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REPUBLIC ACT NO.

9262
AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR CHILDREN,
PROVIDING FOR PROTECTIVE MEASURES FOR VICTIMS, PRESCRIBING
PENALTIES THEREFOR, AND FOR OTHER PURPOSES
SECTION 1.Short Title. This Act shall be known as the "Anti-
Violence Against Women and Their Children Act of 2004". ISCcAT
SECTION 2.Declaration of Policy. It is hereby declared that the State
values the dignity of women and children and guarantees full respect for
human rights. The State also recognizes the need to protect the family and its
members particularly women and children, from violence and threats to their
personal safety and security.
Towards this end, the State shall exert efforts to address violence
committed against women and children in keeping with the fundamental
freedoms guaranteed under the Constitution and the provisions of the
Universal Declaration of Human Rights, the Convention on the Elimination of
All Forms of Discrimination Against Women, Convention on the Rights of the
Child and other international human rights instruments of which the
Philippines is a party.
SECTION 3.Definition of Terms. As used in this Act, (a) "Violence
against women and their children" refers to any act or a series of acts
committed by any person against a woman who is his wife, former wife, or
against a woman with whom the person has or had a sexual or dating
relationship, or with whom he has a common child, or against her child
whether legitimate or illegitimate, within or without the family abode, which
result in or is likely to result in physical, sexual, psychological harm or
suffering, or economic abuse including threats of such acts, battery, assault,
coercion, harassment or arbitrary deprivation of liberty. It includes, but is not
limited to, the following acts:
A."Physical violence" refers to acts that include bodily or physical harm;
B."Sexual violence" refers to an act which is sexual in nature,
committed against a woman or her child. It includes, but is not
limited to:
a)rape, sexual harassment, acts of lasciviousness, treating a
woman or her child as a sex object, making demeaning
and sexually suggestive remarks, physically attacking the
sexual parts of the victim's body, forcing her/him to watch
obscene publications and indecent shows or forcing the
woman or her child to do indecent acts and/or make films
thereof, forcing the wife and mistress/lover to live in the
conjugal home or sleep together in the same room with the
abuser;
b)acts causing or attempting to cause the victim to engage in any
sexual activity by force, threat of force, physical or other
harm or threat of physical or other harm or coercion;
c)Prostituting the woman or her child. BenchStat
C."Psychological violence" refers to acts or omissions causing or likely
to cause mental or emotional suffering of the victim such as but
not limited to intimidation, harassment, stalking, damage to
property, public ridicule or humiliation, repeated verbal abuse and
marital infidelity. It includes causing or allowing the victim to
witness the physical, sexual or psychological abuse of a member
of the family to which the victim belongs, or to witness
pornography in any form or to witness abusive injury to pets or to
unlawful or unwanted deprivation of the right to custody and/or
visitation of common children.
D."Economic abuse" refers to acts that make or attempt to make a
woman financially dependent which includes, but is not limited to
the following:
1.withdrawal of financial support or preventing the victim from
engaging in any legitimate profession, occupation,
business or activity, except in cases wherein the other
spouse/partner objects on valid, serious and moral grounds
as defined in Article 73 of the Family Code;
2.deprivation or threat of deprivation of financial resources and
the right to the use and enjoyment of the conjugal,
community or property owned in common;
3.destroying household property;
4.controlling the victim's own money or properties or solely
controlling the conjugal money or properties.
(b)"Battery" refers to an act of inflicting physical harm upon the woman
or her child resulting to physical and psychological or emotional distress.
(c)"Battered Woman Syndrome" refers to a scientifically defined pattern
of psychological and behavioral symptoms found in women living in battering
relationships as a result of cumulative abuse.
(d)"Stalking" refers to an intentional act committed by a person who,
knowingly and without lawful justification follows the woman or her child or
places the woman or her child under surveillance directly or indirectly or a
combination thereof.
(e)"Dating relationship" refers to a situation wherein the parties live as
husband and wife without the benefit of marriage or are romantically involved
over time and on a continuing basis during the course of the relationship. A
casual acquaintance or ordinary socialization between two individuals in a
business or social context is not a dating relationship.
(f)"Sexual relations" refers to a single sexual act which may or may not
result in the bearing of a common child.
(g)"Safe Place or Shelter" refers to any home or institution maintained
or managed by the Department of Social Welfare and Development (DSWD)
or by any other agency or voluntary organization accredited by the DSWD for
the purposes of this Act or any other suitable place the resident of which is
willing temporarily to receive the victim.
(h)"Children" refer to those below eighteen (18) years of age or older
but are incapable of taking care of themselves as defined under Republic Act
No. 7610. As used in this Act, it includes the biological children of the victim
and other children under her care.
SECTION 4.Construction. This Act shall be liberally construed to
promote the protection and safety of victims of violence against women and
their children.
SECTION 5.Acts of Violence Against Women and Their Children.
The crime of violence against women and their children is committed through
any of the following acts:
(a)Causing physical harm to the woman or her child;
(b)Threatening to cause the woman or her child physical harm;
(c)Attempting to cause the woman or her child physical harm;
(d)Placing the woman or her child in fear of imminent physical harm;
(e)Attempting to compel or compelling the woman or her child to
engage in conduct which the woman or her child has the right to
desist from or to desist from conduct which the woman or her
child has the right to engage in, or attempting to restrict or
restricting the woman's or her child's freedom of movement or
conduct by force or threat of force, physical or other harm or
threat of physical or other harm, or intimidation directed against
the woman or child. This shall include, but not limited to, the
following acts committed with the purpose or effect of controlling
or restricting the woman's or her child's movement or conduct:
(1)Threatening to deprive or actually depriving the woman or her
child of custody or access to her/his family;
(2)Depriving or threatening to deprive the woman or her children
of financial support legally due her or her family, or
deliberately providing the woman's children insufficient
financial support;
(3)Depriving or threatening to deprive the woman or her child of a
legal right;
(4)Preventing the woman in engaging in any legitimate
profession, occupation, business or activity or controlling
the victim's own money or properties, or solely controlling
the conjugal or common money, or properties;
(f)Inflicting or threatening to inflict physical harm on oneself for the
purpose of controlling her actions or decisions;
(g)Causing or attempting to cause the woman or her child to engage in
any sexual activity which does not constitute rape, by force or
threat of force, physical harm, or through intimidation directed
against the woman or her child or her/his immediate family;
(h)Engaging in purposeful, knowing, or reckless conduct, personally or
through another, that alarms or causes substantial emotional or
psychological distress to the woman or her child. This shall
include, but not be limited to, the following acts:
(1)Stalking or following the woman or her child in public or private
places; EHaCID
(2)Peering in the window or lingering outside the residence of the
woman or her child;
(3)Entering or remaining in the dwelling or on the property of the
woman or her child against her/his will;
(4)Destroying the property and personal belongings or inflicting
harm to animals or pets of the woman or her child; and
(5)Engaging in any form of harassment or violence;
(i)Causing mental or emotional anguish, public ridicule or humiliation to
the woman or her child, including, but not limited to, repeated
verbal and emotional abuse, and denial of financial support or
custody of minor children or denial of access to the woman's
child/children.
SECTION 6.Penalties. The crime of violence against women and
their children, under Section 5 hereof shall be punished according to the
following rules:
(a)Acts falling under Section 5(a) constituting attempted, frustrated or
consummated parricide or murder or homicide shall be punished in
accordance with the provisions of the Revised Penal Code. If these acts
resulted in mutilation, it shall be punishable in accordance with the Revised
Penal Code; those constituting serious physical injuries shall have the penalty
of prision mayor; those constituting less serious physical injuries shall be
punished by prision correccional; and those constituting slight physical injuries
shall be punished by arresto mayor.
Acts falling under Section 5(b) shall be punished by imprisonment of
two (2) degrees lower than the prescribed penalty for the consummated crime
as specified in the preceding paragraph but shall in no case be lower
than arresto mayor.
(b)Acts falling under Section 5(c) and 5(d) shall be punished by arresto
mayor;
(c)Acts falling under Section 5(e) shall be punished by prision
correccional;

(d)Acts falling under Section 5(f) shall be punished by arresto mayor;
(e)Acts falling under Section 5(g) shall be punished by prision mayor;
(f)Acts falling under Section 5(h) and Section 5(i) shall be punished
by prision mayor.
If the acts are committed while the woman or child is pregnant or
committed in the presence of her child, the penalty to be applied shall be the
maximum period of penalty prescribed in the section.
In addition to imprisonment, the perpetrator shall (a) pay a fine in the
amount of not less than One hundred thousand pesos (P100,000.00) but not
more than Three hundred thousand pesos (P300,000.00); (b) undergo
mandatory psychological counseling or psychiatric treatment and shall report
compliance to the court.
SECTION 7.Venue. The Regional Trial Court designated as a Family
Court shall have original and exclusive jurisdiction over cases of violence
against women and their children under this law. In the absence of such court
in the place where the offense was committed, the case shall be filed in the
Regional Trial Court where the crime or any of its elements was committed at
the option of the complainant.
SECTION 8.Protection Orders. A protection order is an order issued
under this Act for the purpose of preventing further acts of violence against a
woman or her child specified in Section 5 of this Act and granting other
necessary relief. The relief granted under a protection order should serve the
purpose of safeguarding the victim from further harm, minimizing any
disruption in the victim's daily life, and facilitating the opportunity and ability of
the victim to independently regain control over her life. The provisions of the
protection order shall be enforced by law enforcement agencies. The
protection orders that may be issued under this Act are the barangay
protection order (BPO), temporary protection order (TPO) and permanent
protection order (PPO). The protection orders that may be issued under this
Act shall include any, some or all of the following reliefs:
(a)Prohibition of the respondent from threatening to commit or
committing, personally or through another, any of the acts
mentioned in Section 5 of this Act;
(b)Prohibition of the respondent from harassing, annoying, telephoning,
contacting or otherwise communicating with the petitioner,
directly or indirectly;
(c)Removal and exclusion of the respondent from the residence of the
petitioner, regardless of ownership of the residence, either
temporarily for the purpose of protecting the petitioner, or
permanently where no property rights are violated, and, if
respondent must remove personal effects from the residence, the
court shall direct a law enforcement agent to accompany the
respondent to the residence, remain there until respondent has
gathered his things and escort respondent from the residence;
(d)Directing the respondent to stay away from petitioner and any
designated family or household member at a distance specified
by the court, and to stay away from the residence, school, place
of employment, or any specified place frequented by the
petitioner and any designated family or household member;
(e)Directing lawful possession and use by petitioner of an automobile
and other essential personal effects, regardless of ownership,
and directing the appropriate law enforcement officer to
accompany the petitioner to the residence of the parties to ensure
that the petitioner is safely restored to the possession of the
automobile and other essential personal effects, or to supervise
the petitioner's or respondent's removal of personal belongings;
(f)Granting a temporary or permanent custody of a child/children to the
petitioner;
(g)Directing the respondent to provide support to the woman and/or her
child if entitled to legal support. Notwithstanding other laws to the
contrary, the court shall order an appropriate percentage of the
income or salary of the respondent to be withheld regularly by the
respondent's employer for the same to be automatically remitted
directly to the woman. Failure to remit and/or withhold or any
delay in the remittance of support to the woman and/or her child
without justifiable cause shall render the respondent or his
employer liable for indirect contempt of court;
(h)Prohibition of the respondent from any use or possession of any
firearm or deadly weapon and order him to surrender the same to
the court for appropriate disposition by the court, including
revocation of license and disqualification to apply for any license
to use or possess a firearm. If the offender is a law enforcement
agent, the court shall order the offender to surrender his firearm
and shall direct the appropriate authority to investigate on the
offender and take appropriate action on the matter;
(i)Restitution for actual damages caused by the violence inflicted,
including, but not limited to, property damage, medical expenses,
childcare expenses and loss of income;
(j)Directing the DSWD or any appropriate agency to provide petitioner
temporary shelter and other social services that the petitioner
may need; and
(k)Provision of such other forms of relief as the court deems necessary
to protect and provide for the safety of the petitioner and any
designated family or household member, provided petitioner and
any designated family or household member consents to such
relief.
Any of the reliefs provided under this section shall be granted even in
the absence of a decree of legal separation or annulment or declaration of
absolute nullity of marriage.
The issuance of a BPO or the pendency of an application for BPO shall
not preclude a petitioner from applying for, or the court from granting a TPO or
PPO.
SECTION 9.Who may File Petition for Protection Orders. A petition
for protection order may be filed by any of the following:
(a)the offended party;
(b)parents or guardians of the offended party;
(c)ascendants, descendants or collateral relatives within the fourth civil
degree of consanguinity or affinity;
(d)officers or social workers of the DSWD or social workers of local
government units (LGUs); AcHSEa
(e)police officers, preferably those in charge of women and children's
desks;
(f)Punong Barangay or Barangay Kagawad;
(g)lawyer, counselor, therapist or healthcare provider of the petitioner;
(h)at least two (2) concerned responsible citizens of the city or
municipality where the violence against women and their children
occurred and who has personal knowledge of the offense
committed.
SECTION 10.Where to Apply for a Protection Order. Applications for
BPOs shall follow the rules on venue under Section 409 of the Local
Government Code of 1991 and its implementing rules and regulations. An
application for a TPO or PPO may be filed in the regional trial court,
metropolitan trial court, municipal trial court, municipal circuit trial court with
territorial jurisdiction over the place of residence of the petitioner: Provided,
however, That if a family court exists in the place of residence of the
petitioner, the application shall be filed with that court.
SECTION 11.How to Apply for a Protection Order. The application
for a protection order must be in writing, signed and verified under oath by the
applicant. It may be filed as an independent action or as an incidental relief in
any civil or criminal case the subject matter or issues thereof partakes of a
violence as described in this Act. A standard protection order application form,
written in English with translation to the major local languages, shall be made
available to facilitate applications for protection orders, and shall contain,
among others, the following information:
(a)names and addresses of petitioner and respondent;
(b)description of relationships between petitioner and respondent;
(c)a statement of the circumstances of the abuse;
(d)description of the reliefs requested by petitioner as specified in
Section 8 herein;
(e)request for counsel and reasons for such;
(f)request for waiver of application fees until hearing; and
(g)an attestation that there is no pending application for a protection
order in another court.
If the applicant is not the victim, the application must be accompanied
by an affidavit of the applicant attesting to (a) the circumstances of the abuse
suffered by the victim and (b) the circumstances of consent given by the
victim for the filing of the application. When disclosure of the address of the
victim will pose danger to her life, it shall be so stated in the application. In
such a case, the applicant shall attest that the victim is residing in the
municipality or city over which court has territorial jurisdiction, and shall
provide a mailing address for purposes of service processing.
An application for protection order filed with a court shall be considered
an application for both a TPO and PPO.
Barangay officials and court personnel shall assist applicants in the
preparation of the application. Law enforcement agents shall also extend
assistance in the application for protection orders in cases brought to their
attention.
SECTION 12.Enforceability of Protection Orders. All TPOs and
PPOs issued under this Act shall be enforceable anywhere in the Philippines
and a violation thereof shall be punishable with a fine ranging from Five
Thousand Pesos (P5,000.00) to Fifty Thousand Pesos (P50,000.00) and/or
imprisonment of six (6) months.
SECTION 13.Legal Representation of Petitioners for a Protection
Order. If the woman or her child requests in the application for a protection
order for the appointment of counsel because of lack of economic means to
hire a counsel de parte, the court shall immediately direct the Public
Attorney's Office (PAO) to represent the petitioner in the hearing on the
application. If the PAO determines that the applicant can afford to hire the
services of a counsel de parte, it shall facilitate the legal representation of the
petitioner by a counsel de parte. The lack of access to family or conjugal
resources by the applicant, such as when the same are controlled by the
perpetrator, shall qualify the petitioner to legal representation by the PAO.

However, a private counsel offering free legal service is not barred from
representing the petitioner.
SECTION 14.Barangay Protection Orders (BPOs); Who May Issue and
How. Barangay Protection Orders (BPOs) refer to the protection order
issued by thePunong Barangay ordering the perpetrator to desist from
committing acts under Section 5(a) and (b) of this Act. A Punong
Barangay who receives applications for a BPO shall issue the protection order
to the applicant on the date of filing after ex parte determination of the basis of
the application. If the Punong Barangay is unavailable to act on the
application for a BPO, the application shall be acted upon by any
available Barangay Kagawad. If the BPO is issued by a Barangay
Kagawad, the order must be accompanied by an attestation by the Barangay
Kagawad that the Punong Barangay was unavailable at the time for the
issuance of the BPO. BPOs shall be effective for fifteen (15) days.
Immediately after the issuance of an ex parte BPO, the Punong
Barangay or Barangay Kagawad shall personally serve a copy of the same on
the respondent, or direct any barangay official to effect its personal service.
The parties may be accompanied by a non-lawyer advocate in any
proceeding before the Punong Barangay.
SECTION 15.Temporary Protection Orders. Temporary Protection
Orders (TPOs) refers to the protection order issued by the court on the date of
filing of the application after ex parte determination that such order should be
issued. A court may grant in a TPO any, some or all of the reliefs mentioned
in this Act and shall be effective for thirty (30) days. The court shall schedule a
hearing on the issuance of a PPO prior to or on the date of the expiration of
the TPO. The court shall order the immediate personal service of the TPO on
the respondent by the court sheriff who may obtain the assistance of law
enforcement agents for the service. The TPO shall include notice of the date
of the hearing on the merits of the issuance of a PPO.
SECTION 16.Permanent Protection Orders. Permanent Protection
Order (PPO) refers to protection order issued by the court after notice and
hearing.
Respondents non-appearance despite proper notice, or his lack of a
lawyer, or the non-availability of his lawyer shall not be a ground for
rescheduling or postponing the hearing on the merits of the issuance of a
PPO. If the respondents appears without counsel on the date of the hearing
on the PPO, the court shall appoint a lawyer for the respondent and
immediately proceed with the hearing. In case the respondent fails to appear
despite proper notice, the court shall allow ex parte presentation of the
evidence by the applicant and render judgment on the basis of the evidence
presented. The court shall allow the introduction of any history of abusive
conduct of a respondent even if the same was not directed against the
applicant or the person for whom the applicant is made.
The court shall, to the extent possible, conduct the hearing on the
merits of the issuance of a PPO in one (1) day. Where the court is unable to
conduct the hearing within one (1) day and the TPO issued is due to expire,
the court shall continuously extend or renew the TPO for a period of thirty (30)
days at each particular time until final judgment is issued. The extended or
renewed TPO may be modified by the court as may be necessary or
applicable to address the needs of the applicant.
The court may grant any, some or all of the reliefs specified in Section 8
hereof in a PPO. A PPO shall be effective until revoked by a court upon
application of the person in whose favor the order was issued. The court shall
ensure immediate personal service of the PPO on respondent.
The court shall not deny the issuance of protection order on the basis of
the lapse of time between the act of violence and the filing of the application.
Regardless of the conviction or acquittal of the respondent, the Court
must determine whether or not the PPO shall become final. Even in a
dismissal, a PPO shall be granted as long as there is no clear showing that
the act from which the order might arise did not exist.
SECTION 17.Notice of Sanction in Protection Orders. The following
statement must be printed in bold-faced type or in capital letters on the
protection order issued by the Punong Barangay or court:
"Violation of this order is punishable by law."
SECTION 18.Mandatory Period For Acting on Applications For
Protection Orders. Failure to act on an application for a protection order
within the reglementary period specified in the previous sections without
justifiable cause shall render the official or judge administratively liable.
SECTION 19.Legal Separation Cases. In cases of legal separation,
where violence as specified in this Act is alleged, Article 58 of the Family
Code shall not apply. The court shall proceed on the main case and other
incidents of the case as soon as possible. The hearing on any application for
a protection order filed by the petitioner must be conducted within the
mandatory period specified in this Act.
SECTION 20.Priority of Applications for a Protection Order. Ex
parte and adversarial hearings to determine the basis of applications for a
protection order under this Act shall have priority over all other proceedings.
Barangay officials and the courts shall schedule and conduct hearings on
applications for a protection order under this Act above all other business and,
if necessary, suspend other proceedings in order to hear applications for a
protection order.
SECTION 21.Violation of Protection Orders. A complaint for a
violation of a BPO issued under this Act must be filed directly with any
municipal trial court, metropolitan trial court, or municipal circuit trial court that
has territorial jurisdiction over the barangay that issued the BPO. Violation of
a BPO shall be punishable by imprisonment of thirty (30) days without
prejudice to any other criminal or civil action that the offended party may file
for any of the acts committed. aTcESI
A judgment of violation of a BPO may be appealed according to the
Rules of Court. During trial and upon judgment, the trial court may motu
proprio issue a protection order as it deems necessary without need of an
application.
Violation of any provision of a TPO or PPO issued under this Act shall
constitute contempt of court punishable under Rule 71 of the Rules of Court,
without prejudice to any other criminal or civil action that the offended party
may file for any of the acts committed.
SECTION 22.Applicability of Protection Orders to Criminal Cases.
The foregoing provisions on protection orders shall be applicable in criminal
cases and/or shall be included in the civil actions deemed impliedly instituted
with the criminal actions involving violence against women and their children.
SECTION 23.Bond to Keep the Peace. The Court may order any
person against whom a protection order is issued to give a bond to keep the
peace, to present two sufficient sureties who shall undertake that such person
will not commit the violence sought to be prevented.
Should the respondent fail to give the bond as required, he shall be
detained for a period which shall in no case exceed six (6) months, if he shall
have been prosecuted for acts punishable under Section 5(a) to 5(f) and not
exceeding thirty (30) days, if for acts punishable under Section 5(g) to 5(i).
The protection orders referred to in this section are the TPOs and the
PPOs issued only by the courts.
SECTION 24.Prescriptive Period. Acts falling under Sections 5(a) to
5(f) shall prescribe in twenty (20) years. Acts falling under Sections 5(g) to 5(i)
shall prescribe in ten (10) years.
SECTION 25.Public Crime. Violence against women and their
children shall be considered a public offense which may be prosecuted upon
the filing of a complaint by any citizen having personal knowledge of the
circumstances involving the commission of the crime.
SECTION 26.Battered Woman Syndrome as a Defense. Victim-
survivors who are found by the courts to be suffering from battered woman
syndrome do not incur any criminal and civil liability notwithstanding the
absence of any of the elements for justifying circumstances of self-defense
under the Revised Penal Code.
In the determination of the state of mind of the woman who was
suffering from battered woman syndrome at the time of the commission of the
crime, the courts shall be assisted by expert psychiatrists/psychologists.
SECTION 27.Prohibited Defense. Being under the influence of
alcohol, any illicit drug, or any other mind-altering substance shall not be a
defense under this Act.
SECTION 28.Custody of children. The woman victim of violence
shall be entitled to the custody and support of her child/children. Children
below seven (7) years old or older but with mental or physical disabilities shall
automatically be given to the mother, with right to support, unless the court
finds compelling reasons to order otherwise.
A victim who is suffering from battered woman syndrome shall not be
disqualified from having custody of her children. In no case shall custody of
minor children be given to the perpetrator of a woman who is suffering from
Battered Woman Syndrome.
SECTION 29.Duties of Prosecutors/Court Personnel. Prosecutors
and court personnel should observe the following duties when dealing with
victims under this Act:
a)communicate with the victim in a language understood by the woman
or her child; and
b)inform the victim of her/his rights including legal remedies available
and procedure, and privileges for indigent litigants.
SECTION 30.Duties of Barangay Officials and Law Enforcers.
Barangay officials and law enforcers shall have the following duties:
(a)respond immediately to a call for help or request for assistance or
protection of the victim by entering the dwelling if necessary
whether or not a protection order has been issued and ensure the
safety of the victim/s;

(b)confiscate any deadly weapon in the possession of the perpetrator or
within plain view;
(c)transport or escort the victim/s to a safe place of their choice or to a
clinic or hospital;
(d)assist the victim in removing personal belongings from the house;
(e)assist the barangay officials and other government officers and
employees who respond to a call for help;
(f)ensure the enforcement of the Protection Orders issued by
the Punong Barangay or by the courts;
(g)arrest the suspected perpetrator even without a warrant when any of
the acts of violence defined by this Act is occurring, or when
he/she has personal knowledge that any act of abuse has just
been committed, and there is imminent danger to the life or limb
of the victim as defined in this Act; and
(h)immediately report the call for assessment or assistance of the
DSWD, Social Welfare Department of LGUs or accredited non-
government organizations (NGOs).
Any barangay official or law enforcer who fails to report the incident
shall be liable for a fine not exceeding Ten Thousand Pesos (P10,000.00) or
whenever applicable criminal, civil or administrative liability.
SECTION 31.Healthcare Provider Response to Abuse. Any
healthcare provider, including, but not limited to, an attending physician,
nurse, clinician, barangay health worker, therapist or counselor who suspects
abuse or has been informed by the victim of violence shall:
(a)properly document any of the victim's physical, emotional or
psychological injuries;
(b)properly record any of victim's suspicions, observations and
circumstances of the examination or visit;
(c)automatically provide the victim free of charge a medical certificate
concerning the examination or visit;
(d)safeguard the records and make them available to the victim upon
request at actual cost; and
(e)provide the victim immediate and adequate notice of rights and
remedies provided under this Act, and services available to them.
SECTION 32.Duties of Other Government Agencies and LGUs.
Other government agencies and LGUs shall establish programs such as, but
not limited to, education and information campaign and seminars or symposia
on the nature, causes, incidence and consequences of such violence
particularly towards educating the public on its social impacts.
It shall be the duty of the concerned government agencies and LGUs to
ensure the sustained education and training of their officers and personnel on
the prevention of violence against women and their children under the Act.
SECTION 33.Prohibited Acts. A Punong Barangay, Barangay
Kagawad or the court hearing an application for a protection order shall not
order, direct, force or in any way unduly influence the applicant for a
protection order to compromise or abandon any of the reliefs sought in the
application for protection under this Act. Section 7 of the Family Courts Act of
1997 and Sections 410, 411, 412 and 413 of the Local Government Code of
1991 shall not apply in proceedings where relief is sought under this Act.
Failure to comply with this Section shall render the official or judge
administratively liable.
SECTION 34.Persons Intervening Exempt from Liability. In every
case of violence against women and their children as herein defined, any
person, private individual or police authority or barangay official who, acting in
accordance with law, responds or intervenes without using violence or
restraint greater than necessary to ensure the safety of the victim, shall not be
liable for any criminal, civil or administrative liability resulting therefrom.
SECTION 35.Rights of Victims. In addition to their rights under
existing laws, victims of violence against women and their children shall have
the following rights:
(a)to be treated with respect and dignity;
(b)to avail of legal assistance from the PAO of the Department of
Justice (DOJ) or any public legal assistance office;
(c)to be entitled to support services from the DSWD and LGUs;
(d)to be entitled to all legal remedies and support as provided for under
the Family Code; and CTSAaH
(e)to be informed of their rights and the services available to them
including their right to apply for a protection order.
SECTION 36.Damages. Any victim of violence under this Act shall
be entitled to actual, compensatory, moral and exemplary damages.
SECTION 37.Hold Departure Order. The court shall expedite the
process of issuance of a hold departure order in cases prosecuted under this
Act.
SECTION 38.Exemption from Payment of Docket Fee and Other
Expenses. If the victim is an indigent or there is an immediate necessity
due to imminent danger or threat of danger to act on an application for a
protection order, the court shall accept the application without payment of the
filing fee and other fees and of transcript of stenographic notes.
SECTION 39.Inter-Agency Council on Violence Against Women and
Their Children (IAC-VAWC). In pursuance of the abovementioned policy,
there is hereby established an Inter-Agency Council on Violence Against
Women and their Children, hereinafter known as the Council, which shall be
composed of the following agencies:
(a)Department of Social Welfare and Development (DSWD);
(b)National Commission on the Role of Filipino Women (NCRFW);
(c)Civil Service Commission (CSC);
(d)Commission on Human Rights (CHR);
(e)Council for the Welfare of Children (CWC);
(f)Department of Justice (DOJ);
(g)Department of the Interior and Local Government (DILG);
(h)Philippine National Police (PNP);
(i)Department of Health (DOH);
(j)Department of Education (DepEd);
(k)Department of Labor and Employment (DOLE); and
(l)National Bureau of Investigation (NBI).
These agencies are tasked to formulate programs and projects to
eliminate VAW based on their mandates as well as develop capability
programs for their employees to become more sensitive to the needs of their
clients. The Council will also serve as the monitoring body as regards to VAW
initiatives.
The Council members may designate their duly authorized
representative who shall have a rank not lower than an assistant secretary or
its equivalent. These representatives shall attend Council meetings in their
behalf, and shall receive emoluments as may be determined by the Council in
accordance with existing budget and accounting rules and regulations.
SECTION 40.Mandatory Programs and Services for Victims. The
DSWD, and LGUs shall provide the victims temporary shelters, provide
counseling, psycho-social services and/or, recovery, rehabilitation programs
and livelihood assistance.
The DOH shall provide medical assistance to victims.
SECTION 41.Counseling and Treatment of Offenders. The DSWD
shall provide rehabilitative counseling and treatment to perpetrators towards
learning constructive ways of coping with anger and emotional outbursts and
reforming their ways. When necessary, the offender shall be ordered by the
Court to submit to psychiatric treatment or confinement.
SECTION 42.Training of Persons Involved in Responding to Violence
Against Women and their Children Cases. All agencies involved in
responding to violence against women and their children cases shall be
required to undergo education and training to acquaint them with:
a.the nature, extend and causes of violence against women and their
children;
b.the legal rights of, and remedies available to, victims of violence
against women and their children;
c.the services and facilities available to victims or survivors;
d.the legal duties imposed on police officers to make arrest and to offer
protection and assistance; and
e.techniques for handling incidents of violence against women and their
children that minimize the likelihood of injury to the officer and
promote the safety of the victim or survivor.
The PNP, in coordination with LGUs, shall establish an education and
training program for police officers and barangay officials to enable them to
properly handle cases of violence against women and their children.
SECTION 43.Entitlement to Leave. Victims under this Act shall be
entitled to take a paid leave of absence up to ten (10) days in addition to other
paid leaves under the Labor Code and Civil Service Rules and Regulations,
extendible when the necessity arises as specified in the protection order.
Any employer who shall prejudice the right of the person under this
section shall be penalized in accordance with the provisions of the Labor
Code and Civil Service Rules and Regulations. Likewise, an employer who
shall prejudice any person for assisting a co-employee who is a victim under
this Act shall likewise be liable for discrimination.
SECTION 44.Confidentiality. All records pertaining to cases of
violence against women and their children including those in the barangay
shall be confidential and all public officers and employees and public or
private clinics to hospitals shall respect the right to privacy of the victim.
Whoever publishes or causes to be published, in any format, the name,
address, telephone number, school, business address, employer, or other
identifying information of a victim or an immediate family member, without the
latter's consent, shall be liable to the contempt power of the court.
Any person who violates this provision shall suffer the penalty of one (1)
year imprisonment and a fine of not more than Five Hundred Thousand pesos
(P500,000.00).
SECTION 45.Funding. The amount necessary to implement the
provisions of this Act shall be included in the annual General Appropriations
Act (GAA).
The Gender and Development (GAD) Budget of the mandated agencies
and LGUs shall be used to implement services for victim of violence against
women and their children.
SECTION 46.Implementing Rules and Regulations. Within six (6)
months from the approval of this Act, the DOJ, the NCRFW, the DSWD, the
DILG, the DOH, and the PNP, and three (3) representatives from NGOs to be
identified by the NCRFW, shall promulgate the Implementing Rules and
Regulations (IRR) of this Act.

SECTION 47.Suppletory Application. For purposes of this Act, the
Revised Penal Code and other applicable laws, shall have suppletory
application.
SECTION 48.Separability Clause. If any section or provision of this
Act is held unconstitutional or invalid, the other sections or provisions shall not
be affected.
SECTION 49.Repealing Clause. All laws, presidential decrees,
executive orders and rules and regulations, or parts thereof, inconsistent with
the provisions of this Act are hereby repealed or modified accordingly.
SECTION 50.Effectivity. This Act shall take effect fifteen (15) days
from the date of its complete publication in at least two (2) newspapers of
general circulation.SaITHC
Approved: March 8, 2004
Published in Today and the Manila Times on March 12, 2004.

||| (Anti-Violence Against Women and their Children Act of 2004, REPUBLIC ACT
NO. 9262 [2004])
REPUBLIC ACT NO. 9344
AN ACT ESTABLISHING A COMPREHENSIVE JUVENILE JUSTICE AND
WELFARE SYSTEM, CREATING THE JUVENILE JUSTICE AND WELFARE
COUNCIL UNDER THE DEPARTMENT OF JUSTICE, APPROPRIATING FUNDS
THEREFOR AND FOR OTHER PURPOSES
TITLE I
Governing Principles
CHAPTER 1
Title, Policy and Definition of Terms
SECTION 1.Short Title and Scope. This Act shall be known as the
"Juvenile Justice and Welfare Act of 2006." It shall cover the different stages
involving children at risk and children in conflict with the law from prevention
to rehabilitation and reintegration.
SECTION 2.Declaration of State Policy. The following State policies
shall be observed at all times:
(a)The State recognizes the vital role of children and youth in nation
building and shall promote and protect their physical, moral,
spiritual, intellectual and social well-being. It shall inculcate in the
youth patriotism and nationalism, and encourage their
involvement in public and civic affairs.
(b)The State shall protect the best interests of the child through
measures that will ensure the observance of international
standards of child protection, especially those to which the
Philippines is a party. Proceedings before any authority shall be
conducted in the best interest of the child and in a manner which
allows the child to participate and to express himself/herself
freely. The participation of children in the program and policy
formulation and implementation related to juvenile justice and
welfare shall be ensured by the concerned government agency.
(c)The State likewise recognizes the right of children to assistance,
including proper care and nutrition, and special protection from all
forms of neglect, abuse, cruelty and exploitation, and other
conditions prejudicial to their development.
(d)Pursuant to Article 40 of the United Nations Convention on the
Rights of the Child, the State recognizes the right of every child
alleged as, accused of, adjudged, or recognized as, having
infringed the penal law to be treated in a manner consistent with
the promotion of the child's sense of dignity and worth, taking into
account the child's age and desirability of promoting his/her
reintegration. Whenever appropriate and desirable, the State
shall adopt measures for dealing with such children without
resorting to judicial proceedings, providing that human rights and
legal safeguards are fully respected. It shall ensure that children
are dealt with in a manner appropriate to their well-being by
providing, among others, a variety of disposition measures such
as care, guidance and supervision orders, counseling, probation,
foster care, education and vocational training programs and other
alternative to institutional care.
(e)The administration of the juvenile justice and welfare system shall
take into consideration the cultural and religious perspectives of
the Filipino people, particularly the indigenous peoples and the
Muslims, consistent with the protection of the rights of children
belonging to these communities.
(f)The State shall apply the principles of restorative justice in all its laws,
policies and programs applicable to children in conflict with the
law.
SECTION 3.Liberal Construction of this Act. In case of doubt, the
interpretation of any of the provisions of this Act, including its implementing
rules and regulations (IRRs), shall be construed liberally in favor of the child in
conflict with the law.
SECTION 4.Definition of Terms. The following terms as used in this
Act shall be defined as follows:
(a)"Bail" refers to the security given for the release of the person in
custody of the law, furnished by him/her or a bondsman, to
guarantee his/her appearance before any court. Bail may be
given in the form of corporate security, property bond, cash
deposit, or recognizance.
(b)"Best Interest of the Child" refers to the totality of the circumstances
and conditions which are most congenial to the survival,
protection and feelings of security of the child and most
encouraging to the child's physical, psychological and emotional
development. It also means the least detrimental available
alternative for safeguarding the growth and development of the
child.
(c)"Child" refers to a person under the age of eighteen (18) years.
(d)"Child at Risk" refers to a child who is vulnerable to and at the risk of
committing criminal offenses because of personal, family and
social circumstances, such as, but not limited to, the following:
(1)being abused by any person through sexual, physical,
psychological, mental, economic or any other means and
the parents or guardian refuse, are unwilling, or, unable to
provide protection for the child; EcSCHD
(2)being exploited including sexually or economically;
(3)being abandoned or neglected, and after diligent search and
inquiry, the parent or guardian cannot be found;
(4)coming from a dysfunctional or broken family or without a
parent or guardian;
(5)being out of school;
(6)being a streetchild;
(7)being a member of a gang;
(8)living in a community with a high level of criminality or drug
abuse; and
(9)living in situations of armed conflict.
(e)"Child in Conflict with the Law" refers to a child who is alleged as,
accused of, or adjudged as, having committed an offense under
Philippine laws.
(f)"Community-based Programs" refers to the programs provided in a
community setting developed for purposes of intervention and
diversion, as well as rehabilitation of the child in conflict with the
law, for reintegration into his/her family and/or community.
(g)"Court" refers to a family court or, in places where there are no family
courts, any regional trial court.
(h)"Deprivation of Liberty" refers to any form of detention or
imprisonment, or to the placement of a child in conflict with the
law in a public or private custodial setting, from which the child in
conflict with the law is not permitted to leave at will by order of
any judicial or administrative authority.
(i)"Diversion" refers to an alternative, child-appropriate process of
determining the responsibility and treatment of a child in conflict
with the law on the basis of his/her social, cultural, economic,
psychological or educational background without resorting to
formal court proceedings.
(j)"Diversion Program" refers to the program that the child in conflict
with the law is required to undergo after he/she is found
responsible for an offense without resorting to formal court
proceedings.
(k)"Initial Contact With the Child" refers to the apprehension or taking
into custody of a child in conflict with the law by law enforcement
officers or private citizens. It includes the time when the child
alleged to be in conflict with the law receives a subpoena under
Section 3(b) of Rule 112 of the Revised Rules of Criminal
Procedure or summons under Section 6(a) or Section 9(b) of the
same Rule in cases that do not require preliminary investigation
or where there is no necessity to place the child alleged to be in
conflict with the law under immediate custody.
(l)"Intervention" refers to a series of activities which are designed to
address issues that caused the child to commit an offense. It may
take the form of an individualized treatment program which may
include counseling, skills training, education, and other activities
that will enhance his/her psychological, emotional and psycho-
social well-being. AcaEDC
(m)"Juvenile Justice and Welfare System" refers to a system dealing
with children at risk and children in conflict with the law, which
provides child-appropriate proceedings, including programs and
services for prevention, diversion, rehabilitation, re-integration
and aftercare to ensure their normal growth and development.
(n)"Law Enforcement Officer" refers to the person in authority or his/her
agent as defined in Article 152 of the Revised Penal Code,
including a barangay tanod.
(o)"Offense" refers to any act or omission whether punishable under
special laws or the Revised Penal Code, as amended.
(p)"Recognizance" refers to an undertaking in lieu of a bond assumed
by a parent or custodian who shall be responsible for the
appearance in court of the child in conflict with the law, when
required.
(q)"Restorative Justice" refers to a principle which requires a process of
resolving conflicts with the maximum involvement of the victim,
the offender and the community. It seeks to obtain reparation for
the victim; reconciliation of the offender, the offended and the
community; and reassurance to the offender that he/she can be
reintegrated into society. It also enhances public safety by
activating the offender, the victim and the community in
prevention strategies.
(r)"Status Offenses" refers to offenses which discriminate only against a
child, while an adult does not suffer any penalty for committing
similar acts. These shall include curfew violations, truancy,
parental disobedience and the like.
(s)"Youth Detention Home" refers to a 24-hour child-caring institution
managed by accredited local government units (LGUs) and
licensed and/or accredited non-government organizations
(NGOs) providing short-term residential care for children in
conflict with the law who are awaiting court disposition of their
cases or transfer to other agencies or jurisdiction.
(t)"Youth Rehabilitation Center" refers to a 24-hour residential care
facility managed by the Department of Social Welfare and
Development (DSWD), LGUs, licensed and/or accredited NGOs
monitored by the DSWD, which provides care, treatment and
rehabilitation services for children in conflict with the law.
Rehabilitation services are provided under the guidance of a
trained staff where residents are cared for under a structured
therapeutic environment with the end view of reintegrating them
into their families and communities as socially functioning
individuals. Physical mobility of residents of said centers may be
restricted pending court disposition of the charges against them.

(u)"Victimless Crimes" refers to offenses where there is no private
offended party.
CHAPTER 2
Principles in the Administration of Juvenile Justice and Welfare
SECTION 5.Rights of the Child in Conflict with the Law. Every child
in conflict with the law shall have the following rights, including but not limited
to:
(a)the right not to be subjected to torture or other cruel, inhuman or
degrading, treatment or punishment;
(b)the right not to be imposed a sentence of capital punishment or life
imprisonment, without the possibility of release;
(c)the right not to be deprived, unlawfully or arbitrarily, or his/her liberty;
detention or imprisonment being a disposition of last resort, and
which shall be for the shortest appropriate period of time;
(d)the right to be treated with humanity and respect for the inherent
dignity of the person, and in a manner which takes into account
the needs of a person of his/her age. In particular, a child
deprived of liberty shall be separated from adult offenders at all
times. No child shall be detained together with adult offenders.
He/She shall be conveyed separately to or from court. He/She
shall await hearing of his/her own case in a separate holding
area. A child in conflict with the law shall have the right to
maintain contact with his/her family through correspondence and
visits, save in exceptional circumstances;
(e)the right to prompt access to legal and other appropriate assistance,
as well as the right to challenge the legality of the deprivation of
his/her liberty before a court or other competent, independent and
impartial authority, and to a prompt decision on such action; EScAID
(f)the right to bail and recognizance, in appropriate cases;
(g)the right to testify as a witness in his/her own behalf under the rule
on examination of a child witness;
(h)the right to have his/her privacy respected fully at all stages of the
proceedings;
(i)the right to diversion if he/she is qualified and voluntarily avails of the
same;
(j)the right to be imposed a judgment in proportion to the gravity of the
offense where his/her best interest, the rights of the victim and
the needs of society are all taken into consideration by the court,
under the principle of restorative justice;
(k)the right to have restrictions on his/her personal liberty limited to the
minimum, and where discretion is given by law to the judge to
determine whether to impose fine or imprisonment, the imposition
of fines being preferred as the more appropriate penalty;
(l)in general, the right to automatic suspension of sentence;
(m)the right to probation as an alternative to imprisonment, if qualified
under the Probation Law;
(n)the right to be free from liability for perjury, concealment or
misrepresentation; and DISHEA
(o)other rights as provided for under existing laws, rules and
regulations.
The State further adopts the provisions of the United Nations Standard
Minimum Rules for the Administration of Juvenile Justice or "Beijing Rules",
United Nations Guidelines for the Prevention of Juvenile Delinquency or the
"Riyadh Guidelines", and the United Nations Rules for the Protection of
Juveniles Deprived of Liberty.
SECTION 6.Minimum Age of Criminal Responsibility. A child fifteen
(15) years of age or under at the time of the commission of the offense shall
be exempt from criminal liability. However, the child shall be subjected to an
intervention program pursuant to Section 20 of this Act.
A child above fifteen (15) years but below eighteen (18) years of age
shall likewise be exempt from criminal liability and be subjected to an
intervention program, unless he/she has acted with discernment, in which
case, such child shall be subjected to the appropriate proceedings in
accordance with this Act.
The exemption from criminal liability herein established does not
include exemption from civil liability, which shall be enforced in accordance
with existing laws.
SECTION 7.Determination of Age. The child in conflict with the law
shall enjoy the presumption of minority. He/She shall enjoy all the rights of a
child in conflict with the law until he/she is proven to be eighteen (18) years
old or older. The age of a child may be determined from the child's birth
certificate, baptismal certificate or any other pertinent documents. In the
absence of these documents, age may be based on information from the child
himself/herself, testimonies of other persons, the physical appearance of the
child and other relevant evidence. In case of doubt as to the age of the child, it
shall be resolved in his/her favor.
Any person contesting the age of the child in conflict with the law prior
to the filing of the information in any appropriate court may file a case in a
summary proceeding for the determination of age before the Family Court
which shall decide the case within twenty-four (24) hours from receipt of the
appropriate pleadings of all interested parties.
If a case has been filed against the child in conflict with the law and is
pending in the appropriate court, the person shall file a motion to determine
the age of the child in the same court where the case is pending. Pending
hearing on the said motion, proceedings on the main case shall be
suspended.
In all proceedings, law enforcement officers, prosecutors, judges and
other government officials concerned shall exert all efforts at determining the
age of the child in conflict with the law.
TITLE II
Structures in the Administration of Juvenile Justice and Welfare
SECTION 8.Juvenile Justice and Welfare Council (JJWC). A
Juvenile Justice and Welfare Council (JJWC) is hereby created and attached
to the Department of Justice and placed under its administrative supervision.
The JJWC shall be chaired by an undersecretary of the Department of Social
Welfare and Development. It shall ensure the effective implementation of this
Act and coordination among the following agencies:
(a)Council for the Welfare of Children (CWC);
(b)Department of Education (DepEd);
(c)Department of the Interior and Local Government (DILG);
(d)Public Attorney's Office (PAO);
(e)Bureau of Corrections (BUCOR);
(f)Parole and Probation Administration (PPA);
(g)National Bureau of Investigation (NBI);
(h)Philippine National Police (PNP);
(i)Bureau of Jail Management and Penology (BJMP);
(j)Commission on Human Rights (CHR);
(k)Technical Education and Skills Development Authority (TESDA);
(l)National Youth Commission (NYC); and
(m)Other institutions focused on juvenile justice and intervention
programs.
The JJWC shall be composed of representatives, whose ranks shall be
lower than director, to be designated by the concerned heads of the following
departments or agencies:
(a)Department of Justice (DOJ);
(b)Department of Social Welfare and Development (DSWD);
(c)Council for the Welfare of Children (CWC);
(d)Department of Education (DepEd); DHTCaI
(e)Department of the Interior and Local Government (DILG);
(f)Commission on Human Rights (CHR);
(g)National Youth Commission (NYC); and
(h)Two (2) representatives from NGOs, one to be designated by the
Secretary of Justice and the other to be designated by the
Secretary of Social Welfare and Development.
The JJWC shall convene within fifteen (15) days from the effectivity of
this Act. The Secretary of Justice and the Secretary of Social Welfare and
Development shall determine the organizational structure and staffing pattern
of the JJWC.
The JJWC shall coordinate with the Office of the Court Administrator
and the Philippine Judicial Academy to ensure the realization of its mandate
and the proper discharge of its duties and functions, as herein provided.
SECTION 9.Duties and Functions of the JJWC. The JJWC shall
have the following duties and functions:
(a)To oversee the implementation of this Act;
(b)To advise the President on all matters and policies relating to
juvenile justice and welfare;
(c)To assist the concerned agencies in the review and redrafting of
existing policies/regulations or in the formulation of new ones in
line with the provisions of this Act;
(d)To periodically develop a comprehensive 3 to 5-year national
juvenile intervention program, with the participation of
government agencies concerned, NGOs and youth organization;
(e)To coordinate the implementation of the juvenile intervention
programs and activities by national government agencies and
other activities which may have an important bearing on the
success of the entire national juvenile intervention program. All
programs relating to juvenile justice and welfare shall be adopted
in consultation with the JJWC;
(f)To formulate and recommend policies and strategies in consultation
with children for the prevention of juvenile delinquency and the
administration of justice, as well as for the treatment and
rehabilitation of the children in conflict with the law;
(g)To collect relevant information and conduct continuing research and
support evaluations and studies on all matters relating to juvenile
justice and welfare, such as, but not limited to:
(1)the performance and results achieved by juvenile intervention
programs and by activities of the local government units
and other government agencies;
(2)the periodic trends, problems and causes of juvenile
delinquency and crimes; and
(3)the particular needs of children in conflict with the law in
custody.
The data gathered shall be used by the JJWC in the
improvement of the administration of juvenile justice and welfare
system.
The JJWC shall setup a mechanism to ensure that children
are involved in research and policy development.
(h)Through duly designated persons and with the assistance of the
agencies provided in the preceding section, to conduct regular
inspections in detention and rehabilitation facilities and to
undertake spot inspections on their own initiative in order to
check compliance with the standards provided herein and to
make the necessary recommendations to appropriate agencies;
(i)To initiate and coordinate the conduct of trainings for the personnel of
the agencies involved in the administration of the juvenile justice
and welfare system and the juvenile intervention program;

(j)To submit an annual report to the President on the implementation of
this Act; and
(k)To perform such other functions as may be necessary to implement
the provisions of this Act.
SECTION 10.Policies and Procedures on Juvenile Justice and Welfare.
All government agencies enumerated in Section 8 shall, with the
assistance of the JJWC and within one (1) year from the effectivity of this Act,
draft policies and procedures consistent with the standards set in the law.
These policies and procedures shall be modified accordingly in consultation
with the JJWC upon the completion of the national juvenile intervention
program as provided under Section 9 (d).
SECTION 11.Child Rights Center (CRC). The existing Child Rights
Center of the Commission on Human Rights shall ensure that the status,
rights and interests of children are upheld in accordance with the Constitution
and international instruments on human rights. The CHR shall strengthen the
monitoring of government compliance of all treaty obligations, including the
timely and regular submission of reports before the treaty bodies, as well as
the implementation and dissemination of recommendations and conclusions
by government agencies as well as NGOs and civil society.
TITLE III
Prevention of Juvenile Delinquency
CHAPTER 1
The Role of the Different Sectors
SECTION 12.The Family. The family shall be responsible for the
primary nurturing and rearing of children which is critical in delinquency
prevention. As far as practicable and in accordance with the procedures of
this Act, a child in conflict with the law shall be maintained in his/her family.
SECTION 13.The Educational System. Educational institutions shall
work together with families, community organizations and agencies in the
prevention of juvenile delinquency and in the rehabilitation and reintegration of
child in conflict with the law. Schools shall provide adequate, necessary and
individualized educational schemes for children manifesting difficult behavior
and children in conflict with the law. In cases where children in conflict with
the law are taken into custody or detained in rehabilitation centers, they
should be provided the opportunity to continue learning under an alternative
learning system with basic literacy program or non-formal education
accreditation equivalency system. CaSAcH
SECTION 14.The Role of the Mass Media. The mass media shall
play an active role in the promotion of child rights, and delinquency prevention
by relaying consistent messages through a balanced approach. Media
practitioners shall, therefore, have the duty to maintain the highest critical and
professional standards in reporting and covering cases of children in conflict
with the law. In all publicity concerning children, the best interest of the child
should be the primordial and paramount concern. Any undue, inappropriate
and sensationalized publicity of any case involving a child in conflict with the
law is hereby declared a violation of the child's rights.
SECTION 15.Establishment and Strengthening of Local Councils for
the Protection of Children. Local Councils for the Protection of Children
(LCPC) shall be established in all levels of local government, and where they
have already been established, they shall be strengthened within one (1) year
from the effectivity of this Act. Membership in the LCPC shall be chosen from
among the responsible members of the community, including a representative
from the youth sector, as well as representatives from government and private
agencies concerned with the welfare of children.
The local council shall serve as the primary agency to coordinate with
and assist the LGU concerned for the adoption of a comprehensive plan on
delinquency prevention, and to oversee its proper implementation.
One percent (1%) of the internal revenue allotment of barangays,
municipalities and cities shall be allocated for the strengthening and
implementation of the programs of the LCPC: Provided, That the
disbursement of the fund shall be made by the LGU concerned.
SECTION 16.Appointment of Local Social Welfare and Development
Officer. All LGUs shall appoint a duly licensed social worker as its local
social welfare and development officer tasked to assist children in conflict with
the law.
SECTION 17.The Sangguniang Kabataan. The Sangguniang
Kabataan (SK) shall coordinate with the LCPC in the formulation and
implementation of a juvenile intervention and diversion programs in the
community.
CHAPTER 2
Comprehensive Juvenile Intervention Program
SECTION 18.Development of a Comprehensive Juvenile Intervention
Program. A comprehensive juvenile intervention program covering at least
a 3-year period shall be instituted in LGUs from the barangay to the provincial
level.
The LGUs shall set aside an amount necessary to implement their
respective juvenile intervention programs in their annual budget.
The LGUs, in coordination with the LCPC, shall call on all sectors
concerned, particularly the child-focused institutions, NGOs, people's
organizations, educational institutions, and government agencies involved in
delinquency prevention to participate in the planning process and
implementation of juvenile intervention programs. Such programs shall be
implemented consistent with the national program formulated and designed
by the JJWC.
The implementation of the comprehensive juvenile intervention program
shall be reviewed and assessed annually by the LGUs in coordination with the
LCPC. Results of the assessment shall be submitted by the provincial and city
governments to the JJWC not later than March 30 of every year. AECIaD
SECTION 19.Community-based Programs on Juvenile Justice and
Welfare. Community-based programs on juvenile justice and welfare shall
be instituted by the LGUs through the LCPC, school, youth organizations and
other concerned agencies. The LGUs shall provide community-based
services which respond to the special needs, problems, interests and
concerns of children and which offer appropriate counseling and guidance to
them and their families. These programs shall consist of three levels:
(a)Primary intervention includes general measures to promote social
justice and equal opportunity, which tackle perceived root causes
of offending;
(b)Secondary intervention includes measures to assist children at risk;
and
(c)Tertiary intervention includes measures to avoid unnecessary
contact with the formal justice system and other measures to
prevent reoffending:
TITLE IV
Treatment of Children Below the Age of Criminal Responsibility
SECTION 20.Children Below the Age of Criminal Responsibility. If it
has been determined that the child taken into custody is fifteen (15) years old
or below, the authority which will have an initial contact with the child has the
duty to immediately release the child to the custody of his/her parents or
guardian, or in the absence thereof, the child's nearest relative. Said authority
shall give notice to the local social welfare and development officer who will
determine the appropriate programs in consultation with the child and to the
person having custody over the child. If the parents, guardians or nearest
relatives cannot be located, or if they refuse to take custody, the child may be
released to any of the following: a duly registered nongovernmental or
religious organization; a barangay official or a member of the Barangay
Council for the Protection of Children-(BCPC); a local social welfare and
development officer; or, when and where appropriate, the DSWD. If the child
referred to herein has been found by the Local Social Welfare and
Development Office to be abandoned, neglected or abused by his parents, or
in the event that the parents will not comply with the prevention program, the
proper petition for involuntary commitment shall be filed by the DSWD or the
Local Social Welfare and Development Office pursuant toPresidential Decree
No. 603, otherwise known as "The Child and Youth Welfare Code".
TITLE V
Juvenile Justice and Welfare System
CHAPTER 1
Initial Contact With the Child
SECTION 21.Procedure for Taking the Child into Custody. From the
moment a child is taken into custody, the law enforcement officer shall:
(a)Explain to the child in simple language and in a dialect that he/she
can understand why he/she is being placed under custody and
the offense that he/she allegedly committed;
(b)Inform the child of the reason for such custody and advise the child
of his/her constitutional rights in a language or dialect understood
by him/her; cdphil
(c)Properly identify himself/herself and present proper identification to
the child;
(d)Refrain from using vulgar or profane words and from sexually
harassing or abusing, or making sexual advances on the child in
conflict with the law;
(e)Avoid displaying or using any firearm, weapon, handcuffs or another
instruments of force or restraint, unless absolutely necessary and
only after all other methods of control have been exhausted and
have failed;
(f)Refrain from subjecting the child in conflict with the law to greater
restraint than is necessary for his/her apprehension;
(g)Avoid violence or unnecessary force;
(h)Determine the age of the child pursuant to Section 7 of this Act;
(i)Immediately but not later than eight (8) hours after apprehension, turn
over custody of the child to the Social Welfare and Development
Office or other accredited NGOs, and notify the child's
parents/guardians and Public Attorneys' Office of the child's
apprehension. The social welfare and development officer shall
explain to the child and the child's parents/guardians the
consequences of the child's act with a view towards counseling
and rehabilitation, diversion from the criminal justice system, and
reparation, if appropriate;
(j)Take the child immediately to the proper medical and health officer for
a thorough physical and mental examination. The examination
results shall be kept confidential unless otherwise ordered by the
Family Court. Whenever the medical treatment is required, steps
shall be immediately undertaken to provide the same;

(k)Ensure that should detention of the child in conflict with the law be
necessary, the child shall be secured in quarters separate from
that of the opposite sex and adult offenders;
(l)Record the following in the initial investigation:
(1)Whether handcuffs or other instruments of restraint were used,
and if so, the reason for such;
(2)That the parents or guardian of a child, the DSWD, and the
PAO have been duly informed of the apprehension and the
details thereof; and
(3)The exhaustion of measures to determine the age of a child
and the precise details of the physical and medical
examination or the failure to submit a child to such
examination; and
(m)Ensure that all statements signed by the child during investigation
shall be witnessed by the child's parents or guardian, social
worker, or legal counsel in attendance who shall affix his/her
signature to the said statement.
A child in conflict with the law shall only be searched by a law
enforcement officer of the same gender and shall not be locked up in a
detention cell. IDTSaC
SECTION 22.Duties During Initial Investigation. The law
enforcement officer shall, in his/her investigation, determine where the case
involving the child in conflict with the law should be referred.
The taking of the statement of the child shall be conducted in the
presence of the following: (1) child's counsel of choice or in the absence
thereof, a lawyer from the Public Attorney's Office; (2) the child's parents,
guardian, or nearest relative, as the case may be; and (3) the local social
welfare and development officer. In the absence of the child's parents,
guardian, or nearest relative, and the local social welfare and development
officer, the investigation shall be conducted in the presence of a
representative of an NGO, religious group, or member of the BCPC.
After the initial investigation, the local social worker conducting the
same may do either of the following:
(a)Proceed in accordance with Section 20 if the child is fifteen (15)
years or below or above fifteen (15) but below eighteen (18)
years old, who acted without discernment; and
(b)If the child is above fifteen (15) years old below eighteen (18) and
who acted with discernment, proceed to diversion under the
following chapter.
CHAPTER 2
Diversion
SECTION 23.System of Diversion. Children in conflict with the law
shall undergo diversion programs without undergoing court proceedings
subject to the conditions herein provided:
(a)Where the imposable penalty for the crime committed is not more
than six (6) years imprisonment, the law enforcement officer or
Punong Barangay with the assistance of the local social welfare
and development officer or other members of the LCPC shall
conduct mediation, family conferencing and conciliation and,
where appropriate, adopt indigenous modes of conflict resolution
in accordance with the best interest of the child with a view to
accomplishing the objectives of restorative justice and the
formulation of a diversion program. The child and his/her family
shall be present in these activities.
(b)In victimless crimes where the imposable penalty is not more than six
(6) years imprisonment, the local social welfare and development
officer shall meet with the child and his/her parents or guardians
for the development of the appropriate diversion and
rehabilitation program, in coordination with the BCPC;
(c)Where the imposable penalty for the crime committed exceeds six (6)
years imprisonment, diversion measures may be resorted to only
by the court.
SECTION 24.Stages Where Diversion May be Conducted. Diversion
may be conducted at the Katarungang Pambarangay, the police investigation
or the inquest or preliminary investigation stage and at all levels and phases
of the proceedings including judicial level.
SECTION 25.Conferencing, Mediation and Conciliation. A child in
conflict with the law may undergo conferencing, mediation or conciliation
outside the criminal justice system or prior to his entry into said system. A
contract of diversion may be entered into during such conferencing, mediation
or conciliation proceedings.
SECTION 26.Contract of Diversion. If during the conferencing,
mediation or conciliation, the child voluntarily admits the commission of the
act, a diversion program shall be developed when appropriate and desirable
as determined under Section 30. Such admission shall not be used against
the child in any subsequent judicial, quasi-judicial or administrative
proceedings. The diversion program shall be effective and binding if accepted
by the parties concerned. The acceptance shall be in writing and signed by
the parties concerned and the appropriate authorities. The local social welfare
and development officer shall supervise the implementation of the diversion
program. The diversion proceedings shall be completed within forty-five (45)
days. The period of prescription of the offense shall be suspended until the
completion of the diversion proceedings but not to exceed forty-five (45) days.
The child shall present himself/herself to the competent authorities that
imposed the diversion program at least once a month for reporting and
evaluation of the effectiveness of the program.
Failure to comply with the terms and conditions of the contract of
diversion, as certified by the local social welfare and development officer,
shall give the offended party the option to institute the appropriate legal
action.
The period of prescription of the offense shall be suspended during the
effectivity of the diversion program, but not exceeding a period of two (2)
years. SACTIH
SECTION 27.Duty of the Punong Barangay When There is No
Diversion. If the offense does not fall under Section 23(a) and (b), or if the
child, his/her parents or guardian does not consent to a diversion, the Punong
Barangay handling the case shall, within three (3) days from determination of
the absence of jurisdiction over the case or termination of the diversion
proceedings, as the case may be, forward the records of the case of the child
to the law enforcement officer, prosecutor or the appropriate court, as the
case may be. Upon the issuance of the corresponding document, certifying to
the fact that no agreement has been reached by the parties, the case shall be
filed according to the regular process.
SECTION 28.Duty of the Law Enforcement Officer When There is No
Diversion. If the offense does not fall under Section 23(a) and (b), or if the
child, his/her parents or guardian does not consent to a diversion, the Women
and Children Protection Desk of the PNP, or other law enforcement officer
handling the case shall, within three (3) days from determination of the
absence of jurisdiction over the case or termination of diversion proceedings,
forward the records of the case of the child under custody, to the prosecutor
of judge concerned for the conduct of inquest and/or preliminary investigation
to determine whether or not the child should remain under custody and
correspondingly charged in court. The document transmitting said records
shall display the word "CHILD" in bold letters.
SECTION 29.Factors in Determining Diversion Program. In
determining whether diversion is appropriate and desirable, the following
factors shall be taken into consideration:
(a)The nature and circumstances of the offense charged;
(b)The frequency and the severity of the act;
(c)The circumstances of the child (e.g. age, maturity, intelligence, etc.);
(d)The influence of the family and environment on the growth of the
child;
(e)The reparation of injury to the victim;
(f)The weight of the evidence against the child;
(g)The safety of the community; and
(h)The best interest of the child.
SECTION 30.Formulation of the Diversion Program. In formulating a
diversion program, the individual characteristics and the peculiar
circumstances of the child in conflict with the law shall be used to formulate an
individualized treatment.
The following factors shall be considered in formulating a diversion
program for the child:
(a)The child's feelings of remorse for the offense he/she committed;
(b)The parents' or legal guardians' ability to guide and supervise the
child;
(c)The victim's view about the propriety of the measures to be imposed;
and
(d)The availability of community-based programs for rehabilitation and
reintegration of the child.
SECTION 31.Kinds of Diversion Programs. The diversion program
shall include adequate socio-cultural and psychological responses and
services for the child. At the different stages where diversion may be resorted
to, the following diversion programs may be agreed upon, such as, but not
limited to:
(a)At the level of the Punong Barangay:
(1)Restitution of property;
(2)Reparation of the damage caused;
(3)Indemnification for consequential damages;
(4)Written or oral apology;
(5)Care, guidance and supervision orders;
(6)Counseling for the child in conflict with the law and the child's
family;
(7)Attendance in trainings, seminars and lectures on:
(i)anger management skills;
(ii)problem solving and/or conflict resolution skills;
(iii)values formation; and
(iv)other skills which will aid the child in dealing with
situations which can lead to repetition of the offense;
(8)Participation in available community-based programs,
including community service; or
(9)Participation in education, vocation and life skills programs.
(b)At the level of the law enforcement officer and the prosecutor:
(1)Diversion programs specified under paragraphs (a)(1) to (a)(9)
herein; and
(2)Confiscation and forfeiture of the proceeds or instruments of
the crime;
(c)At the level of the appropriate court:
(1)Diversion programs specified under paragraphs (a) and (b)
above;
(2)Written or oral reprimand or citation;
(3)Fine;
(4)Payment of the cost of the proceedings; or
(5)Institutional care and custody.
CHAPTER 3
Prosecution
SECTION 32.Duty of the Prosecutor's Office. There shall be a
specially trained prosecutor to conduct inquest, preliminary investigation and
prosecution of cases involving a child in conflict with the law. If there is an
allegation of torture or ill-treatment of a child in conflict with the law during
arrest or detention, it shall be the duty of the prosecutor to investigate the
same.

SECTION 33.Preliminary Investigation and Filing of Information. The
prosecutor shall conduct a preliminary investigation in the following instances:
(a) when the child in conflict with the law does not qualify for diversion; (b)
when the child, his/her parents or guardian does not agree to diversion as
specified in Sections 27 and 28; and (c) when considering the assessment
and recommendation of the social worker, the prosecutor determines that
diversion is not appropriate for the child in conflict with the law.
Upon serving the subpoena and the affidavit of complaint, the
prosecutor shall notify the Public Attorney's Office of such service, as well as
the personal information, and place of detention of the child in conflict with the
law.
Upon determination of probable cause by the prosecutor, the
information against the child shall be filed before the Family Court within forty-
five (45) days from the start of the preliminary investigation.
CHAPTER 4
Court Proceedings
SECTION 34.Bail. For purpose of recommending the amount of bail,
the privileged mitigating circumstance of minority shall be considered.
SECTION 35.Release on Recognizance. Where a child is detained,
the court shall order:
(a)the release of the minor or recognizance to his/her parents and other
suitable persons; AHDcCT
(b)the release of the child in conflict with the law on bail; or
(c)the transfer of the minor to a youth detention home/youth
rehabilitation center.
The court shall not order the detention of a child in a jail pending trial or
hearing of his/her case.
SECTION 36.Detention of the Child Pending Trial. Children detained
pending trial may be released on bail or recognizance as provided for under
Sections 34 and 35 under this Act. In all other cases and whenever possible,
detention pending trial may be replaced by alternative measures, such as
close supervision, intensive care or placement with a family or in an
educational setting or home. Institutionalization or detention of the child
pending trial shall be used only as a measure of last resort and for the
shortest possible period of time.
Whenever detention is necessary, a child will always be detained in
youth detention homes established by local governments, pursuant to Section
8 of the Family Courts Act, in the city or municipality where the child resides.
In the absence of a youth detention home, the child in conflict with the
law may be committed to the care of the DSWD or a local rehabilitation center
recognized by the government in the province, city or municipality within the
jurisdiction of the court. The center or agency concerned shall be responsible
for the child's appearance to court whenever required.
SECTION 37.Diversion Measures. Where the maximum penalty
imposed by law for the offense with which the child in conflict with the law is
charged is imprisonment of not more than twelve (12) years, regardless of the
fine or fine alone regardless of the amount, and before arraignment of the
child in conflict with the law, the court shall determine whether or not diversion
is appropriate.
SECTION 38.Automatic Suspension of Sentence. Once the child
who is under eighteen (18) years of age at the time of the commission of the
offense is found guilty of the offense charged, the court shall determine and
ascertain any civil liability which may have resulted from the offense
committed. However, instead of pronouncing the judgment of conviction, the
court shall place the child in conflict with the law under suspended sentence,
without need of application: Provided, however, That suspension of sentence
shall still be applied even if the juvenile is already eighteen years (18) of age
or more at the time of the pronouncement of his/her guilt.
Upon suspension of sentence and after considering the various
circumstances of the child, the court shall impose the appropriate disposition
measures as provided in the Supreme Court Rule on Juveniles in Conflict with
the Law.
SECTION 39.Discharge of the Child in Conflict with the Law. Upon
the recommendation of the social worker who has custody of the child, the
court shall dismiss the case against the child whose sentence has been
suspended and against whom disposition measures have been issued, and
shall order the final discharge of the child if it finds that the objective of the
disposition measures have been fulfilled.
The discharge of the child in conflict with the law shall not affect the civil
liability resulting from the commission of the offense, which shall be enforced
in accordance with law.
SECTION 40.Return of the Child in Conflict with the Law to Court. If
the court finds that the objective of the disposition measures imposed upon
the child in conflict with the law have not been fulfilled, or if the child in conflict
with the law has willfully failed to comply with the conditions of his/her
disposition or rehabilitation program, the child in conflict with the law shall be
brought before the court for execution of judgment.
If said child in conflict with the law has reached eighteen (18) years of
age while under suspended sentence, the court shall determine whether to
discharge the child in accordance with this Act, to order execution of
sentence, or to extend the suspended sentence for a certain specified period
or until the child reaches the maximum age of twenty-one (21) years.
SECTION 41.Credit in Service of Sentence. The child in conflict with
the law shall be credited in the services of his/her sentence with the full time
spent in actual commitment and detention under this Act.
SECTION 42.Probation as an Alternative to Imprisonment. The court
may, after it shall have convicted and sentenced a child in conflict with the
law, and upon application at any time, place the child, on probation in lieu of
service of his/her sentence taking into account the best interest of the child.
For this purpose, Section 4 ofPresidential Decree No. 968, otherwise known
as the "Probation Law of 1976," is hereby amended accordingly.
CHAPTER 5
Confidentiality of Records and Proceedings
SECTION 43.Confidentiality of Records and Proceedings. All
records and proceedings involving children in conflict with the law from initial
contact until final disposition of the case shall be considered privileged and
confidential. The public shall be excluded during the proceedings and the
records shall not be disclosed directly or indirectly to anyone by any of the
parties or the participants in the proceedings for any purpose whatsoever,
except to determine if the child in conflict with the law may have his/her
sentence suspended or if he/she may be granted probation under the
Probation Law, or to enforce the civil liability imposed in the criminal action. IcDCaT
The component authorities shall undertake all measures to protect this
confidentiality of proceedings, including non-disclosure of records to the
media, maintaining a separate police blotter for cases involving children in
conflict with the law and adopting a system of coding to conceal material
information which will lead to the child's identity. Records of a child in conflict
with the law shall not be used in subsequent proceedings for cases involving
the same offender as an adult, except when beneficial for the offender and
upon his/her written consent.
A person who has been in conflict with the law as a child shall not be
held under any provision of law, to be guilty of perjury or of concealment or
misrepresentation by reason of his/her failure to acknowledge the case or
recite any fact related thereto in response to any inquiry made to him/her for
any purpose.
TITLE VI
Rehabilitation and Reintegration
SECTION 44.Objective of Rehabilitation and Reintegration. The
objective of rehabilitation and reintegration of children in conflict with the law
is to provide them with interventions, approaches and strategies that will
enable them to improve their social functioning with the end goal of
reintegration to their families and as productive members of their
communities.
SECTION 45.Court Order Required. No child shall be received in
any rehabilitation or training facility without a valid order issued by the court
after a hearing for the purpose. The details of this order shall be immediately
entered in a register exclusively for children in conflict with the law. No child
shall be admitted in any facility where there is no such register. AHSaTI
SECTION 46.Separate Facilities from Adults. In all rehabilitation or
training facilities, it shall be mandatory that children shall be separated from
adults unless they are members of the same family. Under no other
circumstance shall a child in conflict with the law be placed in the same
confinement as adults.
The rehabilitation, training or confinement area of children in conflict
with the law shall provide a home environment where children in conflict with
the law can be provided with quality counseling and treatment.
SECTION 47.Female Children. Female children in conflict with the
law placed in an institution shall be given special attention as to their personal
needs and problems. They shall be handled by female doctors, correction
officers and social workers, and shall be accommodated separately from male
children in conflict with the law.
SECTION 48.Gender-Sensitivity Training. No personnel of
rehabilitation and training facilities shall handle children in conflict with the law
without having undergone gender sensitivity training.
SECTION 49.Establishment of Youth Detention Homes. The LGUs
shall set aside an amount to build youth detention homes as mandated by the
Family Courts Act. Youth detention homes may also be established by private
and NGOs licensed and accredited by the DSWD, in consultation with the
JJWC.
SECTION 50.Care and Maintenance of the Child in Conflict with the
Law. The expenses for the care and maintenance of a child in conflict with
the law under institutional care shall be borne by his/her parents or those
persons liable to support him/her: Provided, That in case his/her parents or
those persons liable to support him/her cannot pay all or part of said
expenses, the municipality where the offense was committed shall pay one-
third (1/3) of said expenses or part thereof; the province to which the
municipality belongs shall pay one-third (1/3) and the remaining one-third
(1/3) shall be borne by the national government. Chartered cities shall pay
two-thirds (2/3) of said expenses; and in case a chartered city cannot pay said
expenses, part of the internal revenue allotments applicable to the unpaid
portion shall be withheld and applied to the settlement of said
obligations: Provided, further, That in the event that the child in conflict with
the law is not a resident of the municipality/city where the offense was
committed, the court, upon its determination, may require the city/municipality
where the child in conflict with the law resides to shoulder the cost.

All city and provincial governments must exert effort for the immediate
establishment of local detention homes for children in conflict with the law.
SECTION 51.Confinement of Convicted Children in Agricultural Camps
and other Training Facilities. A child in conflict with the law may, after
conviction and upon order of the court, be made to serve his/her sentence, in
lieu of confinement in a regular penal institution, in an agricultural camp and
other training facilities that may be established, maintained, supervised and
controlled by the BUCOR, in coordination with the DSWD.
SECTION 52.Rehabilitation of Children in Conflict with the Law.
Children in conflict with the law, whose sentences are suspended may, upon
order of the court, undergo any or a combination of disposition measures best
suited to the rehabilitation and welfare of the child as provided in the Supreme
Court Rule on Juveniles in Conflict with the Law. DacASC
If the community-based rehabilitation is availed of by a child in conflict
with the law, he/she shall be released to parents, guardians, relatives or any
other responsible person in the community. Under the supervision and
guidance of the local social welfare and development officer, and in
coordination with his/her parents/guardian, the child in conflict with the law
shall participate in community-based programs, which shall include, but not
limited to:
(1)Competency and life skills development;
(2)Socio-cultural and recreational activities;
(3)Community volunteer projects;
(4)Leadership training;
(5)Social services;
(6)Homelife services;
(7)Health services;
(8)Spiritual enrichment; and
(9)Community and family welfare services.
In accordance therewith, the family of the child in conflict with the law
shall endeavor to actively participate in the community-based rehabilitation.
Based on the progress of the youth in the community, a final report will
be forwarded by the local social welfare and development officer to the court
for final disposition of the case.
If the community-based programs are provided as diversion measures
under Chapter II, Title V, the programs enumerated above shall be made
available to the child in conflict with the law.
SECTION 53.Youth Rehabilitation Center. The youth rehabilitation
center shall provide 24-hour group care, treatment and rehabilitation services
under the guidance of a trained staff where residents are cared for under a
structured therapeutic environment with the end view of reintegrating them in
their families and communities as socially functioning individuals. A quarterly
report shall be submitted by the center to the proper court on the progress of
the children in conflict with the law. Based on the progress of the youth in the
center, a final report will be forwarded to the court for final disposition of the
case. The DSWD shall establish youth rehabilitation centers in each region of
the country.
SECTION 54.Objectives of Community-Based Programs. The
objectives of community-based programs are as follows:
(a)Prevent disruption in the education or means of livelihood of the child
in conflict with the law in case he/she is studying, working or
attending vocational learning institutions;
(b)Prevent separation of the child in conflict with the law from his/her
parents/guardians to maintain the support system fostered by
their relationship and to create greater awareness of their mutual
and reciprocal responsibilities;
(c)Facilitate the rehabilitation and mainstreaming of the child in conflict
with the law and encourage community support and involvement;
and
(d)Minimize the stigma that attaches to the child in conflict with the law
by preventing jail detention. aCATSI
SECTION 55.Criteria of Community-Based Programs. Every LGU
shall establish community-based programs that will focus on the rehabilitation
and reintegration of the child. All programs shall meet the criteria to be
established by the JJWC which shall take into account the purpose of the
program, the need for the consent of the child and his/her parents or legal
guardians, and the participation of the child-centered agencies whether public
or private.
SECTION 56.After-Care Support Services for Children in Conflict with
the Law. Children in conflict with the law whose cases have been
dismissed by the proper court because of good behavior as per
recommendation of the DSWD social worker and/or any accredited NGO
youth rehabilitation center shall be provided after-care services by the local
social welfare and development officer for a period of at least six (6) months.
The service includes counseling and other community-based services
designed to facilitate social reintegration, prevent re-offending and make the
children productive members of the community.
TITLE VII
General Provisions
CHAPTER 1
Exempting Provisions
SECTION 57.Status Offenses. Any conduct not considered an
offense or not penalized if committed by an adult shall not be considered an
offense and shall not be punished if committed by a child.
SECTION 58.Offenses Not Applicable to Children. Persons below
eighteen (18) years of age shall be exempt from prosecution for the crime of
vagrancy and prostitution under Section 202 of the Revised Penal Code, of
mendicancy under Presidential Decree No. 1563, and sniffing of rugby
under Presidential Decree No. 1619, such prosecution being inconsistent with
the United Nations Convention on the Rights of the Child: Provided, That said
persons shall undergo appropriate counseling and treatment program.
SECTION 59.Exemption from the Application of Death Penalty. The
provisions of the Revised Penal Code, as amended, Republic Act No. 9165,
otherwise known as the Comprehensive Dangerous Drugs Act of 2002, and
other special laws notwithstanding, no death penalty shall be imposed upon
children in conflict with the law.
CHAPTER 2
Prohibited Acts
SECTION 60.Prohibition Against Labeling and Shaming. In the
conduct of the proceedings beginning from the initial contact with the child,
the competent authorities must refrain from branding or labeling children as
young criminals, juvenile delinquents, prostitutes or attaching to them in any
manner any other derogatory names. Likewise, no discriminatory, remarks
and practices shall be allowed particularly with respect to the child's class or
ethnic origin.
SECTION 61.Other Prohibited Acts. The following and any other
similar acts shall be considered prejudicial and detrimental to the
psychological, emotional, social, spiritual, moral and physical health and well-
being of the child in conflict with the law and therefore, prohibited:
(a)Employment of threats of whatever kind and nature; ACIDTE
(b)Employment of abusive, coercive and punitive measures such as
cursing, beating, stripping, and solitary confinement;
(c)Employment of degrading, inhuman and cruel forms of punishment
such as shaving the heads, pouring irritating, corrosive or harmful
substances over the body of the child in conflict with the law, or
forcing him/her to walk around the community wearing signs
which embarrass, humiliate, and degrade his/her personality and
dignity; and
(d)Compelling the child to perform involuntary servitude in any and all
forms under any and all instances.
CHAPTER 3
Penal Provision
SECTION 62.Violation of the Provisions of this Act or Rules or
Regulations in General. Any person who violates any provision of this Act
or any rule or regulation promulgated in accordance thereof shall, upon
conviction for each act or omission, be punished by a fine of not less than
Twenty thousand pesos (P20,000.00) but not more than Fifty thousand pesos
(P50,000.00) or suffer imprisonment of not less than eight (8) years but not
more than ten (10) years, or both such fine and imprisonment at the discretion
of the court, unless a higher penalty is provided for in the Revised Penal Code
or special laws. If the offender is a public officer or employee, he/she shall, in
addition to such fine and/or imprisonment, be held administratively liable and
shall suffer the penalty of perpetual absolute disqualification.
CHAPTER 4
Appropriation Provision
SECTION 63.Appropriations. The amount necessary to carry out the
initial implementation of this Act shall be charged to the Office of the
President. Thereafter, such sums as may be necessary for the continued
implementation of this Act shall be included in the succeeding General
Appropriations Act.
An initial amount of Fifty million pesos (P50,000,000.00) for the purpose
of setting up the JJWC shall be taken from the proceeds of the Philippine
Charity Sweepstakes Office.
TITLE VIII
Transitory Provisions
SECTION 64.Children in Conflict with the Law Fifteen (15) Years Old
and Below. Upon effectivity of this Act, cases of children fifteen (15) years
old and below at the time of the commission of the crime shall immediately be
dismissed and the child shall be referred to the appropriate local social
welfare and development officer. Such officer, upon thorough assessment of
the child, shall determine whether to release the child to the custody of his/her
parents, or refer the child to prevention programs, as provided under this Act.
Those with suspended sentences and undergoing rehabilitation at the youth
rehabilitation center shall likewise be released, unless it is contrary to the best
interest of the child.
SECTION 65.Children Detained Pending Trial. If the child is detained
pending trial, the Family Court shall also determine whether or not continued
detention is necessary and, if not, determine appropriate alternatives for
detention. If detention is necessary and he/she is detained with adults, the
court shall immediately order the transfer of the child to a youth detention
home.
SECTION 66.Inventory of "Locked-up" and Detained Children in
Conflict with the Law. The PNP, the BJMP and the BUCOR are hereby
directed to submit to the JJWC, within ninety (90) days from the effectivity of
this Act, an inventory of all children in conflict with the law under their custody.

SECTION 67.Children Who Reach the Age of Eighteen (18) Years
Pending Diversion and Court Proceedings. If a child reaches the age of
eighteen (18) years pending diversion and court proceedings, the appropriate
diversion authority in consultation with the local social welfare and
development officer or the Family Court in consultation with the Social
Services and Counseling Division (SSCD) of the Supreme Court, as the case
may be, shall determine the appropriate disposition. In case the appropriate
court executes the judgment of conviction, and unless the child in conflict with
the law has already availed of probation under, Presidential Decree No.
603 or other similar laws, the child may apply for probation if qualified under
the provisions of the Probation Law.
SECTION 68.Children Who Have Been Convicted and are Serving
Sentences. Persons who have been convicted and are serving sentence at
the time of the effectivity of this Act, and who were below the age of eighteen
(18) years at the time of the commission of the offense for which they were
convicted and are serving sentence, shall likewise benefit from the retroactive
application of this Act. They shall be entitled to appropriate dispositions
provided under this Act and their sentences shall be adjusted accordingly.
They shall be immediately released if they are so qualified under this Act or
other applicable law.
TITLE IX
Final Provisions
SECTION 69.Rule Making Power. The JJWC shall issue the IRRs for
the implementation of the provisions of this Act within ninety (90) days from
the effectivity thereof. cDHAES
SECTION 70.Separability Clause. If, for any reason, any section or
provision of this Act is declared unconstitutional or invalid by the Supreme
Court, the other sections or provisions hereof not affected by such declaration
shall remain in full force and effect.
SECTION 71.Repealing Clause. All existing laws, orders, degrees,
rules and regulations or parts thereof inconsistent with the provisions of this
Act are hereby repealed or modified accordingly.
SECTION 72.Effectivity. This Act shall take effect after fifteen (15)
days from its publication in at least two (2) national newspaper of general
circulation.
Approved: April 28, 2006
Published in The Manila Times on May 5, 2006.

||| (Juvenile Justice and Welfare Act of 2006, REPUBLIC ACT NO. 9344 [2006])
PRESIDENTIAL DECREE NO. 1866
CODIFYING THE LAWS ON ILLEGAL/UNLAWFUL POSSESSION,
MANUFACTURE, DEALING IN, ACQUISITION OR DISPOSITION, OF FIREARMS,
AMMUNITION OR EXPLOSIVES OR INSTRUMENTS USED IN THE
MANUFACTURE OF FIREARMS, AMMUNITION OR EXPLOSIVES, AND
IMPOSING STIFFER PENALTIES FOR CERTAIN VIOLATIONS THEREOF AND
FOR RELEVANT PURPOSES
WHEREAS, there has been an upsurge of crimes vitally affecting public
order and safety due to the proliferation of illegally possessed and
manufactured firearms, ammunition and explosives;
WHEREAS, these criminal acts have resulted in loss of human lives,
damage to property and destruction of valuable resources of the country; cdasia
WHEREAS, there are various laws and presidential decrees which
penalized illegal possession and manufacture of firearms, ammunition and
explosives;
WHEREAS, there is a need to consolidate, codify and integrate said
laws and presidential decrees to harmonize their provisions;
WHEREAS, there are some provisions in said laws and presidential
decrees which must be updated and revised in order to more effectively deter
violators of the law on firearms, ammunition and explosives;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the
Philippines, by virtue of the powers in me vested by the Constitution, do
hereby decree: casia
SECTION 1.Unlawful Manufacture, Sale, Acquisition, Disposition or
Possession of Firearms or Ammunition or Instruments Used or Intended to be
Used in the Manufacture of Firearms or Ammunition. The penalty
of reclusion temporal in its maximum period to reclusion perpetua shall be
imposed upon any person who shall unlawfully manufacture, deal in, acquire,
dispose, or possess any firearm, part of firearm, ammunition or machinery,
tool or instrument used or intended to be used in the manufacture of any
firearm or ammunition.
If homicide or murder is committed with the use of an unlicensed
firearm, the penalty of death shall be imposed.
If the violation of this Section is in furtherance of, or incident to, or in
connection with the crimes of rebellion, insurrection or subversion, the penalty
of death shall be imposed.
The penalty of reclusion temporal in its maximum period to reclusion
perpetuashall be imposed upon the owner, president, manager, director or
other responsible officer of any public or private firm, company, corporation or
entity, who shall willfully or knowingly allow any of the firearms owned by such
firm, company, corporation or entity to be used by any person or persons
found guilty of violating the provisions of the preceding paragraphs.
The penalty of prision mayor shall be imposed upon any person who
shall carry any licensed firearm outside his residence without legal authority
therefor.
SECTION 2.Presumption of Illegal Manufacture of Firearms or
Ammunition. The possession of any machinery, tool or instrument used
directly in the manufacture of firearms or ammunition, by any person whose
business or employment does not lawfully deal with the manufacture of
firearms or ammunition, shall beprima facie evidence that such article is
intended to be used in the unlawful/illegal manufacture of firearms or
ammunition.
SECTION 3.Unlawful Manufacture, Sale, Acquisition, Disposition or
Possession of Explosives. The penalty of reclusion temporal in its
maximum period toreclusion perpetua shall be imposed upon any person who
shall unlawfully manufacture, assemble, deal in, acquire, dispose or possess
handgrenade(s), rifle grenade(s), and other explosives, including but not
limited to "pillbox bombs", "molotov cocktail bombs", "fire bombs", or other
incendiary devices capable of producing destructive effect on contiguous
objects or causing injury or death to any person.
Any person who commits any of the crimes defined in the Revised
Penal Code or special laws with the use of the aforementioned explosives,
detonation agents or incendiary devices, which results in the death of any
person or persons shall be punished with the penalty of death.
If the violation of this Section is in furtherance of, or incident to, or in
connection with the crimes of rebellion, insurrection or subversion, the penalty
of death shall be imposed. cda
The penalty of reclusion temporal in its maximum period to reclusion
perpetua shall be imposed upon the owner, president, manager, director or
other responsible officer of any public or private firm, company, corporation or
entity, who shall willfully or knowingly allow any of the explosives owned by
such firm, company, corporation or entity to be used by any person or persons
found guilty of violating the provisions of the preceding paragraphs.
SECTION 4.Presumption of Unlawful Manufacture. The possession
of any machinery, tool or instrument directly used in the manufacture of
explosives, by any person whose business or employment does not lawfully
deal with the manufacture of explosives shall be prima facie evidence that
such article is intended to be used in the unlawful/illegal manufacture of
explosives.
SECTION 5.Tampering of Firearm's Serial Number. The penalty
of prision mayor shall be imposed upon any person who shall unlawfully
tamper, change, deface or erase the serial number of any firearm.
SECTION 6.Repacking or Altering the Composition of Lawfully
Manufactured Explosives. The penalty of prision mayor shall be imposed
upon any person who shall unlawfully repack, alter or modify the composition
of any lawfully manufactured explosives.
SECTION 7.Unauthorized Issuance of Authority to Carry Firearm and/or
Ammunition Outside of Residence. The penalty of prision correccional shall
be imposed upon any person, civilian or military, who shall issue authority to
carry firearm and/or ammunition outside of residence, without authority
therefor. cda
SECTION 8.Rules and Regulations. The Chief of the Philippine
Constabulary shall promulgate the rules and regulations for the effective
implementation of this Decree. acd
SECTION 9.Repealing Clause. The provisions of Republic Act No.
4, Presidential Decree No. 9, Presidential Decree No. 1728 and all laws,
decrees, orders, instructions, rules and regulations which are inconsistent with
this Decree are hereby repealed, amended or modified accordingly.
SECTION 10.Effectivity. This Decree shall take effect after fifteen
(15) days following the completion of its publication in the Official Gazette.
DONE in the City of Manila, this 29th day of June, in the year of Our
Lord, Nineteen Hundred and Eighty-Three.
Published in the Official Gazette, Vol. 79 No. 27 Page 3879 on July 4, 1983.
||| (CODIFYING THE LAWS ON ILLEGAL/UNLAWFUL POSSESSION,
MANUFACTURE, DEALING IN, ACQUISITION OR DISPOSITION, OF
FIREARMS, AMMUNITION OR EXPLOSIVES OR INSTRUMENTS USED IN
THE MANUFACTURE OF FIREARMS, AMMUNITION OR EXPLOSIVES, AND
IMPOSING STIFFER PENALTIES FOR CERTAIN VIOLATIONS THEREOF
AND FOR RELEVANT PURPOSES, PRESIDENTIAL DECREE NO. 1866
[1983])
REPUBLIC ACT NO. 8294
AN ACT AMENDING THE PROVISIONS OF PRESIDENTIAL DECREE NO. 1866,
AS AMENDED, ENTITLED "CODIFYING THE LAWS ON ILLEGAL/UNLAWFUL
POSSESSION, MANUFACTURE, DEALING IN, ACQUISITION OR DISPOSITION
OF FIREARMS, AMMUNITION OR EXPLOSIVES OR INSTRUMENTS USED IN
THE MANUFACTURE OF FIREARMS, AMMUNITION OR EXPLOSIVES, AND
IMPOSING STIFFER PENALTIES FOR CERTAIN VIOLATIONS THEREOF, AND
FOR RELEVANT PURPOSES"
SECTION 1.Section 1 of Presidential Decree No. 1866, as amended, is hereby
further amended to read as follows:
"SEC. 1.Unlawful Manufacture, Sale, Acquisition, Disposition or
Possession of Firearms or Ammunition or Instruments Used or Intended
to be Used in the Manufacture of Firearms or Ammunition. The
penalty of prision correccional in its maximum period and a fine of not
less than Fifteen thousand pesos (P15,000) shall be imposed upon any
person who shall unlawfully manufacture, deal in, acquire, dispose, or
possess any low powered firearm, such as rimfire handgun, .380 or .32
and other firearm of similar firepower, part of firearm, ammunition, or
machinery, tool or instrument used or intended to be used in the
manufacture of any firearm or ammunition: Provided, That no other
crime was committed.
"The penalty of prision mayor in its minimum period and a fine of Thirty
thousand pesos (P30,000) shall be imposed if the firearm is classified as
high powered firearm which includes those with bores bigger in diameter
than .38 caliber and 9 millimeter such as caliber .40, .41, .44, .45 and
also lesser calibered firearms but considered powerful such as caliber
.357 and caliber .22 center-fire magnum and other firearms with firing
capability of full automatic and by burst of two or three:Provided,
however, That no other crime was committed by the person arrested.
"If homicide or murder is committed with the use of an unlicensed
firearm, such use of an unlicensed firearm shall be considered as an
aggravating circumstance.
"If the violation of this Section is in furtherance of or incident to, or in
connection with the crime of rebellion or insurrection, sedition, or
attempted coup d'tat, such violation shall be absorbed as an element of
the crime of rebellion, or insurrection, sedition, or attempted coup d'tat.
"The same penalty shall be imposed upon the owner, president,
manager, director or other responsible officer of any public or private
firm, company, corporation or entity, who shall willfully or knowingly allow
any of the firearms owned by such firm, company, corporation or entity
to be used by any person or persons found guilty of violating the
provisions of the preceding paragraphs or willfully or knowingly allow any
of them to use unlicensed firearms or firearms without any legal authority
to be carried outside of their residence in the course of their
employment.
"The penalty of arresto mayor shall be imposed upon any person who
shall carry any licensed firearm outside his residence without legal
authority therefor."
SECTION 2.Section 3 of Presidential Decree No. 1866, as amended, is hereby
further amended to read as follows:
"SEC. 3.Unlawful Manufacture, Sale, Acquisition, Disposition or
Possession of Explosives. The penalty of prision mayor in its
maximum period to reclusion temporal and a fine of not less than Fifty
thousand pesos (P50,000) shall be imposed upon any person who shall
unlawfully manufacture, assemble, deal in, acquire, dispose or possess
hand grenade(s), rifle grenade(s), and other explosives, including but not
limited to 'pillbox,' 'molotov cocktail bombs,' 'fire bombs,' or other
incendiary devices capable of producing destructive effect on contiguous
objects or causing injury or death to any person. cdtai
"When a person commits any of the crimes defined in the Revised Penal
Code or special laws with the use of the aforementioned explosives,
detonation agents or incendiary devices, which results in the death of
any person or persons, the use of such explosives, detonation agents or
incendiary devices shall be considered as an aggravating circumstance.
"If the violation of this Section is in furtherance of, or incident to, or in
connection with the crime of rebellion, insurrection, sedition or
attempted coup d'tat, such violation shall be absorbed as an element of
the crimes of rebellion, insurrection, sedition or attempted coup d'tat.
"The same penalty shall be imposed upon the owner, president,
manager, director or other responsible officer of any public or private
firm, company, corporation or entity, who shall willfully or knowingly allow
any of the explosives owned by such firm, company, corporation or
entity, to be used by any person or persons found guilty of violating the
provisions of the preceding paragraphs."
SECTION 3.Section 5 of Presidential Decree No. 1866, as amended, is hereby
further amended to read as follows:
"SEC. 5.Tampering of Firearm's Serial Number. The penalty of prision
correccional shall be imposed upon any person who shall unlawfully
tamper, change, deface or erase the serial number of any firearm."
SECTION 4.Section 6 of Presidential Decree No. 1866, as amended, is hereby
further amended to read as follows:
"SEC. 6.Repacking or Altering the Composition of Lawfully
Manufactured Explosives. The penalty of prision correccional shall be
imposed upon any person who shall unlawfully repack, alter or modify
the composition of any lawfully manufactured explosives."
SECTION 5.Coverage of the Term Unlicensed Firearm. The term unlicensed
firearm shall include:
1)firearms with expired license; or
2)unauthorized use of licensed firearm in the commission of the
crime.
SECTION 6.Rules and Regulations. The Department of Justice and the
Department of the Interior and Local Government shall jointly issue, within ninety
(90) days after the approval of this Act, the necessary rules and regulations
pertaining to the administrative aspect of the provisions hereof, furnishing the
Committee on Public Order and Security and the Committee on Justice and
Human Rights of both Houses of Congress copies of such rules and regulations
within thirty (30) days from the promulgation hereof.
SECTION 7.Separability Clause. If, for any reason, any section or provision of
this Act is declared to be unconstitutional or invalid, the other sections or
provisions thereof which are not affected thereby shall continue to be in full force
and effect.
SECTION 8.Repealing Clause. All laws, decrees, orders, rules and
regulations or parts thereof inconsistent with the provisions of this Act are hereby
repealed, amended, or modified accordingly.
SECTION 9.Effectivity. This Act shall take effect after fifteen (15) days
following its publication in the Official Gazette or in two (2) newspapers of
general circulation.
Approved: June 6, 1997
Published in Malaya and the Philippine Times Journal on June 21, 1997.
Published in the Official Gazette, Vol. 93 No. 36 Page 5550 on September 8,
1997.

||| (Amendments to P.D. No. 1866 Re: Illegal Possession of Firearms, REPUBLIC
ACT NO. 8294 [1997])
REPUBLIC ACT NO. 9165
AN ACT INSTITUTING THE COMPREHENSIVE DANGEROUS DRUGS ACT OF
2002, REPEALING REPUBLIC ACT NO. 6425, OTHERWISE KNOWN AS THE
DANGEROUS DRUGS ACT OF 1972, AS AMENDED, PROVIDING FUNDS
THEREFOR, AND FOR OTHER PURPOSES
SECTION 1.Short Title. This Act shall be known and cited as the
"Comprehensive Dangerous Drugs Act of 2002". DHITcS
SECTION 2.Declaration of Policy. It is the policy of the State to safeguard the
integrity of its territory and the well-being of its citizenry particularly the youth,
from the harmful effects of dangerous drugs on their physical and mental well-
being, and to defend the same against acts or omissions detrimental to their
development and preservation. In view of the foregoing, the State needs to
enhance further the efficacy of the law against dangerous drugs, it being one of
today's more serious social ills.
Toward this end, the government shall pursue an intensive and unrelenting
campaign against the trafficking and use of dangerous drugs and other similar
substances through an integrated system of planning, implementation and
enforcement of anti-drug abuse policies, programs, and projects. The
government shall however aim to achieve a balance in the national drug control
program so that people with legitimate medical needs are not prevented from
being treated with adequate amounts of appropriate medications, which include
the use of dangerous drugs.
It is further declared the policy of the State to provide effective mechanisms or
measures to re-integrate into society individuals who have fallen victims to drug
abuse or dangerous drug dependence through sustainable programs of
treatment and rehabilitation.
ARTICLE I
Definition of Terms
SECTION 3.Definitions. As used in this Act, the following terms shall mean:
(a)Administer. Any act of introducing any dangerous drug into
the body of any person, with or without his/her knowledge,
by injection, inhalation, ingestion or other means, or of
committing any act of indispensable assistance to a person
in administering a dangerous drug to himself/herself unless
administered by a duly licensed practitioner for purposes of
medication.
(b)Board. Refers to the Dangerous Drugs Board under Section
77, Article IX of this Act.
(c)Centers. Any of the treatment and rehabilitation centers for
drug dependents referred to in Section 75, Article VIII of this
Act.
(d)Chemical Diversion. The sale, distribution, supply or
transport of legitimately imported, in-transit, manufactured or
procured controlled precursors and essential chemicals, in
diluted, mixtures or in concentrated form, to any person or
entity engaged in the manufacture of any dangerous drug,
and shall include packaging, repackaging, labeling,
relabeling or concealment of such transaction through fraud,
destruction of documents, fraudulent use of permits,
misdeclaration, use of front companies or mail fraud.
(e)Clandestine Laboratory. Any facility used for the illegal
manufacture of any dangerous drug and/or controlled
precursor and essential chemical.
(f)Confirmatory Test. An analytical test using a device, tool or
equipment with a different chemical or physical principle that
is more specific which will validate and confirm the result of
the screening test.
(g)Controlled Delivery. The investigative technique of allowing
an unlawful or suspect consignment of any dangerous drug
and/or controlled precursor and essential chemical,
equipment or paraphernalia, or property believed to be
derived directly or indirectly from any offense, to pass into,
through or out of the country under the supervision of an
authorized officer, with a view to gathering evidence to
identify any person involved in any dangerous drugs related
offense, or to facilitate prosecution of that offense.
(h)Controlled Precursors and Essential Chemicals. Include
those listed in Tables I and II of the 1988 UN Convention
Against Illicit Traffic in Narcotic Drugs and Psychotropic
Substances as enumerated in the attached annex, which is
an integral part of this Act.
(i)Cultivate or Culture. Any act of knowingly planting, growing,
raising, or permitting the planting, growing or raising of any
plant which is the source of a dangerous drug.
(j)Dangerous Drugs. Include those listed in the Schedules
annexed to the 1961 Single Convention on Narcotic Drugs,
as amended by the 1972 Protocol, and in the Schedules
annexed to the 1971 Single Convention on Psychotropic
Substances as enumerated in the attached annex which is
an integral part of this Act.
(k)Deliver. Any act of knowingly passing a dangerous drug to
another, personally or otherwise, and by any means, with or
without consideration.
(l)Den, Dive or Resort. A place where any dangerous drug
and/or controlled precursor and essential chemical is
administered, delivered, stored for illegal purposes,
distributed, sold or used in any form.
(m)Dispense. Any act of giving away, selling or distributing
medicine or any dangerous drug with or without the use of
prescription. EADCHS
(n)Drug Dependence. As based on the World Health
Organization definition, it is a cluster of physiological,
behavioral and cognitive phenomena of variable intensity, in
which the use of psychoactive drug takes on a high priority
thereby involving, among others, a strong desire or a sense
of compulsion to take the substance and the difficulties in
controlling substance-taking behavior in terms of its onset,
termination, or levels of use.
(o)Drug Syndicate. Any organized group of two (2) or more
persons forming or joining together with the intention of
committing any offense prescribed under this Act.
(p)Employee of Den, Dive or Resort. The caretaker, helper,
watchman, lookout, and other persons working in the den,
dive or resort, employed by the maintainer, owner and/or
operator where any dangerous drug and/or controlled
precursor and essential chemical is administered, delivered,
distributed, sold or used, with or without compensation, in
connection with the operation thereof.
(q)Financier. Any person who pays for, raises or supplies
money for, or underwrites any of the illegal activities
prescribed under this Act.
(r)Illegal Trafficking. The illegal cultivation, culture, delivery,
administration, dispensation, manufacture, sale, trading,
transportation, distribution, importation, exportation and
possession of any dangerous drug and/or controlled
precursor and essential chemical.
(s)Instrument. Any thing that is used in or intended to be used
in any manner in the commission of illegal drug trafficking or
related offenses.
(t)Laboratory Equipment. The paraphernalia, apparatus,
materials or appliances when used, intended for use or
designed for use in the manufacture of any dangerous drug
and/or controlled precursor and essential chemical, such as
reaction vessel, preparative/purifying equipment, fermentors,
separatory funnel, flask, heating mantle, gas generator, or
their substitute.
(u)Manufacture. The production, preparation, compounding or
processing of any dangerous drug and/or controlled
precursor and essential chemical, either directly or indirectly
or by extraction from substances of natural origin, or
independently by means of chemical synthesis or by a
combination of extraction and chemical synthesis, and shall
include any packaging or repackaging of such substances,
design or configuration of its form, or labeling or relabeling of
its container; except that such terms do not include the
preparation, compounding, packaging or labeling of a drug
or other substances by a duly authorized practitioner as an
incident to his/her administration or dispensation of such
drug or substance in the course of his/her professional
practice including research, teaching and chemical analysis
of dangerous drugs or such substances that are not intended
for sale or for any other purpose.
(v)Cannabis or commonly known as "Marijuana" or "Indian Hemp"
or by its any other name. Embraces every kind, class,
genus, or specie of the plantCannabis sativa L. including, but
not limited to, Cannabis
americana, hashish, bhang, guaza, churrus and ganjab, and
embraces every kind, class and character of marijuana,
whether dried or fresh and flowering, flowering or fruiting
tops, or any part or portion of the plant and seeds thereof,
and all its geographic varieties, whether as a reefer, resin,
extract, tincture or in any form whatsoever.
(w)Methylenedioxymethamphetamine (MDMA) or commonly
known as "Ecstasy", or by its any other name. Refers to
the drug having such chemical composition, including any of
its isomers or derivatives in any form.
(x)Methamphetamine Hydrochloride or commonly known as
"Shabu", "Ice", "Meth", or by its any other name. Refers
to the drug having such chemical composition, including any
of its isomers or derivatives in any form.
(y)Opium. Refers to the coagulated juice of the opium poppy
(Papaver somniferum L.) and embraces every kind, class
and character of opium, whether crude or prepared; the
ashes or refuse of the same; narcotic preparations thereof or
therefrom; morphine or any alkaloid of opium; preparations
in which opium, morphine or any alkaloid of opium enters as
an ingredient; opium poppy; opium poppy straw; and leaves
or wrappings of opium leaves, whether prepared for use or
not.
(z)Opium Poppy. Refers to any part of the plant of the
species Papaver somniferum L., Papaver setigerum
DC, Papaver orientale, Papaver bracteatumand Papaver
rhoeas, which includes the seeds, straws, branches, leaves
or any part thereof, or substances derived therefrom, even
for floral, decorative and culinary purposes.
(aa)PDEA. Refers to the Philippine Drug Enforcement Agency
under Section 82, Article IX of this Act.
(bb)Person. Any entity, natural or juridical, including among
others, a corporation, partnership, trust or estate, joint stock
company, association, syndicate, joint venture or other
unincorporated organization or group capable of acquiring
rights or entering into obligations.

(cc)Planting of Evidence. The willful act by any person of
maliciously and surreptitiously inserting, placing, adding or
attaching directly or indirectly, through any overt or covert
act, whatever quantity of any dangerous drug and/or
controlled precursor and essential chemical in the person,
house, effects or in the immediate vicinity of an innocent
individual for the purpose of implicating, incriminating or
imputing the commission of any violation of this Act.
(dd)Practitioner. Any person who is a licensed physician,
dentist, chemist, medical technologist, nurse, midwife,
veterinarian or pharmacist in the Philippines.
(ee)Protector/Coddler. Any person who knowingly and willfully
consents to the unlawful acts provided for in this Act and
uses his/her influence, power or position in shielding,
harboring, screening or facilitating the escape of any person
he/she knows, or has reasonable grounds to believe on or
suspects, has violated the provisions of this Act in order to
prevent the arrest, prosecution and conviction of the violator.
(ff)Pusher. Any person who sells, trades, administers,
dispenses, delivers or gives away to another, on any terms
whatsoever, or distributes, dispatches in transit or transports
dangerous drugs or who acts as a broker in any of such
transactions, in violation of this Act.
(gg)School. Any educational institution, private or public,
undertaking educational operation for pupils/students
pursuing certain studies at defined levels, receiving
instructions from teachers, usually located in a building or a
group of buildings in a particular physical or cyber site.
(hh)Screening Test. A rapid test performed to establish
potential/presumptive positive result.
(ii)Sell. Any act of giving away any dangerous drug and/or
controlled precursor and essential chemical whether for
money or any other consideration.
(jj)Trading. Transactions involving the illegal trafficking of
dangerous drugs and/or controlled precursors and essential
chemicals using electronic devices such as, but not limited
to, text messages, e-mail, mobile or landlines, two-way
radios, internet, instant messengers and chat rooms or
acting as a broker in any of such transactions whether for
money or any other consideration in violation of this Act.
(kk)Use. Any act of injecting, intravenously or intramuscularly,
of consuming, either by chewing, smoking, sniffing, eating,
swallowing, drinking or otherwise introducing into the
physiological system of the body, any of the dangerous
drugs.
ARTICLE II
Unlawful Acts and Penalties
SECTION 4.Importation of Dangerous Drugs and/or Controlled Precursors and
Essential Chemicals. The penalty of life imprisonment to death and a fine
ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos
(P10,000,000.00) shall be imposed upon any person, who, unless authorized by
law, shall import or bring into the Philippines any dangerous drug, regardless of
the quantity and purity involved, including any and all species of opium poppy or
any part thereof or substances derived therefrom even for floral, decorative and
culinary purposes.
The penalty of imprisonment ranging from twelve (12) years and one (1) day to
twenty (20) years and a fine ranging from One hundred thousand pesos
(P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed
upon any person, who, unless authorized by law, shall import any controlled
precursor and essential chemical.
The maximum penalty provided for under this Section shall be imposed upon any
person, who, unless authorized under this Act, shall import or bring into the
Philippines any dangerous drug and/or controlled precursor and essential
chemical through the use of a diplomatic passport, diplomatic facilities or any
other means involving his/her official status intended to facilitate the unlawful
entry of the same. In addition, the diplomatic passport shall be confiscated and
canceled.
The maximum penalty provided for under this Section shall be imposed upon any
person, who organizes, manages or acts as a "financier" of any of the illegal
activities prescribed in this Section.
The penalty of twelve (12) years and one (1) day to twenty (20) years of
imprisonment and a fine ranging from One hundred thousand pesos
(P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed
upon any person, who acts as a "protector/coddler" of any violator of the
provisions under this Section.
SECTION 5.Sale, Trading, Administration, Dispensation, Delivery, Distribution
and Transportation of Dangerous Drugs and/or Controlled Precursors and
Essential Chemicals. The penalty of life imprisonment to death and a fine
ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos
(P10,000,000.00) shall be imposed upon any person, who, unless authorized by
law, shall sell, trade, administer, dispense, deliver, give away to another,
distribute, dispatch in transit or transport any dangerous drug, including any and
all species of opium poppy regardless of the quantity and purity involved, or shall
act as a broker in any of such transactions.
The penalty of imprisonment ranging from twelve (12) years and one (1) day to
twenty (20) years and a fine ranging from One hundred thousand pesos
(P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed
upon any person, who, unless authorized by law, shall sell, trade, administer,
dispense, deliver, give away to another, distribute, dispatch in transit or transport
any controlled precursor and essential chemical, or shall act as a broker in such
transactions.
If the sale, trading, administration, dispensation, delivery, distribution or
transportation of any dangerous drug and/or controlled precursor and essential
chemical transpires within one hundred (100) meters from the school, the
maximum penalty shall be imposed in every case.
For drug pushers who use minors or mentally incapacitated individuals as
runners, couriers and messengers, or in any other capacity directly connected to
the dangerous drugs and/or controlled precursors and essential chemicals trade,
the maximum penalty shall be imposed in every case.
If the victim of the offense is a minor or a mentally incapacitated individual, or
should a dangerous drug and/or a controlled precursor and essential chemical
involved in any offense herein provided be the proximate cause of death of a
victim thereof, the maximum penalty provided for under this Section shall be
imposed.
The maximum penalty provided for under this Section shall be imposed upon any
person who organizes, manages or acts as a "financier" of any of the illegal
activities prescribed in this Section.
The penalty of twelve (12) years and one (1) day to twenty (20) years of
imprisonment and a fine ranging from One hundred thousand pesos
(P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed
upon any person, who acts as a "protector/coddler" of any violator of the
provisions under this Section.
SECTION 6.Maintenance of a Den, Dive or Resort. The penalty of life
imprisonment to death and a fine ranging from Five hundred thousand pesos
(P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any
person or group of persons who shall maintain a den, dive or resort where any
dangerous drug is used or sold in any form.
The penalty of imprisonment ranging from twelve (12) years and one (1) day to
twenty (20) years and a fine ranging from One hundred thousand pesos
(P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed
upon any person or group of persons who shall maintain a den, dive, or resort
where any controlled precursor and essential chemical is used or sold in any
form.
The maximum penalty provided for under this Section shall be imposed in every
case where any dangerous drug is administered, delivered or sold to a minor
who is allowed to use the same in such a place.
Should any dangerous drug be the proximate cause of the death of a person
using the same in such den, dive or resort, the penalty of death and a fine
ranging from One million (P1,000,000.00) to Fifteen million pesos
(P15,000,000.00) shall be imposed on the maintainer, owner and/or operator.
If such den, dive or resort is owned by a third person, the same shall be
confiscated and escheated in favor of the government: Provided, That the
criminal complaint shall specifically allege that such place is intentionally used in
the furtherance of the crime: Provided, further, That the prosecution shall prove
such intent on the part of the owner to use the property for such
purpose: Provided, finally, That the owner shall be included as an accused in the
criminal complaint.
The maximum penalty provided for under this Section shall be imposed upon any
person who organizes, manages or acts as a "financier" of any of the illegal
activities prescribed in this Section.
The penalty of twelve (12) years and one (1) day to twenty (20) years of
imprisonment and a fine ranging from One hundred thousand pesos
(P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed
upon any person, who acts as a "protector/coddler" of any violator of the
provisions under this Section.
SECTION 7.Employees and Visitors of a Den, Dive or Resort. The penalty of
imprisonment ranging from twelve (12) years and one (1) day to twenty (20)
years and a fine ranging from One hundred thousand pesos (P100,000.00) to
Five hundred thousand pesos (P500,000.00) shall be imposed upon:
(a)Any employee of a den, dive or resort, who is aware of the
nature of the place as such; and
(b)Any person who, not being included in the provisions of the next
preceding paragraph, is aware of the nature of the place as
such and shall knowingly visit the same.
SECTION 8.Manufacture of Dangerous Drugs and/or Controlled Precursors and
Essential Chemicals. The penalty of life imprisonment to death and a fine
ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos
(P10,000,000.00) shall be imposed upon any person, who, unless authorized by
law, shall engage in the manufacture of any dangerous drug.

The penalty of imprisonment ranging from twelve (12) years and one (1) day to
twenty (20) years and a fine ranging from One hundred thousand pesos
(P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed
upon any person, who, unless authorized by law, shall manufacture any
controlled precursor and essential chemical.
The presence of any controlled precursor and essential chemical or laboratory
equipment in the clandestine laboratory is a prima facie proof of manufacture of
any dangerous drug. It shall be considered an aggravating circumstance if the
clandestine laboratory is undertaken or established under the following
circumstances:
(a)Any phase of the manufacturing process was conducted in the
presence or with the help of minor/s;
(b)Any phase or manufacturing process was established or
undertaken within one hundred (100) meters of a residential,
business, church or school premises;
(c)Any clandestine laboratory was secured or protected with booby
traps;
(d)Any clandestine laboratory was concealed with legitimate
business operations; or
(e)Any employment of a practitioner, chemical engineer, public
official or foreigner.
The maximum penalty provided for under this Section shall be imposed upon any
person, who organizes, manages or acts as a "financier" of any of the illegal
activities prescribed in this Section.
The penalty of twelve (12) years and one (1) day to twenty (20) years of
imprisonment and a fine ranging from One hundred thousand pesos
(P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed
upon any person, who acts as a "protector/coddler" of any violator of the
provisions under this Section.
SECTION 9.Illegal Chemical Diversion of Controlled Precursors and Essential
Chemicals. The penalty of imprisonment ranging from twelve (12) years and
one (1) day to twenty (20) years and a fine ranging from One hundred thousand
pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be
imposed upon any person, who, unless authorized by law, shall illegally divert
any controlled precursor and essential chemical.
SECTION 10.Manufacture or Delivery of Equipment, Instrument, Apparatus, and
Other Paraphernalia for Dangerous Drugs and/or Controlled Precursors and
Essential Chemicals. The penalty of imprisonment ranging from twelve (12)
years and one (1) day to twenty (20) years and a fine ranging from One hundred
thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00)
shall be imposed upon any person who shall deliver, possess with intent to
deliver, or manufacture with intent to deliver equipment, instrument, apparatus
and other paraphernalia for dangerous drugs, knowing, or under circumstances
where one reasonably should know, that it will be used to plant, propagate,
cultivate, grow, harvest, manufacture, compound, convert, produce, process,
prepare, test, analyze, pack, repack, store, contain or conceal any dangerous
drug and/or controlled precursor and essential chemical in violation of this Act.
The penalty of imprisonment ranging from six (6) months and one (1) day to four
(4) years and a fine ranging from Ten thousand pesos (P10,000.00) to Fifty
thousand pesos (P50,000.00) shall be imposed if it will be used to inject, ingest,
inhale or otherwise introduce 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 uses a minor or a mentally incapacitated individual to deliver such
equipment, instrument, apparatus and other paraphernalia for dangerous drugs.
SECTION 11.Possession of Dangerous Drugs. The penalty of life
imprisonment to death and a fine ranging from Five hundred thousand pesos
(P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any
person, who, unless authorized by law, shall possess any dangerous drug in the
following quantities, regardless of the degree of purity thereof:
(1)10 grams or more of opium;
(2)10 grams or more of morphine;
(3)10 grams or more of heroin; CTEDSI
(4)10 grams or more of cocaine or cocaine hydrochloride;
(5)50 grams or more of methamphetamine hydrochloride or
"shabu";
(6)10 grams or more of marijuana resin or marijuana resin oil;
(7)500 grams or more of marijuana; and
(8)10 grams or more of other dangerous drugs such as, but not
limited to, methylenedioxymethamphetamine (MDMA) or
"ecstasy", paramethoxyamphetamine (PMA),
trimethoxyamphetamine (TMA), lysergic acid diethylamine
(LSD), gamma hydroxybutyrate (GHB), and those similarly
designed or newly introduced drugs and their derivatives,
without having any therapeutic value or if the quantity
possessed is far beyond therapeutic requirements, as
determined and promulgated by the Board in accordance to
Section 93, Article XI of this Act.
Otherwise, if the quantity involved is less than the foregoing quantities, the
penalties shall be graduated as follows:
(1)Life imprisonment and a fine ranging from Four hundred
thousand pesos (P400,000.00) to Five hundred thousand
pesos (P500,000.00), if the quantity of methamphetamine
hydrochloride or "shabu" is ten (10) grams or more but less
than fifty (50) grams;
(2)Imprisonment of twenty (20) years and one (1) day to life
imprisonment and a fine ranging from Four hundred
thousand pesos (P400,000.00) to Five hundred thousand
pesos (P500,000.00), if the quantities of dangerous drugs
are five (5) grams or more but less than ten (10) grams of
opium, morphine, heroin, cocaine or cocaine hydrochloride,
marijuana resin or marijuana resin oil, methamphetamine
hydrochloride or "shabu", or other dangerous drugs such as,
but not limited to, MDMA or "ecstasy", PMA, TMA, LSD,
GHB, and those similarly designed or newly introduced
drugs and their derivatives, without having any therapeutic
value or if the quantity possessed is far beyond therapeutic
requirements; or three hundred (300) grams or more but less
than five hundred (500) grams of marijuana; and
(3)Imprisonment of twelve (12) years and one (1) day to twenty
(20) years and a fine ranging from Three hundred thousand
pesos (P300,000.00) to Four hundred thousand pesos
(P400,000.00), if the quantities of dangerous drugs are less
than five (5) grams of opium, morphine, heroin, cocaine or
cocaine hydrochloride, marijuana resin or marijuana resin oil,
methamphetamine hydrochloride or "shabu", or other
dangerous drugs such as, but not limited to, MDMA or
"ecstasy", PMA, TMA, LSD, GHB, and those similarly
designed or newly introduced drugs and their derivatives,
without having any therapeutic value or if the quantity
possessed is far beyond therapeutic requirements; or less
than three hundred (300) grams of marijuana.
SECTION 12.Possession of Equipment, Instrument, Apparatus and Other
Paraphernalia for Dangerous Drugs. The penalty of imprisonment ranging
from six (6) months and one (1) day to four (4) years and a fine ranging from Ten
thousand pesos (P10,000.00) to Fifty thousand pesos (P50,000.00) shall be
imposed upon any person, who, unless authorized by law, shall possess or have
under his/her control any equipment, instrument, apparatus and other
paraphernalia fit or intended for smoking, consuming, administering, injecting,
ingesting, or introducing any dangerous drug into the body: Provided, That in the
case of medical practitioners and various professionals who are required to carry
such equipment, instrument, apparatus and other paraphernalia in the practice of
their profession, the Board shall prescribe the necessary implementing guidelines
thereof. CAaEDH
The possession of such equipment, instrument, apparatus and other
paraphernalia fit or intended for any of the purposes enumerated in the preceding
paragraph shall beprima facie evidence that the possessor has smoked,
consumed, administered to himself/herself, injected, ingested or used a
dangerous drug and shall be presumed to have violated Section 15 of this Act.
SECTION 13.Possession of Dangerous Drugs During Parties, Social Gatherings
or Meetings. Any person found possessing any dangerous drug during a
party, or at a social gathering or meeting, or in the proximate company of at least
two (2) persons, shall suffer the maximum penalties provided for in Section 11 of
this Act, regardless of the quantity and purity of such dangerous drugs.
SECTION 14.Possession of Equipment, Instrument, Apparatus and Other
Paraphernalia for Dangerous Drugs During Parties, Social Gatherings or
Meetings. The maximum penalty provided for in Section 12 of this Act shall
be imposed upon any person, who shall possess or have under his/her control
any equipment, instrument, apparatus and other paraphernalia fit or intended for
smoking, consuming, administering, injecting, ingesting, or introducing any
dangerous drug into the body, during parties, social gatherings or meetings, or in
the proximate company of at least two (2) persons.
SECTION 15.Use of Dangerous Drugs. A person apprehended or arrested,
who is found to be positive for use of any dangerous drug, after a confirmatory
test, shall be imposed a penalty of a minimum of six (6) months rehabilitation in a
government center for the first offense, subject to the provisions of Article VIII of
this Act. If apprehended using any dangerous drug for the second time, he/she
shall suffer the penalty of imprisonment ranging from six (6) years and one (1)
day to twelve (12) years and a fine ranging from Fifty thousand pesos
(P50,000.00) to Two hundred thousand pesos (P200,000.00): Provided, That this
Section shall not be applicable where the person tested is also found to have in
his/her possession such quantity of any dangerous drug provided for under
Section 11 of this Act, in which case the provisions stated therein shall apply.
SECTION 16.Cultivation or Culture of Plants Classified as Dangerous Drugs or
are Sources Thereof. The penalty of life imprisonment to death and a fine
ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos
(P10,000,000.00) shall be imposed upon any person, who shall plant, cultivate or
culture marijuana, opium poppy or any other plant regardless of quantity, which is
or may hereafter be classified as a dangerous drug or as a source from which
any dangerous drug may be manufactured or derived: Provided, That in the case
of medical laboratories and medical research centers which cultivate or culture
marijuana, opium poppy and other plants, or materials of such dangerous drugs
for medical experiments and research purposes, or for the creation of new types
of medicine, the Board shall prescribe the necessary implementing guidelines for
the proper cultivation, culture, handling, experimentation and disposal of such
plants and materials.

The land or portions thereof and/or greenhouses on which any of said plants is
cultivated or cultured shall be confiscated and escheated in favor of the State,
unless the owner thereof can prove lack of knowledge of such cultivation or
culture despite the exercise of due diligence on his/her part. If the land involved
is part of the public domain, the maximum penalty provided for under this Section
shall be imposed upon the offender.
The maximum penalty provided for under this Section shall be imposed upon any
person, who organizes, manages or acts as a "financier" of any of the illegal
activities prescribed in this Section.
The penalty of twelve (12) years and one (1) day to twenty (20) years of
imprisonment and a fine ranging from One hundred thousand pesos
(P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed
upon any person, who acts as a "protector/coddler" of any violator of the
provisions under this Section.
SECTION 17.Maintenance and Keeping of Original Records of Transactions on
Dangerous Drugs and/or Controlled Precursors and Essential Chemicals.
The penalty of imprisonment ranging from one (1) year and one (1) day to six (6)
years and a fine ranging from Ten thousand pesos (P10,000.00) to Fifty
thousand pesos (P50,000.00) shall be imposed upon any practitioner,
manufacturer, wholesaler, importer, distributor, dealer or retailer who violates or
fails to comply with the maintenance and keeping of the original records of
transactions on any dangerous drug and/or controlled precursor and essential
chemical in accordance with Section 40 of this Act.
An additional penalty shall be imposed through the revocation of the license to
practice his/her profession, in case of a practitioner, or of the business, in case of
a manufacturer, seller, importer, distributor, dealer or retailer.
SECTION 18.Unnecessary Prescription of Dangerous Drugs. The penalty of
imprisonment ranging from twelve (12) years and one (1) day to twenty (20)
years and a fine ranging from One hundred thousand pesos (P100,000.00) to
Five hundred thousand pesos (P500,000.00) and the additional penalty of the
revocation of his/her license to practice shall be imposed upon the practitioner,
who shall prescribe any dangerous drug to any person whose physical or
physiological condition does not require the use or in the dosage prescribed
therein, as determined by the Board in consultation with recognized competent
experts who are authorized representatives of professional organizations of
practitioners, particularly those who are involved in the care of persons with
severe pain. aCTHDA
SECTION 19.Unlawful Prescription of Dangerous Drugs. The penalty of life
imprisonment to death and a fine ranging from Five hundred thousand pesos
(P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any
person, who, unless authorized by law, shall make or issue a prescription or any
other writing purporting to be a prescription for any dangerous drug.
SECTION 20.Confiscation and Forfeiture of the Proceeds or Instruments of the
Unlawful Act, Including the Properties or Proceeds Derived from the Illegal
Trafficking of Dangerous Drugs and/or Precursors and Essential Chemicals.
Every penalty imposed for the unlawful importation, sale, trading, administration,
dispensation, delivery, distribution, transportation or manufacture of any
dangerous drug and/or controlled precursor and essential chemical, the
cultivation or culture of plants which are sources of dangerous drugs, and the
possession of any equipment, instrument, apparatus and other paraphernalia for
dangerous drugs including other laboratory equipment, shall carry with it the
confiscation and forfeiture, in favor of the government, of all the proceeds and
properties derived from the unlawful act, including, but not limited to, money and
other assets obtained thereby, and the instruments or tools with which the
particular unlawful act was committed, unless they are the property of a third
person not liable for the unlawful act, but those which are not of lawful commerce
shall be ordered destroyed without delay pursuant to the provisions of Section 21
of this Act.
After conviction in the Regional Trial Court in the appropriate criminal case filed,
the Court shall immediately schedule a hearing for the confiscation and forfeiture
of all the proceeds of the offense and all the assets and properties of the
accused either owned or held by him or in the name of some other persons if the
same shall be found to be manifestly out of proportion to his/her lawful
income: Provided, however, That if the forfeited property is a vehicle, the same
shall be auctioned off not later than five (5) days upon order of confiscation or
forfeiture.
During the pendency of the case in the Regional Trial Court, no property, or
income derived therefrom, which may be confiscated and forfeited, shall be
disposed, alienated or transferred and the same shall be in custodia legis and no
bond shall be admitted for the release of the same.
The proceeds of any sale or disposition of any property confiscated or forfeited
under this Section shall be used to pay all proper expenses incurred in the
proceedings for the confiscation, forfeiture, custody and maintenance of the
property pending disposition, as well as expenses for publication and court costs.
The proceeds in excess of the above expenses shall accrue to the Board to be
used in its campaign against illegal drugs. TCacIA
SECTION 21.Custody and Disposition of Confiscated, Seized, and/or
Surrendered Dangerous Drugs, Plant Sources of Dangerous Drugs, Controlled
Precursors and Essential Chemicals, Instruments/Paraphernalia and/or
Laboratory Equipment. The PDEA shall take charge and have custody of all
dangerous drugs, plant sources of dangerous drugs, controlled precursors and
essential chemicals, as well as instruments/paraphernalia and/or laboratory
equipment so confiscated, seized and/or surrendered, for proper disposition in
the following manner:
(1)The apprehending team having initial custody and control of the
drugs shall, immediately after seizure and confiscation,
physically inventory and photograph the same in the
presence of the accused or the person/s from whom such
items were confiscated and/or seized, or his/her
representative or counsel, a representative from the media
and the Department of Justice (DOJ), and any elected public
official who shall be required to sign the copies of the
inventory and be given a copy thereof;
(2)Within twenty-four (24) hours upon confiscation/seizure of
dangerous drugs, plant sources of dangerous drugs,
controlled precursors and essential chemicals, as well as
instruments/paraphernalia and/or laboratory equipment, the
same shall be submitted to the PDEA Forensic Laboratory
for a qualitative and quantitative examination;
(3)A certification of the forensic laboratory examination results,
which shall be done under oath by the forensic laboratory
examiner, shall be issued within twenty-four (24) hours after
the receipt of the subject item/s: Provided, That when the
volume of the dangerous drugs, plant sources of dangerous
drugs, and controlled precursors and essential chemicals
does not allow the completion of testing within the time
frame, a partial laboratory examination report shall be
provisionally issued stating therein the quantities of
dangerous drugs still to be examined by the forensic
laboratory: Provided, however, That a final certification shall
be issued on the completed forensic laboratory examination
on the same within the next twenty-four (24) hours;
(4)After the filing of the criminal case, the Court shall, within
seventy-two (72) hours, conduct an ocular inspection of the
confiscated, seized and/or surrendered dangerous drugs,
plant sources of dangerous drugs, and controlled precursors
and essential chemicals, including the
instruments/paraphernalia and/or laboratory equipment, and
through the PDEA shall within twenty-four (24) hours
thereafter proceed with the destruction or burning of the
same, in the presence of the accused or the person/s from
whom such items were confiscated and/or seized, or his/her
representative or counsel, a representative from the media
and the DOJ, civil society groups and any elected public
official. The Board shall draw up the guidelines on the
manner of proper disposition and destruction of such item/s
which shall be borne by the offender: Provided, That those
item/s of lawful commerce, as determined by the Board,
shall be donated, used or recycled for legitimate
purposes: Provider, further, That a representative sample,
duly weighed and recorded is retained;
(5)The Board shall then issue a sworn certification as to the fact of
destruction or burning of the subject item/s which, together
with the representative sample/s in the custody of the PDEA,
shall be submitted to the court having jurisdiction over the
case. In all instances, the representative sample/s shall be
kept to a minimum quantity as determined by the Board;
(6)The alleged offender or his/her representative or counsel shall
be allowed to personally observe all of the above
proceedings and his/her presence shall not constitute an
admission of guilt. In case the said offender or accused
refuses or fails to appoint a representative after due notice in
writing to the accused or his/her counsel within seventy-two
(72) hours before the actual burning or destruction of the
evidence in question, the Secretary of Justice shall appoint a
member of the public attorney's office to represent the
former;
(7)After the promulgation and judgment in the criminal case
wherein the representative sample/s was presented as
evidence in court, the trial prosecutor shall inform the Board
of the final termination of the case and, in turn, shall request
the court for leave to turn over the said representative
sample/s to the PDEA for proper disposition and destruction
within twenty-four (24) hours from receipt of the same; and

(8)Transitory Provision: a) Within twenty-four (24) hours from the
effectivity of this Act, dangerous drugs defined herein which
are presently in possession of law enforcement agencies
shall, with leave of court, be burned or destroyed, in the
presence of representatives of the Court, DOJ, Department
of Health (DOH) and the accused and/or his/her counsel,
and, b) Pending the organization of the PDEA, the custody,
disposition, and burning or destruction of seized/surrendered
dangerous drugs provided under this Section shall be
implemented by the DOH.
SECTION 22.Grant of Compensation, Reward and Award. The Board shall
recommend to the concerned government agency the grant of compensation,
reward and award to any person providing information and to law enforcers
participating in the operation, which results in the successful confiscation, seizure
or surrender of dangerous drugs, plant sources of dangerous drugs, and
controlled precursors and essential chemicals.
SECTION 23.Plea-Bargaining Provision. Any person charged under any
provision of this Act regardless of the imposable penalty shall not be allowed to
avail of the provision on plea-bargaining.
SECTION 24.Non-Applicability of the Probation Law for Drug Traffickers and
Pushers. Any person convicted for drug trafficking or pushing under this Act,
regardless of the penalty imposed by the Court, cannot avail of the privilege
granted by the Probation Law or Presidential Decree No. 968, as amended.
SECTION 25.Qualifying Aggravating Circumstances in the Commission of a
Crime by an Offender Under the Influence of Dangerous Drugs.
Notwithstanding the provisions of any law to the contrary, a positive finding for
the use of dangerous drugs shall be a qualifying aggravating circumstance in the
commission of a crime by an offender, and the application of the penalty provided
for in the Revised Penal Code shall be applicable.
SECTION 26.Attempt or Conspiracy. Any attempt or conspiracy to commit
the following unlawful acts shall be penalized by the same penalty prescribed for
the commission of the same as provided under this Act:
(a)Importation of any dangerous drug and/or controlled precursor
and essential chemical;
(b)Sale, trading, administration, dispensation, delivery, distribution
and transportation of any dangerous drug and/or controlled
precursor and essential chemical;
(c)Maintenance of a den, dive or resort where any dangerous drug
is used in any form;
(d)Manufacture of any dangerous drug and/or controlled precursor
and essential chemical; and
(e)Cultivation or culture of plants which are sources of dangerous
drugs.
SECTION 27.Criminal Liability of a Public Officer or Employee for
Misappropriation, Misapplication or Failure to Account for the
Confiscated, Seized and/or Surrendered Dangerous Drugs, Plant Sources of
Dangerous Drugs, Controlled Precursors and Essential
Chemicals, Instruments/Paraphernalia and/or Laboratory Equipment Including
the Proceeds or Properties Obtained from the Unlawful Act Committed. The
penalty of life imprisonment to death and a fine ranging from Five hundred
thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00), in addition
to absolute perpetual disqualification from any public office, shall be imposed
upon any public officer or employee who misappropriates, misapplies or fails to
account for confiscated, seized or surrendered dangerous drugs, plant sources of
dangerous drugs, controlled precursors and essential chemicals,
instruments/paraphernalia and/or laboratory equipment including the proceeds or
properties obtained from the unlawful acts as provided for in this Act.
Any elective local or national official found to have benefited from the proceeds of
the trafficking of dangerous drugs as prescribed in this Act, or have received any
financial or material contributions or donations from natural or juridical persons
found guilty of trafficking dangerous drugs as prescribed in this Act, shall be
removed from office and perpetually disqualified from holding any elective or
appointive positions in the government, its divisions, subdivisions, and
intermediaries, including government-owned or -controlled corporations. HACaSc
SECTION 28.Criminal Liability of Government Officials and Employees. The
maximum penalties of the unlawful acts provided for in this Act shall be imposed,
in addition to absolute perpetual disqualification from any public office, if those
found guilty of such unlawful acts are government officials and employees.
SECTION 29.Criminal Liability for Planting of Evidence. Any person who is
found guilty of "planting" any dangerous drug and/or controlled precursor and
essential chemical, regardless of quantity and purity, shall suffer the penalty of
death.
SECTION 30.Criminal Liability of Officers of
Partnerships, Corporations, Associations or Other Juridical Entities. In case
any violation of this Act is committed by a partnership, corporation, association or
any juridical entity, the partner, president, director, manager, trustee, estate
administrator, or officer who consents to or knowingly tolerates such violation
shall be held criminally liable as a co-principal.
The penalty provided for the offense under this Act shall be imposed upon the
partner, president, director, manager, trustee, estate administrator, or officer who
knowingly authorizes, tolerates or consents to the use of a vehicle, vessel,
aircraft, equipment or other facility, as an instrument in the importation, sale,
trading, administration, dispensation, delivery, distribution, transportation or
manufacture of dangerous drugs, or chemical diversion, if such vehicle, vessel,
aircraft, equipment or other instrument is owned by or under the control or
supervision of the partnership, corporation, association or juridical entity to which
they are affiliated.
SECTION 31.Additional Penalty if Offender is an Alien. In addition to the
penalties prescribed in the unlawful act committed, any alien who violates such
provisions of this Act shall, after service of sentence, be deported immediately
without further proceedings, unless the penalty is death.
SECTION 32.Liability to a Person Violating Any Regulation Issued by the Board.
The penalty of imprisonment ranging from six (6) months and one (1) day to
four (4) years and a fine ranging from Ten thousand pesos (P10,000.00) to Fifty
thousand pesos (P50,000.00) shall be imposed upon any person found violating
any regulation duly issued by the Board pursuant to this Act, in addition to the
administrative sanctions imposed by the Board.
SECTION 33.Immunity from Prosecution and Punishment. Notwithstanding
the provisions of Section 17, Rule 119 of the Revised Rules of Criminal
Procedure and the provisions of Republic Act No. 6981 or the Witness
Protection, Security and Benefit Act of 1991, any person who has violated
Sections 7, 11, 12, 14, 15, and 19, Article II of this Act, who voluntarily gives
information about any violation of Sections 4, 5, 6, 8, 10, 13, and 16, Article II of
this Act as well as any violation of the offenses mentioned if committed by a drug
syndicate, or any information leading to the whereabouts, identities and arrest of
all or any of the members thereof; and who willingly testifies against such
persons as described above, shall be exempted from prosecution or punishment
for the offense with reference to which his/her information of testimony were
given, and may plead or prove the giving of such information and testimony in
bar of such prosecution: Provided, That the following conditions concur:
(1)The information and testimony are necessary for the conviction
of the persons described above;
(2)Such information and testimony are not yet in the possession of
the State;
(3)Such information and testimony can be corroborated on its
material points;
(4)The informant or witness has not been previously convicted of a
crime involving moral turpitude, except when there is no
other direct evidence available for the State other than the
information and testimony of said informant or witness; and
(5)The informant or witness shall strictly and faithfully comply
without delay, any condition or undertaking, reduced into
writing, lawfully imposed by the State as further
consideration for the grant of immunity from prosecution and
punishment.
Provided, further, That this immunity may be enjoyed by such informant or
witness who does not appear to be most guilty for the offense with reference
to which his/her information or testimony were given: Provided, finally, That
there is no direct evidence available for the State except for the information
and testimony of the said informant or witness.
SECTION 34.Termination of the Grant of Immunity. The immunity granted to
the informant or witness, as prescribed in Section 33 of this Act, shall not attach
should it turn out subsequently that the information and/or testimony is false,
malicious or made only for the purpose of harassing, molesting or in any way
prejudicing the persons described in the preceding Section against whom such
information or testimony is directed against. In such case, the informant or
witness shall be subject to prosecution and the enjoyment of all rights and
benefits previously accorded him under this Act or any other law, decree or order
shall be deemed terminated.
In case an informant or witness under this Act fails or refuses to testify without
just cause, and when lawfully obliged to do so, or should he/she violate any
condition accompanying such immunity as provided above, his/her immunity
shall be removed and he/she shall likewise be subject to contempt and/or
criminal prosecution, as the case may be, and the enjoyment of all rights and
benefits previously accorded him under this Act or in any other law, decree or
order shall be deemed terminated.
In case the informant or witness referred to under this Act falls under the
applicability of this Section hereof, such individual cannot avail of the provisions
under Article VIII of this Act.

SECTION 35.Accessory Penalties. A person convicted under this Act shall be
disqualified to exercise his/her civil rights such as but not limited to, the rights of
parental authority or guardianship, either as to the person or property of any
ward, the rights to dispose of such property by any act or any conveyance inter
vivos, and political rights such as but not limited to, the right to vote and be voted
for. Such rights shall also be suspended during the pendency of an appeal from
such conviction.
ARTICLE III
Dangerous Drugs Test and Record Requirements
SECTION 36.Authorized Drug Testing. Authorized drug testing shall be done
by any government forensic laboratories or by any of the drug testing laboratories
accredited and monitored by the DOH to safeguard the quality of test results. The
DOH shall take steps in setting the price of the drug test with DOH accredited
drug testing centers to further reduce the cost of such drug test. The drug testing
shall employ, among others, two (2) testing methods, the screening test which
will determine the positive result as well as the type of the drug used and the
confirmatory test which will confirm a positive screening test. Drug test
certificates issued by accredited drug testing centers shall be valid for a one-year
period from the date of issue which may be used for other purposes. The
following shall be subjected to undergo drug testing:
(a)Applicants for driver's license. No driver's license shall be
issued or renewed to any person unless he/she presents a
certification that he/she has undergone a mandatory drug
test and indicating thereon that he/she is free from the use of
dangerous drugs;
(b)Applicants for firearm's license and for permit to carry firearms
outside of residence. All applicants for firearm's license
and permit to carry firearms outside of residence shall
undergo a mandatory drug test to ensure that they are free
from the use of dangerous drugs: Provided, That all persons
who by the nature of their profession carry firearms shall
undergo drug testing;
(c)Students of secondary and tertiary schools. Students of
secondary and tertiary schools shall, pursuant to the related
rules and regulations as contained in the school's student
handbook and with notice to the parents, undergo a random
drug testing: Provided, That all drug testing expenses
whether in public or private schools under this Section will be
borne by the government;
(d)Officers and employees of public and private offices. Officers
and employees of public and private offices, whether
domestic or overseas, shall be subjected to undergo a
random drug test as contained in the company's work rules
and regulations, which shall be borne by the employer, for
purposes of reducing the risk in the workplace. Any officer or
employee found positive for use of dangerous drugs shall be
dealt with administratively which shall be a ground for
suspension or termination, subject to the provisions of Article
282 of the Labor Code and pertinent provisions of the Civil
Service Law;
(e)Officers and members of the military, police and other law
enforcement agencies. Officers and members of the
military, police and other law enforcement agencies shall
undergo an annual mandatory drug test;
(f)All persons charged before the prosecutor's office with a criminal
offense having an imposable penalty of imprisonment of not
less than six (6) years and one (1) day shall have to undergo
a mandatory drug test; and
(g)All candidates for public office whether appointed or elected
both in the national or local government shall undergo a
mandatory drug test.
In addition to the above stated penalties in this Section, those found to be
positive for dangerous drugs use shall be subject to the provisions of Section 15
of this Act.
SECTION 37.Issuance of False or Fraudulent Drug Test Results. Any person
authorized, licensed or accredited under this Act and its implementing rules to
conduct drug examination or test, who issues false or fraudulent drug test results
knowingly, willfully or through gross negligence, shall suffer the penalty of
imprisonment ranging from six (6) years and one (1) day to twelve (12) years and
a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred
thousand pesos (P500,000.00).
An additional penalty shall be imposed through the revocation of the license to
practice his/her profession in case of a practitioner, and the closure of the drug
testing center.
SECTION 38.Laboratory Examination or Test on Apprehended/Arrested
Offenders. Subject to Section 15 of this Act, any person apprehended or
arrested for violating the provisions of this Act shall be subjected to screening
laboratory examination or test within twenty-four (24) hours, if the apprehending
or arresting officer has reasonable ground to believe that the person
apprehended or arrested, on account of physical signs or symptoms or other
visible or outward manifestation, is under the influence of dangerous drugs. If
found to be positive, the results of the screening laboratory examination or test
shall be challenged within fifteen (15) days after receipt of the result through a
confirmatory test conducted in any accredited analytical laboratory equipment
with a gas chromatograph/mass spectrometry equipment or some such modern
and accepted method, if confirmed the same shall be prima facie evidence that
such person has used dangerous drugs, which is without prejudice for the
prosecution for other violations of the provisions of this Act: Provided, That a
positive screening laboratory test must be confirmed for it to be valid in a court of
law.
SECTION 39.Accreditation of Drug Testing Centers and Physicians. The
DOH shall be tasked to license and accredit drug testing centers in each
province and city in order to assure their capacity, competence, integrity and
stability to conduct the laboratory examinations and tests provided in this Article,
and appoint such technical and other personnel as may be necessary for the
effective implementation of this provision. The DOH shall also accredit physicians
who shall conduct the drug dependency examination of a drug dependent as well
as the after-care and follow-up program for the said drug dependent. There shall
be a control regulations, licensing and accreditation division under the
supervision of the DOH for this purpose.
For this purpose, the DOH shall establish, operate and maintain drug testing
centers in government hospitals, which must be provided at least with basic
technologically advanced equipment and materials, in order to conduct the
laboratory examination and tests herein provided, and appoint such qualified and
duly trained technical and other personnel as may be necessary for the effective
implementation of this provision.
SECTION 40.Records Required for Transactions on Dangerous Drugs and
Precursors and Essential Chemicals.
a)Every pharmacist dealing in dangerous drugs and/or controlled precursors and
essential chemicals shall maintain and keep an original record of sales,
purchases, acquisitions and deliveries of dangerous drugs, indicating therein the
following information:
(1)License number and address of the pharmacist;
(2)Name, address and license of the manufacturer, importer or
wholesaler from whom the dangerous drugs have been
purchased;
(3)Quantity and name of the dangerous drugs purchased or
acquired;
(4)Date of acquisition or purchase;
(5)Name, address and community tax certificate number of the
buyer;
(6)Serial number of the prescription and the name of the physician,
dentist, veterinarian or practitioner issuing the same;
(7)Quantity and name of the dangerous drugs sold or delivered;
and
(8)Date of sale or delivery.
A certified true copy of such record covering a period of six (6) months, duly
signed by the pharmacist or the owner of the drugstore, pharmacy or chemical
establishment, shall be forwarded to the Board within fifteen (15) days following
the last day of June and December of each year, with a copy thereof furnished
the city or municipal health officer concerned.
(b)A physician, dentist, veterinarian or practitioner authorized to prescribe any
dangerous drug shall issue the prescription therefor in one (1) original and two
(2) duplicate copies. The original, after the prescription has been filled, shall be
retained by the pharmacist for a period of one (1) year from the date of sale or
delivery of such 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 be retained by the person issuing the prescription.
For purposes of this Act, all prescriptions issued by physicians, dentists,
veterinarians or practitioners shall be written on forms exclusively issued by and
obtainable from the DOH. Such forms shall be made of a special kind of paper
and shall be distributed in such quantities and contain such information and other
data as the DOH may, by rules and regulations, require. Such forms shall only be
issued by the DOH through its authorized employees to licensed physicians,
dentists, veterinarians and practitioners in such quantities as the Board may
authorize. In emergency cases, however, as the Board may specify in the public
interest, a prescription need not be accomplished on such forms. The prescribing
physician, dentist, veterinarian or practitioner shall, within three (3) days after
issuing such prescription, inform the DOH of the same in writing. No prescription
once served by the drugstore or pharmacy be reused nor any prescription once
issued be refilled.
(c)All manufacturers, wholesalers, distributors, importers, dealers and retailers of
dangerous drugs and/or controlled precursors and essential chemicals shall keep
a record of all inventories, sales, purchases, acquisitions and deliveries of the
same as well as the names, addresses and licenses of the persons from whom
such items were purchased or acquired or to whom such items were sold or
delivered, the name and quantity of the same and the date of the transactions.
Such records may be subjected anytime for review by the Board.

ARTICLE IV
Participation of the Family, Students, Teachers and School Authorities in the
Enforcement of this Act
SECTION 41.Involvement of the Family. The family being the basic unit of the
Filipino society shall be primarily responsible for the education and awareness of
the members of the family on the ill effects of dangerous drugs and close
monitoring of family members who may be susceptible to drug abuse.
SECTION 42.Student Councils and Campus Organizations. All elementary,
secondary and tertiary schools' student councils and campus organizations shall
include in their activities a program for the prevention of and deterrence in the
use of dangerous drugs, and referral for treatment and rehabilitation of students
for drug dependence.
SECTION 43.School Curricula. Instruction on drug abuse prevention and
control shall be integrated in the elementary, secondary and tertiary curricula of
all public and private schools, whether general, technical, vocational or agro-
industrial as well as in non-formal, informal and indigenous learning systems.
Such instructions shall include:
(1)Adverse effects of the abuse and misuse of dangerous drugs on
the person, the family, the school and the community;
(2)Preventive measures against drug abuse;
(3)Health, socio-cultural, psychological, legal and economic
dimensions and implications of the drug problem;
(4)Steps to take when intervention on behalf of a drug dependent
is needed, as well as the services available for the treatment
and rehabilitation of drug dependents; and
(5)Misconceptions about the use of dangerous drugs such as, but
not limited to, the importance and safety of dangerous drugs
for medical and therapeutic use as well as the differentiation
between medical patients and drug dependents in order to
avoid confusion and accidental stigmatization in the
consciousness of the students.
SECTION 44.Heads, Supervisors, and Teachers of Schools. For the purpose
of enforcing the provisions of Article II of this Act, all school heads, supervisors
and teachers shall be deemed persons in authority and, as such, are hereby
empowered to apprehend, arrest or cause the apprehension or arrest of any
person who shall violate any of the said provisions, pursuant to Section 5, Rule
113 of the Rules of Court. They shall be deemed persons in authority if they are
in the school or within its immediate vicinity, or even beyond such immediate
vicinity if they are in attendance at any school or class function in their official
capacity as school heads, supervisors, and teachers.
Any teacher or school employee, who discovers or finds that any person in the
school or within its immediate vicinity is liable for violating any of said provisions,
shall have the duty to report the same to the school head or immediate superior
who shall, in turn, report the matter to the proper authorities.
Failure to do so in either case, within a reasonable period from the time of
discovery of the violation shall, after due hearing, constitute sufficient cause for
disciplinary action by the school authorities. cSHATC
SECTION 45.Publication and Distribution of Materials on Dangerous Drugs.
With the assistance of the Board, the Secretary of the Department of Education
(DepEd), the Chairman of the Commission on Higher Education (CHED) and the
Director-General of the Technical Education and Skills Development Authority
(TESDA) shall cause the development, publication and distribution of information
and support educational materials on dangerous drugs to the students, the
faculty, the parents, and the community.
SECTION 46.Special Drug Education Center. With the assistance of the
Board, the Department of the Interior and Local Government (DILG), the National
Youth Commission (NYC), and the Department of Social Welfare and
Development (DSWD) shall establish in each of its provincial office a special
education drug center for out-of-school youth and street children. Such Center
which shall be headed by the Provincial Social Welfare Development Officer shall
sponsor drug prevention programs and activities and information campaigns with
the end in view of educating the out-of-school youth and street children regarding
the pernicious effects of drug abuse. The programs initiated by the Center shall
likewise be adopted in all public and private orphanage and existing special
centers for street children.
ARTICLE V
Promotion of a National Drug-Free Workplace Program with the Participation
of Private and Labor Sectors and the Department of Labor and Employment
SECTION 47.Drug-Free Workplace. It is deemed a policy of the State to
promote drug-free workplaces using a tripartite approach. With the assistance of
the Board, the Department of Labor and Employment (DOLE) shall develop,
promote and implement a national drug abuse prevention program in the
workplace to be adopted by private companies with ten (10) or more employees.
Such program shall include the mandatory drafting and adoption of company
policies against drug use in the workplace in close consultation and coordination
with the DOLE, labor and employer organizations, human resource development
managers and other such private sector organizations.
SECTION 48.Guidelines for the National Drug-Free Workplace Program. The
Board and the DOLE shall formulate the necessary guidelines for the
implementation of the national drug-free workplace program. The amount
necessary for the implementation of which shall be included in the annual
General Appropriations Act.
ARTICLE VI
Participation of the Private and Labor Sectors in the Enforcement of this Act
SECTION 49.Labor Organizations and the Private Sector. All labor unions,
federations, associations, or organizations in cooperation with the respective
private sector partners shall include in their collective bargaining or any similar
agreements, joint continuing programs and information campaigns for the
laborers similar to the programs provided under Section 47 of this Act with the
end in view of achieving a drug free workplace.
SECTION 50.Government Assistance. The labor sector and the respective
partners may, in pursuit of the programs mentioned in the preceding Section,
secure the technical assistance, such as but not limited to, seminars and
information dissemination campaigns of the appropriate government and law
enforcement agencies.
ARTICLE VII
Participation of Local Government Units
SECTION 51.Local Government Units' Assistance. Local government units
shall appropriate a substantial portion of their respective annual budgets to assist
in or enhance the enforcement of this Act giving priority to preventive or
educational programs and the rehabilitation or treatment of drug dependents.
SECTION 52.Abatement of Drug Related Public Nuisances. Any place or
premises which have been used on two or more occasions as the site of the
unlawful sale or delivery of dangerous drugs may be declared to be a public
nuisance, and such nuisance may be abated, pursuant to the following
procedures:
(1)Any city or municipality may, by ordinance, create an
administrative board to hear complaints regarding the
nuisances;
(2)Any employee, officer, or resident of the city or municipality may
bring a complaint before the Board after giving not less than
three (3) days written notice of such complaint to the owner
of the place or premises at his/her last known address; and
(3)After hearing in which the Board may consider any evidence,
including evidence of the general reputation of the place or
premises, and at which the owner of the premises shall have
an opportunity to present evidence in his/her defense, the
Board may declare the place or premises to be a public
nuisance.
SECTION 53.Effect of Board Declaration. If the Board declares a place or
premises to be a public nuisance, it may declare an order immediately prohibiting
the conduct, operation, or maintenance of any business or activity on the
premises which is conducive to such nuisance.
An order entered under this Section shall expire after one (1) year or at such
earlier time as stated in the order. The Board may bring a complaint seeking a
permanent injunction against any nuisance described under this Section.
This Article does not restrict the right of any person to proceed under the Civil
Code against any public nuisance.
ARTICLE VIII
Program for Treatment and Rehabilitation of Drug Dependents
SECTION 54.Voluntary Submission of a Drug Dependent to
Confinement, Treatment and Rehabilitation. A drug dependent or any person
who violates Section 15 of this Act may, by himself/herself or through his/her
parent, spouse, guardian or relative within the fourth degree of consanguinity or
affinity, apply to the Board or its duly recognized representative, for treatment
and rehabilitation of the drug dependency. Upon such application, the Board
shall bring forth the matter to the Court which shall order that the applicant be
examined for drug dependency. If the examination by a DOH-accredited
physician results in the issuance of a certification that the applicant is a drug
dependent, he/she shall be ordered by the Court to undergo treatment and
rehabilitation in a Center designated by the Board for a period of not less than six
(6) months:Provided, That a drug dependent may be placed under the care of a
DOH-accredited physician where there is no Center near or accessible to the
residence of the drug dependent or where said drug dependent is below eighteen
(18) years of age and is a first-time offender and non-confinement in a Center will
not pose a serious danger to his/her family or the community.
Confinement in a Center for treatment and rehabilitation shall not exceed one (1)
year, after which time the Court, as well as the Board, shall be apprised by the
head of the treatment and rehabilitation center of the status of said drug
dependent and determine whether further confinement will be for the welfare of
the drug dependent and his/her family or the community.

SECTION 55.Exemption from the Criminal Liability Under the Voluntary
Submission Program. A drug dependent under the voluntary submission
program, who is finally discharged from confinement, shall be exempt from the
criminal liability under Section 15 of this Act subject to the following conditions:
(1)He/she has complied with the rules and regulations of the
Center, the applicable rules and regulations of the Board,
including the after-care and follow-up program for at least
eighteen (18) months following temporary discharge from
confinement in the Center or, in the case of a dependent
placed under the care of the DOH-accredited physician, the
after-care program and follow-up schedule formulated by the
DSWD and approved by the Board: Provided, That
capability-building of local government social workers shall
be undertaken by the DSWD;
(2)He/she has never been charged or convicted of any offense
punishable under this Act, the Dangerous Drugs Act of 1972
or Republic Act No. 6425, as amended; the Revised Penal
Code, as amended; or any special penal laws;
(3)He/she has no record of escape from a Center: Provided, That
had he/she escaped, he/she surrendered by himself/herself
or through his/her parent, spouse, guardian or relative within
the fourth degree of consanguinity or affinity, within one (1)
week from the date of the said escape; and
(4)He/she poses no serious danger to himself/herself, his/her
family or the community by his/her exemption from criminal
liability.
SECTION 56.Temporary Release from the Center;After-Care and Follow-Up
Treatment Under the Voluntary Submission Program. Upon certification of the
Center that the drug dependent within the voluntary submission program may be
temporarily released, the Court shall order his/her release on condition that said
drug dependent shall report to the DOH for after-care and follow-up treatment,
including urine testing, for a period not exceeding eighteen (18) months under
such terms and conditions that the Court may impose.
If during the period of after-care and follow-up, the drug dependent is certified to
be rehabilitated, he/she may be discharged by the Court, subject to the
provisions of Section 55 of this Act, without prejudice to the outcome of any
pending case filed in court.
However, should the DOH find that during the initial after-care and follow-up
program of eighteen (18) months, the drug dependent requires further treatment
and rehabilitation in the Center, he/she shall be recommitted to the Center for
confinement. Thereafter, he/she may again be certified for temporary release and
ordered released for another after-care and follow-up program pursuant to this
Section.
SECTION 57.Probation and Community Service Under the Voluntary Submission
Program. A drug dependent who is discharged as rehabilitated by the DOH-
accredited Center through the voluntary submission program, but does not
qualify for exemption from criminal liability under Section 55 of this Act, may be
charged under the provisions of this Act, but shall be placed on probation and
undergo a community service in lieu of imprisonment and/or fine in the discretion
of the court, without prejudice to the outcome of any pending case filed in court.
Such drug dependent shall undergo community service as part of his/her after-
care and follow-up program, which may be done in coordination with
nongovernmental civic organizations accredited by the DSWD, with the
recommendation of the Board.
SECTION 58.Filing of Charges Against a Drug Dependent Who is Not
Rehabilitated Under the Voluntary Submission Program. A drug dependent,
who is not rehabilitated after the second commitment to the Center under the
voluntary submission program, shall, upon recommendation of the Board, be
charged for violation of Section 15 of this Act and prosecuted like any other
offender. If convicted, he/she shall be credited for the period of confinement and
rehabilitation in the Center in the service of his/her sentence.
SECTION 59.Escape and Recommitment for Confinement and Rehabilitation
Under the Voluntary Submission Program. Should a drug dependent under
the voluntary submission program escape from the Center, he/she may submit
himself/herself for recommitment within one (1) week therefrom, or his/her
parent, spouse, guardian or relative within the fourth degree of consanguinity or
affinity may, within said period, surrender him for recommitment, in which case
the corresponding order shall be issued by the Board.
Should the escapee fail to submit himself/herself or be surrendered after one (1)
week, the Board shall apply to the court for a recommitment order upon proof of
previous commitment or his/her voluntary submission by the Board, the court
may issue an order for recommitment within one (1) week.
If, subsequent to a recommitment, the dependent once again escapes from
confinement, he/she shall be charged for violation of Section 15 of this Act and
be subjected under Section 61 of this Act, either upon order of the Board or upon
order of the court, as the case may be.
SECTION 60.Confidentiality of Records Under the Voluntary Submission
Program. Judicial and medical records of drug dependents under the
voluntary submission program shall be confidential and shall not be used against
him for any purpose, except to determine how many times, by himself/herself or
through his/her parent, spouse, guardian or relative within the fourth degree of
consanguinity or affinity, he/she voluntarily submitted himself/herself for
confinement, treatment and rehabilitation or has been committed to a Center
under this program.
SECTION 61.Compulsory Confinement of a Drug Dependent Who Refuses to
Apply Under the Voluntary Submission Program. Notwithstanding any law,
rule and regulation to the contrary, any person determined and found to be
dependent on dangerous drugs shall, upon petition by the Board or any of its
authorized representative, be confined for treatment and rehabilitation in any
Center duly designated or accredited for the purpose.
A petition for the confinement of a person alleged to be dependent on dangerous
drugs to a Center may be filed by any person authorized by the Board with the
Regional Trial Court of the province or city where such person is found.
After the petition is filed, the court, by an order, shall immediately fix a date for
the hearing, and a copy of such order shall be served on the person alleged to be
dependent on dangerous drugs, and to the one having charge of him.
If after such hearing and the facts so warrant, the court shall order the drug
dependent to be examined by two (2) physicians accredited by the Board. If both
physicians conclude that the respondent is not a drug dependent, the court shall
order his/her discharge. If either physician finds him to be a dependent, the court
shall conduct a hearing and consider all relevant evidence which may be offered.
If the court finds him a drug dependent, it shall issue an order for his/her
commitment to a treatment and rehabilitation center under the supervision of the
DOH. In any event, the order of discharge or order of confinement or
commitment shall be issued not later than fifteen (15) days from the filing of the
appropriate petition.
SECTION 62.Compulsory Submission of a Drug Dependent Charged with an
Offense to Treatment and Rehabilitation. If a person charged with an offense
where the imposable penalty is imprisonment of less than six (6) years and one
(1) day, and is found by the prosecutor or by the court, at any stage of the
proceedings, to be a drug dependent, the prosecutor or the court as the case
may be, shall suspend all further proceedings and transmit copies of the record
of the case to the Board.
In the event the Board determines, after medical examination, that public interest
requires that such drug dependent be committed to a center for treatment and
rehabilitation, it shall file a petition for his/her commitment with the regional trial
court of the province or city where he/she is being investigated or tried: Provided,
That where a criminal case is pending in court, such petition shall be filed in the
said court. The court shall take judicial notice of the prior proceedings in the case
and shall proceed to hear the petition. If the court finds him to be a drug
dependent, it shall order his/her commitment to a Center for treatment and
rehabilitation. The head of said Center shall submit to the court every four (4)
months, or as often as the court may require, a written report on the progress of
the treatment. If the dependent is rehabilitated, as certified by the Center and the
Board, he/she shall be returned to the court, which committed him, for his/her
discharge therefrom.
Thereafter, his/her prosecution for any offense punishable by law shall be
instituted or shall continue, as the case may be. In case of conviction, the
judgment shall, if the accused is certified by the treatment and rehabilitation
center to have maintained good behavior, indicate that he/she shall be given full
credit for the period he/she was confined in the Center: Provided, however, That
when the offense is for violation of Section 15 of this Act and the accused is not a
recidivist, the penalty thereof shall be deemed to have been served in the Center
upon his/her release therefrom after certification by the Center and the Board
that he/she is rehabilitated.
SECTION 63.Prescription of the Offense Charged Against a Drug Dependent
Under the Compulsory Submission Program. The period of prescription of the
offense charged against a drug dependent under the compulsory submission
program shall not run during the time that the drug dependent is under
confinement in a Center or otherwise under the treatment and rehabilitation
program approved by the Board.
Upon certification of the Center that he/she may temporarily be discharged from
the said Center, the court shall order his/her release on condition that he/she
shall report to the Board through the DOH for after-care and follow-up treatment
for a period not exceeding eighteen (18) months under such terms and
conditions as may be imposed by the Board.

If at anytime during the after-care and follow-up period, the Board certifies to
his/her complete rehabilitation, the court shall order his/her final discharge from
confinement and order for the immediate resumption of the trial of the case for
which he/she is originally charged. Should the Board through the DOH find at
anytime during the after-care and follow-up period that he/she requires further
treatment and rehabilitation, it shall report to the court, which shall order his/her
recommitment to the Center.
Should the drug dependent, having been committed to a Center upon petition by
the Board escape therefrom, he/she may resubmit himself/herself for
confinement within one (1) week from the date of his/her escape; or his/her
parent, spouse, guardian or relative within the fourth degree of consanguinity or
affinity may, within the same period, surrender him for recommitment. If,
however, the drug dependent does not resubmit himself/herself for confinement
or he/she is not surrendered for recommitment, the Board may apply with the
court for the issuance of the recommitment order. Upon proof of previous
commitment, the court shall issue an order for recommitment. If, subsequent to
such recommitment, he/she should escape again, he/she shall no longer be
exempt from criminal liability for use of any dangerous drug.
A drug dependent committed under this particular Section who is finally
discharged from confinement shall be exempt from criminal liability under Section
15 of this Act, without prejudice to the outcome of any pending case filed in court.
On the other hand, a drug dependent who is not rehabilitated after a second
commitment to the Center shall, upon conviction by the appropriate court, suffer
the same penalties provided for under Section 15 of this Act again without
prejudice to the outcome of any pending case filed in court.
SECTION 64.Confidentiality of Records Under the Compulsory Submission
Program. The records of a drug dependent who was rehabilitated and
discharged from the Center under the compulsory submission program, or who
was charged for violation of Section 15 of this Act, shall be covered by Section
60 of this Act. However, the records of a drug dependent who was not
rehabilitated, or who escaped but did not surrender himself/herself within the
prescribed period, shall be forwarded to the court and their use shall be
determined by the court, taking into consideration public interest and the welfare
of the drug dependent.
SECTION 65.Duty of the Prosecutor in the Proceedings. It shall be the duty
of the provincial or the city prosecutor or their assistants or state prosecutors to
prepare the appropriate petition in all proceedings arising from this Act.
SECTION 66.Suspension of Sentence of a First-Time Minor Offender. An
accused who is over fifteen (15) years of age at the time of the commission of the
offense mentioned in Section 11 of this Act, but not more than eighteen (18)
years of age at the time when judgment should have been promulgated after
having been found guilty of said offense, may be given the benefits of a
suspended sentence, subject to the following conditions:
(a)He/she has not been previously convicted of violating any
provision of this Act, or of the Dangerous Drugs Act of 1972,
as amended; or of the Revised Penal Code; or of any special
penal laws;
(b)He/she has not been previously committed to a Center or to the
care of a DOH-accredited physician; and
(c)The Board favorably recommends that his/her sentence be
suspended.
While under suspended sentence, he/she shall be under the supervision and
rehabilitative surveillance of the Board, under such conditions that the court may
impose for a period ranging from six (6) months to eighteen (18) months.
Upon recommendation of the Board, the court may commit the accused under
suspended sentence to a Center, or to the care of a DOH-accredited physician
for at least six (6) months, with after-care and follow-up program for not more
than eighteen (18) months.
In the case of minors under fifteen (15) years of age at the time of the
commission of any offense penalized under this Act, Article 192 of Presidential
Decree No. 603, otherwise known as the Child and Youth Welfare Code, as
amended by Presidential Decree No. 1179 shall apply, without prejudice to the
application of the provisions of this Section.
SECTION 67.Discharge After Compliance with Conditions of Suspended
Sentence of a First-Time Minor Offender. If the accused first time minor
offender under suspended sentence complies with the applicable rules and
regulations of the Board, including confinement in a Center, the court, upon a
favorable recommendation of the Board for the final discharge of the accused,
shall discharge the accused and dismiss all proceedings.
Upon the dismissal of the proceedings against the accused, the court shall enter
an order to expunge all official records, other than the confidential record to be
retained by the DOJ relating to the case. Such an order, which shall be kept
confidential, shall restore the accused to his/her status prior to the case. He/she
shall not be held thereafter to be guilty of perjury or of concealment or
misrepresentation by reason of his/her failure to acknowledge the case or recite
any fact related thereto in response to any inquiry made of him for any purpose.
SECTION 68.Privilege of Suspended Sentence to be Availed of Only Once by a
First-Time Minor Offender. The privilege of suspended sentence shall be
availed of only once by an accused drug dependent who is a first-time offender
over fifteen (15) years of age at the time of the commission of the violation of
Section 15 of this Act but not more than eighteen (18) years of age at the time
when judgment should have been promulgated.
SECTION 69.Promulgation of Sentence for First-Time Minor Offender. If the
accused first-time minor offender violates any of the conditions of his/her
suspended sentence, the applicable rules and regulations of the Board
exercising supervision and rehabilitative surveillance over him, including the rules
and regulations of the Center should confinement be required, the court shall
pronounce judgment of conviction and he/she shall serve sentence as any other
convicted person.
SECTION 70.Probation or Community Service for a First-Time Minor Offender in
Lieu of Imprisonment. Upon promulgation of the sentence, the court may, in
its discretion, place the accused under probation, even if the sentence provided
under this Act is higher than that provided under existing law on probation, or
impose community service in lieu of imprisonment. In case of probation, the
supervision and rehabilitative surveillance shall be undertaken by the Board
through the DOH in coordination with the Board of Pardons and Parole and the
Probation Administration. Upon compliance with the conditions of the probation,
the Board shall submit a written report to the court recommending termination of
probation and a final discharge of the probationer, whereupon the court shall
issue such an order.
The community service shall be complied with under conditions, time and place
as may be determined by the court in its discretion and upon the
recommendation of the Board and shall apply only to violators of Section 15 of
this Act. The completion of the community service shall be under the supervision
and rehabilitative surveillance of the Board during the period required by the
court. Thereafter, the Board shall render a report on the manner of compliance of
said community service. The court in its discretion may require extension of the
community service or order a final discharge.
In both cases, the judicial records shall be covered by the provisions of Sections
60 and 64 of this Act.
If the sentence promulgated by the court requires imprisonment, the period spent
in the Center by the accused during the suspended sentence period shall be
deducted from the sentence to be served.
SECTION 71.Records to be kept by the Department of Justice. The DOJ
shall keep a confidential record of the proceedings on suspension of sentence
and shall not be used for any purpose other than to determine whether or not a
person accused under this Act is a first-time minor offender.
SECTION 72.Liability of a Person Who Violates the Confidentiality of Records.
The penalty of imprisonment ranging from six (6) months and one (1) day to six
(6) years and a fine ranging from One thousand pesos (P1,000.00) to Six
thousand pesos (P6,000.00), shall be imposed upon any person who, having
official custody of or access to the confidential records of any drug dependent
under voluntary submission programs, or anyone who, having gained possession
of said records, whether lawfully or not, reveals their content to any person other
than those charged with the prosecution of the offenses under this Act and its
implementation. The maximum penalty shall be imposed, in addition to absolute
perpetual disqualification from any public office, when the offender is a
government official or employee. Should the records be used for unlawful
purposes, such as blackmail of the drug dependent or the members of his/her
family, the penalty imposed for the crime of violation of confidentiality shall be in
addition to whatever crime he/she may be convicted of.
SECTION 73.Liability of a Parent, Spouse or Guardian Who Refuses to
Cooperate with the Board or any Concerned Agency. Any parent, spouse or
guardian who, without valid reason, refuses to cooperate with the Board or any
concerned agency in the treatment and rehabilitation of a drug dependent who is
a minor, or in any manner, prevents or delays the after-care, follow-up or other
programs for the welfare of the accused drug dependent, whether under
voluntary submission program or compulsory submission program, may be cited
for contempt by the court.
SECTION 74.Cost-Sharing in the Treatment and Rehabilitation of a Drug
Dependent. The parent, spouse, guardian or any relative within the fourth
degree of consanguinity of any person who is confined under the voluntary
submission program or compulsory submission program shall be charged a
certain percentage of the cost of his/her treatment and rehabilitation, the
guidelines of which shall be formulated by the DSWD taking into consideration
the economic status of the family of the person confined. The guidelines therein
formulated shall be implemented by a social worker of the local government unit.

SECTION 75.Treatment and Rehabilitation Centers. The existing treatment
and rehabilitation centers for drug dependents operated and maintained by the
NBI and the PNP shall be operated, maintained and managed by the DOH in
coordination with other concerned agencies. For the purpose of enlarging the
network of centers, the Board through the DOH shall encourage, promote or
whenever feasible, assist or support in the establishment, operations and
maintenance of private centers which shall be eligible to receive grants,
donations or subsidy from either government or private sources. It shall also
support the establishment of government-operated regional treatment and
rehabilitation centers depending upon the availability of funds. The national
government, through its appropriate agencies shall give priority funding for the
increase of subsidy to existing government drug rehabilitation centers, and shall
establish at least one (1) drug rehabilitation center in each province, depending
on the availability of funds.
SECTION 76.The Duties and Responsibilities of the Department of Health (DOH)
Under this Act. The DOH shall:
(1)Oversee and monitor the integration, coordination and
supervision of all drug rehabilitation, intervention, after-care
and follow-up programs, projects and activities as well as the
establishment, operations, maintenance and management of
privately-owned drug treatment rehabilitation centers and
drug testing networks and laboratories throughout the
country in coordination with the DSWD and other agencies;
(2)License, accredit, establish and maintain drug test network and
laboratory, initiate, conduct and support scientific research
on drugs and drug control;
(3)Encourage, assist and accredit private centers, promulgate rules
and regulations setting minimum standards for their
accreditation to assure their competence, integrity and
stability;
(4)Prescribe and promulgate rules and regulations governing the
establishment of such Centers as it may deem necessary
after conducting a feasibility study thereof;
(5)The DOH shall, without prejudice to the criminal prosecution of
those found guilty of violating this Act, order the closure of a
Center for treatment and rehabilitation of drug dependency
when, after investigation it is found guilty of violating the
provisions of this Act or regulations issued by the Board; and
(6)Charge reasonable fees for drug dependency examinations,
other medical and legal services provided to the public,
which shall accrue to the Board. All income derived from
these sources shall be part of the funds constituted as
special funds for the implementation of this Act under
Section 87. aDACcH
ARTICLE IX
Dangerous Drugs Board and Philippine Drug Enforcement Agency
SECTION 77.The Dangerous Drugs Board. The Board shall be the policy-
making and strategy-formulating body in the planning and formulation of policies
and programs on drug prevention and control. It shall develop and adopt a
comprehensive, integrated, unified and balanced national drug abuse prevention
and control strategy. It shall be under the Office of the President.
SECTION 78.Composition of the Board. The Board shall be composed of
seventeen (17) members wherein three (3) of which are permanent members,
the other twelve (12) members shall be in an ex officio capacity and the two (2)
shall be regular members.
The three (3) permanent members, who shall possess at least seven-year
training and experience in the field of dangerous drugs and in any of the following
fields: in law, medicine, criminology, psychology or social work, shall be
appointed by the President of the Philippines. The President shall designate a
Chairman, who shall have the rank of a secretary from among the three (3)
permanent members who shall serve for six (6) years. Of the two (2) other
members, who shall both have the rank of undersecretary, one (1) shall serve for
four (4) years and the other for two (2) years. Thereafter, the persons appointed
to succeed such members shall hold office for a term of six (6) years and until
their successors shall have been duly appointed and qualified.
The other twelve (12) members who shall be ex officio members of the Board are
the following:
(1)Secretary of the Department of Justice or his/her representative;
(2)Secretary of the Department of Health or his/her representative;
(3)Secretary of the Department of National Defense or his/her
representative;
(4)Secretary of the Department of Finance or his/her
representative;
(5)Secretary of the Department of Labor and Employment or
his/her representative;
(6)Secretary of the Department of the Interior and Local
Government or his/her representative;
(7)Secretary of the Department of Social Welfare and Development
or his/her representative;
(8)Secretary of the Department of Foreign Affairs or his/her
representative;
(9)Secretary of the Department of Education or his/her
representative;
(10)Chairman of the Commission on Higher Education or his/her
representative;
(11)Chairman of the National Youth Commission; and
(12)Director General of the Philippine Drug Enforcement Agency.
Cabinet secretaries who are members of the Board may designate their duly
authorized and permanent representatives whose ranks shall in no case be lower
than undersecretary.
The two (2) regular members shall be as follows:
(a)The president of the Integrated Bar of the Philippines; and
(b)The chairman or president of a non-government organization
involved in dangerous drug campaign to be appointed by the
President of the Philippines.
The Director of the NBI and the Chief of the PNP shall be the permanent
consultants of the Board, and shall attend all the meetings of the Board.
All members of the Board as well as its permanent consultants shall receive
a per diem for every meeting actually attended subject to the pertinent budgetary
laws, rules and regulations on compensation, honoraria and
allowances: Provided, That where the representative of an ex officio member or
of the permanent consultant of the Board attends a meeting in behalf of the latter,
such representative shall be entitled to receive the per diem.
SECTION 79.Meetings of the Board. The Board shall meet once a week or as
often as necessary at the discretion of the Chairman or at the call of any four (4)
other members. The presence of nine (9) members shall constitute a quorum.
SECTION 80.Secretariat of the Board. The Board shall recommend to the
President of the Philippines the appointment of an Executive Director, with the
rank of an undersecretary, who shall be the Secretary of the Board and
administrative officer of its secretariat, and shall perform such other duties that
may be assigned to him/her. He/she must possess adequate knowledge, training
and experience in the field of dangerous drugs, and in any of the following fields:
law enforcement, law, medicine, criminology, psychology or social work.
Two deputies executive director, for administration and operations, with the ranks
of assistant secretary, shall be appointed by the President upon recommendation
of the Board. They shall possess the same qualifications as those of the
executive director. They shall receive a salary corresponding to their position as
prescribed by the Salary Standardization Law as a Career Service Officer.
The existing secretariat of the Board shall be under the administrative control and
supervision of the Executive Director. It shall be composed of the following
divisions, namely: Policy Studies, Research and Statistics; Preventive Education,
Training and Information; Legal Affairs; and the Administrative and Financial
Management.
SECTION 81.Powers and Duties of the Board. The Board shall:
(a)Formulate, develop and establish a comprehensive, integrated,
unified and balanced national drug use prevention and
control strategy;
(b)Promulgate such rules and regulations as may be necessary to
carry out the purposes of this Act, including the manner of
safekeeping, disposition, burning or condemnation of any
dangerous drug and/or controlled precursor and essential
chemical under its charge and custody, and prescribe
administrative remedies or sanctions for the violations of
such rules and regulations;
(c)Conduct policy studies, program monitoring and evaluations and
other researches on drug prevention, control and
enforcement;
(d)Initiate, conduct and support scientific, clinical, social,
psychological, physical and biological researches on
dangerous drugs and dangerous drugs prevention and
control measures;
(e)Develop an educational program and information drive on the
hazards and prevention of illegal use of any dangerous drug
and/or controlled precursor and essential chemical based on
factual data, and disseminate the same to the general public,
for which purpose the Board shall endeavor to make the
general public aware of the hazards of any dangerous drug
and/or controlled precursor and essential chemical by
providing among others, literature, films, displays or
advertisements and by coordinating with all institutions of
learning as well as with all national and local enforcement
agencies in planning and conducting its educational
campaign programs to be implemented by the appropriate
government agencies.
(f)Conduct continuing seminars for, and consultations with, and
provide information materials to judges and prosecutors in
coordination with the Office of the Court Administrator, in the
case of judges, and the DOJ, in the case of prosecutors,
which aim to provide them with the current developments
and programs of the Board pertinent to its campaign against
dangerous drugs and its scientific researches on dangerous
drugs, its prevention and control measures;
(g)Design special trainings in order to provide law enforcement
officers, members of the judiciary, and prosecutors, school
authorities and personnel of centers with knowledge and
know-how in dangerous drugs and/or controlled precursors
and essential chemicals control in coordination with the
Supreme Court to meet the objectives of the national drug
control programs;

(h)Design and develop, in consultation and coordination with the
DOH, DSWD and other agencies involved in drugs control,
treatment and rehabilitation, both public and private, a
national treatment and rehabilitation program for drug
dependents including a standard aftercare and community
service program for recovering drug dependents;
(i)Design and develop, jointly with the DOLE and in consultation
with labor and employer groups as well as nongovernment
organizations a drug abuse prevention program in the
workplace that would include a provision for employee
assistance programs for emotionally-stressed employees;
(j)Initiate and authorize closure proceedings against non-
accredited and/or substandard rehabilitation centers based
on verified reports of human rights violations, subhuman
conditions, inadequate medical training and assistance and
excessive fees for implementation by the PDEA;
(k)Prescribe and promulgate rules and regulations governing the
establishment of such centers, networks and laboratories as
deemed necessary after conducting a feasibility study in
coordination with the DOH and other government agencies;
(l)Receive, gather, collect and evaluate all information on the
importation, exportation, production, manufacture, sale,
stocks, seizures of and the estimated need for any
dangerous drug and/or controlled precursor and essential
chemical, for which purpose the Board may require from any
official, instrumentality or agency of the government or any
private person or enterprise dealing in, or engaged in
activities having to do with any dangerous drug and/or
controlled precursors and essential chemicals such data or
information as it may need to implement this Act;
(m)Gather and prepare detailed statistics on the importation,
exportation, manufacture, stocks, seizures of and estimated
need for any dangerous drug and/or controlled precursors
and essential chemicals and such other statistical data on
said drugs as may be periodically required by the United
Nations Narcotics Drug Commission, the World Health
Organization and other international organizations in
consonance with the country's international commitments;
(n)Develop and maintain international networking coordination with
international drug control agencies and organizations, and
implement the provisions of international conventions and
agreements thereon which have been adopted and
approved by the Congress of the Philippines;
(o)Require all government and private hospitals, clinics, doctors,
dentists and other practitioners to submit a report to it, in
coordination with the PDEA, about all dangerous drugs
and/or controlled precursors and essential chemicals-related
cases to which they have attended for statistics and
research purposes;
(p)Receive in trust legacies, gifts and donations of real and
personal properties of all kinds, to administer and dispose
the same when necessary for the benefit of government and
private rehabilitation centers subject to limitations, directions
and instructions from the donors, if any;
(q)Issue guidelines as to the approval or disapproval of
applications for voluntary treatment, rehabilitation or
confinement, wherein it shall issue the necessary guidelines,
rules and regulations pertaining to the application and its
enforcement;
(r)Formulate guidelines, in coordination with other government
agencies, the importation, distribution, production,
manufacture, compounding, prescription, dispensing and
sale of, and other lawful acts in connection with any
dangerous drug, controlled precursors and essential
chemicals and other similar or analogous substances of
such kind and in such quantity as it may deem necessary
according to the medical and research needs or
requirements of the country including diet pills containing
ephedrine and other addictive chemicals and determine the
quantity and/or quality of dangerous drugs and precursors
and essential chemicals to be imported, manufactured and
held in stock at any given time by authorized importer,
manufacturer or distributor of such drugs;
(s)Develop the utilization of a controlled delivery scheme in
addressing the transshipment of dangerous drugs into and
out of the country to neutralize transnational crime
syndicates involved in illegal trafficking of any dangerous
drug and/or controlled precursors and essential chemicals;
(t)Recommend the revocation of the professional license of any
practitioner who is an owner, co-owner, lessee, or in the
employ of the drug establishment, or manager of a
partnership, corporation, association, or any juridical entity
owning and/or controlling such drug establishment, and who
knowingly participates in, or consents to, tolerates, or abets
the commission of the act of violations as indicated in the
preceding paragraph, all without prejudice to the criminal
prosecution of the person responsible for the said violation;
(u)Appoint such technical, administrative and other personnel as
may be necessary for the effective implementation of this
Act, subject to the Civil Service Law and its rules and
regulations;
(v)Establish a regular and continuing consultation with concerned
government agencies and medical professional
organizations to determine if balance exists in policies,
procedures, rules and regulations on dangerous drugs and
to provide recommendations on how the lawful use of
dangerous drugs can be improved and facilitated; and
(w)Submit an annual and periodic reports to the President, the
Congress of the Philippines and the Senate and House of
Representatives committees concerned as may be required
from time to time, and perform such other functions as may
be authorized or required under existing laws and as
directed by the President himself/herself or as recommended
by the congressional committees concerned. aTAEHc
SECTION 82.Creation of the Philippine Drug Enforcement Agency (PDEA).
To carry out the provisions of this Act, the PDEA, which serves as the
implementing arm of the Board, and shall be responsible for the efficient and
effective law enforcement of all the provisions on any dangerous drug and/or
controlled precursor and essential chemical as provided in this Act.
The PDEA shall be headed by a Director General with the rank of
Undersecretary, who shall be responsible for the general administration and
management of the Agency. The Director General of the PDEA shall be
appointed by the President of the Philippines and shall perform such other duties
that may be assigned to him/her. He/she must possess adequate knowledge,
training and experience in the field of dangerous drugs, and in any of the
following fields: law enforcement, law, medicine, criminology, psychology or
social work.
The Director General of the PDEA shall be assisted in the performance of his/her
duties and responsibilities by two (2) deputies director general with the rank of
Assistant Secretary; one for Operations and the other one for Administration. The
two (2) deputies director general shall likewise be appointed by the President of
the Philippines upon recommendation of the Board. The two (2) deputies director
general shall possess the same qualifications as those of the Director General of
the PDEA. The Director General and the two (2) deputies director general shall
receive the compensation and salaries as prescribed by law.
SECTION 83.Organization of the PDEA. The present Secretariat of the
National Drug Law Enforcement and Prevention Coordinating Center as created
by Executive Order No. 61 shall be accordingly modified and absorbed by the
PDEA.
The Director General of the PDEA shall be responsible for the necessary
changes in the organizational set-up which shall be submitted to the Board for
approval.
For purposes of carrying out its duties and powers as provided for in the
succeeding Section of this Act, the PDEA shall have the following Services,
namely: Intelligence and Investigation; International Cooperation and Foreign
Affairs; Preventive Education and Community Involvement; Plans and
Operations; Compliance; Legal and Prosecution; Administrative and Human
Resource; Financial Management; Logistics Management; and Internal Affairs.
The PDEA shall establish and maintain regional offices in the different regions of
the country which shall be responsible for the implementation of this Act and the
policies, programs, and projects of said agency in their respective regions.
SECTION 84.Powers and Duties of the PDEA. The PDEA shall:
(a)Implement or cause the efficient and effective implementation of
the national drug control strategy formulated by the Board
thereby carrying out a national drug campaign program
which shall include drug law enforcement, control and
prevention campaign with the assistance of concerned
government agencies;
(b)Undertake the enforcement of the provisions of Article II of this
Act relative to the unlawful acts and penalties involving any
dangerous drug and/or controlled precursor and essential
chemical and investigate all violators and other matters
involved in the commission of any crime relative to the use,
abuse or trafficking of any dangerous drug and/or controlled
precursor and essential chemical as provided for in this Act
and the provisions of Presidential Decree No. 1619;
(c)Administer oath, issue subpoena and subpoena duces
tecum relative to the conduct of investigation involving the
violations of this Act;
(d)Arrest and apprehend as well as search all violators and seize
or confiscate, the effects or proceeds of the crimes as
provided by law and take custody thereof, for this purpose
the prosecutors and enforcement agents are authorized to
possess firearms, in accordance with existing laws; SEDaAH
(e)Take charge and have custody of all dangerous drugs and/or
controlled precursors and essential chemicals seized,
confiscated or surrendered to any national, provincial or local
law enforcement agency, if no longer needed for purposes of
evidence in court;
(f)Establish forensic laboratories in each PNP office in every
province and city in order to facilitate action on seized or
confiscated drugs, thereby hastening its destruction without
delay;

(g)Recommend to the DOJ the forfeiture of properties and other
assets of persons and/or corporations found to be violating
the provisions of this Act and in accordance with the
pertinent provisions of the Anti-Money-Laundering Act of
2001;
(h)Prepare for prosecution or cause the filing of appropriate
criminal and civil cases for violation of all laws on dangerous
drugs, controlled precursors and essential chemicals, and
other similar controlled substances, and assist, support and
coordinate with other government agencies for the proper
and effective prosecution of the same;
(i)Monitor and if warranted by circumstances, in coordination with
the Philippine Postal Office and the Bureau of Customs,
inspect all air cargo packages, parcels and mails in the
central post office, which appear from the package and
address itself to be a possible importation of dangerous
drugs and/or controlled precursors and essential chemicals,
through on-line or cyber shops via the internet or
cyberspace;
(j)Conduct eradication programs to destroy wild or illegal growth of
plants from which dangerous drugs may be extracted;
(k)Initiate and undertake the formation of a nationwide organization
which shall coordinate and supervise all activities against
drug abuse in every province, city, municipality and
barangay with the active and direct participation of all such
local government units and nongovernmental organizations,
including the citizenry, subject to the provisions of previously
formulated programs of action against dangerous drugs;
(l)Establish and maintain a national drug intelligence system in
cooperation with law enforcement agencies, other
government agencies/offices and local government units that
will assist in its apprehension of big-time drug lords;
(m)Establish and maintain close coordination, cooperation and
linkages with international drug control and administration
agencies and organizations, and implement the applicable
provisions of international conventions and agreements
related to dangerous drugs to which the Philippines is a
signatory;
(n)Create and maintain an efficient special enforcement unit to
conduct an investigation, file charges and transmit evidence
to the proper court, wherein members of the said unit shall
possess suitable and adequate firearms for their protection
in connection with the performance of their duties: Provided,
That no previous special permit for such possession shall be
required;
(o)Require all government and private hospitals, clinics, doctors,
dentists and other practitioners to submit a report to it, in
coordination with the Board, about all dangerous drugs
and/or controlled precursors and essential chemicals which
they have attended to for data and information purposes;
(p)Coordinate with the Board for the facilitation of the issuance of
necessary guidelines, rules and regulations for the proper
implementation of this Act;
(q)Initiate and undertake a national campaign for drug prevention
and drug control programs, where it may enlist the
assistance of any department, bureau, office, agency or
instrumentality of the government, including government-
owned and/or -controlled corporations, in the anti-illegal
drugs drive, which may include the use of their respective
personnel, facilities, and resources for a more resolute
detection and investigation of drug-related crimes and
prosecution of the drug traffickers; and caSDCA
(r)Submit an annual and periodic reports to the Board as may be
required from time to time, and perform such other functions
as may be authorized or required under existing laws and as
directed by the President himself/herself or as recommended
by the congressional committees concerned.
SECTION 85.The PDEA Academy. Upon the approval of the Board, the
PDEA Academy shall be established either in Baguio or Tagaytay City, and in
such other places as may be necessary. The PDEA Academy shall be
responsible in the recruitment and training of all PDEA agents and personnel.
The Board shall provide for the qualifications and requirements of its recruits who
must be at least twenty-one (21) years old, of proven integrity and honesty and a
Baccalaureate degree holder.
The graduates of the Academy shall later comprise the operating units of the
PDEA after the termination of the transition period of five (5) years during which
all the intelligence network and standard operating procedures of the PDEA has
been set up and operationalized.
The Academy shall be headed by a Superintendent, with the rank of Director.
He/she shall be appointed by the PDEA Director General.
SECTION 86.Transfer, Absorption, and Integration of All Operating Units on
Illegal Drugs into the PDEA and Transitory Provisions. The Narcotics Group
of the PNP, the Narcotics Division of the NBI and the Customs Narcotics
Interdiction Unit are hereby abolished; however they shall continue with the
performance of their task as detail service with the PDEA, subject to screening,
until such time that the organizational structure of the Agency is fully operational
and the number of graduates of the PDEA Academy is sufficient to do the task
themselves: Provided, That such personnel who are affected shall have the
option of either being integrated into the PDEA or remain with their original
mother agencies and shall, thereafter, be immediately reassigned to other units
therein by the head of such agencies. Such personnel who are transferred,
absorbed and integrated in the PDEA shall be extended appointments to
positions similar in rank, salary, and other emoluments and privileges granted to
their respective positions in their original mother agencies.
The transfer, absorption and integration of the different offices and units provided
for in this Section shall take effect within eighteen (18) months from the effectivity
of this Act: Provided, That personnel absorbed and on detail service shall be
given until five (5) years to finally decide to join the PDEA.
Nothing in this Act shall mean a diminution of the investigative powers of the NBI
and the PNP on all other crimes as provided for in their respective organic
laws: Provided,however, That when the investigation being conducted by the
NBI, PNP or any ad hoc anti-drug task force is found to be a violation of any of
the provisions of this Act, the PDEA shall be the lead agency. The NBI, PNP or
any of the task force shall immediately transfer the same to the
PDEA: Provided, further, That the NBI, PNP and the Bureau of Customs shall
maintain close coordination with the PDEA on all drug related matters.
ARTICLE X
Appropriations, Management of Funds and Annual Report
SECTION 87.Appropriations. The amount necessary for the operation of the
Board and the PDEA shall be charged against the current year's appropriations
of the Board, the National Drug Law Enforcement and Prevention Coordinating
Center, the Narcotics Group of the PNP, the Narcotics Division of the NBI and
other drug abuse units of the different law enforcement agencies integrated into
the PDEA in order to carry out the provisions of this Act. Thereafter, such sums
as may be necessary for the continued implementation of this Act shall be
included in the annual General Appropriations Act.
All receipts derived from fines, fees and other income authorized and imposed in
this Act, including ten percent (10%) of all unclaimed and forfeited sweepstakes
and lotto prizes but not less than twelve million pesos (P12,000,000.00) per year
from the Philippine Charity Sweepstakes Office (PCSO), are hereby constituted
as a special account in the general fund for the implementation of this
Act: Provided, That no amount shall be disbursed to cover the operating
expenses of the Board and other concerned agencies:Provided, further, That at
least fifty percent (50%) of all the funds shall be reserved for assistance to
government-owned and/or operated rehabilitation centers. TICaEc
The fines shall be remitted to the Board by the court imposing such fines within
thirty (30) days from the finality of its decisions or orders. The unclaimed and
forfeited prizes shall be turned over to the Board by the PCSO within thirty (30)
days after these are collected and declared forfeited.
A portion of the funds generated by the Philippine Amusement and Gaming
Corporation (PAGCOR) in the amount of Five million pesos (P5,000,000.00) a
month shall be set aside for the purpose of establishing adequate drug
rehabilitation centers in the country and also for the maintenance and operations
of such centers: Provided, That the said amount shall be taken from the fifty
percent (50%) share of the National Government in the income of
PAGCOR: Provided, further, That the said amount shall automatically be remitted
by PAGCOR to the Board. The amount shall, in turn, be disbursed by the
Dangerous Drugs Board, subject to the rules and regulations of the Commission
on Audit (COA).
The fund may be augmented by grants, donations, and endowment from various
sources, domestic or foreign, for purposes related to their functions, subject to
the existing guidelines set by the government.
SECTION 88.Management of Funds Under this Act; Annual Report by the Board
and the PDEA. The Board shall manage the funds as it may deem proper for
the attainment of the objectives of this Act. In addition to the periodic reports as
may be required under this Act, the Chairman of the Board shall submit to the
President of the Philippines and to the presiding officers of both houses of
Congress, within fifteen (15) days from the opening of the regular session, an
annual report on the dangerous drugs situation in the country which shall include
detailed account of the programs and projects undertaken, statistics on crimes
related to dangerous drugs, expenses incurred pursuant to the provisions of this
Act, recommended remedial legislation; if needed, and such other relevant facts
as it may deem proper to cite.
SECTION 89.Auditing the Accounts and Expenses of the Board and the PDEA.
All accounts and expenses of the Board and the PDEA shall be audited by
the COA or its duly authorized representative.

ARTICLE XI
Jurisdiction Over Dangerous Drugs Cases
SECTION 90.Jurisdiction. The Supreme Court shall designate special courts
from among the existing Regional Trial Courts in each judicial region to
exclusively try and hear cases involving violations of this Act. The number of
courts designated in each judicial region shall be based on the population and
the number of cases pending in their respective jurisdiction.
The DOJ shall designate special prosecutors to exclusively handle cases
involving violations of this Act.
The preliminary investigation of cases filed under this Act shall be terminated
within a period of thirty (30) days from the date of their filing.
When the preliminary investigation is conducted by a public prosecutor and a
probable cause is established, the corresponding information shall be filed in
court within twenty-four (24) hours from the termination of the investigation. If the
preliminary investigation is conducted by a judge and a probable cause is found
to exist, the corresponding information shall be filed by the proper prosecutor
within forty-eight (48) hours from the date of receipt of the records of the case.
Trial of the case under this Section shall be finished by the court not later than
sixty (60) days from the date of the filing of the information. Decision on said
cases shall be rendered within a period of fifteen (15) days from the date of
submission of the case for resolution.
SECTION 91.Responsibility and Liability of Law Enforcement Agencies and
Other Government Officials and Employees in Testing as Prosecution Witnesses
in Dangerous Drugs Cases. Any member of law enforcement agencies or any
other government official and employee who, after due notice, fails or refuses
intentionally or negligently, to appear as a witness for the prosecution in any
proceedings, involving violations of this Act, without any valid reason, shall be
punished with imprisonment of not less than twelve (12) years and one (1) day to
twenty (20) years and a fine of not less than Five hundred thousand pesos
(P500,000.00), in addition to the administrative liability he/she may be meted out
by his/her immediate superior and/or appropriate body. DSHTaC
The immediate superior of the member of the law enforcement agency or any
other government employee mentioned in the preceding paragraph shall be
penalized with imprisonment of not less than two (2) months and one (1) day but
not more than six (6) years and a fine of not less than Ten thousand pesos
(P10,000.00) but not more than Fifty thousand pesos (P50,000.00) and in
addition, perpetual absolute disqualification from public office if despite due
notice to them and to the witness concerned, the former does not exert
reasonable effort to present the latter to the court.
The member of the law enforcement agency or any other government employee
mentioned in the preceding paragraphs shall not be transferred or re-assigned to
any other government office located in another territorial jurisdiction during the
pendency of the case in court. However, the concerned member of the law
enforcement agency or government employee may be transferred or re-assigned
for compelling reasons: Provided, That his/her immediate superior shall notify the
court where the case is pending of the order to transfer or re-assign, within
twenty-four (24) hours from its approval: Provided, further, That his/her
immediate superior shall be penalized with imprisonment of not less than two (2)
months and one (1) day but not more than six (6) years and a fine of not less
than Ten thousand pesos (P10,000.00) but not more than Fifty thousand pesos
(P50,000.00) and in addition, perpetual absolute disqualification from public
office, should he/she fail to notify the court of such order to transfer or re-assign.
Prosecution and punishment under this Section shall be without prejudice to any
liability for violation of any existing law.
SECTION 92.Delay and Bungling in the Prosecution of Drug Cases. Any
government officer or employee tasked with the prosecution of drug-related
cases under this Act, who, through patent laxity, inexcusable neglect,
unreasonable delay or deliberately causes the unsuccessful prosecution and/or
dismissal of the said drug cases, shall suffer the penalty of imprisonment ranging
from twelve (12) years and one (1) day to twenty (20) years without prejudice to
his/her prosecution under the pertinent provisions of the Revised Penal Code.
SECTION 93.Reclassification, Addition or Removal of Any Drug from the List of
Dangerous Drugs. The Board shall have the power to reclassify, add to or
remove from the list of dangerous drugs. Proceedings to reclassify, add, or
remove a drug or other substance may be initiated by the PDEA, the DOH, or by
petition from any interested party, including the manufacturer of a drug, a medical
society or association, a pharmacy association, a public interest group concerned
with drug abuse, a national or local government agency, or an individual citizen.
When a petition is received by the Board, it shall immediately begin its own
investigation of the drug. The PDEA also may begin an investigation of a drug at
any time based upon the information received from law enforcement laboratories,
national and local law enforcement and regulatory agencies, or other sources of
information.
The Board after notice and hearing shall consider the following factors with
respect to each substance proposed to be reclassified, added or removed from
control:
(a)Its actual or relative potential for abuse;
(b)Scientific evidence of its pharmacological effect if known;
(c)The state of current scientific knowledge regarding the drug or
other substance;
(d)Its history and current pattern of abuse;
(e)The scope, duration, and significance of abuse;
(f)Risk to public health; and
(g)Whether the substance is an immediate precursor of a
substance already controlled under this Act.
The Board shall also take into accord the obligations and commitments to
international treaties, conventions and agreements to which the Philippines is a
signatory.
The Dangerous Drugs Board shall give notice to the general public of the public
hearing of the reclassification, addition to or removal from the list of any drug by
publishing such notice in any newspaper of general circulation once a week for
two (2) weeks.
The effect of such reclassification, addition or removal shall be as follows:
(a)In case a dangerous drug is reclassified as precursors and
essential chemicals, the penalties for the violations of this
Act involving the two latter categories of drugs shall, in case
of conviction, be imposed in all pending criminal
prosecutions;
(b)In case a precursors and essential chemicals is reclassified as
dangerous drug, the penalties for violations of the Act
involving precursors and essential chemicals shall, in case of
conviction, be imposed in all pending criminal prosecutions;
(c)In case of the addition of a new drug to the list of dangerous
drugs and precursors and essential chemicals, no criminal
liability involving the same under this Act shall arise until
after the lapse of fifteen (15) days from the last publication of
such notice;
(d)In case of removal of a drug from the list of dangerous drugs
and precursors and essential chemicals, all persons
convicted and/or detained for the use and/or possession of
such a drug shall be automatically released and all pending
criminal prosecution involving such a drug under this Act
shall forthwith be dismissed; and
(e)The Board shall, within five (5) days from the date of its
promulgation submit to Congress a detailed reclassification,
addition, or removal of any drug from the list of dangerous
drugs.
ARTICLE XII
Implementing Rules and Regulations
SECTION 94.Implementing Rules and Regulations. The present Board in
consultation with the DOH, DILG, DOJ, DepEd, DSWD, DOLE, PNP, NBI,
PAGCOR and the PCSO and all other concerned government agencies shall
promulgate within sixty (60) days the Implementing Rules and Regulations that
shall be necessary to implement the provisions of this Act.
ARTICLE XIII
Final Provisions
SECTION 95.Congressional Oversight Committee. There is hereby created a
Congressional Oversight Committee composed of seven (7) Members from the
Senate and seven (7) Members from the House of Representatives. The
Members from the Senate shall be appointed by the Senate President based on
the proportional representation of the parties or coalitions therein with at least
two (2) Senators representing the Minority. The Members from the House of
Representatives shall be appointed by the Speaker, also based on proportional
representation of the parties or coalitions therein with at least two (2) Members
representing the Minority.
The Committee shall be headed by the respective Chairpersons of the Senate
Committee on Public Order and Illegal Drugs and the House of Representatives
Committee on Dangerous Drugs.
SECTION 96.Powers and Functions of the Oversight Committee. The
Oversight Committee on Dangerous Drugs shall, in aid of legislation, perform the
following functions, among others:
(a)To set the guidelines and overall framework to monitor and
ensure the proper implementation of this Act;
(b)To ensure transparency and require the submission of reports
from government agencies concerned on the conduct of
programs, projects and policies relating to the
implementation of this Act;
(c)To approve the budget for the programs of the Oversight
Committee on Dangerous Drugs and all disbursements
therefrom, including compensation of all personnel;
(d)To submit periodic reports to the President of the Philippines
and Congress on the implementation of the provisions of this
Act;
(e)To determine inherent weaknesses in the law and recommend
the necessary remedial legislation or executive measures;
and
(f)To perform such other duties, functions and responsibilities as
may be necessary to effectively attain the objectives of this
Act.

SECTION 97.Adoption of Committee Rules and Regulations, and Funding.
The Oversight Committee on Dangerous Drugs shall adopt its internal rules of
procedure, conduct hearings and receive testimonies, reports, and technical
advice, invite or summon by subpoena ad testificandum any public official,
private citizen, or any other person to testify before it, or require any person
by subpoena duces tecum documents or other materials as it may require
consistent with the provisions of this Act.
The Oversight Committee on Dangerous Drugs shall be assisted by a secretariat
to be composed by personnel who may be seconded from the Senate and the
House of Representatives and may retain consultants.
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 effectively 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.
Approved: June 7, 2002
Published in the Manila Times and Manila Standard on June 19, 2002. Published
in the Official Gazette, Vol. 98 No. 32 page 4325 on August 12, 2002.
ANNEX
1988 UNITED NATIONS CONVENTION AGAINST ILLICIT TRAFFIC IN NARCOTIC
DRUGS AND PSYCHOTROPIC SUBSTANCES
LIST OF SUBSTANCES IN TABLE I
1.ACETIC ANHYDRIDE
2.N-ACETYLANTHRANILIC ACID
3.EPHEDRINE
4.ERGOMETRINE
5.ERGOTAMINE
6.ISOSAFROLE
7.LYSERGIC ACID
8.3, 4-METHYLENEDIOXYPHENYL-2 PROPANONE
9.NOREPHEDRINE
10.1-PHENYL-2-PROPANONE
11.PIPERONAL
12.POTASSIUM PERMANGANATE
13.PSEUDOEPHEDRINE
14.SAFROLE
THE SALTS OF THE SUBSTANCES LISTED IN THIS TABLE WHENEVER THE
EXISTENCE OF SUCH SALTS IS POSSIBLE
LIST OF SUBSTANCES IN TABLE II
1.ACETONE
2.ANTHRANILIC ACID
3.ETHYL ETHER
4.HYDROCHLORIC ACID
5.METHYL ETHYL KETONE
6.PHENYLACETIC ACID
7.PIPERIDINE
8.SULPHURIC ACID
9.TOLUENE
THE SALTS OF THE SUBSTANCES LISTED IN THIS TABLE WHENEVER THE
EXISTENCE OF SUCH SALTS IS POSSIBLE (THE SALTS OF HYDROCHLORIC
ACID AND SULPHURIC ACID ARE SPECIFICALLY EXCLUDED)
1961 UNITED NATIONS SINGLE CONVENTION ON NARCOTIC DRUGS AS
AMENDED BY THE 1972 PROTOCOL
LIST OF DRUGS INCLUDED IN SCHEDULE I
1.Acetorphine
2.Acetyl-alpha-methylfentanyl
3.Acetylmethadol
4.Alfentanil
5.Allylprodine
6.Alphacetylmethadol
7.Alphameprodine
8.Alphamethadol
9.Alpha-methylfentanyl
10.Alpha-methylthiofentanyl
11.Alphaprodine
12.Anileridine
13.Benzethidine
14.Benzylmorphine
15.Betacetylmethadol
16.Beta-hydroxyfentanyl
17.Beta-hydroxy-3-methylfentanyl
18.Betameprodine
19.Betamethadol
20.Betaprodine
21.Bezitramide
22.Cannabis and Cannabis resin and extracts and tinctures of cannabis
23.Clonitazene
24.Coca leaf
25.Cocaine
26.Codoxime
27.Concentrate of poppy straw
28.Desomorphine
29.Dextromoramide
30.Diampromide
31.Diethylthiambutene
32.Difenoxin
33.Dihydroetorphine
34.Dihydromorphine
35.Dihydromorphine
36.Dimenoxadol
37.Dimepheptanol
38.Dimethylthiambutene
39.Dioxaphetyl butyrate
40.Diphenoxylate
41.Dipipanone
42.Drotebanol
43.Ecgonine
44.Ethylmethylthiambutene
45.Etonitazene
46.Etorphine
47.Etoxeridine
48.Fentanyl
49.Furethidine
50.Heroin
51.Hydrocodone
52.Hydromorphinol
53.Hydromorphone
54.Hydroxypethidine
55.Isomethadone
56.Ketobemidone
57.Levomethorphan
58.Levomoramide
59.Levophenacylmorphan
60.Levorphanol
61.Metazocine
62.Methadone
63.Methadone Intermediate
64.Methyldesorphine
65.Methyldihydromorphine
66.3-methylfentanyl
67.3-methylthiofentanyl
68.Metopon
69.Moramide intermediate
70.Morpheridine
71.Morphine
72.Morphine methobromide
73.Morphine-N-oxide
74.MPPP
75.Myrophine
76.Nicomorphine
77.Noracymethadol
78.Norlevorphanol
79.Normethadone
80.Normorphine
81.Norpipanone
82.Opium
83.Oxycodone
84.Oxymorphone
85.Para-fluorofentanyl
86.PEPAP
87.Pethidine
88.Pethidine intermediate A
89.Pethidine intermediate B
90.Pethidine intermediate C
91.Phenadoxone
92.Phenampromide
93.Phenazocine
94.Phenomorphan
95.Phenoperidine
96.Piminodine
97.Piritramide
98.Proheptazine
99.Properidine
100.Racemethorphan
101.Racemoramide
102.Racemorphan
103.Remifentanil
104.Sufentanil
105.Thebacon
106.Thebaine
107.Thiofentanyl
108.Tilidine
109.Trimeperidine
*Dextromethorphan (+)-3-methoxy-N-methylmorphinan and dextrorphan (+)-3-
hydroxy-N-methylmorphinan are isomers specifically excluded from this
Schedule.
AND the isomers, unless specifically excepted, of the drugs in this Schedule whenever
the existence of such isomers is possible within the specific chemical designation;
The esters and ethers, unless appearing in another Schedule, of the drugs in this
Schedule whenever the existence of such esters or ethers is possible;
The salts of the drugs listed in this Schedule, including the salts of esters, ethers and
isomers as provided above whenever the existence of such salts is possible.
LIST OF DRUGS INCLUDED IN SCHEDULE II
1.Acetyldihydrocodeine
2.Codeine
3.Dextropropoxyphene
4.Dihydrocodeine
5.Ethylmorphine
6.Nicocodine
7.Nicodicodine
8.Norcodeine
9.Pholcodine
10.Propiram
And the isomers, unless specifically excepted, of the drugs in this Schedule whenever
the existence of such isomers is possible within the specific chemical designation.
The salts of the drugs listed in this Schedule, including the salts of the isomers as
provided above whenever the existence of such salts is possible.
LIST OF DRUGS INCLUDED IN SCHEDULE III
1.Preparations of :Acetyldihydrocodeine,
Codeine,
Dihydrocodeine,
Ethylmorphine,
Nicocodine,
Nicodicodine,
Norcodeine and
Pholcodine
When compounded with one or more other ingredients and
containing not more than milligrams of the drug per dosage
unit and with a concentration of not more than 2.5 per cent
in undivided preparations.
2.Preparations of:Propiram containing not more than 100 milligrams of propiram per
dosage unit and compounded with at least the same
amount of Methylcellulose.
3.Preparations of:Dextropropoxyphene for oral use containing not more than 135
milligrams of dextropropoxyphene base per dosage unit or
with a concentration of not more than 2.5 per cent in
undivided preparations, provided that such preparations do
not contain any substance controlled under the Convention
on Psychotropic Substances of 1971.
4.Preparations of:Cocaine containing not more than 0.1 per cent of cocaine
calculated as cocaine base; and
Preparations of:Opium or morphine containing not more than 0.2 per cent of
morphine calculated as anhydrous morphine base and
compounded with one or more other ingredients and in
such a way that the drug cannot be recovered by readily
applicable means or in a yield that would constitute a risk
to public health.
5.Preparations of:Difenoxin containing, per dosage unit, not more than 0.5
milligrams of difenoxin and a quantity of atropine sulfate
equivalent. to at least 5 per cent of the dose of difenoxin.
6.Preparations of:Diphenoxylate containing per dosage unit, not more than 2.5
milligrams diphenoxylate calculated as base and a quantity
of atropine sulfate equivalent to at least 1 per cent of the
dose of diphenoxylate.
7.Preparations of:Pulvis ipecacuanhae et opii compositus
10 per cent opium in powder
10 per cent ipecacuanha root, in powder well mixed with
80 per cent of any other powdered ingredient containing no drug.
8.Preparations conforming to any of the formulas listed in this Schedule and
mixtures such preparations with any material which contains no drug.
LIST OF DRUGS INCLUDED IN SCHEDULE IV
1.Acetorphine
2.Acetyl-alpha-methylfentanyl
3.Alpha-methylfentanyl
4.Alpha-methylthiofentanyl
5.Beta-hydroxy-3-methylfentanyl
6.Beta-hydroxyfentanyl
7.Cannabis and Cannabis resin
8.Desomorphine
9.Etorphine
10.Heroin
11.Ketobemidone
12.3-methylfentanyl
13.3-methylthiofentanyl
14.MPPP
15.Para-fluorofentanyl
16.PEPAP
17.Thiofentanyl
AND the salts of the drugs listed in this Schedule whenever the formation of such salts
is possible. EICSDT
1971 UNITED NATIONS SINGLE CONVENTION ON PSYCHOTROPIC
SUBSTANCES
LIST OF SUBSTANCES IN SCHEDULE I
CHEMICAL NAME

BROLAMFETAMINE (DOB) ( + )-4-Bromo-2,5-dimethoxy-a-
methylphenethylamine
Dimethoxybromoamphetamine
CATHINONE (-)-(S)-2-Aminopropiophenone
DET 3-[2-(Diethylamino)ethyl]indole)
DMA ( + )-2,5-Dimethoxy-a-
methylphenethylamine
2,5 Dimethoxyamphetamine
DMPH 3-(1,2-Dimethylhepty)-7, 8, 9, 10-
tetrahydro-6,6,9-trimethyl-6H-
dibenzo[b,d]pyran-1-oI
DMT 3-[2-(Dimethylamino)ethyl]indole
DOET ( + )-4-Ethyl-2,5-dimethoxy-a-
phenethylamine
2,5-Dimethoxy-4-ethylamphetamine
ETICYCLIDINE (PCE) N-Ethyl-1-phenylcyclohexylamine
ETRYPTAMINE 3-(2-Aminobutyl)indole
(+)-LYSERGIDE (LSD, LSD-25) 9,10-Didehydro-N,N-diethyl-6-
methylergoline-8b- carboxamide
MDMA (+)-N, a-Dimethyl-3,4-(methylene-
dioxy)phenethylamine
3,4-Methylenedioxymethamphetamine
MESCALINE 3,4,5-Trimethoxyphenethylamine
METHCATHINONE 2-(Methylamino)-1-phenylpropan-1-one
4-METHYLAMINOREX (+)-cis-2-Amino-4-methyl-5-phenyl-2-
oxazoline
MMDA 2-Methoxy-a-methyl-4,5-
(methylenedioxy)phenethylamine
5-Methoxy-3,4-
methylenedioxyamphetamine
N-ETHYL MDA (+)-N-Ethyl-a-methyl-
3,4(methylenedioxy)phenethylamine
3-4-Metlrylenedioxy-N-ethylamphetamine
N-HYDROXY MDA (+)-N-[a-Methyl-3,4-
(methylenedioxy)phenethyl]-
hydroxylamine
3-4-Methylenedioxy-N-
hydroxyamphetamine
PARAHEXYL 3-Hexyl-7,8,9,10-tetrahydro-6,6,9-
trimethyl-6H-dibenzo[b,d]pyran-1-o1
PMA p-Methoxy-a-methylphenethylamine
Paramethoxyamphetamine
PSILOCINE, PSILOTSIN 3-[2-(Dimethylamino)ethyl]indol-4-o1
PSILOCYBINE 3-[2-(Dimethylamino)ethyl]indol-4-yl
dihydrogen phosphate
ROLICYCLIDINE (PHP, PCPY) 1-(1-Phenylcyclohexyl)pyrrolidine
STP, DOM 2,5-Dimethoxy-a,4-
dimethylphenethylamine
TENAMFETAMINE (MDA) a-Methyl-3,4-
(methylenedioxy)phenethylamine
Methylenedioxyamphetamine
TENOCYCLIDINE (TCP) 1-[1-(2-Thienyl)cyclohexyl]piperridine
TETRAHYDROCANNABINOL the following isomers and their
stereochemical variants:
7,8,9,10-Tetrahydro-6,6,9-trimethyl-3-
pentyl-6H-dibenzo[b,d]pyran-1-o1
(9R, 10aR)-8,9,10,10a-Tetrahydro-6,6,9-
trimethyl-3-pentyl-6H-
dibenzol[b,d] pyran-1-o1
(6aR, 9R, 10aR)-6a,9,10, 10a-Tetrahydro-
6,6,9-trimethyl-3-pentyl-6H-
dibenzo[b,d]pyran-1-o1
(6aR, 10aR)-6a,7,10,10a-Tetrahydro-
6,6,9-
trimethyl-3-pentyl-6H-
dibenzo[b,d]pyran-1-o1
6a,7,8,9-Tetrahydro-6,6,9-trimethyl-3-
pentyl-6H-dibenzo[b,d]pyran-1-o1
(6aR, 10aR)-6a,7,8,9,10,10a-Hexahydro-
6,6-dimethyl-9-methylene-3-
pentyl-6H-Dibenzo[b,d]pyran-1-o1
TMA ( + )-3,4,5-Trimethoxy-a-
methylphenethylamine
3,4,5-Trimethoxyamphetamine
4-MIA-(a-methyl-4-
methylthiophenethylamine)
The stereoisomers, unless specifically excepted, of substances in this Schedule,
whenever the existence of such stereo\isomers is possible within the specific chemical
designation.
LIST OF SUBSTANCES IN SCHEDULE II
1.AMFETAMINE (AMPHETAMINE)
2.DEXAMFETAMINE (DEXAMPHETAMINE)
3.FENETYLLINE
4.LEVAMFETAMINE (LEVAMPHETAMINE)
5.LEVOMETHAMPHETAMINE
6.MECLOQUALONE
7.METAMFETAMINE (METHAMPHETAMINE)
8.METHAMPHETAMINE RACEMATE
9.METHAQUALONE
10.METHYLPHENIDATE
11.PHENCYCLIDINE (PCP)
12.PHENMETRAZINE
13.SECOBARBITAL
14.DRONABINOL (delta-9-tetrahydro-cannabinol and its stereochemical
variants)
15.ZIPEPROL
16.2C-B(4-bromo-2,5-dimethoxyphenethylamine)
LIST OF SUBSTANCES IN SCHEDULE III
1.AMOBARBITAL
2.BUPRENORPHINE
3.BUTALBITAL
4.CATHINE (+)-norpseudo-ephedrine
5.CYCLOBARBITAL
6.FLUNITRAZEPAM
7.GLUTETHIMIDE
8.PENTAZOCINE
9.PENTOBARBITAL
LIST OF SUBSTANCES IN SCHEDULE IV
1.ALLOBARBITAL
2.ALPRAZOLAM
3.AMFEPRAMONE (diethylpropion)
4.AMINOREX
5.BARBITAL
6.BENZFETAMINE (benzphetamine)
7.BROMAZEPAM
8.BROTIZOLAM
9.BUTOBARBITAL
10.CAMAZEPAM
11.CHLORDIAZEPOXIDE
12.CLOBAZAM
13.CLONAZEPAM
14.CLORAZEPATE
15.CLOTIAZEPAM
16.CLOXAZOLAM
17.DELORAZEPAM
18.DIAZEPAM
19.ESTAZOLAM
20.ETHCHLORVYNOL
21.ETHINAMATH
22.ETHYL LOFLAZEPATE
23.ETILAMFETAMINE (N-ethylamphetamine)
24.FENCAMFAMIN
25.FENPROPOREX
26.FLUDIAZEPAM
27.FLURAZEPAM
28.HALAZEPAM
29.HALOXAZOLAM
30.KETAZOLAM
31.LEFETAMINE (SPA)
32.LOPRAZOLAM
33.LORAZEPAM
34.LORMETAZEPAM
35.MAZINDOL
36.MEDAZEPAM
37.MEFENOREX
38.MEPROBAMATE
39.MESOCARB
40.METHYLPHENOBARBITAL
41.METHYLPRYLON
42.MIDAZOLAM
43.NIMETAZEPAM
44.NITRAZEPAM
45.NORDAZEPAM
46.OXAZEPAM
47.OXAZOLAM
48.PEMOLINE
49.PHENDIMETRAZINE
50.PHENOBARBITAL
51.PHENTERMINE
52.PINAZEPAM
53.PIPRADROL
54.PRAZEPAM
55.PYROVALERONE
56.SECBUTABARBITAL
57.TE MAZEPAM
58.TETRAZEPAM
59.TRIAZOLAM
60.VINYLBITAL GHB (Gamma-hydroxybutyric acid)
61.ZOLPIDEM

||| (Comprehensive Dangerous Drugs Act of 2002, REPUBLIC ACT NO. 9165
[2002])