PROPOSED RESOLUTION

WHEREAS, the fast growing proliferation of drug addiction and its ill
effects has become a menace to the society;
WHEREAS, Section 17 of RA 7160, otherwise known as the Local
Government Code mandated the local government units to provide
rehabilitation programs for juvenile delinquents and victims of drug abuse;
WHEREAS, the Davao City Treatment and Rehabilitation Center for
Drug Dependents (DCTRCDD) was established in response to the dying need
of Davaoeos who fall prey to drug trade and desire to be rehabilitated and
reintegrated back to the society;
WHEREAS, the DCTRCDD caters only residents of Davao City, male or
female, between 10 years old and above, rich or poor, who are Nonpsychotic persons and found to have violated Section 15 of RA 9165 and
other related laws (Voluntary and Compulsory) or endorsement from the City
Mayor with or without court order, free of charge.
WHEREAS, Section 74 of RA 9165 otherwise known as the
Comprehensive Dangerous Drugs Act 2002 mandates the parents, spouse,
guardian or any relative within the fourth degree of consanguinity of any
person who is confined under voluntary or compulsory submission program
to share the cost of treatment and rehabilitation.
WHEREAS, Section 74 (a) IRR of RA 9165 provides that the parent,
spouse, guardian or any relative within the fourth degree of consanguinity of
any person who is confined under voluntary submission program or
compulsory submission program shall share the cost of treatment and
rehabilitation of a drug dependent; provided, however that in case a drug
dependent has no parent, spouse, guardian or relative within the fourth
degree of consanguinity, his/her rehabilitation shall be through the auspices
of any government rehabilitation center.
WHEREAS, The Drug Court of Davao City, in cognizance with Section
74 of RA 9165, directs the parents, spouse, or guardian as the case may be,
of the drug dependent, to share the cost of treatment and rehabilitation
expenses;
WHEREAS, some nearby municipalities and cities manifested to avail of
the facilities of DCTRCDD for the treatment and rehabilitation of their drug
dependents;
WHEREAS, in response to Administrative Order No. 5-A S. 1996 issued
by the Department of Health, the DCTRCDD has become a venue for learning
opportunities to students in the tertiary level who want to develop their
competency in handling drug dependents, including knowledge on
government service delivery;
NOW THEREFORE, RESOLVED AS IT IS HEREBY RESOLVED to enact an
ordinance prescribing the schedule of cost for the treatment and
rehabilitation of drug dependents and the affiliation fee of the students who
would undergo approved trainings at the Davao City Treatment and
Rehabilitation Center for Drug Dependents (DCTRDD).

ORDINANCE NO. ____ SERIES OF 2011

CHAPTER I
TITLE AND DECLARATION OF POLICY
Section 1. Title This ordinance shall be known as an ORDINANCE
PRESCRIBING THE FUNCTION OF THE DAVAO CITY TREATMENT AND
REHABILITATION CENTER FOR DRUG DEPENDENTS, IMPOSING FEE/S AND FOR
OTHER PRUPOSES.
Section 2. Declaration of Policy It is the policy of the City of Davao to
protect the well-being of its people/constituents, particularly the children and
the youth, from the destructive effects of dangerous drugs besetting our
country today. Towards this end, The City shall adopt a comprehensive and
unified approach against drug trafficking and drug use and shall pursue and
implement sustainable programs of treatment and rehabilitation to those
fallen prey to drugs.
CHAPTER II
DEFINITION OF TERMS
Section 3. Definition of Terms:
Direct Service Cost pertains to costs or valuation of items and services
that are directly consumed by or incurred for the client which consists of
home life services such as food, clothing, toiletries and linens, other personal
needs, expenses for socio-cultural, recreational and spiritual activities,
educational, legal/paralegal assistance and livelihood services.
Indirect Services Cost - pertains to the costs incurred in sustaining the
services and operations of the center, such as, but not limited to electricity
and water consumptions, communication expenses, office supplies,
maintenance and repairs (building and facilities), janitorial services, etc.;
Medical Treatment Cost pertains to cost of medical services rendered to
a Patient for the effective management of physical and mental conditions
arising from an individuals drug abuse, which consist of medicines,
laboratory test, check-up, etc.
Drug Dependence based on the World Health Organization (WHO)
definition, it is a cluster of physiological, behavioral, and cognitive
phenomena of variable intensity, in which the use of psychoactive drugs
takes on high priority thereby involving, among others, a strong desire or a
sense of compulsion to take the substance and the difficulties in controlling
substantivetaking behavior in terms of its onset, termination or levels of
use (RA 9165);
Drug Dependent refers to a person suffering from drug dependence;
Family Income refers to the aggregate of primary income, property
income, pension and other current transfers received by the immediate
family or relatives of the drug dependent;
CHAPTER III
FUNCTIONS OF THE DAVAO CITY TREATMENT AND REHABILITATION
CENTER

FOR DRUG DEPENDENTS (DCTRCDD)

Section 4. REHABILITATION CENTER In response to the continuing demand
for the rehabilitation of users of dangerous drugs, volatile, and other similar
addictive substances, the present DCTRCDD shall continue as residential
center for the treatment and rehabilitation for drug dependents and other
related disorders who are residents of Davao City, undergoing compulsory or
voluntary submission program as mandated under RA 9165 and/or other
applicable laws.
It shall provide comprehensive rehabilitation services to transform drug
dependents into drug-free individuals adjusted to their families and peers
and to reintegrate them into the community to live a happy, useful and
productive life.
Drug dependents exhibiting primary, psychotic behavior or psychosis as a
result or consequence of certain dangerous drug use shall not be accepted
and instead be referred to a psychiatric care facility.
The DCTRCDD may be made available to qualified non-residents and drug
dependents who wish to avail of the treatment and rehabilitation services
upon payment of fees prescribed in this ordinance.
Section 5. TRAINING AND LEARNING CENTER subject to applicable law/s,
the DCTRCDD may provide training program to students as part of their Field
Placement of On the Job Training.
CHAPTER IV
TREATMENT, REHABILITATION AND CONFINEMENT
Section 6. Period of Rehabilitation Confinement in the DCTRCDD shall be
within the period prescribed by the court and the Treatment and
Rehabilitation Center.
Upon determination that it would be best for the drug dependent to continue
rehabilitation in the Center, the same may be given due to course, provided
that there shall be an approval thereof secured from the court by the drug
dependent himself of by his/her parent, spouse and guardian.
Those confined without court order, the period of their confinement shall be
determined
by
the
Center
Manager.
Section 7. Requisites for ADMISSION Upon application for reception to
DCTRCDD, the applicant shall be required to submit documents, such as but
not limited to:
A. Voluntary Confinement of Adult (18 years old * above)
Deed of Voluntary Commitment (notarized)
Social Case Study Report
Letter of Intent
Approved endorsement from the City Mayors Office
Photocopy of Birth Certificate
Whole body Picture (3R or 5R)
Barangay Certificate
Psychiatric Evaluation Report

 Court Order
B. Voluntary Confinement of Minor (below 18 years old)
Deed of Voluntary Commitment (notarized)
Social Case Study Report
Photocopy of Birth Certificate
Approved endorsement from the City Mayors Office
Whole body picture (4R or 5R)
C. Compulsory Admission
Court Order
Psychiatric Evaluation showing that the drug dependent is a non-psychiatric
individual;
Barangay Certificate showing his/her residency.
Section 8. SUPPORT FOR REHABILITATION PROGRAM - to ensure reintegration of the drug dependent to the community, the following offices
shall provide support services to the DCTRCDD through their respective
programs;

City Social Services and Development Office (CSSDO)

Department of Education (DepEd)
City Health Office (CHO)
City Agriculture (CA)
Local Civil Registrar
Technical Education and Skills Development Authority (TESDA)
Department of Health (DOH) Center for Health and Development XI
Parole and Probation Administration
City Government of Davao
PDEA
PNP
ADAC
CITY COURT
PPA
BRGY. COUNCIL
DTI DOLE
CMO
DSWD
CHAPTER V
COST OF CARE AND MAINTENANCE

Section 9. COMPONENTS AND STANDARD COST OF CARE AND MAINTENANCE

the cost of care shall cover the total cost of direct and indirect services
provided to the dependents while having his/her rehabilitation in the
DCTRCDD, which amount is at P 10,000.00 monthly.
Upon Admission of the drug dependent at the DCTRCDD, the amount
equivalent to one (1) month cost-share shall be paid to the City Treasurer by
the parent, spouse, or guardian of a drug dependent of by the City of
Municipality who wish to avail the services and facilities of the center as the
case may be.

Section 10. Cost-sharing of a drug dependent who is a resident of Davao City

undergoing compulsory of voluntary submission program for a dependent
who is a resident of Davao City, the cost of the services and treatment shall
be in the following manner:
For the family of drug dependent whose monthly income is below poverty
threshold and declared as indigent by the City Social Services and
Development Office, all cost for the rehabilitation are free of charge except
for the costs of hospitalization, medicines, psychiatric services.
For family of drug dependent whose monthly income is above poverty
threshold of not more than 50% and can still afford to share in the expenses
for the treatment, rehabilitation, food, accommodation, and medicines, the
percentage of sharing shall be One-half (1/2) of the total cost of treatment
and the balance shall be subsidized by the City of Davao except for the costs
of hospitalization, medicines, psychiatric services which shall be borne by the
family of the drug dependent.
For the family of drug dependent with income above 50% of the poverty
threshold, all expenses for the treatment, rehabilitation, food and
accommodation, medicines, hospitalization shall be borne by the family.
Section 11. Cost-sharing of a drug dependent who is non-resident of Davao
City undergoing compulsory and voluntary rehabilitation program the
DCTRCDD may accept drug dependents who are non-resident of Davao City
undergoing compulsory or voluntary program. Provided, however, that the
total cost of expenses for the treatment shall be paid by the family of the
drug dependent or by the City or Municipality where the drug dependent
resides. Prior to admission, the total amount of rehabilitation shall be paid
full.
For this purpose, there shall be a Memorandum of Agreement (MOA) to be
executed between the City of Davao and the City or Municipality from where
the drug dependent resides, to be represented by their respective Mayors.
The Memorandum of Agreement (MOA) shall set forth the terms and
conditions in order to avail the services and facilities of the Center.
Section 12. INCREASE - Every five (5) years thereafter, additional P5, 000.00
to the cost referred to in Section 10, shall be added considering the
increasing price of commodities.
Section 13. Payment of medicines, laboratory tests and medical check-up
outside DCTRCDD. It shall be the sole responsibility of the parent, spouse,
guardian, as the case may be, of the drug dependent to pay the costs of
medicines, laboratory tests, and medical check-up conducted of secured
from institutions other than DCTRCDD;
CHAPER VII
LEARNING CENTER
Section 14. AFFILIATION AND TRAINING The DCTRCDD may be made
available to educational institutions in the tertiary level for the learning and
training of students from health professionals and social sciences.

The school that would like to avail the training program of DCTRCDD shall
bear cost incidental to the placement of the trainees/students.
A contract of affiliation shall be executed between the school concerned and
the City of Davao prior to the placement training, to wit:
Nursing
Social Work
Nurse/Health Aide
Psychologist
Immersion of trainees

P60.00 for 50-80 hrs per student

P100.00 per student per month
P30.00 per student per month
P60.00 for 50-80 hrs per student
P100.00 per participant per day

MISCELLANEOUS PROVISIONS
Section 17. AUTHORITY TO ACCEPT DONATIONS The City Mayor is hereby
authorized to accept any donations, in cash and/or kind, in favor of the
DCTRCDD.
Section 18. Trust Fund The amount collected under this ordinance shall be
used exclusively for the maintenance and operations of the DCTRCDD. For
this purpose, a separate account shall be maintained.
Section 19. Separability Clause If for any reason/s, any port of this
ordinance is declared unconstitutional or invalid, other parts or provisions
thereof not affected shall continue to be in full force and effect.
Section 20. Repealing Clause Ordinance, resolutions or issuances
inconsistent herewith are hereby repealed or modified accordingly.
Section 21. Effectivity Clause This ordinance shall take effect immediately
upon approval.