses
intentionally or negligently, to appear as a
Section 89. Auditing the Accounts and witness for the prosecution in any proceedings,
Expenses of the Board and the PDEA. – All involving violations of this Act, without any valid
accounts and expenses of the Board and the reason, shall be punished with imprisonment of
PDEA shall be audited by the COA or its duly not less than twelve (12) years and one (1) day
authorized representative. to twenty (20) years and a fine of not less than
Five hundred thousand pesos (P500,000.00), in
ARTICLE XI addition to the administrative liability he/she may
be meted out by his/her immediate superior
and/or appropriate body.
Jurisdiction Over Dangerous Drugs Cases
The immediate superior of the member of the
Section 90. Jurisdiction. – The Supreme Court law enforcement agency or any other
shall designate special courts from among the government employee mentioned in the
existing Regional Trial Courts in each judicial preceding paragraph shall be penalized with
region to exclusively try and hear cases imprisonment of not less than two (2) months
involving violations of this Act. The number of and one (1) day but not more than six (6) years
courts designated in each judicial region shall be and a fine of not less than Ten thousand pesos
based on the population and the number of (P10,000.00) but not more than Fifty thousand
cases pending in their respective jurisdiction. pesos (P50,000.00) and in addition, perpetual
absolute disqualification from public office if
The DOJ shall designate special prosecutors to despite due notice to them and to the witness
exclusively handle cases involving violations of concerned, the former does not exert
this Act. reasonable effort to present the latter to the
court.
The preliminary investigation of cases filed
under this Act shall be terminated within a period The member of the law enforcement agency or
of thirty (30) days from the date of their filing. any other government employee mentioned in
the preceding paragraphs shall not be
When the preliminary investigation is conducted transferred or re-assigned to any other
by a public prosecutor and a probable cause is government office located in another territorial
established, the corresponding information shall jurisdiction during the pendency of the case in
be filed in court within twenty-four (24) hours court. However, the concerned member of the
from the termination of the investigation. If the law enforcement agency or government
preliminary investigation is conducted by a judge employee may be transferred or re-assigned for
and a probable cause is found to exist, the compelling reasons: Provided, That his/her
corresponding information shall be filed by the immediate superior shall notify the court where
proper prosecutor within forty-eight (48) hours the case is pending of the order to transfer or re-
from the date of receipt of the records of the assign, within twenty-four (24) hours from its
case. approval; Provided, further, That his/her
immediate superior shall be penalized with
Trial of the case under this Section shall be imprisonment of not less than two (2) months
finished by the court not later than sixty (60) and one (1) day but not more than six (6) years
days from the date of the filing of the and a fine of not less than Ten thousand pesos
information. Decision on said cases shall be (P10,000.00) but not more than Fifty thousand
rendered within a period of fifteen (15) days from pesos (P50,000.00) and in addition, perpetual
the date of submission of the case for resolution. absolute disqualification from public office,
should he/she fail to notify the court of such
order to transfer or re-assign.
Section 91. Responsibility and Liability of Law
Enforcement Agencies and other Government
Officials and Employees in Testifying as Prosecution and punishment under this Section
Prosecution Witnesses in Dangerous Drugs shall be without prejudice to any liability for
Cases. – Any member of law enforcement violation of any existing law.
Section 92. Delay and Bungling in the (f) Risk to public health; and
Prosecution of Drug Cases. – Any government
officer or employee tasked with the prosecution (g) Whether the substance is an
of drug-related cases under this act, who, immediate precursor of a substance
through patent laxity, inexcusable neglect, already controlled under this Act.
unreasonable delay or deliberately causes the
unsuccessful prosecution and/or dismissal of the
The Board shall also take into accord the
said drug cases, shall suffer the penalty of obligations and commitments to international
imprisonment ranging from twelve (12) years treaties, conventions and agreements to which
and one (1) day to twenty (20) years without
the Philippines is a signatory.
prejudice to his/her prosecution under the
pertinent provisions of the Revised Penal Code.
The Dangerous Drugs Board shall give notice to
the general public of the public hearing of the
Section 93. Reclassification, Addition or
reclassification, addition to or removal from the
Removal of Any Drug from the List of Dangerous
list of any drug by publishing such notice in any
Drugs. – The Board shall have the power to
newspaper of general circulation once a week
reclassify, add to or remove from the list of
for two (2) weeks.
dangerous drugs. Proceedings to reclassify,
add, or remove a drug or other substance may
be initiated by the PDEA, the DOH, or by petition The effect of such reclassification, addition or
from any interested party, including the removal shall be as follows:
manufacturer of a drug, a medical society or
association, a pharmacy association, a public (a) In case a dangerous drug is
interest group concerned with drug abuse, a reclassified as precursors and essential
national or local government agency, or an chemicals, the penalties for the
individual citizen. When a petition is received by violations of this Act involving the two
the Board, it shall immediately begin its own latter categories of drugs shall, in case
investigation of the drug. The PDEA also may of conviction, be imposed in all pending
begin an investigation of a drug at any time criminal prosecutions;
based upon the information received from law
enforcement laboratories, national and local law (b) In case a precursors and essential
enforcement and regulatory agencies, or other chemicals is reclassified as dangerous
sources of information. drug, the penalties for violations of the
Act involving precursors and essential
The Board after notice and hearing shall chemicals shall, in case of conviction,
consider the following factors with respect to be imposed in all pending criminal
each substance proposed to be reclassified, prosecutions;
added or removed from control:
(c) In case of the addition of a new drug
(a) Its actual or relative potential for to the list of dangerous drugs and
abuse; precursors and essential chemicals, no
criminal liability involving the same
(b) Scientific evidence of its under this Act shall arise until after the
pharmacological effect if known; lapse of fifteen (15) days from the last
publication of such notice;
(c) The state of current scientific
knowledge regarding the drug or other (d) In case of removal of a drug from the
substance; list of dangerous drugs and precursors
and essential chemicals, all persons
convicted and/or detained for the use
(d) Its history and current pattern of
and/or possession of such a drug shall
abuse;
be automatically released and all
pending criminal prosecution involving
(e) The scope, duration, and such a drug under this Act shall
significance of abuse; forthwith be dismissed; and
 (e) The Board shall, within five (5) days (a) To set the guidelines and overall
from the date of its promulgation submit framework to monitor and ensure the
to Congress a detailed reclassification, proper implementation of this Act;
addition, or removal of any drug from
the list of dangerous drugs. (b) To ensure transparency and require
the submission of reports from
ARTICLE XII government agencies concerned on the
conduct of programs, projects and
Implementing Rules and Regulations policies relating to the implementation of
this act;
Section 94. Implementing Rules and
Regulations. – The present Board in (c) To approve the budget for the
consultation with the DOH, DILG, DOJ, DepEd, programs of the Oversight Committee
DSWD, DOLE, PNP, NBI, PAGCOR and the on Dangerous Drugs and all
PCSO and all other concerned government disbursements therefrom, including
agencies shall promulgate within sixty (60) days compensation of all personnel;
the Implementing Rules and Regulations that
shall be necessary to implement the provisions (d) To submit periodic reports to the
of this Act. President of the Philippines and
Congress on the implementation of the
ARTICLE XIII provisions of this Act;

Final Provisions (e) To determine inherent weaknesses

in the law and recommend the
Section 95. Congressional Oversight necessary remedial legislation or
Committee. – There is hereby created a executive measures; and
Congressional Oversight Committee composed
of seven (7) Members from the Senate and (f) To perform such other duties,
seven (7) Members from the House of functions and responsibilities as may be
Representatives. The Members from the Senate necessary to effectively attain the
shall be appointed by the Senate President objectives of this Act.
based on the proportional representation of the
parties or coalitions therein with at least two (2) Section 97. Adoption of Committee Rules and
Senators representing the Minority. The Regulations, and Funding. – The Oversight
Members from the House of Representatives Committee on Dangerous Drugs shall adopt its
shall be appointed by the Speaker, also based internal rules of procedure, conduct hearings
on proportional representation of the parties or and receive testimonies, reports, and technical
coalitions therein with at least two (2) Members advice, invite or summon by subpoena ad
representing the Minority. testificandum any public official, private citizen,
or any other person to testify before it, or require
The Committee shall be headed by the any person by subpoena duces
respective Chairpersons of the Senate tecum documents or other materials as it may
Committee on Public Order and Illegal Drugs require consistent with the provisions of this Act.
and the House of Representatives Committee
on Dangerous Drugs. The Oversight Committee on Dangerous Drugs
shall be assisted by a secretariat to be
Section 96. Powers and Functions of the composed by personnel who may be seconded
Oversight Committee. – The Oversight from the Senate and the House of
Committee on Dangerous Drugs shall, in aid of Representatives and may retain consultants.
legislation, perform the following functions,
among others: To carry out the powers and functions of the
Oversight Committee on Dangerous Drugs, the
initial sum of Twenty-five million pesos
(P25,000,000.00) shall be charged against the
current appropriations of the Senate. Thereafter,
such amount necessary for its continued
operations shall be included in the annual
General Appropriations Act.

The Oversight Committee on Dangerous Drugs

shall exist for a period of ten (10) years from the
effectivity of this Act and may be extended by a
joint concurrent resolution.

Section 98. Limited Applicability of the Revised

Penal Code. – Notwithstanding any law, rule or
regulation to the contrary, the provisions of the
Revised Penal Code (Act No. 3814), as
amended, shall not apply to the provisions of
this Act, except in the case of minor offenders.
Where the offender is a minor, the penalty for
acts punishable by life imprisonment to death
provided herein shall be reclusion perpetua to
death.

Section 99. Separability Clause. – If for any

reason any section or provision of this Act, or
any portion thereof, or the application of such
section, provision or portion thereof to any
person, group or circumstance is declared
invalid or unconstitutional, the remainder of this
Act shall not be affected by such declaration and
shall remain in force and effect.

Section 100. Repealing Clause. – Republic Act

No. 6425, as amended, is hereby repealed and
all other laws, administrative orders, rules and
regulations, or parts thereof inconsistent with the
provisions of this Act, are hereby repealed or
modified accordingly.

Section 101. Amending Clause. – Republic Act

No. 7659 is hereby amended accordingly.

Section 102. Effectivity. – This Act shall take

effect fifteen (15) days upon its publication in at
least two (2) national newspapers of general
circulation.